We guarantee that all goods and services supplied by us (‘Goods or Services’) will be free from defects for the applicable guarantee period. If a defect is identified in any Good or Service during the applicable guarantee period, we will correct, repair or replace the defective Goods or Service.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. The Midas Guarantee is provided in addition to other rights and remedies that are provided by law, including under the Australian Consumer Law.
If you acquire Goods or Services from a Midas centre the Midas Guarantee will automatically apply to the Goods or Services acquired. You must retain a copy of your invoice or proof of original purchase for the applicable Goods or Services, as you will need to present this if you need to make a claim under the Midas Guarantee.
Details of the Midas Guarantee
The Midas Guarantee is provided by the party from which you acquired the Goods and Services (being either Midas Australia Pty Ltd or the franchisee for the applicable Midas centre) (we or us). Our full details (name, address, telephone and email) are provided on the front of this invoice.
The Midas Guarantee is provided to customers who acquire Goods or Services from Midas centres; and applies from the date of acquisition of the Goods or Services until the sooner of (a) 6 months after the date of acquisition of the applicable Goods or Services; and (b) the date on which the applicable vehicle incorporating the Goods or Service has travelled 10,000km since the Goods or Services were acquired (‘the Guarantee Period’); The Midas Guarantee will only apply to defects that arise, and are notified to us, during the Guarantee Period.
Subject to any applicable laws, you will be responsible for any expenses we incur (other than the costs of remedying the defect subject to the Midas Guarantee) in connection with your claim under the Midas Guarantee.
The Midas Guarantee will not apply to Excluded Defects. Excluded Defects means any defects arising as a consequence of: (1) damage to the Goods or Services caused: (a) by accident, fire or theft; (b) as a result of towing; (c) by misuse of the vehicle or where the vehicle is used in a competition or a closed circuit event; or (d) by continuing to operate the vehicle after a defect is known; (2) where there have been any alterations to, modifications to or removal of any products from the vehicle by anyone not authorised by us; (3) where work has been done to the vehicle by a third party after the acquisition of the goods/services subject to the Midas Guarantee, unless such work was expressly authorised by us; (4) where the vehicle is damaged by causes beyond our control; (5) where goods or services are supplied by a party other than a Midas centre; and (6) damage caused by fair wear and tear.
The Midas Guarantee only applies to the direct costs of remedying a defect. To the greatest extent permitted by law, we have no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the Goods or Services.
How to claim under the Midas Guarantee
We assess any claim under the Midas Guarantee. We may, at our discretion, authorise work to be performed elsewhere, when it is impractical to have the work performed by us. However, if you believe that a Good or Services that you have acquired has a defect covered by the Midas Guarantee, you should contact the store who performed the work, in the first instance.
When you contact us, you will be required to provide your invoice or proof of original purchase. The Midas Guarantee only applies to the original purchaser of the Goods or Services. If the Midas Guarantee is deemed to apply, we will discuss how the defect in the Goods or Services will be addressed.
Some manufacturers may provide warranties for Goods or Services beyond the Guarantee Period. Ask in store for details of any applicable extended warranty.
The Midas Guarantee may only be amended by us. Any paragraph in this guarantee which is unenforceable or void it to be severed from the guarantee and the rest of the Midas Guarantee will remain in force.
Questions or queries
If you have any question in relation to the Midas Guarantee please contact Midas on (03) 8878 1111 or email: firstname.lastname@example.org.