Formation of agreement
1. These Terms and Conditions govern the purchase of goods and services by RAC Motoring Pty Ltd (ABN33 009 292 228) trading as RAC Tyres of 832 Wellington Street, West Perth, WA 6005 (RAC/our/we/us) ordered online through a dedicated RAC website (Website).
2. The goods or tyres will be supplied and services will be performed at a location of your choice (Customer Service Site) by a mobile tyre service (RAC Mobile Tyre Service).
Goods and Services
3. Goods comprise of brand new tyres.
4. Services comprise of performance of:
- wheel fitment;
- balancing;
- alignment; and
- puncture repair.
Online Bookings
5. You may make an online booking for tyres and Services through the Website (Booking).
6. Bookings include those made directly by you through the Website and those made with assistance of RAC on your instructions.
7. By making a Booking you:
- acknowledge that your Booking is governed by these Terms and Conditions;
- acknowledge that your Booking is treated as an express intention to purchase the nominated tyres and/or Services for the agreed online price, which may include a callout fee for any RAC Mobile Tyre Service (Price); and
- agree to ensure the Customer Service Site is accessible in accordance with advice advertised on the Website and that you will be available at the Customer Service Site at the specified Booking time to provide RAC with access to your vehicle.
8. We reserve the right to amend a Booking after a full assessment of your vehicle If we need to amend a Booking, we will obtain your consent before commencing any work.
9. We will carry out the Services specified in your Booking.
10. If, during the performance of the Services, we discover that additional Services and/or tyres or parts are required (Additional Work):
- we will notify you of the Additional Work required; and
- you may elect to have all or part of the Additional Work performed.
11. RAC reserves the right to refuse to perform the Services and/or Additional Work for any reason.
12. RAC may elect in its absolute discretion, not to carry out the Services at the location requested in the Booking or ask you to move your vehicle to an alternative location.
13. We reserve our rights not to repair the puncture if our mobile technician recommendations was not to proceed with it.
14. We will notify you of any special conditions that apply to your Booking in addition to these Terms and Conditions.
Amending your Booking
15. You may reschedule the time, date or location of a Booking through the Website subject to lead times.
16. You may reschedule the time, date or location of a Booking and in addition you may modify the Services included in the Booking by calling RAC on 1300 651 042 subject to lead times.
Accuracy of information
17. Care has been taken to ensure that the information on the Website is accurate. We do not, however, promise or represent that it is accurate or free from errors or omissions and we reserve the right to make any necessary corrections. You should enquire with us directly to ensure the accuracy and currency of any material you seek to rely upon.
Price
18. The Price specified in a Booking includes GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
19. We reserve the right to alter the agreed Price if an incorrect Price was caused by a software fault, error or malicious attack.
20. If tyres are included in a Booking, the Price includes the supply of the tyres, fitment, balancing and the cost of disposal of any tyre replaced by a tyre supplied by us.
21. The Price specified in a Booking does not include alignment of wheels unless the alignment of wheels is identified as an additional item within the Booking.
22. If Puncture repair was selected as a stand-alone service, a mobile service call-out fee of $60 will be applied to the order.
23. If we couldn’t repair the puncture, only puncture repair fee will be refunded. Call-out fee will not be refunded.
Payment
24. Subject to clause 22, you must pay for tyres, Services and any callout fee in respect of RAC Mobile Tyre Services up-front and in full on the Website when you make a Booking.
25. If RAC assists you to create a Booking during a Roadside Assistance callout you must pay for tyres, Services and any callout fee in respect of RAC Mobile Tyre Services up-front and in full on the Website when you make the Booking, unless RAC (in its absolute discretion) permits you to pay for the tyres, Services or any callout fee in respect of RAC Mobile Tyre Services at the time the Services are scheduled to be performed.
26. No surcharges apply to payments made by credit card on the Website.
Refunds and Cancellations
27. You may cancel your Booking at any time through the Website or by calling us on 1300 651 042.
28. If you cancel your Booking in accordance with clause 24, we will refund any payment received by you to the same credit card used for payment.
Lien over vehicle
29. You acknowledge and agree that we may, in our absolute discretion, exercise a lien over your vehicle and wheel until all monies due and payable to us are paid.
Third party websites
30. The Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, RAC does not control, endorse, sponsor or approve any such third party websites or their content nor does RAC provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
Australian Consumer Laws Warranties
31. 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.
Extended Services and Tyres warranty
32. In addition to the rights you have under the Australian Consumer Law, we offer the following extended warranty in relation to the tyres sold by RAC and Services performed pursuant to a Booking:
- up to 5 year warranty for a defect in the manufacture of a tyre; or
- a 6 months or 10,000km warranty (whichever occurs first) for fitment of tyres and/or wheel alignment, (collectively, Extended Services and Tyres Warranty).
33. The Extended Services and Tyres Warranty starts on the date we first perform the Services.
34. The Extended Services and Tyres Warranty is personal to you. It is not transferrable or assignable.
35. The Extended Services and Tyres Warranty does not apply to:
- your failure to properly maintain and use or operate a tyre or the vehicle the tyres are fitted to in accordance with the manufacturer's recommendations;
- your failure to carry out any repairs recommended by RAC, either verbally or in writing;
- repairs improperly performed or parts improperly installed by any person other than RAC or a Service Centre listed on the Website; and
- deterioration of a tyre due to fair wear and tear or any environmental conditions such as salt, hail, windstorm, lightning or flood.
Warranty claim procedure
36. To make a warranty claim, call us on 1300 651 042 or write to us at 38 Collier Pass, Joondalup, WA 6027. You may need to take your vehicle or your defective tyre, as applicable, to one of the Service Centres.
37. You are responsible for any reasonably foreseeable expenses you incur in making a warranty claim.
38. If you are not a member of The Royal Automobile Club of WA (Inc) at the time the warranty claim is made, a service fee may be charged if roadside assistance is provided (other than in relation to your RAC purchased tyre).
39. A warranty claim will not be honoured unless you provide proof of purchase (e.g. invoice).
Limitation of Liability
40. To the maximum extent permitted by law and subject always to the Australian Consumer Law, RAC: (a) limits its liability for a breach of these Terms and Conditions, at its election, to the re-performance of the Services and/or re-supply of the tyres or the cost of having the Services re-performed and/or the tyres re-supplied by a third party; and (b) excludes liability for any loss of profit, loss of revenue, loss of data and loss of goodwill.
Privacy
41. We collect your personal information to provide you with the Services and to enable you to make online bookings. We may have to disclose your personal information to third parties who assist with the provision of the Services. If you don’t provide the information requested, we may not be able to sell or repair your tyres and provide the Services. You may request to access the information collected by contacting us on 1300 651 042. To read our privacy policy please visit www.rac.com.au/privacy. If you do not wish to receive marketing communications from us, or our related bodies corporate or third parties, please contact us at RAC, GPO Box C140, Perth WA 6839 and include your name and address and we will not send you any further marketing communications.
General
42. We may subcontract some or all of the Services.
43. The laws of Western Australia govern these Terms and Conditions.
44. If you have a complaint in respect of any Goods or Services please contact us on 1300 651 042. We should be given the opportunity to inspect your vehicle or your tyre, as applicable, and may need to do so to deal with your complaint.
45. A term or part of a term contained in these Terms and Conditions that is illegal or unenforceable may be severed from the terms and the remaining terms or parts of the terms continue in force.
46. Any notice required to be served on a party may be served personally, sent by email or letter addressed to that party at the party’s address specified on the Booking.
