TERMS AND CONDITIONS

1. General

These Terms and Conditions may be varied by RACQ from time to time and we recommend that you read these Terms and Conditions in full each time you book an RACQ Battery State of Health Check (Battery Check) as they may have changed. By making a booking for a Battery Check you will be bound by the Terms and Conditions at the time of booking a Battery Check .

In these Terms and Conditions, a reference to RACQ is a reference to Automotive Assistance Services Pty Ltd ABN 42 130 999 709 and its related bodies corporate (RACQ Group) and the contractors, agents, officers and employees of any member of the RACQ Group.

2. Battery Check

  • The Battery Check is a diagnostic check using AVILOO Battery Diagnostics tools that will assess the performance and capacity of the battery as compared to its original state based and other comparable vehicles.
  • There may be some vehicles or batteries that we either cannot check, or for which only a limited check can be carried out. We will attempt to advise where this might occur prior to conducting a Battery Check and this will be recorded in the Battery Check Report. If we are unable to conduct a Battery Check or you choose to cancel the Battery Check if we advise that only a limited check can be carried out we will refund the fee paid by you.
  • The Battery Check will not include a road test of the vehicle and will not include an inspection of the battery. It is a check of the battery’s capacity and performance, not an inspection, and will not identify or describe any electrical or mechanical faults in relation to the battery or the vehicle or any defects in, or damage to, the battery or the vehicle.
  • A Battery Check is not a substitute for regular servicing, maintenance or inspection (including as recommended by the manufacturer) of the battery or the vehicle.
  • The results, quality and accuracy of the Battery Check may be affected by factors including conditions at the time of the check, operating conditions, and usage history.

3. The Battery Check Report

  • The Battery Check Report can only describe the capacity and performance of the battery at the time of the check. It does not constitute an inspection of the battery or of any faults, defects or damage that may exist in relation to the battery.
  • The Battery Check Report will rely on certain information obtained from the battery management system as calculated by the manufacturer. RACQ will not be liable for any inaccuracy in, or manipulation of, such information.
  • The Battery Check Report will be subject to tolerances and disclaimers as set out in the Battery Check Report, an example of which is available at [insert url].
  • We will provide the Battery Check Report for your information and guidance. You should appreciate that test outcomes may differ from those that would be obtained from using manufacturers’ diagnostic tools and that the condition of the battery may deteriorate (sometimes rapidly) after conducting the test. No conclusions can be drawn about the future state of health of the battery.
  • The Battery Check Report is not a recommendation to purchase or not purchase the vehicle or to (or not to) repair, replace or continue to use the battery. That decision is yours or the prospective purchaser’s (as the case may be) own to make, having regard to such matters as you or they consider relevant.

4. Exclusions

  • Battery Checks may not be available in all areas.
  • The Battery Check may not check the battery through the full range of operating conditions, therefore some issues which are only evident under certain conditions may not be detectable.
  • Any documents with the vehicle, such as the vehicle service records, vehicle owner’s manual, damage reports and repair records, are not inspected. We do not prepare those documents or verify their accuracy and so will not be making any assessment as to whether their contents are accurate.

5. Risk to Purchaser

  • Due to the limitations on the Battery Check, to purchase a vehicle without a warranty from the seller may expose the purchaser to significant risks.
  • By its nature, a Battery Check can only consider the battery as at the time of the check.

6. Fees and cancellations

  • Fees and charges must be paid by major credit card.
  • We reserve the right to refuse to inspect or report on any battery or vehicle, in which case the fees and charges paid by you will be refunded (except where our representative attends the vehicle location and we refuse to perform the Battery Check due to it being presented at a location or in a condition where it is unsafe to do so.

7. Booking times and Delays

  • We will not be liable for any delay in performing, or any failure to carry out a Battery Check to the extent that such delay or failure results from events or circumstances outside our reasonable control.
  • Depending on location and availability, timeframes may be changed at short notice. RACQ will make reasonable efforts to get in contact with you to inform you of the timeframe change. In the event RACQ cannot get hold of you, we will get in contact with the seller/person on location and organise the Battery Check for an agreed time with them.
  • If a timeframe change cannot be agreed in these circumstances, we will refund any fees and charges paid by you.

8. Complaints

  • In the event of a complaint or dissatisfaction, please contact RACQ Auto on telephone 1300 733 686. Your complaint will be passed on to our Member Relations team. We should be given the opportunity to re-check the battery and may need to do so to deal with the complaint prior to any repairs being performed.

9. Statutory Warranty

  • Our 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 be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

10. Liability

  • Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), imply warranties and conditions or impose obligations which cannot be excluded, restricted or otherwise modified. These Terms and Conditions do not purport to exclude any statutory rights available to you which cannot be excluded and must in all cases be read subject to those statutory provisions. Other than those statutory provisions which cannot be excluded, we exclude all conditions and warranties which may be implied by law and provide no express warranties in relation to the Battery Check.
  • To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to the resupply of services supplied or offered by us or the payment of the cost of having those services re-supplied.
  • Neither party will be liable in any circumstances for any demurrage, loss of use, prospective profits or special, indirect or consequential damages.

To the extent permitted by law, you agree that RACQ’s maximum liability to you (whether in contract, tort, including negligence or statute) is limited to the fees paid by you for the services provided, except in relation to damage to the vehicle being checked to the extent caused or contributed to by RACQ’s negligence or unlawful act.

11. Privacy

  • RACQ collects, holds and discloses your personal information (such as your name, address, email address and vehicle details) in accordance with the RACQ Privacy Policy which is available at: https://www.racq.com.au/privacy
  • If you have any questions or comments regarding your privacy in relation to RACQ, please contact us on 13 19 05 or email us at privacy@racq.com.au. If you wish to make a complaint or otherwise do not agree with a decision made by RACQ in relation to the access or update of your personal information please write to: Privacy Officer, Group Risk & Compliance, PO Box 4 Springwood QLD 4127.

12.General

  • To the extent permitted by law, these Terms and Conditions represent the entire understanding and agreement of the parties in relation to their subject matter.
  • These Terms and Conditions are governed by and must be construed in accordance with the laws of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the laws of Queensland.
  • If the whole or any part of a provision of these Terms and Conditions is or becomes invalid or unenforceable, it is severed to the extent that it is invalid or unenforceable.