Food Trailer King Warranty And Terms Of Sale

1. General Scope of Coverage Click Industries Pty Ltd T/A Food Trailer King warrants to the first registered owner, that Click Industries Pty Ltd T/A Food Trailer King will replace, at its option, any genuine parts covered under this warranty which is found to be defective in material or workmanship during the applicable warranty term as set forth in the Coverage Chart depicted in paragraph B, subject to the exclusions listed in paragraph C. Each applicable warranty term begins on the date of dealer dispatch. This warranty covers new genuine parts (“Equipment”) purchased from Click Industries Pty Ltd T/A Food Trailer King. Food Trailer King equipment comes with guarantees that cannot be excluded under the Australian Consumer Law. The benefits within our Warranty are in addition to other rights and remedies under the Australian Consumer Law.
2. What is Warranted? Subject to paragraph C, all parts of new Equipment are warranted as set forth in the Coverage Chart below. All warranty is commercial grade warranty – 3 months parts and labour and a further 9 months parts only. However, in most cases we go over and above this to deliver you amazing customer service. Industry leading structural warranty covers the draw bar and chassis only from fatigue and has a guarantee for a period of 12 months from original date of purchase. All commercial kitchen equipment is guaranteed under a 12-month warranty from the date of purchase. 
   *  Parts Only Warranty Covers the balance of the warranty period excluding normal replaceable items, including but not limited to vehicle maintenance of our food trucks, tyres, silicone, rubber seals, bearings, light bulbs, screws and rivets etc. The jockey wheel is covered for the first 14 days only.  All jockey wheels are brand new, fit for purpose according to the weight of the trailer, and lift to fit a standard vehicle. If, after that time, you damage your jockey wheel, or your jockey wheel does not lift high enough to get onto your vehicle, you will be responsible for replacing your jockey wheel at your expense.  Jockey wheels can be purchased from trailer part retailers such as Super Cheap Autos.
3. What is Not Warranted (Exclusions)? Pursuant to the terms of this warranty, Click Industries Pty Ltd T/A Food Trailer King IS NOT RESPONSIBLE FOR ANY OF THE FOLLOWING:
   1. Warranties are not valid on items purchased for the purpose of rental, loan or hire use.
   2. No warranty is offered on products sold at auction or as demonstrator, factory seconds or used products.
   3. Warranty does not cover the product in the event of abuse, misuse, accidental damage or collision, modification of design, fair wear and tear (wheel bearings, wheels, tyres, paint, rusted stainless, door locks) neglect, incorrect or inadequate maintenance. Suspension, wheels nuts and bearings must be checked before every trip. Wheel bearings must be serviced by an authorized motor mechanic in 6-month intervals. Note: for extreme use the trailer will require more frequent wheel bearing service.
   4. There is no warranty or compensation for any transport, accommodation, towing or recovery costs, lost business, spoiled food arising from a warranty claim are the responsibility of the purchaser unless otherwise stated in writing by Food Trailer King.
   5. Trailer bodies are guaranteed for a period of 12 months from original date of purchase. Cosmetic blemishes are excluded from the warranty and are the owner’s responsibility to maintain.
   6. Fridges and freezers are guaranteed for a period of 12 months from original date of purchase. General wear and tear is exempt. The fridge must not be operated for a long period of time in an enclosed space, i.e., with the trailer or truck closed for weeks at a time as a way of storing goods; the fridge needs ventilation to function properly.
   7. Overloading of trailer and causing damage to suspension is not warranted. We suggest you take careful note of the GVM of your trailer as per your VIN plate and do not overload it for safety and structural reasons.
   8. Drilling through panels of the trailer will void warranty on panels and is likely to cause moisture inside the panel, blistering and bubbling. Under no circumstances should you drill from one side of panel to the other.
   9. Any Equipment that has been altered or modified in a manner not approved by Click Industries Pty Ltd T/A Food Trailer King is excluded from the warranty.
   10. Defects caused by normal wear and tear, or lack of reasonable and proper maintenance are not warranted.
   11. Normal maintenance parts and service, including but not limited to vehicle maintenance of our food trucks, tyres, silicone, rubber seals, bearings, light bulbs, screws and rivets etc are classed as normal wear and tear items and as such are not included in the warranty.
   12. Defects caused by user negligence or failure to comply with the owner’s operator’s manuals. 
   13. Defects caused by misuse or abuse, including but not limited to use of Equipment: (i) beyond stated or reasonable specifications or tolerances, (ii) contrary to the terms of the owner’s manual, (iii) or contrary to the Equipment’s intended purposes.
   14. Defects caused by the use of equipment not purchased via Food Trailer King.
   15. Costs of parts cleaning, adjustments, service calls, diagnostics, and clean up.
   16. Costs of rental of replacement equipment during the repair period.
   17. Window and door glass and mirrors.
   18. Freight charges on replacement parts.
   19. Addition or replacement of chemical weight materials.
   20. Damage or defects caused by accident, theft, fire, flood, vandalism, or an act of God.
   21. Equipment which has been declared a total loss and subsequently salvaged.
   22. Overtime labour charges.
   23. Transportation of Equipment and travel time (including mileage).
   24. Any failure or defect not caused by a defect in workmanship or materials.
   25. Silicon in trailers including on the roof, outside, and internally is a maintenance item.  Silicon will not last forever; dirt, residue, grime etc can build up and cause the silicon to be ineffective and will need replacement as part of normal maintenance of your trailer, just as you would in your bathroom at home. When replacing silicon, this should be done with high quality silicon, making sure all old silicon has been removed, cleaned and dried out prior to application. Please note that roof leaks can occur due to silicon wear and tear, so please make it part of your regular 3-monthly maintenance checks to thoroughly inspect the silicon throughout your trailer.  
   26. Balance support legs are designed to balance the trailer, not lift the trailer off of the ground.  At no time are the support legs to be used to suspend the trailer, nor should a rattle gun or any leverage be used to try to force them down as this will cause damage to the gears. No warranty is provided to damaged gears on support legs as this is via misuse and therefore not warranted.
   27. The purchaser is responsible for insurance of the trailer or truck from the point of deposit on the trailer or truck. 
   28. Warranty provided on trailers and gas equipment is determined by a third party supplier.  If a warranty claim is rejected by the supplier, the cost of the invoice will be due and payable by the owner of the trailer.
   29. All gas equipment should be serviced every 3 months by a licensed gas fitter, and always kept clean and free of greases, excess oil and equipment. Proof of service is required for any gas appliance claim.  Failure to provide proof of service will void any warranty on gas equipment. 
4. Terms of Warranty
   1. Warranty is only valid to food trailers and accessories that have been well maintained, kept clean, tidy, and neat. The Purchaser must maintain their trailer/truck and equipment in accordance with the instructions provided in the owner’s manuals and keep records and receipts for such maintenance. Food Trailer King may ask the Purchaser to prove that regular maintenance has been timely and properly performed.
   2. All warranty work is to be carried out by Food Trailer King or by a Food Trailer King authorized representative unless with the express written permission of Food Trailer King. Food Trailer King will repair or replace the item at their discretion.
   3. Warranty claims will require photographic and/or video evidence of the claim to clearly demonstrate the item requiring repairs to ensure your warranty claim is processed efficiently and in a timely manner.
   4. Food Trailer King takes no responsibility for any losses of income, or losses from any other nature occurring while any food trailer warranty issue is being warranted and/or repaired.
   5. Food Trailer King takes no responsibility for your success or lack thereof in the food business. We sell you the trailer only as agreed and outlined on your invoice. We make no claims on what you will or will not earn as a food trailer operator. We do, however, help you as much as we can, but ultimately you need to run your business.
   6. Our trailers and equipment are always being updated and refined. Some items may not match video exactly, we do our best to inform you in advance. If you have questions please just ask, we are happy to let you know. Our goal is to provide you with the most up-to-date product.
   7. Some items are supplied from third party Australian suppliers. In some cases, you will need to contact third party suppliers directly as they warrant their own items and undertake repairs for you. We will advise if this is the case. They will have their own service network and service you quickly.
   8. Tradesmen will not be organised outside of standard working hours to repair or replace equipment; standard working hours being Monday – Friday 8-4pm.  Should you insist on a tradesperson to repair your trailer outside of working hours, the fees will be payable by you, the trailer owner. This is standard across many industries.  In many cases, depending on your location, you will need to take your trailer to a local service centre to have the repair completed. This may cause you to lose income during the short period of time your trailer is being repaired, as with your regular servicing, however, we take no responsibility for compensation at this time. Repairing and maintaining your trailer is part of running a business and should be expected during the warranty period and as ongoing maintenance for your business.
5. Termination of Warranty
   1. This warranty terminates and is voided immediately upon the occurrence of any of the following:
   2. Use of trailer for rent, hire or loan.
   3. Use of any replacement part that is not a genuine authorized part.
   4. Any modifications to the trailer or truck by an unlicensed tradesman.
   5. Failure to timely and completely perform regular maintenance and service as prescribed by the operator’s manual during the warranty term.
   6. Failure to perform Purchaser’s obligations as set forth in this warranty.
   7. Under no circumstances can any unauthorised repairs be undertaken on the trailer within the warranty period without voiding your 12 month warranty.  Authorisation for repairs will be provided in writing by a team member at Food Trailer King.
   8. Misuse or abuse of equipment, including but not limited to use of equipment: (i) beyond stated or reasonable specifications or tolerances, (ii) contrary to the terms of the owner’s manual, or (iii) contrary to the equipment’s intended purposes.
   9. Transfer of ownership of food truck or trailer. Warranty is valid only to the original purchaser and may not be transferred or deferred in any way. Once sold or otherwise disposed of by the original purchaser to any third party, warranty becomes void.
6. Exclusion of Implied Warranties and Limitation of Liability  This warranty is in lieu of all warranties of merchantability, fitness for a particular purpose or other representations, warranties or conditions, expressed or implied, all of which are hereby excluded. The remedies of this warranty set forth herein are exclusive. Click Industries Pty Ltd T/A Food Trailer King neither assumes, nor authorizes any person to assume for it, any other obligation or liability in connection with the sale of covered equipment. Correction of defects, in the manner and for the applicable period of time provided above, shall constitute all obligations of Click Industries Pty Ltd T/A Food Trailer King sales to the purchaser, and Click Industries Pty Ltd T/A Food Trailer King shall not be liable for negligence or breach of contract with respect to covered equipment. In no event shall the purchaser be entitled to recover for incidental, special, or consequential damages, including but not limited to, lost profits or income, cost of rental or replacement equipment, inconvenience, or other commercial losses, because some jurisdictions do not permit limitations or exclusions of implied warranties or incidental or consequential damages, the above exclusions may not apply to you.
7. No Dealer Warranty This warranty is the only warranty authorized by Click Industries Pty Ltd T/A Food Trailer King. Dealers, distributors, and other third parties have no authority to make any warranty, representation, condition or promise on behalf of Click Industries Pty Ltd T/A Food Trailer King, or to modify the terms or limitations of this warranty in any way.
8. Purchaser’s Obligation To secure warranty service, the Purchaser must promptly report the defect by emailing customercare@aftersalescare.com.au and cc in office@foodtrailerking.com.au. The Purchaser must maintain the trailer/truck and equipment in accordance with the instructions provided in the owner’s manuals and keep records and receipts for such maintenance. Click Industries Pty Ltd T/A Food Trailer King may ask the Purchaser to prove that regular maintenance has been timely and properly performed. If a covered defect occurs, it is the Purchaser’s responsibility to cease operating the equipment until repairs are made. Damage which occurs from continued operation may not be covered by this warranty.
   General conduct whilst dealing with our staff and suppliers – Your polite and respectful conduct is expected.  Abusing staff, ringing and demanding instant fixes outside of or during business hours, threatening, intimidating or unreasonable behaviour, verbal or physical abuse towards staff will not be tolerated.  We understand that running a business can be stressful at times and things can go wrong, but our staff are there to help, and offer excellent customer service if you allow them to.  We always show our customers utmost politeness and respect so expect the same in return for all of our staff members, tradesmen and delivery drivers.
9. Owner’s Responsibility Upon delivery or pick up of your food trailer, read the equipment Operator’s Manual carefully to learn how to operate and service all equipment safely and correctly. Keep all safety guards and devices in place when operational. Failure to do so could result in personal injury or equipment damage. Operator’s Manuals are available in hard copy on request, and online.
10. Terms and Conditions of Sale
    Floor Plans – Once your floor plan has been confirmed and you have signed off on the plan, the floor plan and order is final.  The trailer will be produced using this plan and it will be followed through to completion.  No refunds, discounts or cancellations are applicable past this stage.  Should you wish to make a cancellation of your custom built trailer whilst in production, this will incur a 30% restocking fee as standard.
    Delivery – Please note delivery timeframes vary from order to order, depending on a number of factors including parts and equipment availability from our 3rd party suppliers, weather conditions on the roads, and various other natural disasters and delays that occur from time to time.  Some of our videos mention 30-60 working days, and while this is our target, build time can sometimes be up to 90 days.  This can and will vary; you should not book events, pre-purchase perishable items or quit your existing income until you have received an accurate delivery date from our team and know your trailer is on the way.  Food Trailer King takes no responsibility for any losses incurred due to delays in delivery and reserve the right to vary the estimated delivery date to a date that is reasonably necessary for the supply of goods. Food Trailer King shall not be held liable for any loss or damage, including, but not limited to, any consequential or indirect losses to the customer caused by any variation of the delivery date.
    Force Majeure – No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the Australian Centre for Disease Preparedness as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.
11. Scope of Liability  Food Trailer King will not be held liable for any direct loss or damages, including, but not limited, to consequential and indirect loss and damage of any kind arising out of the supply, design, assembly, installation or use of the goods, except for direct damage to the goods themselves, and the limit of liability of Food Trailer King shall be for the repair or replacement of the damaged goods, at their sole discretion. Subject to any applicable State or Federal Statute to the contrary, Food Trailer King’s loss is limited and does not cover any other damages including any items stored in the trailer.