JUST AUTOS ASSURANCE PLAN
You may not be aware that upgrading your new vehicle with aftermarket components may void your Vehicle Manufacturer’s Warranty. This is especially true with performance-based upgrades.
The Just Autos Assurance Plan provides additional warranty cover to your Vehicle Manufacturer’s Warranty in the event your vehicle suffers failure as a consequence of a Just Autos fitted modification. The Just Autos Assurance Plan comes into effect if a warranty claim is denied by your vehicle manufacturer due to a Just Autos upgrade or product issue. In order to participate in Just Autos free of
charge warranty program (Just Autos Assurance Plan) you must operate, maintain and care for your Vehicle properly, in accordance with the instructions in your vehicle’s Owner’s Manual and Warranty and Service book. The best way to maintain your vehicle is through your Toyota authorised dealer service department by adhering to the vehicle severe service conditions, ensuring that your vehicle is being serviced adequately and will always be fitted with genuine parts for your Vehicle. Doing so keeps your Vehicle in the very best condition. To make a claim under the Just Autos Assurance Plan, contact Just Autos.
You are required to sign a copy of the Customer Declaration to provide your details and acknowledge that you fully understand the terms and conditions of this Warranty. Please retain a copy of this Warranty for your records.
Expenses associated with claims under the Just Autos Warranty Program
In most cases, there will be no charge to you for expenses associated with making a claim under the Just Autos Assurance Plan. If there are circumstances that mean you may need to pay a charge, the charge will be discussed with you in advance.
1.DEFINITIONS
For the purposes of this Warranty the following words have the specific meaning as set out below:
Consequential Loss means any consequential loss or damage that is not directly related to the fitment or Failure of the Performance Package, including but not limited to any loss of business opportunity, hire car or accommodation costs, loss of production; or loss of revenue.
Covered Components means those Vehicle engine components listed in clause 4 of this Warranty.
Customer Declaration means the Customer Declaration completed by you which sets out the particular details of your Warranty.
Exclusions refers to parts or components of the Vehicle that are not covered under the Warranty contract as set out in clause 5 of this Warranty. It also refers to situations or circumstances which will not be covered by this Warranty (also set out in Section 9 of this Warranty).
Failure means the sudden and unforeseen failure of any Covered Component to perform the function for which it was designed but does not include:
*any failure which is caused as a direct result of either fitment or failure of the Performance Package.
* any failure of the Covered Component due to Normal Wear and Tear, normal deterioration, negligence; or
* any failure of Vehicle components/parts that have reached the end of normal working life because of age or usage.
Manufacturer’s Warranty or Vehicle Manufacturer’s Warranty means any new Vehicle warranty provided by the manufacturer of your Vehicle.
Normal Wear & Tear means, in the absolute discretion of Just Autos, the gradual reduction in a component’s operating performance or ability to perform the functions for which it was designed, taking into account the Vehicle’s age and kilometres travelled.
Owner’s Manual and Warranty and Service book means the Vehicle Manual and Warranty and Service book as provided by the Vehicle Manufacturer.
Parties mean we, us, our and you or your.
Performance Package means the performance products fitted by Just Autos.
Toyota authorised dealer means a dealer listed as a Toyota authorised dealer on www.toyota.com.au
Vehicle means the vehicle described in the Customer Declaration.
Vehicle Manufacturer means a business engaged in the business of manufacturing or assembling new motor vehicles, including, for example, Toyota.
Warranty means this Just Autos Assurance Plan warranty document and the Customer Declaration.
Warranty Term means the period of time listed in the Customer Declaration and beginning on the date the Warranty commences as shown on the Customer Declaration.
Warranty Transfer form means a form provided by Just Autos in accordance with clause 7 of this Warranty.
we, us, our means Just Autos.
you, your means the person named in the Customer Contract and Declaration as the purchaser and owner of the vehicle.
2.TERMS AND CONDITIONS
2.1 This Warranty is provided to you by Just Autos as part of the performance upgrade package. The Warranty is not insurance nor is it a substitute for insurance and Just Autos is not acting as an insurer.
2.2 The Warranty is also not associated with Toyota in any way whatsoever, is not an extension of your Manufacturer’s Warranty and is entirely separate to your Manufacturer’s Warranty.
2.3 The commencement date will be the date as shown on the Customer Declaration.
2.4 The Warranty will be at an end on the expiry of the Warranty Term or when the Vehicle has travelled 160,000 km, whichever occurs first.
2.5 We reserve the right to terminate or cancel the Warranty before the expiration of the Warranty with immediate effect if you have breached the terms of this Warranty. 2.6 We will consider you to have a valid claim under this Warranty provided you comply with the terms and conditions set out in this Warranty including, but not limited to, clause 3 ‘Service Requirements’. A valid claim will only be accepted at our absolute discretion.
3.SERVICE REQUIREMENTS
From the commencement of the Warranty, you must comply with the following conditions, any failure to do so will invalidate this Warranty.
3.1 To maintain your Warranty, you are required to service your Vehicle at regular intervals and Vehicles must be serviced in accordance with the Vehicle Manufacturer's directions and recommendations including the severe service conditions. All services and maintenance must be carried out by your Toyota authorised dealer service department. The cost of the service is your responsibility and not payable by this Warranty.
3.2 Please keep a record of your Vehicle’s service history and ensure it shows the date and odometer reading each time your Vehicle is serviced. We require the Vehicle service invoice and history if you claim under this Warranty.
3.3 You must maintain the roadworthiness of your Vehicle.
3.4 Coolants and lubricants must be checked and maintained regularly.
3.5 Tyre pressure must be adequately maintained at all times.
4. COVERED COMPONENTS
Engine Covered Components are expressly limited to the following:
(a) engine block (if damaged by internal components),
(b) balance shaft and balance shaft bearings,
(c) camshafts and camshaft bearings,
(d) internal bushes,
(e) connecting rods,
(f) big end bearings,
(g) crankshaft and crankshaft main bearings,
(h) oil pressure relief valve and oil pump,
(i) cylinder wrist pins,
(j) pistons and piston rings,
(k) gudgeon pins,
(l) crank thrust bearings,
(m) cylinder head,
(n) lash adjusters,
(o) inlet valves,
(p) exhaust valves,
(q) pre-combustion chambers,
(r) valve guides, valve seats, valve springs, valve collets and retainers,
(s) hydraulic lifters, and
(t) rocker shaft only.
For the avoidance of doubt the above list is an exhaustive list, if the component is NOT listed above, it will not be covered by this Warranty.
5. EXCLUSIONS
5.1 Exclusion of Coverage
We will not pay for repair or replacement or any contribution or claim by you in any of the following circumstances:
• Any components not listed in clause 4.
• Accident- Damage attributed to an impact of any kind or road traffic accident (on or off road).
• Commercial use of a Vehicle - i.e. mining, uber or any use for commercial activities whatsoever.
• Consequential Loss - any consequential financial or non-financial loss, damage or liability of any kind incurred because of the incident giving rise to a Claim, except unavoidable mechanical damage caused by the failure of a Covered Component. Any Consequential Loss or damage that is not directly related to the fitment or failure of the Performance Package. Claims relating to consequential loss of any kind. Loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any Consequential Loss (financial or non-financial).
• Continued operation- Any damage or repairs required as a result of continued operation of the Vehicle once a defector fault has occurred (including loss of lubricants and coolant).
• Damage - caused by modifications carried out at a non-Toyota repairer (excluding Just Autos).
• Failures - in non-genuine parts and accessories and damage or failures caused by such failures (excluding any non-genuine parts and accessories supplied and fitted by Just Autos).
• Fluids and lubricants - Any claim caused by the contamination of and/or any failure to maintain proper levels of any fluids or lubricants; and/or any failure caused by the incorrect grade.
• Fuel - Any mechanical breakdown caused by detonation, and/ or failure caused by poor quality fuel, or the incorrect grade of fuel. This includes damage caused by lead replacement and/ or diesel engine low-sulphur fuel and any non-proprietary bio fuels.
• Off-road use where the Vehicle is not designed for that purpose.
• Damage – Damage caused by improper adjustment, repair or tampering by a non-Toyota repairer (excluding Just Autos).
• Defect - Failure or defect arising in any Toyota vehicle, Genuine Part or Accessory caused by fitment of a non-Toyota Genuine Part/ Accessory or faulty workmanship by a non-authorised Toyota service technician is not covered by this warranty (excluding Just Autos).
• Failures – Failures that Just Autos reasonably considers result from your failure to operate, maintain and care for your Toyota properly, in accordance with the instructions in your vehicle’s Owner’s Manual and Warranty and service book (including failure to complete applicable scheduled servicing and maintenance).
• Faults & Recalls – Failure caused by faulty design (common faults) or any expense arising from, or due to, the recall of the Vehicle by the Vehicle Manufacturer. Any Covered Components or parts subject to recall by the Vehicle Manufacturer, component parts or design elements which are found to have been an inherent design fault, including parts subject to an Australian Competition and Consumer Commission (ACCC) recall; a Vehicle Manufacturer recall; or any notice of faults issued by the Vehicle Manufacturer.
• Fire – Repair or replacement for damage caused by fire.
• Failure to follow service servicing requirements as set out in clause 1.
• Maintenance Failure – Failure to maintain Vehicle Manufacturer recommended levels or use of incorrect types and grades of fuel, oil, coolants or lubricants or use of any contaminated fuel, oil, coolants, or lubricants.
• Misuse, neglect, abuse or inappropriate servicing or any repairs required as a result of continued operation of the Motor Vehicle once a defect or fault has occurred.
• Misleading statements - Where claims, declarations or statements made by you are false, inaccurate or misleading, the Warranty ceases to have effect.
• Misuse - Failure to follow or exceed the Vehicle Manufacturer’s operating guidelines.
• Noise - Noisy parts or components, in the absence of their mechanical failure.
• Oil usage - Any claim relating to excessive use and/or burning of oil where no Mechanical Breakdown has occurred and/or incorrect engine oil has been used. No oil consumption claims whatsoever.
• Other incidents - Failure caused by collision or accidental damage, fire, overheating, theft, misuse, neglect, abuse, negligence, personal injury or property damage, rust, corrosion, contamination, flood, submersion, water ingress.
• Overloading - permissible loads are covered in the vehicle Owner’s Manua and are limited to 4.5 tonne GVM & 3.5 tonne towing capacity.
• Pre-existing faults- Claims where the fault, recall and/or defect causing the Mechanical Breakdown was evident prior to the expiry of the Vehicle Manufacturer’s Warranty or prior to the purchase of the Vehicle.
• Racing - Formal or informal competitive events, such as racing.
• Submersion – Vehicle that have been submerged in water.
• Theft – The Warranty does not cover against theft.
• Unauthorised Repairs - Any claims where you have not contact Just Autos prior to the commencement of repairs. Claims for repairs or work conducted without authorisation will be automatically rejected.
• Vehicle Body damage - Scratches or surface rust caused by normal wear and tear, including but not limited to stone or other chips in paint.
• Vehicle Maintenance - Any items that require replacement as part of normal Vehicle maintenance. These include (but are not limited to) spark plugs and leads, glow plugs, belts, timing belt, timing chain maintenance, filters, hoses, brake and clutch linings, brake pads, disc rotors and/or disc or drum machining, injectors, injector pumps, clutches, exhausts, DPFs, seals and gaskets, batteries and globes.
• Water damage - water ingress from floods or deep-water fording.
• Manufacturer’s Warranty – any breach or non-compliance with the terms and conditions under the Manufacturer’s Warranty.
5.2 Further Exclusions:
Damage to the Covered Components because of:
(a) Overheating or failure to properly maintain coolants and lubricants.
(b) Modifications to the Motor Vehicle outside of Just Autos Package recommendations.
(c) Non-manufacturer fitted parts, which have not been fitted to the Australian Design Rules; Not being maintained in accordance with the appropriate service requirements.
(d) Misuse, neglect, abuse or inappropriate servicing or any repairs required as a result of continued operation of the Motor Vehicle once a defect or fault has occurred.
(e) Failure to maintain recommended levels or use of incorrect types and grades of fuel, oil, coolants or lubricants or use of any contaminated fuel, oil, coolants, or lubricants.
(f) Corrosion, rust, fire, illegal use (including damage as a result of the theft of the Motor Vehicle), malicious damage, impact, accident, earthquake, flood or other occurrences of nature, riot or civil commotion, war, terrorism, invasion, strikes or resulting from nuclear fission, fusion or radioactivity.
(g) Deterioration due to Normal Wear and Tear or the gradual reduction in operating performance of the Motor Vehicle or any Covered Component;(refer to the definition of Normal Wear and Tear).
(h) Any pre-existing or known Faults existing prior to the commencement of cover, or which can be reasonably determined to have arisen or occurred during the Manufacturer’s Warranty period for the Motor Vehicle.
(i) Any repairs or mechanical failures where we have not been provided with a reasonable opportunity to assess the damage/fault for the purpose of determining that the repair/replacement was required to remedy a fault or reduce the likelihood of the mechanical failure. (j) Tyres or wheels (unless covered elsewhere in the Product), batteries, mechanical adjustments, exhaust system components, replacement, or other servicing (including items scheduled as routine servicing in accordance with the manufacturer’s logbook recommendations for Your selected Motor Vehicle) which in the judgement of the manufacturer are made or should be made as part of appropriate servicing or maintenance.
(k) Any tapping’s, threads, fixings and/or fastening devices or repairs because of these components not being fitted correctly or in accordance with manufacturer’s logbook recommendations.
6.MAKING A CLAIM
6.1 Contact Just Autos as soon as you discover a fault with your Vehicle. This applies even if your Vehicle is still covered by a Manufacturer’s Warranty. Just Autos will inspect your Vehicle and assess whether the fault is covered by this Warranty or is in fact a fault covered by the Manufacturer’s Warranty.
Just Autos will liaise with your Vehicle’s Manufacturer for repairs (if required).
6.2 If the fault is covered by this Warranty Just Autos will use its best endeavours to undertake the repairs as soon as possible. Just Autos will not however be liable for any loss whatsoever arising out of the loss of use of your Vehicle at any time (before, during or after repairs are being undertaken) or while being transported to or from repairs. Just Autos will not be liable for including, but not limited to, any towing, car hire or other transportation or transportation costs, loss of income, loss of use of your Vehicle, accommodation or any other costs associated with a fault in your Vehicle.
6.3 For clarification purposes, if your Vehicle
has broken down or becomes unsafe to drive due to a failure that is covered by this Warranty during the applicable Just Autos Assurance Plan warranty period, the towing of your Vehicle to Just Autos and a loan car is not covered by the Just Autos Warranty Assurance Plan.
6.4 We will not review any claims under this Warranty made outside of the applicable Just Autos Assurance Plan warranty period.
6.5 You may be required to contribute to the cost of coolants, lubricants and machining.
7. TRANSFER OF OWNERSHIP
7.1 If you sell the Vehicle, we may (in our absolute discretion) allow the transfer of this Warranty to a new owner, provided the transfer occurs within 7 days of the date of sale or transfer of ownership of the Vehicle unless we reasonably consider you have not complied with the terms of this Warranty.
7.2 It is important to follow these steps to successfully transfer the Warranty:
(a) You may only transfer a valid Warranty.
(b) Contact Just Autos and request a copy of and complete the ‘Warranty Transfer form’.
(c) Send the completed ‘Warranty Transfer form’ together with a transfer fee of $199 to Just Autos within 7 days of the date of sale or transfer of ownership. This Warranty is not transferable to another Vehicle.
8. PHOTOS AND VIDEOS
You acknowledge and agree that Just Autos is entitled to take photographic and video recordings of your Vehicle including the works at various, and all stages and completed for marketing and training purposes and for any other commercial reason that the records may be kept as Just Autos records for future reference and use.
9. PRIVACY & PERSONAL INFORMATION
9.1 We agree at all times to comply with the National Privacy Principles as set out in the Privacy Act 1988 (Cth) (Privacy Act) and any other applicable legislation or privacy guidelines.
9.2 Personal information that we collect about you is protected under the Privacy Act and the Australian Privacy Principles. We collect information about you to:
(a) administer and manage the products or services we provide, including responding to your queries and determining, assessing and verifying any claims you may make;
(b) provide you with information about other products or services that may be of benefit to you (unless you tell us that you do not wish us to do so); and
(c) facilitate our internal business operations, including updating internal databases, conducting consumer satisfaction surveys, fulfilling regulatory and legal requirements and system testing. If you do not provide the information sought by us from time to time, it may affect our ability to provide you with, and administer, our products or services. We may disclose your information to our agents, consultants, auditors, contractors, contracted staff or service providers that provide financial, legal, administrative or other services. Personal information is not usually disclosed outside Australia. Our privacy policy contains information about how you can request access to any personal information that we hold about you, and seek correction of any such information. It also contains information about how you can complain about our handling of your personal information, and our complaint handling process. You can access a copy using the contact details at the end of this policy, or at the website: www.justdieselperformance.com.au
9.3 This clause will survive the termination, cancellation or expiry of the Warranty.
10. CANCELLATION BY US
10.1 We may cancel your Warranty by giving you written notice if you have breached any of the terms and conditions of this Warranty, have breached any of the terms and conditions of the Manufacturer’s Warranty, provided a false or misleading statement in relation to this Warranty or the Vehicle, if the Vehicle’s odometer is defective or has been tampered with, if the Vehicle has at any time been used for rallying, racing, competitive driving or tested for such events, or for any other reason available to us at law.
10.2 Vehicles over 20,000 km at the commencement of the Warranty period or that reach 160,000 km will no longer be covered by the Warranty and the Warranty will automatically be cancelled. Just Autos do not need to notify you of the cancellation but any claim under this Warranty will be rejected.
11. OTHER RIGHTS
This Warranty does not limit and may not necessarily exceed your rights under the Australian Consumer Law.
12. ENTIRE AGREEMENT AND UNDERSTANDING
In respect of the subject matter of the Warranty:
(a) the Warranty contains the entire understanding between the Parties;
(b) all previous oral and written communications, representations, warranties or commitments are superseded by the Warranty and do not affect the interpretation or meaning of the Warranty; and
(c) each of the Parties has relied entirely on its own enquiries before entering into the Warranty.
13. GOVERNING LAW AND JURISDICTION
These Warranty terms are governed by the laws of the State of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the state of Queensland.
14. PERIOD OF COVER
This Warranty will commence as from the Commencement Date and will expire on the expiry of any Manufacturer’s Warranty or the expiration of the 160,000 km, whichever comes first.
