Mercedes-Benz, Smart, Maybach, Exchange Genuine Parts, Accessories and Merchandise
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 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. The benefits of this warranty are in addition to any other rights and remedies you have under a law in relation to the goods. In circumstances where your rights under the Australian Consumer Law are greater than your rights under this warranty, we will always honour your rights under the Australian Consumer Law.
Mercedes-Benz Australia/Pacific Pty Ltd (MBAuP) offers a warranty against manufacturing defects in Mercedes-Benz, smart, Maybach, Alliance Parts and Alliance Exchange Genuine Parts, Accessories and Merchandise sold within Australia (Genuine Parts).
The warranty period commences on the date the Genuine Part is sold and continues for: 24 months for Mercedes-Benz passenger car, Maybach and smart Genuine Parts; 24 months for Mercedes-Benz van Genuine Parts; 12 months for Mercedes-Benz, smart Genuine Merchandise; and 24 months or 200,000 km (whichever occurs first) for light commercial vehicle Alliance Parts and Alliance Exchange parts (Warranty Period).
If any defect arises and is presented to one of MBAuP’s authorised Mercedes-Benz Retailers within the applicable Warranty Period and upon examination the defect is determined to be caused by defective material or workmanship, MBAuP will repair or replace (at MBAuP’s election) the defective material or workmanship free of charge. In most cases, there will be no charge to you for expenses associated with making a claim under this warranty. If there are circumstances that mean you may need to pay a charge, the charge will be discussed with you in advance.
If a Genuine Part is repaired or replaced under the warranty, the warranty will continue to apply to the repaired or replaced part for the unexpired initial warranty period, the Warranty Period does not recommence.
This warranty exists for the benefit of any owner of the Genuine Part during the applicable Warranty Period.
This warranty is given on the condition that the Genuine Part is at all times properly used and operated, and regularly serviced and maintained at the applicable intervals of time or distance specified by MBAuP, and in accordance with the procedures set out in the maintenance booklet or as otherwise specified by MBAuP using approved parts and lubricants. If the above obligations are not complied with, this may partially or entirely void the Genuine Part warranty.
Exclusions and Limitations
This warranty does not cover damage, faults or defects arising out of:
– neglect, misuse, intentional damage, improper operation, improper maintenance, storage, transportation, accident or use of the Genuine Part for a purpose for which it was not designed;
– water ingress such as from floods or deep-water fording;
– modifications in engine output or vehicle specifications without MBAuP’s approval;
– use of non-genuine Mercedes-Benz parts and/or use of parts, accessories, supplies or service products not approved or recommended by MBAuP or genuine Mercedes-Benz parts on which the identification marks have been altered, defaced or are otherwise unidentifiable;
– repairs, modifications or reprogramming other than by an authorised Mercedes-Benz Retailer and such repair, modification or re-programming causes damage, fault or defect;
– the permissible gross vehicle mass, the permissible gross combination mass or the permissible axle mass having been exceeded;
– natural, external and/or environmental influences including but not limited to climatic conditions, fallout, bird or animal droppings, road salt, plant and animal substances and pollution;
-improper care, improper cleaning methods, cleaning materials and spray waxes not recommended by MBAuP or use of non-approved fuels, lubricants or additives;
– use of the Genuine Part beyond its engineered and stated capability in regards to use, application and load capacity;
– goods not imported into Australia or manufactured by MBAuP or a related body corporate (including but not limited to the goods and services of body builders and suppliers). Damage, faults or defects in, or damage consequential to the use of such goods, are the responsibility of the third party manufacturer or supplier. MBAuP will supply the name and address of any such manufacturer or supplier on request and it is the owner’s responsibility to make claims under such warranties; or
– use of the Genuine Part in motor sport, competition, rally or race or beyond its engineered and stated capability in regards to use, application and load capacity.
This warranty does not cover:
– tyres, consumables, maintenance, servicing, normal wear and tear, the alignment of front and rear axles, wheel balancing and tyre rotation;
– any consequential damage incurred or repairs required if you continue to operate the Genuine Part after the defect arises.
Repairs, servicing, modifications and reprogramming by a non-authorised Mercedes-Benz Retailer is not prohibited by, and does not void, this warranty. However, as stated above, where damage, faults or defects arise out of such actions, the resulting issues will not be covered by the warranty. We strongly recommend that you engage an authorised Mercedes-Benz Retailer to carry out repairs and the servicing at the intervals set out in the Maintenance Booklet to ensure that the necessary equipment and degree of care, skill and knowledge is employed during maintenance and repairs.
MBAuP’s liability in all circumstances will, whenever permitted by law, be limited to the repair and replacement or the payment of the cost of any such repair or replacement as MBAuP in its sole discretion determines to be appropriate. To the fullest extent permitted by law (a) this warranty does not cover any contingent, indirect or consequential loss resulting from defects (including without limitation penalty rates, down time and freight/load loss); and (b) the total liability of MBAuP under this warranty is limited in aggregate to the purchase price of the Genuine Part (excluding the value of third party goods and services).
If a provision in this warranty is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required in this clause that provision is to be severed to the extent necessary, and the rest of this Agreement remains in full force and effect.
How to claim.
A claim under the warranty must be made by presenting the defective Genuine Part, service booklet and proof of purchase to one of MBAuP’s authorised Retailers within the relevant warranty period. Your nearest authorised Retailer can be found at www.mercedes-benz.com.au.
Mercedes-Benz Australia/Pacific Pty Ltd
ACN 004 411 410,
44 Lexia Place,
Mulgrave VIC 3170.
Telephone: (03) 95669266
Valid: 1 September 2020