Farmtrek New Vehicle Limted Warranty

Farmtrek New Vehicle Limited Warranty
2024

Farmtrek Australia Pty Ltd (“Farmtrek Australia”, “we”,”us”) whose registered office is 81-83 Campbell Street, Surry Hills NSW 2010 Australia provides warranty repairs for any new vehicles sold and delivered directly by Farmtrek Australia during the applicable warranty periods, within the designated region of Australia only, and in accordance with the terms, conditions, and limitations outlined in this New Vehicle Limited Warranty.

1. Ownership Transfer

This New Vehicle Limited Warranty may be transferred, at no cost, to any individual(s) who subsequently and lawfully acquires ownership of the vehicle following the first retail purchaser, subject to the terms and conditions outlined in this New Vehicle Limited Warranty (“subsequent purchaser”).

2. Warranty Ownership

The first retail purchaser, or any subsequent purchaser, of a new vehicle sold within the designated region, may enforce this New Vehicle Limited Warranty, subject to the terms and conditions set forth herein.

3. Warranty Coverage Period

This New Vehicle Limited Warranty commences on the date the new vehicle is delivered by Farmtrek Australia to the first retail or corporate purchaser(s) or lessor(s), or on the date it is first put into service (for example, as a demonstrator or company vehicle), whichever occurs first (“commencement date”) to either the date 365 days after the commencement date or 200 hours of use, whichever comes first. Any parts repaired or replaced, including the replacement of the vehicle, under this warranty are covered only until the expiration of the applicable warranty period, unless otherwise required by applicable law.

4. Vehicle Coverage

Farmtrek Australia will cover the cost of repairs necessary to correct defects in materials or workmanship of any parts manufactured or supplied by us that occur under normal use within the warranty coverage period. Farmtrek shall not be liable for any direct damages in an amount that exceeds the fair market value of the vehicle at the time of the claim.

5. Warranty Maintenance Requirement

To maintain the warranty during the warranty coverage period, the first retail purchaser, or any subsequent purchaser must adhere to the allocated maintenance schedule for the vehicle and ensure any maintenance, servicing or repairs is conducted by a Farmtrek Australia authorised repairer.

6. Warranty Limitations and Exclusions

This New Vehicle Limited Warranty excludes any failures not caused by defects in materials or workmanship. This warranty does not cover claims related to defective design. Additionally, this warranty does not cover damages resulting from acts of God, accidental damage, normal wear and tear including, but not limited to, seat, trim and upholstery discoloration, punctures, tears, discoloration, depressions, wrinkling abrasions or other deformations, paint and glass stone chips, and similar items, abuse, or improper handling. It further excludes any damage to the vehicle, its components, or parts resulting from structural or electrical modifications, neglect, improper maintenance, or use in racing, competition, or any other purposes for which the vehicle was not designed.

This warranty also excludes damages or failures arising from improper lubrication, surface imperfections caused by external stress, temperature extremes, or contamination, operator error or abuse, improper alignment, tension, or adjustment of components, ingestion or contamination by snow, water, dirt, or other foreign substances, improper maintenance, use of modified components, or use of aftermarket or unapproved components, accessories, or attachments. Furthermore, it does not cover damages resulting from the use of unapproved software or calibrations, unauthorised repairs, or repairs performed after the expiration of the warranty period or by unauthorised repair centres.

Furthermore the warranty does not cover windshield or window glass that is broken, chipped, scratched, or cracked, other than as a result of a defect in material or workmanship of a Farmtrek Australia manufactured or supplied windshield or window glass. The warranty also does not cover general appearance or normal noises and vibrations, including, but not limited to, brake squeal, general knocks, creaks, rattles, and wind and road vibration for which there are no malfunctioning parts requiring replacement.

This warranty excludes the expected reduction in range or capacity of the high-voltage battery pack due to time and usage (applicable to electric vehicles only). However, should the high-voltage battery pack exhibit a capacity reduction exceeding 45% of the published nominal capacity, it will be covered under this limited warranty, subject to verification by an authorised dealer through battery management system (BMS) log data.

This warranty excludes non-recoverable high-voltage battery packs. It is the owner’s responsibility to maintain the state of charge (SoC) of the high-voltage battery and prevent it from becoming fully depleted. If the high-voltage battery charge is fully depleted, the battery may cease operating permanently (rendering it non-recoverable).

Lastly, this warranty excludes damages or failures caused by abuse, towing the vehicle, improper winch procedures, theft, vandalism, or riot, overloading the vehicle, accident, fire, or any cause other than a defect in materials or workmanship. It provides no coverage for consumable components, general wear items, or any parts exposed to friction surfaces, stresses, environmental conditions, or contamination beyond their intended design or purpose.

These limitations and exclusions shall apply whether your claim is in contract, tort (including negligence and gross negligence), breach of warranty or condition, misrepresentation (whether negligent or otherwise) or otherwise at law or in equity, even if Farmtrek Australia is advised of the possibility of such damages or such damages are reasonably foreseeable. In jurisdictions that do not allow the exclusion or limitation of indirect, direct, special, incidental or consequential damages, the above limitations or exclusions may not apply to you.

7. Void Warranty

You are responsible for the proper operation of the vehicle and for maintaining detailed and accurate records of the vehicle’s maintenance. Such records should include the Vehicle Identification Number (“VIN”), the servicing centre’s name and address, the date of service or maintenance, and a description of the service or maintenance performed. These records should be provided to any subsequent purchaser or transferee.

Failure to adhere to the specific instructions and recommendations regarding the use and operation of the vehicle, as provided in your owner documentation, may void this New Vehicle Limited Warranty. This includes, but is not limited to, the following:

Compliance with any recalls;
Carrying passengers and cargo within specified load limits; and
Performing all necessary repairs.

Furthermore, this warranty may be voided if the vehicle has been deemed a total loss by an insurance company, or if the vehicle’s VIN or electronics that measure hours of use have been altered, tampered with, or are suspected of intentional damage.

8. Reasonable Time of Repairs

You are required to allow Farmtrek Australia a reasonable amount of time to complete the necessary repairs and/or service. Upon notification by Farmtrek Australia that the vehicle repairs and/or service have been completed, you are responsible for promptly retrieving the vehicle at your own expense. Failure to do so may result in the assessment of reasonable daily storage fees being charged.

9. Extended Warranty Coverage

Farmtrek Australia offers the ability at an additional cost to extend the warranty period up to four years or 800 hours of use, whichever comes first. The extended warranty coverage can only by applied at time of purchase by the first retail purchaser and cannot be applied by any subsequent purchaser thereafter. If the additional coverage is applied the terms, conditions, and limitations outlined in this New Vehicle Limited Warranty apply up until 48 months after the commencement date or 900 hours of use, whichever comes first.

10. Modifications and Waivers

No individual or entity, including but not limited to a Farmtrek Australia employee or authorised representative, has the authority to modify or waive any provision of this New Vehicle Limited Warranty. Farmtrek Australia may, at its sole discretion, choose to cover part or all of the costs of certain repairs that are no longer covered under this New Vehicle Limited Warranty on an ad hoc, case-by-case basis. Farmtrek Australia reserves the right to make such discretionary payments and to implement changes to vehicles it manufactures or sells, as well as to the applicable warranties, at any time, without incurring any obligation to extend the same or similar payments or changes to vehicles previously manufactured or sold, or to any applicable warranties, including this New Vehicle Limited Warranty.

11. Making a Claim

To obtain warranty service, you must notify Farmtrek Australia by phone or email within the applicable warranty period and await further instructions. If the vehicle is deemed eligible for warranty repair, you are required to deliver the vehicle, at your own expense, during regular business hours to an authorised Farmtrek Australia Service Centre. The location of the nearest Farmtrek Australia Service Centre can be found on our website.

When contacting Farmtrek Australia, please be prepared to provide the Vehicle Identification Number (VIN), the current hours of use, your payment receipt, and a detailed description of the defect.

12. Dispute Resolution

From time to time, disputes may arise concerning this warranty agreement, including any questions regarding its existence, validity, or termination (a “Dispute”). The parties agree to first attempt to resolve the Dispute through good faith negotiations. Either party may initiate such negotiations by providing written notice of the Dispute to the other party, outlining the nature of the Dispute and the relief sought.

If the Dispute cannot be resolved through good faith negotiations within 30 days of the initial notice, the parties agree to attempt to resolve the Dispute through mediation. The mediation shall be conducted in Australia by a mediator agreed upon by both parties. If the parties cannot agree on a mediator, a mediator shall be appointed by the Australian Mediation Association. The parties shall share the costs of mediation equally, and each party shall bear its own legal costs.

If the Dispute is not resolved through mediation within 60 days from the date of the mediation request, either party may submit the Dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA) then in effect. The arbitration shall be held in Sydney, Australia and the language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court having jurisdiction. The costs of the arbitration, including the fees of the arbitrator(s), shall be borne equally by the parties, and each party shall bear its own legal costs.

This warranty agreement and any Dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of New South Wales, Australia. Subject to the arbitration clause above, the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia for any enforcement of the arbitration award or for any Dispute that is not subject to arbitration under this agreement.

Nothing in this clause shall prevent either party from seeking injunctive relief or any other equitable remedy in a court of competent jurisdiction, where such relief is necessary to protect that party’s rights pending the resolution of the Dispute in accordance with the procedures set out above.

13. Contact Details

Farmtrek Australia Pty Ltd
Unit 1, 12 Tyree Place
Braemar NSW 2575
Australia
Phone: 1300 295 368
Email: legal@farmtrek.com.au