Roadside Tow Assist Terms and Conditions
Ultra Roadside TOW ASSIST (PopUp – 26th Oct 2016)
WHAT IS INCLUDED IN THE SERVICE?
In the event of a breakdown on the road or at home where the Vehicle cannot be driven Ultra Tune Roadside Assistance will perform one of the services listed below that it deems, at its sole discretion, to be necessary:
- Technical Assistance: may be given on the phone in an endeavour to help diagnose the problem that may help you to get the Vehicle running or;
- Towing: In the event of a breakdown on the road or at home where the Vehicle cannot be driven, the Vehicle will be towed to the ISSUING Ultra Tune Auto Service Centre or other authorised AP Fleet repairer within the Service Limits. We will pay for the towing in Australia within the Service Limits. You must pay for the costs of towing outside the Service Limits. In any instance following Vehicle recovery where the member or the driver requests the Vehicle to be placed in storage, all costs associated with the storage and subsequent towing will be at the your expense.
We will not tow your Vehicle if it has been in an accident, has impact damage or if mechanical failure has caused panel damage or impact damage, or where damage is as a result from any wilful or malicious act/s, or where any damage was caused as a result of Vehicle theft or attempted theft.
We will not tow your Vehicle if it is not, at our sole discretion, reasonably accessible and readily trafficable by a standard two wheel drive tow vehicle fitted with standard towing equipment (e.g. low roof car park, at the back of a building, etc), or where it is loaded beyond it’s legal limit, or where it is considered not otherwise safe to move or transport. Towing will be provided to your Vehicle provided standard towing equipment can be used and any surcharges re use of special equipment such as go jacks / jinkers / winches and/or use of heavy capacity towing equipment, will be at driver’s expense. Transport of passengers is not covered under this product. However we can assist you to arrange a taxi at the driver’s expense.
- Flat Battery: Where our consultants determine your Vehicle has a flat battery, where appropriate we will try to start it using surge protected jumper leads or, if we ascertain that the battery ran flat as a result of some other primary cause, eg. Failed charging system or other electrical or starter fault, the Vehicle will be towed to the ISSUING Ultra Tune Auto Service Centre or other authorised AP Fleet repairer at AP Fleet’s discretion within the Service Limits. If the battery needs to be replaced, then at the member’s request and expense we will assist you to arrange for a mobile battery replacement service where available. Where we have attended to or attempted to jump start the engine and subsequently (say in the instance the engine is unable to start by jump starting or the engine fails to re-start sometime later,) any request by the member that we arrange to tow the vehicle to a repair station will be at the member’s expense. Following a successful jump start and we highly recommend you drive straight to your local Ultra Tune store in order for them to check the battery and the charging system- it is highly likely the battery will require re-charging by an external automotive charger so as to restore the battery to it full charge potential. Note: Your vehicle’s alternator may not be able to fully charge an excessively discharged (flat) battery, even after extended driving.
- Out of Fuel: If (within the Service Limits) your Vehicle runs out of fuel, up to $12.50 worth of fuel will be supplied at the roadside. Where this is not possible for any safety related or any other reason, (eg. LPG fuelled Vehicle, or where packaged petrol or diesel is not physically available at roadside,) the Vehicle will be towed to the nearest fuel outlet within the Service Limits and any fuel purchased will be at the member’s expense.
- Tyre Change Assistance:
- If (within the Service Limits) your Vehicle has a flat tyre and you require assistance, we will arrange to change your flat tyre and replace it with the spare tyre supplied with your Vehicle. We can assist you to change the tyre providing the correct, serviceable and inflated spare tyre is available in the Vehicle and that the Vehicle’s own serviceable jack, wheel brace/tools and any wheel lock key, are readily accessible within the vehicle for use by the contractor.
- If we cannot change the tyre for any reason, eg. Deflated spare tyre, missing locknut key, faulty wheel studs & nuts, faulty or missing tyre changing equipment, Vehicle in unsafe position, angle or on unstable terrain a tow will be provided to the nearest tyre repairer at your expense. Where a tyre/wheel assembly is deemed too heavy for one person to lift/manoeuvre and where the assistance of a second contractor is required, this will be done at the driver’s expense.
- Lockouts: (Fee for Service Provision) If you have locked your keys within your vehicle or lost your keys, then subject to satisfactory proof of driver identification and with the Vehicle owner’s authority we can refer a service provider to assist entry to the vehicle or a taxi to fetch a spare key. You will pay for the entire cost of us providing this service for you.
- Attempting to gain entry to your vehicle by any other means other than a key or keyless transponder can result in damage to your vehicle. Ultra Tune Roadside Assistance and its contractors will not accept liability for any damage caused as a result of gaining entry or attempting to gain entry to your vehicle.
This roadside policy is limited to up to one (1) call-out in total within the 12 month term of this policy. A call-out is a response to a request for assistance where a service vehicle has been dispatched. Ultra Tune roadside Assistance on behalf of the ISSUING Ultra Tune Service Centre will provide you with one (1) call-out in total limited to a tow for a breakdown related circumstance. Once the limit of call-outs for breakdown assistance is used up, the policy is deemed to be expired.
Where your Vehicle has been delivered to the requested delivery point or alternatively where the vehicle has been delivered to an alternate destination or place of storage (e.g. during after-hours or vehicle is situated outside of the Service Limits, etc.,) the call out is deemed to have been completed and any request for a second tow to an alternate repairer or other location is not covered within the terms and conditions of this policy; in this instance at the member’s request and expense, we will assist you to arrange a re-tow of the Vehicle.
- This service is for Australian residents or Australian Registered businesses only.
- This Ultra Roadside TOW Assist policy only becomes valid if Roadside TOW Assist is named on your Ultra Tune provided Tax Invoice,
- Only the Vehicle with the registration number shown on the Tax Invoice will receive the service offered.
- This policy will expire after 12 months of issue as of the date on the Tax Invoice.
- This Roadside TOW ASSIST service is provided to a Qualifying Customer for FREE and purely as a gesture of Good Will on the part of the issuing Ultra Tune Auto Service Centre (Store).
- For the purposes of this TOW ASSIST policy, the Qualifying Customer’s Vehicle must, at the time this policy takes effect, be less than 16 years old (as determined by vehicle build date) and travelled less than 275,000 km. (The issuing Ultra Tune store may offer this TOW ASSIST policy to older vehicles or higher km vehicles at their sole discretion.)
- This TOW Assist policy is provided to you at the sole discretion of the issuing Ultra Tune store in accordance with the Vehicle Acceptance criteria outlined herein. The Ultra Tune store is not obliged to provide this roadside policy to you where, at their sole discretion, the Vehicle is deemed for one or more reasons to be mechanically and/or electrically unsound or is deemed not to be in a fully roadworthy condition.
- We will only accept a road registered Vehicle of not more than 2.5 tonne gross mass weight and not more than 5.5 metres in length.
- This Roadside policy is reserved for Vehicles that are primarily used for social and private purposes, not used for regular commercial & business related purposes, not used for hire or reward, not used in any form of motor sport or competition or trial of any form.
- This policy is not valid for any Vehicles under fleet/lease management control or for transactions where payment is processed via fleet ChargeCard procedures.
- Your roadside policy document/invoice should be kept in your glove box and presented to the roadside contractor at the time of a call-out. If you cannot verify to us the policy is valid and if our records do not show your vehicle as being current in our data base, then we will provide the service at your cost and will provide a refund (within the Service Limits) for any costs once it is established the policy is indeed valid, current, and has not previously used up all allotted callouts available on the policy.
- Roadside Assistance services will only commence three (3) business days after the commence date of the policy, (the Application Period.) Service and benefits are not available for any incident, which occurred prior to joining or occur during the Application Period. Ultra Tune reserves the right to reject any policy at its sole discretion.
- This policy may be terminated sooner than the stated expiry date at the sole discretion of Ultra Tune Roadside Assistance and/or the issuing Ultra Tune Service Centre. Where the policy is terminated earlier then the expiry date, Ultra Tune Roadside Assistance or the issuing Ultra Tune Service Centre will notify the vehicle owner in writing and will take effect within 48 hours of being posted to the customer’s address as listed in that Ultra Tune Centre’s customer data base.
- In the event of you disposing of and replacing the Vehicle within the 12 month policy period, this policy will be deemed to have expired.
- We cannot provide this service if the Vehicle is unattended.
- Our employees and contractors will use reasonable skill and care when providing the service.
- We will not be liable for any direct, indirect or consequential losses (including loss of profit) incurred by you as a result of:
- i) Our acts or omissions
- ii) The acts or omissions of our agents or contractors acting on our behalf.
- We do not guarantee to carry out our services in whole, or in part, if we are prevented from doing so due to any circumstances beyond our reasonable control including, without limitation; the activities of civil or government authorities; industrial disputes; act/s of terrorism, civil unrest and/or protests, acts of God; severe weather conditions, bush fire event, road closures and road blockages.
- We do not guarantee that delays will not occur from time to time for a variety of reasons including severe weather conditions, general & unexpected traffic congestion and/or where contractors are engaged in other roadside recovery activities or attending to car accident/s.
- Some modified vehicles, eg lowered, flared guards, scoops & various body accessories, etc., may hinder/prevent loading the vehicle on to a standard recovery vehicle- The driver will bear the costs associated with such callout where for any reason the recovery vehicle is unable to load the immobilised vehicle and also the driver will bear the costs for any subsequent specialised recovery vehicle and/or equipment to attend.
- This policy is designed specifically to provide emergency roadside assistance for vehicles that incur an unforseen breakdown but are otherwise mechanically sound, regularly serviced (within service period) and kept in a roadworthy condition in every respect. Where the vehicle in question is deemed (at the sole discretion of the roadside contractor and/or Ultra Tune Roadside Assistance and/or it agents) not to be in sound mechanical condition and/or is considered un-roadworthy then roadside services to the vehicle may either be suspended until such mechanical deficiencies are rectified or, the policy may be terminated altogether. No refund or reimbursement will be provided in these circumstances.
- In the event of a call to us for roadside assistance, and where is it deemed (at the sole discretion of the contractor or Ultra Tune Roadside Assistance) that the cause of a roadside callout relates to a lack of timely maintenance and/or an un-roadworthiness related issue and/or where the fault could have been reasonably attended to and prevented by timely action prior to breakdown, the callout will be provided at the cost of the driver,
- This Roadside TOW ASSIST service is expressly limited to vehicle breakdown situations as described in this document. Where the vehicle needs to be towed for reasons other then described in this document including for convenience, we will assist you to arrange a tow for your vehicle at your expense.
- This policy does not cover towing or recovery of any trailer or caravan. However, we will assist you to arrange towing or recovery for a trailer or caravan at your expense.
- We have the right to refuse to provide this service if anyone using the service behaves in a threatening or abusive way to our staff or contractors.
- We may take legal action against anyone who uses our services dishonestly.
- To ensure the quality of our services your telephone calls to and from us may be monitored and recorded.
- We will not be liable in any circumstances for any infringement howsoever caused to any manufacturer’s or dealer’s warranty as a result of any services supplied.
- Each provision in this document may be separated from each other provision. If at any time any provision is or becomes invalid, illegal or unenforceable, this will not affect any of its other provisions.
- If we delay or fail to rely on any right under this agreement we may rely on that right later. The law of VICTORIA will apply to this contract. You and Ultra Tuner Roadside Assistance Pty Ltd submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
This FREE Roadside TOW ASSIST service does not include:
- Any servicing or repairs to your Vehicle;
- The cost of ferry crossings and road toll charges;
- The cost of towing/vehicle recovery where tow/vehicle recovery is not the result of a vehicle breakdown situation as described in this document.
- Any Vehicle lock-out or lost key situation. (We will assist you to obtain this service, where available, at your expense.)
- Any Vehicle storage charges incurred when you are using our services; this includes any instance where the proposed tow destination is found to be closed, eg after-hours, during weekend.
- Labour or parts provided at any service centre to which the Vehicle is taken;
- A callout to attend or tow a vehicle at any location, including at home or on the road or at any mechanical workshop, where the vehicle is immobile and undergoing or awaiting repairs of any type.
- Towing or recovery service following any incident normally covered by a policy of motor insurance, eg. Accidental or wilful & malicious damage or damage caused during theft or attempted theft of the Vehicle.
TERMS AND CONDITIONS / DEFINITIONS
You, or Your, or The Member: means the person or persons named on your current membership policy certificate or identified on the relevant Ultra Tune Tax Invoice.
Qualifying Customer: means a retail customer who has purchased and paid for at Ultra Tune on retail terms for any services. (A Qualifying Customer does not include business or corporate entities and does not include customers whose vehicles are under management via fleet management/leasing organisations or where payment is made using fleet ChargeCard procedures.)
Your Vehicle, or The Vehicle: means the Vehicle identified on the relevant Ultra Tune Tax Invoice.
The Driver, means you or anyone who you allow to drive or be in control of the vehicle.
Ultra Tune Roadside Assistance: means Ultra Tune Roadside Assistance Pty Ltd ABN 52 087 089 665 and ‘we’ and ‘us’ or ‘our’ refers to Ultra Tune Roadside Assistance, unless otherwise stated. Ultra Tune Roadside Assistance is a fully owned subsidiary of Ultra Tune Australia Pty. Ltd. ABN 52 065 214 708.
Home: means the address where you live in Australia.
Service Limits: means to the extent of a standard call-out and/or tow in any particular country region, city or town. As a guide this may include:
- All Greater Metropolitan Cities including metro satellite cities, also major regional cities & towns – up to 10kms* to your ISSUING Ultra Tune centre or other Ultra Tune Roadside Assistance accredited service provider.
- Country and Remote Regions- up to 20kms* ROUND TRIP from the roadside attendant’s depot to the Vehicle breakdown and return.
- *In each region the local roadside contractor will apply their own local ‘standard callout’ conditions. The service limits will vary according to the local standard callout conditions which may at times be lower than the guide provided here. The driver will pay for any callout and/or towing “excess charges” that may apply at the time.
Service Providers: This service is provided by Ultra Tune Roadside Assistance or its agents. Ultra Tune Roadside Assistance registered office is 326 Grange Road, Kidman Park, SA. 5025.
Issuing Ultra Tune Auto Service Centre: The local Ultra Tune store that provided you with this Ultra Roadside TOW ASSIST policy.
Accredited Service Provider: Means all Ultra Tune Auto Services Centres or other licensed vehicle repair stations as approved from time to time by Ultra Tune Roadside Assistance.
Service Area: This service operates within the Service Limits in all Australia mainland States and Territories, Tasmania and including any island connected to the mainland via a vehicular bridge. This service will be provided if the Vehicle is stranded at home, on a public road or other roadway to which the public has a right of access (‘the road’). This excludes areas such as creek beds, beaches, open fields, parks and ovals, fire tracks or trails used for logging or forestry service access.
Cancellation: In the event of cancellation there will be No Refund of any monies paid.
Modifying Terms & Conditions: We reserve the right to change, add to and delete any part of this agreement terms & conditions agreement without notice. This document was updated on and valid from 26th October 2016. Ultra Tune roadside assistance policies that were activated prior to this date are subject to the terms and conditions that were effective at the time. Ultra Tune roadside assistance policies that were activated prior to this date are subject to the Terms and Conditions that were effective at the time. CLICK HERE for Terms and Conditions that continue to apply for current TOW Assist policies that were provided before 26th October 2016.
Availability of Ultra Roadside Services: The Ultra Roadside products described in this website are available through any Ultra Tune Auto Service Centre operating in New South Wales, Queensland, Western Australia and Victoria all being authorised franchises of Ultra Tune Australia Pty. Ltd. ABN 52 065 214 708 (UTA), however assistance is available to our customers nationally.
Emergency situations – If you are in an emergency situation call “000”: We are not an emergency service. If we become aware or suspect that you or any other person is in an emergency situation, we may contact the police or other emergency service, e.g. child locked in a car.
If you have used our service and are dissatisfied with any aspect of the service, please bring the complaint to our attention within 28 days of becoming aware of it by writing to us at: Ultra Tune Roadside Assistance, PO BOX 22 Findon, SA. 5023. This does not affect your statutory rights.