Warranty and Consumer Guarantee
Roadside Response provides the following warranty to the original purchaser subject to the terms and conditions stated herein. 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 and for compensation for any other reasonably foreseeable loss or damage. 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.
Battery, Parts And Labour Warranty
Roadside Response only uses approved parts, consumables, and batteries, produced to exacting standards then tested and proven to meet stringent quality control standards. Our parts come with a nationwide application warranty which includes. Batteries supplied and fitted by Roadside Response appointed Service Providers to have the following expressed warranty, which may differ from the manufacture expressed warranty that appears on the product labelling.
- 3 year or 100,000 Km (whichever occurs first) warranty on batteries fitted into Passenger vehicles, including start/stop (for private use only)
- 2 year or 100,000 Km (whichever occurs first) warranty on batteries fitted into 4WD, Truck & Farming applications (private use only)
- 2-year warranty or 100,000 Km (whichever occurs first) on batteries fitted into Marine, Deep Cycle, Motorbike, Mobility, Scooter, and Caravan applications (private use only)
- 12 months or 100,000 Km (whichever occurs first) warranty applies to all batteries installed in applications used for commercial, business, or non-personal purposes (including but not limited to, taxi, courier, trucking & police vehicles)
We provide 3 months warranty on parts and consumables supplied and installed by Roadside Response, including labour provided as part of repairs or Roadside Assistance call out unless the stated manufacture warranty provides for an alternative warranty period.
In instances where a battery was not fitted by a Roadside Response technician (supply only/cash and carry), the manufacturer's stated warranty applies which can be found on the product labelling or website.
This warranty covers batteries and parts that become unusable or unserviceable due to defects in material and/or workmanship or labour provided as part of a Roadside Assistance emergency call-out. The warranty period commences from the date of initial purchase. This warranty covers the battery used in the application for which it was intended and charged with an approved charging profile. Proof of purchase and return of the good(s) in question must accompany any request for a warranty.
This warranty does not apply to batteries that break or fail due to abuse or neglect such as improper installation, re-installation into another application, misapplication, loose wiring, corroded terminal connections, mishandled or dropped batteries, freezing fire, explosion, or un-authorised battery modifications. This warranty does not cover sulphation damage caused by failing to maintain the sufficient charge in batteries for extended periods of time. Batteries must be fully charged after any significant drain and the charge cycle must be completed. As per Australian Consumer Law if the battery usage is not for personal, domestic, or household use, then we will not be responsible or liable for any consequential or incidental expense or loss.
Please be aware that the warranty covers the battery only (product), not our roadside call-out service. Fees may be charged if you require us to come out to you for warranty adjudication.
This warranty is given by Happi Days Pty Ltd (ABN: 62 608 292 299) trading as Roadside Response. Roadside Response Head Office is contactable by phoning 1300 468 931.
WARRANTY CLAIM PROCEDURE
To make a warranty claim, call Roadside Response on 1300 468 931 during office hours. Please note that the claim will not be allowed unless proof of purchase (e.g. invoice) is provided. Roadside Response will not accept any battery for warranty; that has not been properly tested by an authorised Roadside Response technician.
PAY AS YOU GO Roadside Assistance
Roadside Response™ is a leading Independent Roadside Assistance provider with over 20 years of industry experience. We are not affiliated with any other Roadside Assistance Company, Automobile Club or Insurance provider in Australia.
TERMS AND CONDITIONS
Roadside Response will provide any motorist with Emergency Roadside Assistance for the purpose of making your vehicle mobile if it becomes disabled due to a breakdown subject to an upfront credit card payment to cover the cost of the Emergency Roadside Assistance service requested. Emergency Roadside Assistance Services available through our PAY AS YOU GO product include:
- Jumpstart assistance due to a flat or faulty battery
- Supply and fitment of automotive batteries
- Tyre change over service
- Replacement Fuel
- Windscreen Replacement
Booking and Payment
A request for PAY AS YOU GO Emergency Roadside Assistance is deemed to be a booking when either a telephone call or electronic booking has been received via our website and a pre-authorisation payment has been held against a nominated credit card for the value of the quoted service.
Roadside Response requires that all bookings are paid for in full by credit card, debit card, EFT transfer in the event you do not hold a valid membership subscription product with. Roadside Response. We may refuse service if an authorised payment method cannot be established at the time of requesting assistance. We accept the following forms of authorised payment. Surcharges apply as listed.
- Visa/Mastercard 1.5% surcharge
- American Express 3.5% surcharge
- Electronic Funds Transfer
PAY AS YOU GO SERVICE requires upfront payment or all labour and parts associated with a request to provide Emergency Roadside Assistance. This includes any additional Service Providers that may need to attend to your incident.
Once a booking has been made you have 15 minutes from the time of booking to call us and cancel your booking without charge. You will be charged a cancellation fee of $79 and tows from $88 inclusive of GST if you choose to cancel (or fail to notify us of cancellation and our Service Provider has commenced travel to or attends the nominated breakdown address ) once the initial 15 minutes grace period has passed. You will not be entitled to any cancellation refund and will be charged the full quoted fee; if you fail to contact us to advise of the cancellation of service; and our technician arrives at the stated location; ready to provide the requested service.
Service will be provided on private property or on any public road in Australia, provided they are trafficable to normal two-wheel drive vehicles. This excludes areas such as open fields, beaches, creek beds, recreation ovals, bicycle paths, bicycle tracks, logging or forest service roads and roads that do not allow oncoming traffic to safely pass.
Where service is required in large car parks, the driver will be required to meet the Service Provider at a predetermined meeting point.
Availability of Services
The driver or their representative whose identity has been established with Roadside Response must be with the Vehicle or at a pre-determined meeting point when an appointed Roadside Response Service Provider arrives.
Subject to ‘Circumstances outside Roadside Response control’ below, Service is available throughout mainland Australia, Monday to Sunday 7 am to 7 pm unless otherwise agreed. Service will be provided as soon as practicable, but response time is not guaranteed and will vary, depending on the location of the Vehicle and demand for services, amongst other things. Service is not available for vehicles that are in a Place of Repair.
Roadside Response advertised 50 minute response time is based on the average call-out time for jobs completed in metropolitan Sydney during the last full 12 months of trading.
We will provide an estimated ETA at the time of each new booking based on volumetrics, location and Emergency Roadside Assistance required. Roadside Response take no responsibility for a quoted ETA’s which extend beyond the estimated time
Circumstances outside Roadside Response control
Roadside Response or its contracted Service Providers will not be liable for any failure or delay in providing the Service, either in whole or part, where failure or delay arises directly or indirectly out of causes beyond the reasonable control of Roadside Response, including, without limitation; adverse weather conditions, unavailability of materials, parts, qualified personnel, equipment, fuel or the like; failures in telecommunications, satellite and global positioning systems (including loss of coverage in any or all of the Service areas); and otherwise where the relevant Service is not reasonably available.
To the extent permitted by the law, Roadside Response will not be liable to any person for any indirect, special, or consequential loss or damage in connection with the Services, whether in contract, tort (including negligence), statute or otherwise.
End of the Incident
Roadside Response will consider an incident to have ended with respect to providing Service and/or Extended Benefits when:
- The Vehicle is mobilised; or
- A Reasonable Time has been allowed to repair the Vehicle; or
- The Member/driver has reached or been allowed time to reach the agreed destination once it has been agreed that Vehicle Transportation will be provided; or
- The Vehicle cannot be repaired.
Accident and Fire Damage
Emergency Roadside Assistance is not available where a vehicle has been involved in an accident or collision or where the damage caused by the fire has extended beyond the confines of the engine bay of the vehicle.
The method of delivery of Services will be at the sole discretion of Roadside Response, including without limitation regarding the type, method or provider of vehicle transportation provided or paid for.
Where a Vehicle is leaking gas or fuel, Roadside Response may refuse to attend the vehicle unless and until emergency services have attended and deemed the Vehicle and environment safe.
Roadside Response may accept liability for damage to a Vehicle directly caused by Service to it where notice of that damage is given to Roadside Response Head Office within 7 days of service, and Roadside Response is given an opportunity to inspect the vehicle before any repairs are carried out, and considers that the damage was directly caused by negligence on the part of Roadside Response or one of its appointed contractors in providing the service. Roadside Response is under no strict obligation to accept liability.
Notwithstanding the previous paragraph, Roadside Response does not represent that any Vehicle (or any part thereof) to which it provides Service will be, or will remain for any period of time, in working order, and accepts no liability to any person in connection with Services provided to a Vehicle, including in connection with breakdowns, accidents or injuries that may occur, following Service whether in tort (including negligence), contract or otherwise.
Where a Vehicle is deemed by Roadside Response to be in a hazardous location, Roadside Response may dispatch a tow truck to move the vehicle to the nearest safe location. Where, however, the Vehicle is not Towable or is not able to be safely accessed by a standard commercial towing Vehicle, Roadside Response may refuse to provide Service to it.
Parts Used During Emergency Roadside Assistance
Parts provided by the Service Provider may or may not be genuine parts. All parts comply with relevant Australian Standards and regulatory requirements and are fit for purpose.
Service may be refused to a Vehicle if, in the opinion of an attending Service Provider, the Vehicle is unroadworthy.
Emergency Roadside Assistance services will be refused where the vehicle has been stolen or vandalised.
Wait with Vehicle
The driver or an authorised representative must be present with the Vehicle when the Service Provider arrives. Service will not be provided for unattended Vehicles.
The attending Service Provider will require photo identification, such as a current driver’s licence, before providing Service. By accepting a lockout service, you indemnify Roadside Response and its associated Service providers against any liability for damage to the vehicle caused; resulting from an attempt to gain entry to the vehicle to retrieve keys locked inside.
Where available, Roadside Response may fit spare parts to assist in getting your vehicle mobile. Payment for any spare parts must be paid for upfront by the driver using a credit card or other approved payment method. Spare Parts include. Oils, Coolants, Batteries, terminals, leads, keys, remotes, locking barrels, fuel etc.
Towing – General
Towing Service will be provided utilising the most appropriate vehicle reasonably available. In-country areas, in particular, limited types of tow trucks may be available. Towing Service will not be provided for vehicles:
- Which are not Towable.
- Damaged because of fire outside the engine bay.
- Vehicles that have been involved in an Accident or have impact damage.
- Bogged on private property or on a public highway not trafficable to normal two-wheel drive vehicles.
- Requiring special towing equipment such as a power winch or extension cables or for situations where a four-wheel-drive vehicle is required.
- Which cannot be opened or started because keys have been lost or locked in the Vehicle.
- With keyless entry unless the steering is unlocked, and the Member can not provide adequate identification; or
- Containing animals or livestock.
- Which (in Roadside Response’s reasonable opinion) are overloaded or not safely loaded or secure.
- Carrying dangerous goods as defined under the Dangerous Goods Act 1985 (Vic.) including explosive, flammable, combustible, toxic radioactive, corrosive, or other dangerous goods.
Change over a punctured or damaged tyre, providing the driver provides a spare wheel and tyre in a serviceable and roadworthy condition, and of a design and type compatible with the Vehicle. Where the replacement tyre is incompatible, unserviceable, or unroadworthy the Service Provider may, at his or her discretion, fit the tyre for the purpose of temporarily mobilising the Vehicle but only if the driver agrees to sign a release or indemnity in favour of Roadside Response for any injury or damage arising out of the use of the tyre.
Where a suitable replacement tyre is not available, Towing Service will be provided however, additional charges will apply
Note: All calls to Roadside Response are recorded to assist our Response Centre in the professional handling of your Emergency Roadside Assistance incident.
Complimentary Response Care
Offer and Terms and Conditions
Complimentary Response Care Membership is our Complimentary Emergency Roadside Assistance product, available to Roadside Response customers, who purchase an eligible Premium Car Battery via our roadside fitment & delivery service only during the promotional period. The promotional period is from 1st January 2020 to 31st December 2021.
Emergency Roadside Assistance is provided to passenger vehicles used for private use, under 2.5-tonne GVM only and is valid for six (6) months from the date of Battery purchase. This offer is strictly limited to one Complimentary Emergency Roadside Assistance Policy per transaction. The Battery must be purchased at our advertised recommended retail price (RRP). Roadside Response may vary the RRP at any time. No other discounts or cash alternatives will be offered as a substitute for this offer. Roadside Response reserves the right to withdraw this offer at any time.
This offer is not available in conjunction with any other advertised promotions or special price promotions and is not transferable. Roadside Response Fleet Account Customers and Roadside Response subscription members are excluded from participating in this offer
How to register your Complimentary Response Care Membership
Registration of your Complimentary Response Care product must be completed online with 14 days of the Battery purchase by visiting www.roadsideresponse.com.au/membership and entering the promotional code provided to you at the point of purchase by Roadside Response. The normal price of this Roadside Assistance product is $49 and the discount to provide this product free of charge will be applied at online checkout.
Upon successful registration of your product, you will receive a notification via email and/or SMS. A customer seeking Roadside Assistance under this offer, who has not registered their complimentary offer online, may still receive assistance but under our ‘PAY AS YOU GO Emergency Roadside Assistance service.
COMPLIMENTARY RESPONSE CARE TERMS AND CONDITIONS
Your entitlement allows you one (1) Emergency Roadside Assistance service within the Australian Capital Cities of Adelaide, Brisbane, Canberra, Darwin, Hobart, Melbourne, Perth, and Sydney with 6 months of activation of this product. Emergency Roadside Assistance services available under Complimentary Response Care are:
- Emergency Roadside Assistance
We will arrange, where it is possible and safe to do so, the most common breakdown-related problems to be rectified including inflation of a flat tyre, replacement of a flat tyre with the vehicle’s serviceable spare, and jump-starting of a flat battery. Where appropriate, this may also include providing practical tips or advice, on a reasonable endeavour’s basis, in relation to simple vehicle operation, any safety warnings or lights that may appear or practical information regarding the Vehicle upon request.
- Minor Roadside Repairs
We will arrange for minor breakdown-related repairs to be carried out where it is possible and safe to do so at the roadside. However, if major parts or factory diagnostic equipment are required, the vehicle will be transported to the nearest Authorised Service Centre (within the towing limits specified under your program entitlements). The cost of repairs, including labour and any required parts, will be your responsibility.
- Technical Advice
Telephone technical advice will be provided in relation to the vehicle's operation, any safety warnings or lights that may appear, or technical/mechanical information regarding the vehicle
- Battery & Parts Replacement
We will cover the cost of any labour used to facilitate the roadside repair (such as a jumpstart). You are responsible for all parts, consumables, and repair costs in the provision of these Emergency Roadside Assistance services. This may include but is not limited to batteries, hoses, electrical components, fluids, oils, coolants etc.
- Emergency Fuel
If you run out of Fuel, we will arrange for an emergency delivery of Petrol or Diesel Fuel or where government regulations apply, transport your vehicle to the nearest filling station within your towing entitlements. You must pay for the cost of any Fuel supplied in the provision of this service at the local Fuel Service Station rates. A purchase receipt will be provided to you as proof of purchase.
- Flat Tyre
If you have a flat tyre, we will arrange for it to be changed with the vehicle’s serviceable spare wheel or transport the vehicle to an approved tyre outlet. Should additional services be required for any reason, these services would be at the driver’s cost.
- Retrieve Keys Locked inside the Vehicle
As it is not possible to gain entry to most vehicles without a key, if the key has been locked inside the vehicle, we will arrange for a locksmith to attend. You will be responsible for all costs incurred in the provision of this service and the cost of this service will be quoted to you before you decide to accept We will not be responsible for any loss or damage that occurs to the Vehicle as a result of a Locksmith’s service provision. Due to contractor and vehicle limitations, this service may not be available in all cases. A photographic ID will be required to establish ownership of the vehicle.
Where the Vehicle cannot be mobilised on the roadside, we will arrange for your vehicle to be transported to the nearest authorised service repairer of your The included towing allowance is 10 kilometres from the breakdown in any direction. You will be responsible for all towing costs in excess of this 10 KM distance entitlement in line with the attending contractor rate.
- You are entitled to one (1) call out only within your 6 months subscription period. Commencement of the program starts 48 hours after your Complimentary Response Care product has been activated and ceases 6 months after activation or immediately after the redemption of call out service.
- Roadside Response will provide roadside assistance where the vehicle is located on any gazetted public road serviceable by a standard 2 wheel-drive vehicle which is broken down within the metropolitan boundaries of Adelaide, Brisbane, Canberra, Darwin, Hobart, Melbourne, Perth and Sydney only. Emergency Roadside Assistance can be provided if your breakdown occurs outside of the metropolitan boundary of one of these cities but additional charges will apply.
- Your Complimentary Response Care product will automatically expire after 6 months of activation or immediately upon the redemption of your complimentary Emergency Roadside Assistance call out.
- You can choose to subscribe to one of our annual membership programs or continue to use our ‘Pay as You Go Roadside Assistance service by visiting our website or by calling 1300 468931
- Emergency Roadside Assistance service requested within the first 48 hours, or upon the expiry of your complimentary membership, or after the redemption of your complimentary call out, will fall under our ‘pay to use’ response service and requires payment up-front for the service being requested.
This product does not cover vehicles that are:
- older than 12 years of manufacture
- over 3.5T tonne GVM
- with pre-existing mechanical conditions
- not in a roadworthy, well-maintained condition or are unregistered
- not registered on our system at the time of service request
- involved in any way in any form of racing or motorsports
- modified, large or heavy enough to require a specialist or heavy haulage towing provider
- operating as taxis, limousines, rental or hire vehicles or for any other commercial use
- immobile in a workshop while being repaired or undergoing mechanical or electrical repairs at your premises
- located in a restricted access area, private property or is bogged – except where we can enter the premises and you are willing to cover any associated costs
- located in an area that a two-wheel drive recovery vehicle cannot access.
- Not correctly registered for complimentary service
This product does not cover request for service that is the result of:
- failure to use reasonable care
- failure to carry out regular preventative vehicle maintenance or inappropriate maintenance or repair, whether intentional, negligent, or otherwise
- incorrect fuel or contaminated fuel added to the fuel tank
- the owner or driver-related faults
- failure to follow the instructions of the vehicle manufacturer, repairer, or us
- non-genuine, inappropriate, or incorrect fitting of parts or accessories
- accident damage, break-in, or attempted break-in of your vehicle
- breakdowns that are associated with any attached caravan or trailer or their couplings.
We will not provide our Emergency Roadside Assistance service when:
- circumstances are beyond our control — such as extraordinary delays caused by extreme weather conditions, a severe accident, government or state restrictions, or extreme traffic congestion.
- unexpected or disruptive events such as war, strikes, storms, or other acts of God prevent us from assisting you.
Your Responsibilities under this Complimentary Response Care Program
You are responsible for ALL COSTS of parts and any other associated costs (excluding labour), relating to the management and repair of your vehicle after we have provided Emergency Roadside Assistance breakdown service to you. Any additional costs will be advised to you prior to repair and must be paid for upfront by a credit card or electronic funds transfer. Further repairers carried out by your chosen repairer after our Emergency Roadside Assistance Service Provider has attended your vehicle are also your sole responsibility.
We will not be liable for any indirect or consequential loss or damage that arises from providing or failing to provide any of the benefits or services whether arising from negligence or otherwise. We assume no responsibility for any advice or assistance given by any independent service provider for the services rendered hereunder.
Transfer or cancellation of your Roadside Response Assistance – This program is not transferable. If you sell your vehicle no refunds are available from Roadside Response. Roadside Response reserve the right to cancel your complimentary assistance at any time.
Definitions – The following words have these meanings throughout this document.
- “Accident” means a collision between the customer’s vehicle and another vehicle or object or an attempted break-in or theft of the Vehicle.
- “Authorised Repairer” means a motor vehicle dealer or repairer who has been authorised by Roadside Response or the Customer to perform temporary repairs to mobilise the Vehicle after a Breakdown.
- “Breakdown” means a mechanical or electrical failure, which causes the vehicle to be immobilised or renders it unsafe to drive, provided this is not occasioned by attempted theft or Accident related damage. A Breakdown may also mean a driver-related incident including, but not limited to, basic callouts such as a deflated tyre, locked or lost keys, insufficient fuel or a flat battery.
- “Customer” means the driver of a vehicle registered under the Program and authorised to drive the vehicle by the owner and is duly licensed to drive the Vehicle under the relevant provisions, laws, and regulations of Australia.
- “Program” means the program of assistance Services to be provided by Roadside Response and its approved service providers to the Customer as described in this Agreement.
- “Recovery” means the relocation of the Vehicle by a towing operator or Vehicle transport company (road or rail) of the Vehicle back to a Roadside Response authorised service centre, authorised repairer, the owner’s home or intended destination as deemed appropriate by Roadside Response.
- “Service Area” means an area in mainland Australia, Tasmania, Phillip Island and any other area that is trafficable by a two-wheel drive recovery vehicle or an island that is accessible by a two-wheel drive vehicular bridge (excludes ferries).
- “Tow / Transport” means that the vehicle will be towed or transported by the most appropriate equipment available, dependent on the services available, the location of the vehicle and the time that the Breakdown occurs.
- “Vehicle” means any duly registered motor vehicle (excluding Vehicles greater than 3.5 Tonnes GVM, all Taxis, Rental and Hire Vehicles) being used by the Customer and covered under the program, and complying with the relevant provisions, laws and regulations for roadworthiness and use.
- “We” or “Roadside Response” means Happi Days Pty Ltd ABN 62 608 292 299 t/a Roadside Response and includes its officers, employees, agents, and contractors. Website: roadsideresponse.com.au or its employees or contractors.