Nexen Total Care – Terms & Conditions for a Dealer offering the warranty
Terms & Conditions
1. Tyremax agrees to appoint the Dealer as an Authorised NEXEN Dealer and the Dealer accepts such appointment.
2. The Dealer acknowledges that all Purchasers may be offered the benefits provided for under the NEXEN TOTAL CARE Program’
3. The Dealer agrees to represent Tyremax professionally at all times and deal with each claim made by a Purchaser under the TOTAL CARE Program efficiently, in a professional and courteous manner, and in accordance with the terms of the TOTAL CARE Program and its obligations as detailed in this Agreement.
2 Year Road Hazard Warranty Claim – process
4. In the case of a claim made by a Purchaser to the Dealer under the ‘2 Year Road Hazard Warranty’, the Dealer shall:
(a) verify that the Purchaser (1) purchased the NEXEN Tyres, the subject of the claim, from an Authorised NEXEN Dealer within the period 2 years prior to the claim being made, and (2) is registered under the TOTAL CARE Program Registration and, if so;
(b) complete a Claim Form with the Purchaser; and
(c) assess each NEXEN Tyre, the subject of the claim, as to whether it was damaged due to Road Hazard Tyre Damage and, if so;
(d) repair each NEXEN Tyre (unless the Dealer determines that the NEXEN Tyre is unable to be repaired by a repair patch or similar) and, in such a case, charge the Purchaser for the repair costs including removal and fitting costs; and
(e) if a NEXEN Tyre is determined by the Dealer not to be repairable, remove and replace each damaged NEXEN Tyre with a suitable replacement NEXEN Tyre and:
(i) in the case of a NEXEN Tyre having a Tyre Tread greater than 50%, not charge the Purchaser for removal and replacement of the damaged NEXEN Tyre;
(ii) in the case of a NEXEN Tyre having a Tyre Tread of between 30% and 50%, charge the Purchaser 50% of the costs of the replacement NEXEN Tyre;
(iii) in the case of a NEXEN Tyre having a Tyre Tread of between 15% and 30%, charge the Purchaser 70% of the costs of the replacement NEXEN Tyre;
(iv) in the case of a NEXEN Tyre having a Tyre Tread of between 10% and 15%, charge the Purchaser 80% of the costs of the replacement NEXEN Tyre; and
(v) in the case of a NEXEN Tyre having a Tyre Tread of less than 10%, charge the Purchaser 100% of the costs of the replacement NEXEN Tyre.
5. In the case of any tyre replacement undertaken by the Dealer, the Dealer shall:
(a) retain each NEXEN Tyre replaced and provide it to Tyremax;
(b) provide to Tyremax the completed Claim Form and a copy of the original customer invoice the subject of the NEXEN Tyre purchase; and
(c) forward to Tyremax a claim for the net cost of each replacement tyre.
6. Tyremax shall, in the case of each claim received by it from the Dealer under clauses 4 & 5 of this Agreement, assess each such claim received (including assessment of the NEXEN Tyre replaced) and, if approved by Tyremax:
(a) provide to the Dealer a credit in the amount of the claim to the Dealer via its account with Tyremax; and
(b) offer to sell to the Dealer each replacement tyre at 50% of its original cost to the Dealer.
7. The Dealer shall be entitled to charge the Purchaser a fee of no greater than $25 (incl. GST) for the Purchaser’s right to participate in the TOTAL CARE Program.
8. The following expressions are defined terms in this Agreement:
‘Authorised NEXEN Dealer’, ‘TOTAL CARE Program Registration’, ‘NEXEN Tyre’, ‘Road Hazard Tyre Damage’, ‘Tyre Tread’, and ‘Unauthorised Event’ – as defined in the TOTAL CARE Program Terms.
‘Claim Form’ means a claim form, in a form to be provided by Tyremax, to be completed by a Purchaser at the time a claim is made under the TOTAL CARE Program.
‘TOTAL CARE Program’ means the program offered by Tyremax to Purchasers, being:
(a) 2 Year Road Hazard Warranty; and
(b) 2 Year Roadside Assistance;
more particularly described in the TOTAL CARE Program Terms.
‘TOTAL CARE Program Terms’ are the terms more particularly described at www.nexenaustralia.com.au.
‘Purchaser’ means a purchaser of a set of 4 NEXEN Tyres from an Authorised NEXEN Dealer, as and from 1 May 2016.
Terms & Conditions updated 22.06.2017