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Terms: Scania CV AB (publ), hereinafter referred to as “Scania”, is the owner of this website and, unless otherwise indicated, of all contents contained herein.
By accessing and using this site, you agree to the terms and conditions explained in the following. Note that Scania may at any time and at its own sole discretion change the terms and conditions. Scania therefore recommends you to review them regularly.
These terms and conditions were last reviewed on 2009-07-01.
If any of these terms are found to be unlawful, invalid or void, the validity and the enforceability of the remaining terms shall in no way be affected or impaired thereby.
The contents of this site may be used under the Creative Commons 3.0 license. This means that you may view, copy, print and distribute any document published herein by Scania, provided that it is not for purposes of commercialization of the contents as such, that reference is made to Scania in connection with distribution of documents and that all copyright and other proprietary notices contained in the contents are retained.
No content on this site may be modified, transmitted, licensed, transferred or sold without prior written consent from Scania.
Trade-marks and Copyright
All trademarks, brands, logos, texts, images and software that appear on this site are, unless otherwise indicated, the property of Scania or its subsidiaries, and protected under Intellectual Property Rights laws.
All use of brands, logos, texts, images and software is prohibited, unless permissible already in accordance with the foregoing.
Unauthorized use or distribution of any material from this site may be subject to civil as well as criminal sanctions under the applicable laws. Scania will enforce its Intellectual Property Rights to the fullest extent.
Information on this server is provided "as is" without any warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Scania does not guarantee the accuracy and completeness of the information on this site.
Scania makes no commitment to update the information or materials on this site. Changes may at any time without notice be made to the information and will be incorporated in new editions of this site.
Scania shall in no event be liable for any damages, direct or indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of or inability to use this site or its content whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.
This site may contain links to sites owned by third parties. However, such linking is for the convenience of the visitors and Scania assumes no responsibility for the contents, information accuracy or privacy compliance of the sites concerned.
Scania respects the privacy of individuals and does not collect or manage any personal data unless it has been provided to Scania voluntarily by the individual concerned. Please inform us if you do not want your data to be collected.
Scania complies with national data protection laws that control the use and the collection of data. Your name, e-mail address and postal address may be given to third parties in order to be able to respond to an enquiry. Data will otherwise only be used to follow up sales and product development.
Unless otherwise stated above, no data is sold to or shared with third parties.
CONDITIONS OF SALE
SCANIA AUSTRALIA PTY LTD ACN 000 537 333 (“SCANIA”). (GENERAL TERMS)
These terms and conditions , as varied from time to time,(“The General Terms”) apply to all goods and services sold or provided by Scania. The Schedules, if any, to this Agreement contain additional or modified terms that will apply to some transactions. For example, if the transaction is a sale of a vehicle the additional terms in Schedule 1 will apply. If the goods and services are provided on credit, the additional terms in Schedule 2 will apply. Subject to these terms, these terms constitute the entire agreement and to the extent permitted by law all other representations oral or in writing are excluded.
“Purchase Price” means the total gross Purchase Price set out on the face of the Sales Order or if the context requires as varied under these terms.
“Sales Order” is the order in printed or electronic form listing the Goods and/or Services to which these terms and conditions apply. “Scania” means Scania Australia Pty Limited ACN 000 537 333
“Services” includes all services, repairs, maintenance, modifications and labour provided or contracted to be provided by or on behalf of Scania and listed on the Sales Order.
1.1. In these terms and conditions, unless the context otherwise requires:
“Customer” means the person/s named in the Sales Order;
“Goods” means the goods sold or supplied by Scania and listed on the Sales Order, whether or not owned by Scania at the time of sale;
“Manufacturer” means Scania AB (publ) 556184–8564, a Swedish corporation;
“The Customer’s Address” means the address set out as the postal address in the Sales Order.
1.2. Nothing in these Terms & Conditions of Trading limits or modifies any statutory guarantees or warranties that may apply pursuant to the Competition and Consumer Act 2010 (Cth) or similar applicable legislation.
1.3. Where there is more than one Customer, they agree to be jointly and severally bound by this Agreement.
2. Formation of Contract
2.1. Upon Scania accepting the Sales Order the parties enter into a contract for sale of Goods and/or Services upon these terms (“the Agreement”).
2.2. The Agreement is not binding on Scania until the earlier of :
2.2.1. delivery of the Goods; or
2.2.2. after ten days of the acceptance of the Order by Scania
2.2.3. Despite anything contained in 2(b) Schedule 1 the Agreement is not binding on Scania, if before the period specified in 2(b) Schedule 1, Scania notifies the Customer that it is unable or unwilling to deliver the Goods to the Customer.
2.2.4. If the Sales Order is not binding on Scania, Scania will repay any Deposit received from the Customer less any expenses incurred by Scania in relation to the Sale up to and including the date of notification under clause 2(c) Schedule 1.
3. Delays in Delivery
3.1. The delivery date, if any, set out in the Sales Order (“the estimated date for delivery”) is an estimate only and the Customer agrees that Scania will not be liable to the Customer for damages for delays in delivery of the Goods.
3.2. Scania shall make every reasonable effort to make the Goods available for delivery on or before the delivery date stated in this Agreement.
3.3. The Customer shall take delivery of the Goods within 7 days of being notified by Scania that the Goods are ready for delivery. If the Customer fails to take delivery within this time Scania may terminate the agreement by notice in writing.
3.4. This Sales Order may be cancelled by Scania under clause 2 of the Agreement.
4. Changes to Goods
4.1. The Goods are described in a general way only and may incorporate such structural design and mechanical modifications as are from time to time made by manufacturers in accordance with their policies of modifying their products or as are made to comply with legal requirements or to meet applicable Design Rules or standards.
5. Warranties, Manufacturer’s Warranty, Exclusion of Implied Warranties.
5.1. If applicable to the Goods the Scania “Terms of Warranty and Company Liability” published by the Manufacturer apply to this Sales Order.
6. Repairs and Spare Parts
6.1. The Customer acknowledges being informed that (except for causes beyond Scania’s reasonable control, including but not limited to: industrial dispute, Acts of God, or breakdown of plant):
6.1.1. repair facilities for the Goods manufactured by the Manufacturer are available during normal working hours.
6.1.2. spare parts for the Goods manufactured by the Manufacturer shall be available for a period of 10 years after the date of production of products of the same description and type as the Goods ceases; and
6.1.3. Scania does not warrant the availability of suitable facilities for the repair of the Goods, not manufactured by the Manufacturer.
7. Agreement by the Customer
7.1. The Customer agrees that:
7.1.1. it will not assign its interest in the Agreement without the prior written consent of Scania;
7.1.2. it will pay all charges as invoiced pursuant to the Agreement upon the payment terms set out in this Agreement; and
7.1.3. it will pay all reasonable expenses, including legal fees, removal fees and repair fees incurred by Scania in enforcing the Agreement.
8.1. The Customer agrees to pay for Goods sold or Services provided by Scania to the Customer
8.2. Unless the Customer has a credit account with Scania payment for Goods or Services must be made prior to delivery of any Goods or the provision of any Services. Payment shall be without retention or deduction. Time is of the essence in respect of this obligation.SCANIA AUSTRALIA AFTER SALES TERMS & CONDITIONS
Scania Genuine Parts Terms and Conditions
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Subject to any such non-excludable rights and this express Warranty, all other terms, warranties, conditions, representations and undertakings (express or implied) which may lawfully be negated, excluded, modified, limited or restricted from and in relation to the sale of your Scania part/s are hereby to the extent permitted by law (but not otherwise) negated, excluded, modified, and restricted and the Company’s liability shall, whenever permitted by law, be limited to the repair or replacement of any defective or faulty part or the payment of the cost of any such repair or replacement as the Company in its sole discretion determines to be appropriate. Scania Australia Pty Ltd (the Company) warrants that each new Scania Spare Part sold by it or any of its Branches or Authorised Distributors/Dealers to be free from defects in material and workmanship under normal use and service, its obligation under this warranty being limited to repairing or replacing, as hereinafter provided, at its option, at the Company’s Branch or Authorised Distributors/Dealers discretion any part or parts found to the Company’s satisfaction to be defective upon examination by it.
Fixed Price Repairs Terms and Conditions
1. Scania Australia standard terms and conditions of sale apply. These are available online at www.wellness54.com.au 2. Applies to Retail sales only. 3. Available at participating branches and dealers only. 4. Fixed prices include inspection, diagnosis, verbal assessment, Scania approved parts, labour and consumables. 5. All prices include GST. 6. The published prices apply to the job shown (part numbers & RTS codes) and do not apply to other similar products available from Scania. 7. The Fixed Price Repair special offer pricing cannot be used in conjunction with any other discount or promotion. 8. Fixed Price Repair pricing is part of a promotional offer, which can be withdrawn at any time. In the event Scania Australia chooses to withdraw the promotion, then notice will be issued via the website: www.wellness54.com.au . This would not affect any pre-existing or accepted work agreed to by Scania Australia for the duration of the promotion.?9. Scania Australia may in the future alter any terms of this promotion without notice and in the event Scania Australia chooses to alter the terms of this promotion, then notice will be?issued via the website: www.wellness54.com.au. This would not affect any pre-existing or accepted work agreed to by Scania Australia for the duration of the promotion. 10. All prices assume presentation of the vehicle, by the customer, to the repairing workshop. 11. Additional breakdown related charges will apply if the vehicle has suffered an involuntary stop at the roadside.
12. The Fixed Price Repairs published are created using Scania’s standard times based on standard Scania vehicle specifications and do not include any additional labour required for the removal of catwalks, ancillary equipment, bodywork, superstructures or any non-standard equipment tted to the vehicle. Additional time required to complete the job in respect of these items will be agreed with the customer prior to any work being carried out. 13. Mineral oils are used in all circumstances. Fixed Price Repairs do not include semi synthetic or fully synthetic oils. If these oils are required the difference in price between mineral oil and the semi synthetic or fully synthetic oils will be charged. 14. All information is believed to be correct at the time of going to press, however, Scania reserve the right to introduce at any time modifications of changes to the jobs and or programme as part of a policy of continuous improvement.
Warranty Claims Terms and Conditions
To make a claim under this warranty:
1. Return the vehicle to a company-owned Scania branch or authorised dealer. 2. Provide details of the warranty (including the invoice for work completed) when delivering your vehicle to the company-owned Scania branch or authorised dealer and ask the service personnel to lodge a claim on your behalf. 3. Complete a claim form if requested. Other documentation such as proof of servicing, invoices etc. may also be required. We will ask for this documentation if we decide that it is required. 4. When travelling away from home, in the event that your vehicle requires emergency repair work and you are unable to deliver your vehicle to a company-owned Scania branch or authorised Scania dealer please contact Scania Assistance on 1300 722 642. Towing, overtime and roadside assistance costs are not covered on any warranty claims.
For more information relating to the terms and conditions relating to warranty claims please contact: Scania Australia Pty Ltd. 212-216 Northbourne Rd, Campbell eld VIC 3061
Service Exchange Terms and Conditions
Refundable core fees will be charged at the time of product purchase and will show as a separate line item on your invoice. Core fee credit will be applied to the customer account or invoice when cores are received subject to the following conditions: Cores must be complete, fully assembled, drained of fluids and in rebuildable condition and chassis number and mileage information must also be provided. Burnt products or any cores that are broken damaged or destroyed by incorrect use, dismantling, handling or transportation will not?be accepted.?