Roadside Response Terms & Conditions and Warranty

Battery, Parts And Labour Warranty

Roadside Response only uses approved parts, consumables, and batteries, produced to exacting standards then tested and proven to meet stringent quality control standards. Our parts come with a nationwide application warranty which includes.  Batteries supplied and fitted by Roadside Response appointed Service Providers to have the following expressed warranty, which may differ from the manufacture expressed warranty that appears on the product labelling.

• 3 year or 100,000 Km (whichever occurs first) warranty on batteries fitted into Passenger vehicles, including start/stop (for private use only)
• 2 year or 100,000 Km (whichever occurs first) warranty on batteries fitted into 4WD, Truck & Farming applications (private use only)
• 2-year warranty or 100,000 Km (whichever occurs first) on batteries fitted into Marine, Deep Cycle, Motorbike, Mobility, Scooter, and Caravan applications (private use only)
• 12 months or 100,000 Km (whichever occurs first) warranty applies to all batteries installed in applications used for commercial, business, or non-personal purposes (including but not limited to, taxi, courier, trucking & police vehicles)

We provide 3 months warranty on parts and consumables supplied and installed by Roadside Response, including labour provided as part of repairs or Roadside Assistance call out unless the stated manufacture warranty provides for an alternative warranty period.

In instances where a battery was not fitted by a Roadside Response technician (supply only/cash and carry), the manufacturer's stated warranty applies which can be found on the product labelling or website.

WARRANTY COVERAGE

This warranty covers batteries and parts that become unusable or unserviceable due to defects in material and/or workmanship or labour provided as part of a Roadside Assistance emergency call-out. The warranty period commences from the date of initial purchase. This warranty covers the battery used in the application for which it was intended and charged with an approved charging profile. Proof of purchase and return of the good(s) in question must accompany any request for a warranty.

This warranty does not apply to batteries that break or fail due to abuse or neglect such as improper installation, re-installation into another application, misapplication, loose wiring, corroded terminal connections, mishandled or dropped batteries, freezing fire, explosion, or un-authorised battery modifications. This warranty does not cover sulphation damage caused by failing to maintain the sufficient charge in batteries for extended periods of time. Batteries must be fully charged after any significant drain and the charge cycle must be completed.   As per Australian Consumer Law if the battery usage is not for personal, domestic, or household use, then we will not be responsible or liable for any consequential or incidental expense or loss.

Please be aware that the warranty covers the battery only (product), not our roadside call-out service.  Fees may be charged if you require us to come out to you for warranty adjudication.

This warranty is given by Happi Days Pty Ltd (ABN: 62 608 292 299) trading as Roadside Response.  Roadside Response Head Office is contactable by phoning 1300 468 931.

WARRANTY CLAIM PROCEDURE

To make a warranty claim, call Roadside Response on 1300 468 931 during office hours.  Please note that the claim will not be allowed unless proof of purchase (e.g. invoice) is provided. Roadside Response will not accept any battery for warranty; that has not been properly tested by an authorised Roadside Response technician.

PAY AS YOU GO Roadside Assistance

Roadside Response™ is a leading Independent Roadside Assistance provider with over 20 years of industry experience. We are not affiliated with any other Roadside Assistance Company, Automobile Club or Insurance provider in Australia.

TERMS AND CONDITIONS

Roadside Response will provide any motorist with Emergency Roadside Assistance for the purpose of making your vehicle mobile if it becomes disabled due to a breakdown subject to an upfront credit card payment to cover the cost of the Emergency Roadside Assistance service requested. Emergency Roadside Assistance Services available through our PAY AS YOU GO product include:

• Jumpstart assistance due to a flat or faulty battery
• Supply and fitment of automotive batteries
• Towing
• Locksmith
• Tyre change over service
• Replacement Fuel
• Windscreen Replacement

Booking and Payment

A request for PAY AS YOU GO Emergency Roadside Assistance is deemed to be a booking when either a telephone call or electronic booking has been received via our website and a pre-authorisation payment has been held against a nominated credit card for the value of the quoted service.

Roadside Response requires that all bookings are paid for in full by credit card, debit card, EFT transfer in the event you do not hold a valid membership subscription product with.  Roadside Response.  We may refuse service if an authorised payment method cannot be established at the time of requesting assistance. We accept the following forms of authorised payment.  Surcharges apply as listed.

• Visa/Mastercard 1.5% surcharge
• American Express 3.5% surcharge
• Electronic Funds Transfer

PAY AS YOU GO SERVICE requires upfront payment or all labour and parts associated with a request to provide Emergency Roadside Assistance.  This includes any additional Service Providers that may need to attend to your incident.

Cancellation Policy

Once a booking has been made you have 15 minutes from the time of booking to call us and cancel your booking without charge.  You will be charged a cancellation fee of $79 and tows from $88 inclusive of GST if you choose to cancel (or fail to notify us of cancellation and our Service Provider has commenced travel to or attends the nominated breakdown address ) once the initial 15 minutes grace period has passed. You will not be entitled to any cancellation refund and will be charged the full quoted fee; if you fail to contact us to advise of the cancellation of service; and our technician arrives at the stated location; ready to provide the requested service.

Areas Covered

Service will be provided on private property or on any public road in Australia, provided they are trafficable to normal two-wheel drive vehicles. This excludes areas such as open fields, beaches, creek beds, recreation ovals, bicycle paths, bicycle tracks, logging or forest service roads and roads that do not allow oncoming traffic to safely pass.

Where service is required in large car parks, the driver will be required to meet the Service Provider at a predetermined meeting point.

Availability of Services

The driver or their representative whose identity has been established with Roadside Response must be with the Vehicle or at a pre-determined meeting point when an appointed Roadside Response Service Provider arrives.

Subject to ‘Circumstances outside Roadside Response control’ below, Service is available throughout mainland Australia, Monday to Sunday 7 am to 7 pm unless otherwise agreed. Service will be provided as soon as practicable, but response time is not guaranteed and will vary, depending on the location of the Vehicle and demand for services, amongst other things. Service is not available for vehicles that are in a Place of Repair.

Roadside Response advertised 50 minute response time is based on the average call-out time for jobs completed in metropolitan Sydney during the last full 12 months of trading.

We will provide an estimated ETA at the time of each new booking based on volumetrics, location and Emergency Roadside Assistance required.  Roadside Response take no responsibility for a quoted ETA’s which extend beyond the estimated time

Circumstances outside Roadside Response control

Roadside Response or its contracted Service Providers will not be liable for any failure or delay in providing the Service, either in whole or part, where failure or delay arises directly or indirectly out of causes beyond the reasonable control of Roadside Response, including, without limitation; adverse weather conditions, unavailability of materials, parts, qualified personnel, equipment, fuel or the like; failures in telecommunications, satellite and global positioning systems (including loss of coverage in any or all of the Service areas); and otherwise where the relevant Service is not reasonably available.

Consequential Loss

To the extent permitted by the law, Roadside Response will not be liable to any person for any indirect, special, or consequential loss or damage in connection with the Services, whether in contract, tort (including negligence), statute or otherwise.

End of the Incident

Roadside Response will consider an incident to have ended with respect to providing Service and/or Extended Benefits when:

• The Vehicle is mobilised; or
• A Reasonable Time has been allowed to repair the Vehicle; or
• The Member/driver has reached or been allowed time to reach the agreed destination once it has been agreed that Vehicle Transportation will be provided; or
• The Vehicle cannot be repaired.

Accident and Fire Damage

Emergency Roadside Assistance is not available where a vehicle has been involved in an accident or collision or where the damage caused by the fire has extended beyond the confines of the engine bay of the vehicle.

General Limitations

The method of delivery of Services will be at the sole discretion of Roadside Response, including without limitation regarding the type, method or provider of vehicle transportation provided or paid for.

Where a Vehicle is leaking gas or fuel, Roadside Response may refuse to attend the vehicle unless and until emergency services have attended and deemed the Vehicle and environment safe.

Roadside Response may accept liability for damage to a Vehicle directly caused by Service to it where notice of that damage is given to Roadside Response Head Office within 7 days of service, and Roadside Response is given an opportunity to inspect the vehicle before any repairs are carried out, and considers that the damage was directly caused by negligence on the part of Roadside Response or one of its appointed contractors in providing the service. Roadside Response is under no strict obligation to accept liability.

Notwithstanding the previous paragraph, Roadside Response does not represent that any Vehicle (or any part thereof) to which it provides Service will be, or will remain for any period of time, in working order, and accepts no liability to any person in connection with Services provided to a Vehicle, including in connection with breakdowns, accidents or injuries that may occur, following Service whether in tort (including negligence), contract or otherwise.

Hazardous Locations

Where a Vehicle is deemed by Roadside Response to be in a hazardous location, Roadside Response may dispatch a tow truck to move the vehicle to the nearest safe location. Where, however, the Vehicle is not Towable or is not able to be safely accessed by a standard commercial towing Vehicle, Roadside Response may refuse to provide Service to it.

Parts Used During Emergency Roadside Assistance

Parts provided by the Service Provider may or may not be genuine parts. All parts comply with relevant Australian Standards and regulatory requirements and are fit for purpose.

Unroadworthy Vehicles

Service may be refused to a Vehicle if, in the opinion of an attending Service Provider, the Vehicle is unroadworthy.

Vandalism/Theft

Emergency Roadside Assistance services will be refused where the vehicle has been stolen or vandalised.

Wait with Vehicle

The driver or an authorised representative must be present with the Vehicle when the Service Provider arrives. Service will not be provided for unattended Vehicles.

Locksmith

The attending Service Provider will require photo identification, such as a current driver’s licence, before providing Service. By accepting a lockout service, you indemnify Roadside Response and its associated Service providers against any liability for damage to the vehicle caused; resulting from an attempt to gain entry to the vehicle to retrieve keys locked inside.

Spare Parts

Where available, Roadside Response may fit spare parts to assist in getting your vehicle mobile. Payment for any spare parts must be paid for upfront by the driver using a credit card or other approved payment method.  Spare Parts include. Oils, Coolants, Batteries, terminals, leads, keys, remotes, locking barrels, fuel etc.

Towing – General

Towing Service will be provided utilising the most appropriate vehicle reasonably available. In-country areas, in particular, limited types of tow trucks may be available. Towing Service will not be provided for vehicles:

• Which are not Towable.
• Damaged because of fire outside the engine bay.
• Vehicles that have been involved in an Accident or have impact damage.
• Bogged on private property or on a public highway not trafficable to normal two-wheel drive vehicles.
• Requiring special towing equipment such as a power winch or extension cables or for situations where a four-wheel-drive vehicle is required.
• Which cannot be opened or started because keys have been lost or locked in the Vehicle.
• With keyless entry unless the steering is unlocked, and the Member can not provide adequate identification; or
• Containing animals or livestock.
• Which (in Roadside Response’s reasonable opinion) are overloaded or not safely loaded or secure.
• Carrying dangerous goods as defined under the Dangerous Goods Act 1985 (Vic.) including explosive, flammable, combustible, toxic radioactive, corrosive, or other dangerous goods.

Wheel Changing

Change over a punctured or damaged tyre, providing the driver provides a spare wheel and tyre in a serviceable and roadworthy condition, and of a design and type compatible with the Vehicle. Where the replacement tyre is incompatible, unserviceable, or unroadworthy the Service Provider may, at his or her discretion, fit the tyre for the purpose of temporarily mobilising the Vehicle but only if the driver agrees to sign a release or indemnity in favour of Roadside Response for any injury or damage arising out of the use of the tyre.

Where a suitable replacement tyre is not available, Towing Service will be provided however, additional charges will apply

Note: All calls to Roadside Response are recorded to assist our Response Centre in the professional handling of your Emergency Roadside Assistance incident.

Premium and Classic Response Care Membership
Terms and Conditions

On the road, driving hazards and motoring problems can occur.  Roadside Response is a dedicated automotive Emergency Roadside Assistance provider offering 24/7 roadside assistance to its members; supporting you when those un-foreseen breakdowns occur.  At a time of breakdown, our aim is to provide emergency roadside assistance service to allow you to safely continue your journey.  Where this is not possible, we will provide a range of assistance services to transport your vehicle to the nearest place of repair.

Obtaining Assistance

For Emergency Roadside Assistance and Battery Replacement our members should call:

Roadside Response |    1300 468931

or visit our website www.roadsideresponse.com.au.  All telephone calls are recorded to aid us to properly help you.

Verification of your ability to receive membership Emergency Roadside Assistance will be required at the time of the requested service.  Appointed Service Providers may also require photographic identification before providing service.  If you cannot provide suitable identification you maybe request to provide a credit card pre-authorisation of $200 before the service is provided to you.  Roadside Response will reimburse this payment to you if you later prove you were eligible to receive this service under your roadside response membership.

Membership Entitlements

Product Entitlement	PREMIUM RESPONSE CARE	CLASSIC RESPONSE CARE
Emergency Roadside Assistance
Service Calls	Unlimited	Six (6)
Towing Metro	50Kms	20Kms
Towing Regional/Country	100Kms or to the nearest authorised repairer	Nearest authorised repairer
Free Petrol or Diesel	Up to 5 litres	Up to 5 Litres
Minor Parts Allowance	$35	$25
Locksmith Allowance	$200	N/A
Benefits Under 100 Kms from Home
Breakdown	$150 Taxi	$50 Taxi
Benefits Over 100 Kms from Home
Maximum entitlement	Combination of accommodation and Taxi per allowance up to a maximum of $300.	N/A

Renewal, Transfer or Cancellation of your Emergency Roadside Assistance Product

To ensure you have appropriate assistance protection, your Emergency Roadside Assistance Product subscription will automatically renew annually. You will be issued with advanced notification of your program renewal a minimum of 30 days prior to your entitlement end date via your registered email address.  Payment for renewal will be processed via your nominated credit card.

You may cancel your Emergency Roadside Assistance program at any time after the initial 12 months or within 30 days of you receiving your renewal notification by phoning 1300 468931 or via email to service@roadsideresponse.com.au.  Any approved refund will be provided on a pro-rata basis to your nominated credit card provided no call out or extended benefits have been used.

Change of Details

You must advise Roadside Response if you change your vehicle, home address or preferred contact details immediately.  Membership services cannot be provided to any vehicle which is not correctly registered with us.

1. CLASSIC RESPONSE CARE

Classic Response Care is designed to get your vehicle moving again and if this is not possible, provide you with Towing and limited extra benefits to assist you in times of need.

1.1 Emergency Roadside Assistance

Roadside Response will provide you with a maximum of 6 call-outs during your annual membership (12 months) for the purpose of making your nominated vehicle mobile again subject to our fair use policy.

This includes:

• Minor Mechanical repairs to mobilise your vehicle
• Towing your vehicle
  • In metropolitan areas, the first 20 Kms in any direction from the point of direction is free of charge.
  • In-country areas, towing to the nearest approved repair centre is provided free of charge.
• FREE petrol or diesel when you have run out of fuel
• Wheel changing to your spare for a flat tyre
• Parts allowance of $35 form replacement batteries fitted by Roadside Response

1.2 Extended Benefits

Classic Response Care members also receive a limited number of extended benefits during your annual membership period.

Benefits when over 100Kms from home

When a mechanical breakdown occurs, and your vehicle is disabled and needs to be towed to a place of repair you may claim Taxi or alternative transportation costs up to a maximum total of $50

2. PREMIUM RESPONSE CARE

Premium Response Care is our premium roadside assistance membership product. This covers the nominated member and anyone who is driving the nominated vehicle

2.1 Emergency Roadside Assistance

Roadside Response will provide you with unlimited call-outs for the purpose of making your vehicle mobile if it becomes disabled due to a breakdown, subject to our fair use policy.

This includes:

• Minor Mechanical repairs to mobilise your vehicle
• Towing your vehicle
  • In metropolitan areas, the first 50 Kms in any direction from the point of direction is free of charge.
  • In-country areas, towing to the nearest approved repair centre up to 100Kms is provided free of charge.
• FREE petrol or diesel when you have run out of fuel
• Wheel changing to your spare for a flat tyre
• Parts allowance of $35 for a replacement battery fitted by Roadside Response

2.2 Extended Benefits

Premium Response Care members also receive several extended benefits during your annual membership period.

Premium Response Care members receive up to $200 per incident towards Locksmith services.  In some instances, Roadside Response may organise for the vehicle to be towed to an appointed service provider.  In these instances, we will pay up to $200 for the cost of transportation of the vehicle.  Repairs or replacements of lock barrels, remotes etc are not covered under the Locksmith entitlements.

Benefits when over 100Kms from home

When a mechanical breakdown occurs, and your vehicle is disabled and needs to be towed to a place of repair you may claim Taxi or alternative transportation costs of a maximum total of $150.

3. GENERAL CONDITIONS, EXCLUSIONS AND LIMITATIONS

3.1 Areas Covered

Service will be provided on private property or on any public road in Australia, provided they are trafficable to normal two-wheel drive vehicles. This excludes areas such as open fields, beaches, creek beds, recreation ovals, bicycle paths, bicycle tracks, logging or forest service roads and roads which do not allow oncoming traffic to safely pass.

Where service is required in large car parks, the driver will be required to meet the Service Provider at a predetermined meeting point.

3.2 Availability of Services

Subject to ‘Circumstances outside Roadside Response control’ below, Service is available throughout Australia 24 hours a day every day of the year. Service will be provided as soon as practicable, but response time is not guaranteed and will vary, depending on the location of the Vehicle and demand for services, amongst other things. Service is not available for vehicles which are at a Place of Repair.

The Member or their representative who is over 18 years of age and whose identity has been agreed with Roadside Response, must be with the Vehicle or at a pre-determined meeting point when an appointed Roadside Response Service Provider arrives.

Extended Benefits and Personal Benefits are only available for incidents which occur within Australia.

3.3 Change of Vehicle

Members must nominate the Vehicle to which Services are to be provided, and Services will only be provided to the Member in respect of that Vehicle unless the Member holds Platinum Response Care membership.

A member may change a vehicle up to twice during a membership subscription period provided they do so a minimum of 48 hours prior to requesting service on that newly nominated vehicle and that new vehicle is under 3.5-tonne GVM and less than 12 years old.

3.4 Circumstances outside Roadside Response control

Roadside Response or its contracted Service Providers will not be liable for any failure or delay in providing the Service, either in whole or part, where failure or delay arises directly or indirectly out of causes beyond the reasonable control of Roadside Response, including, without limitation; adverse weather conditions, unavailability of materials, parts, qualified personnel, equipment, fuel or the like; failures in telecommunications, satellite and global positioning systems (including loss of coverage in any or all of the Service areas); and otherwise where the relevant Service is not reasonably available.

3.5 Claiming of Benefits

Without exception, Roadside Response must be notified of your intention to claim Extended Benefits within three business days of the incident.  Roadside Response will provide reimbursement by electronic funds transfer (EFT) up to the amount specified in your entitlement.  We will not pay for any services upfront on behalf of the member.  Reimbursement of funds requires a Tax Invoice and can take up to 14 days for reimbursement to be processed.

3.6 Consequential Loss

To the extent permitted by the law, Roadside Response will not be liable to any person for any indirect, special, or consequential loss or damage in connection with the Services, whether in contract, tort (including negligence), statute or otherwise.

3.7 Cooling-off Period

A Member has 21 days from the date of purchasing or renewing a Roadside Response Membership Product to cancel their subscription and will be entitled to a refund of any Subscription Fees paid if no Service calls have been made or Extended Benefits have been used.

3.8 End of the Incident

Roadside Response will consider an incident to have ended in respect to providing Service and/or Extended Benefits when:

• The Vehicle is mobilised; or
• A Reasonable Time has been allowed to repair the Vehicle; or
• The Member/driver has reached or been allowed time to reach the agreed destination once it has been agreed that Vehicle Transportation will be provided; or
• The Maximum Benefit has been reached; or
• The Vehicle is at a place of repair and/or the Member has returned home (Alternative transportation will be provided for Member to collect the vehicle once it has been repaired); or
• The Vehicle cannot be repaired.

3.9 Accident and Fire Damage

Roadside Assistance is not available where a vehicle has been involved in an accident or collision or where the damage caused by the fire has extended beyond the confines of the engine bay of the vehicle.

3.10 General Limitations

The method of delivery of Services will be at the sole discretion of Roadside Response, including without limitation regarding the type, method or provider of transportation, accommodation, rental vehicle, air transport, alternative transport or vehicle transportation provided or paid for.

Where there is any ambiguity regarding services and entitlements available to Members, Roadside Response is only liable to provide or pay for services to the extent clearly and expressly provided for in these Terms and Conditions.

Where a Vehicle is leaking gas or fuel, Roadside Response may refuse to attend the vehicle unless and until emergency services have attended and deemed the Vehicle and environment safe.

Roadside Response may accept liability for damage to a Vehicle directly caused by Service to it where notice of that damage is given to Roadside Response Head Office within 7 days of service, Roadside Response is given an opportunity to inspect the vehicle before repairs are carried out and considers that the damage was directly caused by negligence on the part of Roadside Response or one of its appointed contractors in providing the service. Roadside Response is under no strict obligation to accept liability.

Notwithstanding the previous paragraph, Roadside Response does not represent that any Vehicle (or any part thereof) to which it provides Service will be, or will remain for any period of time, in working order, and accepts no liability to any person in connection with Services provided to a Vehicle, including in connection with breakdowns, accidents or injuries that may occur following Service whether in tort (including negligence), contract or otherwise.

If notwithstanding the above, Roadside Response is found to be liable to the Member and/or any other person, Roadside Response’s liability is limited to a sum not exceeding:

• $5,000 for Classic Response Care; or
• $10,000 for Premium Response Care; or

in respect of the aggregate of all claims, during any consecutive period of 12 months. Roadside Response reserves the right to refuse applications for any product or service, or extension or upgrade thereof, in its absolute discretion, without giving any reason.

3.11 Glossary

Words defined in the Glossary have the meaning given there when they appear in these Terms and Conditions unless the context expressly requires otherwise.

3.12 Hazardous Locations

Where a Vehicle is deemed by Roadside Response to be in a hazardous location, Roadside Response may dispatch a tow truck to move the vehicle to the nearest safe location. Where, however, the Vehicle is not Towable or is not able to be safely accessed by a standard commercial towing Vehicle, Roadside Response may refuse to provide Service to it.

3.13 Immediate Assistance

Where Emergency Roadside Assistance is required and the vehicle is not covered by a Roadside Response Membership Product or is within the 48-hour exclusion period, a customer may choose to use our pay-as-you-go no-membership product.  A credit card payment is required to cover the cost of the nominated roadside assistance service as quoted by Roadside Response.

3.14 Maximum Benefits

The cumulative value of the Extended Benefits for each Emergency Roadside Assistance Product per Subscription Year will not exceed the following amounts (notwithstanding any statements which may suggest the contrary, including with limitation, statements that an ‘unlimited’ amount of a service or number of benefits are available, or that a particular amount or value will be provided):

• Classic Response Care $3,000
• Premium Response Care $10,000

3.15 Parts Used During Emergency Roadside Assistance

Parts provided by the Service Provider may or may not be genuine parts. All parts comply with relevant Australian Standards and regulatory requirements and are fit for purpose.

3.16 Refunds

Parts of Subscription Fees may be refunded prior to the end of the subscription period in the following circumstances:

• Where a Member cancels a multi-year subscription package, only the current year will be non-refundable.
• A Member dies and the spouse or de facto partner of the deceased Member does not want a pro-rata credit applied to their own subscription; or
• A Member’s Nominated Vehicle is stolen or declared a total loss.
• Where a vehicle is deleted from a subscription and is not replaced-rata credits are applicable to current subscriptions.

Refunds or pro-rata credits can only be offered when no service calls have been made or Extended Benefits have been used. Refunds or credits will not be provided if a change is made during a Subscription Year (for example a change from Premium Care to Classic Care etc or a change of the Nominated Vehicle).

3.17 Reimbursement of Costs

In some circumstances, Members may be required to initially meet the costs of Services. Where expenditure is authorised by Roadside Response and within the entitlements of the relevant Emergency Roadside Assistance Product, it will be reimbursed upon production of appropriate receipts acceptable to Roadside Response. Claims for reimbursement must be made within 90 days of the call for service or the date that the cost was incurred, whichever is earlier.

3.18 Size, Age and Weight Restrictions

Size and Weight limitations apply to all registered vehicles (refer to guide in section 5.13 and no vehicle over 12 years old from the date of manufacture will be accepted.

3.19 Unroadworthy Vehicles

Service may be refused to a Vehicle if, in the opinion of an attending Service Provider, the Vehicle is unroadworthy.

3.20 Vandalism/Theft

Emergency Roadside Assistance services will be refused where the vehicle has been stolen or vandalised.

3.21 Vehicles

Eligible Vehicles.

Subject to these Terms and Conditions, Service is available for:

• Passenger motorcars within Roadside Response Age, Size and Weight Restrictions that are duly registered at the time of Service.
• Motorcycles, Mopeds.
• Motorhomes within Roadside Response Age, Size and Weight Restrictions.

Ineligible Vehicles

Subject to these Terms and Conditions, Service is unavailable for:

• Any Vehicle participating in any trial, race, or other activities of a like nature.
• Commercial Vehicles, including taxis and couriers.
• Trade plated vehicles.

3.22 Waiting Periods

Provided that there is no pre-existing Condition, Emergency Roadside Assistance Membership becomes available 48 hours after an Emergency Roadside Assistance product is purchased, unless using the pay-as-you-go roadside assistance service.

3.23 Wait with Vehicle

The driver or an authorised representative must be present with the Vehicle when the Service Provider arrives. Service will not be provided for unattended Vehicles.

3.24 Size and Weight Restrictions

	AGE	Weight (GVM)	Height	Width	Length
PREMIUM AND CLASSIC RESPONSE CARE	Under 12 years since manufacture	3.5T GVM	2.1m	2.3m	5.5m

 * GVM (gross vehicle mass) of a vehicle means the maximum loaded mass of the vehicle, including passengers and cargo regardless of whether the vehicle is loaded at the time of the incident.

4. ENTITLEMENT LIMITATIONS

4.1 Accommodation

Roadside Response will pay for accommodation costs (room rate only) of up to $300 for Premium Response Care Members. Any charges for meals, telephone calls, room service etc. over the room only rate will be at the Member’s own expense. The venue for accommodation is at the sole discretion of Roadside Response but where practical and available this accommodation will be rated 3 stars or above by the nominated booking agent.

4.2 Alternative Transport

Alternative transport consists of any land, air or sea transportation as deemed appropriate by Roadside Response. The form of alternative transport will be at the sole discretion of Roadside Response. The provision of alternative transportation is subject to availability and any terms and conditions imposed by the Service Provider. Roadside Response will cover the cost of base fares or rates. Additional costs such as excess baggage, cancellation fees, etc will be at the Member’s expense.

4.3 Fair Use Policy

It is important to Roadside Response that all Members can access entitlements and our expectation is that Members will maintain their Vehicle in working condition. Therefore, Roadside Response reserves the right to limit or refuse to provide Services or an entitlement to a Member where, in the opinion of Roadside Response or its appointed Service Provider, the Member’s use of the Services or entitlement is excessive, unreasonable or not reasonably required by the Member in the circumstances. It is intended to minimise the inconvenience of a vehicle breakdown through timely attendance, professional diagnosis, and temporary repair wherever possible.

When Emergency Roadside Assistance is requested more frequently than Roadside Response considers reasonable, you may be requested to ensure that the vehicle is placed in a sound mechanical and roadworthy condition (including obtaining a roadworthy certificate under the Road Safety [Vehicles] Regulations 2009 and, until this has been done, any further requests for Service may be refused or provided for a fee.

Circumstances that constitute a breach may include but are not limited to, multiple services call in each month for the same reason (e.g. flat battery, faulty alternator, out of fuel etc.). The Member is expected to take reasonable steps to resolve the issue causing the Vehicle fault.

4.4 Locksmith

Repairs or replacement of lock barrels, keys or remotes are not covered under locksmith entitlements. The attending Service Provider will require photo identification, such as a current driver’s licence, before providing Service.

4.5 Spare Parts

Where available, Roadside Response may fit authorised spare parts to assist in getting your vehicle mobile. Members must pay for all spare parts unless a provision in these Terms and Conditions states that spare parts are provided as part of Emergency Roadside Assistance. Spare parts will not be picked up or delivered. Spare parts do not include consumables such as oil, fluids, coolant, and batteries.

4.6 Taxis

The provision of taxis is subject to availability at the time of booking.

4.7 Towing – General

Towing Service will be provided utilising the most appropriate vehicle reasonably available. In Country Areas, in particular, limited types of tow trucks may be available. Towing Service will not be provided for vehicles:

• Which are not Towable.
• Damaged because of fire outside the engine bay.
• Vehicles which have been involved in an Accident or have impact damage.
• Bogged on private property or on a public highway not trafficable to normal two-wheel drive vehicles.
• Requiring special towing equipment such as a power winch or extension cables or for situations where a four-wheel-drive vehicle is required.
• Which cannot be opened or started because keys have been lost or locked in the Vehicle.
• With keyless entry unless the steering is unlocked, and the Member can provide adequate identification; or
• Containing animals or livestock.
• Which (in Roadside Response’s reasonable opinion) are overloaded or not safely loaded or secure.
• Carrying dangerous goods as defined under the Dangerous Goods Act 1985 (Vic.) including explosive, flammable, combustible, toxic radioactive, corrosive, or other dangerous goods.

4.8 Towing – Excess Kilometres

Towing kilometres more than the limits described herein will be payable by the Member at the time of the Tow.

4.9 Towing – Number Available

One tow is available after a breakdown where the nominated vehicle cannot be mobilised. However, if the nominated vehicle cannot be towed to the Place of Repair chosen by the Member during its hours of operation, Roadside Response will offer the Member a tow to an agreed interim location and then a second tow to the Place of Repair during its hours of operation. Any subsequent tows for the same breakdown will be payable by the Member at commercial rates. A limit of one Vehicle Transportation is available per incident.

4.10 Wheel Changing

Emergency Roadside Assistance will include assistance in changing a punctured or damaged tyre, providing the driver provides a spare wheel and tyre in a serviceable and roadworthy condition, and of a design and type compatible with the Vehicle. Where the replacement tyre is incompatible, unserviceable, or unroadworthy the Service Provider may, at his or her discretion, fit the tyre for the purpose of temporarily mobilising the Vehicle but only if the driver agrees to sign a release or indemnity in favour of Roadside Response for any injury or damage arising out of the use of the tyre.

Where a suitable replacement tyre is not available, Towing Service will be provided however, Extended Benefits are not applicable for this incident (subject to these Terms and Conditions).

5. GLOSSARY

In this document, the following words have the meanings set out below unless the context expressly requires otherwise:

• Accident means a collision or impact with any object causing damage to the Eligible Vehicle.
• Commercial Vehicle means a vehicle used primarily for delivering goods and services during any trade or business. E.g. Taxi or courier.
• Country Area(s) means those areas of Australia outside the Metropolitan urban areas.
• Disabled means having been subject to an event which causes a Vehicle to become disabled such that it is unable to be driven. and which event is caused by - A mechanical failure or breakdown; - An engine fire; - A flooding which does not enter the Vehicle cabin; or - A malicious act.
• Eligible Vehicle means any Vehicle as described in these Terms and Conditions for which an Emergency Roadside Assistance Subscription Fee has been paid to Roadside Response for the period during which Service is requested or any vehicle being driven by a Member subscribing to Premium Response Care (whether it is nominated for Service or not) subject to Size and Weight Restrictions, as detailed on section 3.24.
• Emergency Roadside Assistance or ERA refers to the services available to make your Vehicle mobile at the time of breakdown or to allow towing as specified under each product listed herein.
• Emergency Roadside Assistance Product or ERA Product refers to any of the following products offered by Roadside Response:
  • Premium Response Care
  • Classic Response Care.
• End of the Incident is defined in these Terms and Conditions under the heading “General Conditions, Exclusions and Limitations”
• Extended Benefits means in respect of Premium Response Care and Classic Response Care, the benefits described under the heading Extended Benefits in, respectively, sub-sections 1, 2 and 3.
• Fair Use Policy is set out in these Terms and Conditions under the heading “Entitlement Limitations”.
• Mechanical Breakdown means a malfunction has occurred whilst the Vehicle is in operation, which causes the Vehicle to be unable to operate at a safe and normal capacity.
• Member means a current Service Member of Roadside Response who is a subscriber to either Premium Response Care or Classic Response Care products.
• Member’s Address or Home means the address of the Member as recorded on the Membership by Roadside Response. In relation to individuals holding Emergency Roadside Assistance Products for personal use, the Member’s address or home means the home or principal place of residence for example as stated on the Member’s Driver's Licence. A P.O. Box address is not considered a place of residence, and the Member will be required to provide proof of residential address prior to receiving service or benefits.
• Metropolitan or Metropolitan Area means urban areas of Australia as identified by the Roadside Response dispatch system.
• Minor Mechanical Repairs mean minor and, in some cases, temporary repairs provided pursuant to these Terms and Conditions to allow an Eligible Vehicle to be safely driven to a place where complete and/or permanent repairs can be carried out.
• Nominated Vehicle means the vehicle nominated by the holder of an Emergency Roadside Assistance product from Roadside Response to be the subject of entitlements of that Emergency Roadside Assistance Product.
• Personal Benefits means in respect to Premium Response Care and Classic Response Care, the benefits described under the heading “Personal Benefits” in sub-section 1.3.
• Place of Repair means a registered mechanical repair business.
• Roadside Response means Happi Days Pty Ltd ABN 62 608 292 299 t/a Roadside Response and includes its officers, employees, agents, and contractors.
• Reasonable Time means the time taken to affect a typical repair according to prescribed industry standards, subject to the availability of appropriate service and necessary parts to affect the repair.
• Service(s) means the service or entitlements provided pursuant to these Terms and Conditions
• Service Provider means a Roadside Response employee, contractor or third party engaged or recommended to provide any service or benefit on behalf of Roadside Response.
• Size, Weight and Age Restrictions are defined in these Terms and Conditions under the heading “General Conditions, Exclusions and Limitations”.
• Special Towing Equipment means towing equipment not ordinarily carried by a commercial towing Service Provider.
• Subscription Fee means the annual fee or Instalment Payment pertaining to any products listed herein.
• Subscription Year means any 12-month period after the date a product was purchased.
• Terms and Conditions mean these terms and conditions as amended from time to time.
• Tow(s) refers to a single provision or instance of towing under Towing Services.
• Towable means able to be towed by a standard commercial towing Service Provider at standard commercial rates.
• Towing Service(s) means Vehicle towing service provided pursuant to these Terms and Conditions.
• Travel Party means up to six people travelling with the Member in their Vehicle at the time of breakdown.
• Vehicle means a Member’s Nominated Vehicle, and/or an Eligible Vehicle unless the context requires otherwise.

ROADSIDE RESPONSE CONTACT NUMBERS

• Emergency Roadside Assistance 1300 468 931 (24 hours a day)
• General enquiries and Customer Service Centre 1300 468 931
• Email service@roadsideresponse.com.au
• Website: www.roadsideresponse.com.au

Note: Standard call charges apply when calling from a mobile phone. All telephone calls are recorded to aid us to properly aid you.