Cape Warranty Terms and Conditions

1.    Warranty Period

1.1.  Cape RV’s (33 579 739 475) (henceforth referred to as “Cape”) provides the following warranty in relation to its recreational vehicle and other units (“RV”). The benefits of this warranty are in accordance with those imposed by the Federal and State Governments of Australia and Queensland. Nothing in this warranty is to be interpreted as excluding, restricting or modifying any Federal of Queensland legislation application to the supply of goods and services which cannot be excluded, restricted or modified.

1.2.  Cape warrants to the original buyer of every RV that all parts of our manufacture are free from defects in material and workmanship for a period of 12 months from date of purchase under normal use and specified service, except for the items listed in clause 3 Exclusions and 4 Warranty on Supplied Components and subject to compliance with clause 5 Owners Responsibility.

1.3.  The warranty is not transferable to a subsequent owner.

2.    Extent of Warranty

2.1.  Under this warranty, if any part of your RV is proven to be defective in material or workmanship during the 12 month warranty period Cape will, as its sole discretion, either: replace or repair the RV or the defective party of the RV, or cause the RV or defective part of the RV to be replace or repaired by Cape or an authorised repairer.

2.2.  Accepted warranty repairs or parts replacement will be performed free of charge by Cape at its place of business within the reasonable time after delivery of the RV to the dealer or repairer during normal business hours.

2.3.  Under this warranty no re-imbursements will be made for work done through an unauthorised establishment without prior written consent from Cape.

2.4.  Cape has no obligation for warranty purposes to install the same components originally supplied, and where it is appropriate to do so shall instead install or supply current components of similar quality, grade and composition.

2.5.  Goods presented for repair may be replace by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. 

2.6.  Any affiliates, representatives, associates, agents, suppliers, resellers or similar of Cape shall have no authority to authorise or deny warranty claims on behalf of Cape.

3.    Exclusions to Warranty

3.1.  Cape RV’s have been designed for recreational use and not for permanent residential purposes. When used for permanent living possible premature wear and tear is not covered under warranty.

3.2.  All Cape RV’s are designed and built to be towed by standard passenger vehicles including standard 4WD passenger vehicles. Cape will not warrant the RV if it is towed behind commercial trucks of any kind due to the hard suspension that is used to carry weight, not for towing.

3.3.  Exceeding the load limits for your RV will cause strain on parts of the RV. The advertised load limits are for a load distributed evenly across the RV. You may overload the RV at lesser weights if the weight is disproportionately placed in one part of the RV. You may not be able to claim for any failure or resulting damage caused or contributed to by such overloading.

3.4.  This warranty does not apply to any RV that has been subject to misuse, neglect or accident.

3.5.  This warranty shall not apply to normal maintenance items which are the owners responsibility, such as greasing wheel bearings, tightening wheel nuts etc. This also applies to the routine cleaning of filters such as in air conditioners and water pumps.

3.6.  Fabric items such as canvas canopies, window screenings, vinyl windows, cushions and mattress covers are not warranted against tears, punctures, shrinkage, softening, fading, or soiling but are warranted only against defective workmanship and material.

3.7.  Damage caused to tent sections, curtains or plywood finish by condensation being left untreated is not covered.

3.8.  The deterioration of sealants over time is not covered.

3.9.  This warranty does not apply to any defects in the aesthetics or physical appearance of the RV or to normal deterioration of the soft trim and appearance items due to wear and UV exposure nor to impact damage whether static or in transit.

3.10.             Cape is not liable for any alternative accommodation costs whilst assessment or repairs are undertaken.

3.11.             Cape RV’s have been designed and constructed for limited unsealed road usage. Gas venting regulations and other construction restraints limit the effectiveness of the RV’s against dust and water penetration. Under no circumstances should these RV’s be exposed to water crossing at or above body floor level.

3.12.             We strongly recommend towing at a safe speed according to travel conditions with extra care and attention required on uneven surfaces. Cape RV’s are not designed for use on four-wheel drive only tracks. Consequently, they should not be used on such tracks. The best and safest practice may be to leave your RV at base camp and explore the rough areas with your tow vehicle alone.

3.13.             This warranty does not apply to new RV’s purchased from us and then leased, hired or rented out. Hiring or renting your RV to third parties may negatively impact your ability to make claims for other supplied components (as listed in clause 4 Warranty on Supplied Components)

3.14.             Axle alignment and toe in adjustments will only be considered for warranty repairs within the 3 month/1000km of purchase date.

3.15.             Cape does not warrant for any failures or faults in camper tent sections or aluminium surfaces and joints if they have been subjected to after treatment (gloss finish protectants). This includes accidental contamination (for example: splashing or spray drift). Any such treatments or contaminants void Cape’s warranty on all affected parts

3.16.             Cape does not warrant damage or failures caused by the following:

3.16.1. After manufacture alterations: Cape does not approve of or authorise alterations to the RV. Consequently, Cape does not provide advice on proposed alterations.

3.16.2. Accident, theft or fire.

3.16.3. Stone strike, hail, windstorm, lightening, external fire or unusual environmental conditions.

3.16.4. Water ingress from floods or deep-water fording.

3.16.5. Rust.

3.16.6. Wheels and tyres.

3.16.7. Paint.

3.16.8. Travel covers and straps.

3.16.9. General consumables (e.g. bearings, light bulb, circuit breakers/switches etc)

3.16.10.               Zips, mesh or screens

3.16.11.               Wheel alignment if affected by hard impacts

3.16.12.               Impact or stone damage to body, chassis and running gear.

3.16.13.               Soiling of fabrics and internal fitments from dust or other airborne substances.

3.16.14.               Water damage due to creek crossings.

3.16.15.               Movement or damage caused by dislodgement or appliances and fitting resulting from use on corrugated or uneven surfaces.

3.16.16.               Use on roads or tracks described above as not being suitable.

3.16.17.               General damages arising from misuse.

3.16.18.               Incursions by vermin or other pests.

3.17.             The warranty only applies to items sold as “new” and does not extend to any items sold via auction or labelled “factory seconds”, “ex-demonstrations” or “damaged”, unless specifically stated otherwise by Cape in writing.

3.18.             Any RV sold as “factory second”, “ex-demonstrator” or “damaged” are sold on an “as is” basis. Due to the nature of such items; ie. “factory second”, “ex-demonstrator” or “damaged”, it is reasonable to expect that some imperfections or flaws may exist even where it is not initially apparent. While we will notify you of any defects or damaged to such goods of which we are aware, you purchase the RV on notice that we may not be aware of all such defects and damage and that the price you pay for the RV included discounts to allow for the risk of you discovering further defects or damage.

4.    Warranty on Supplied Components

4.1.  Some of the equipment and fittings supplied with your RV (“components”) are not manufactured or imported by Cape. Instead these components are separately warranted by their individual manufacturer or importer. This may also be the case for products or options that you have chosen or specified.

Where this is the case for your RV, Cape has placed copies of the applicable warranties and owner’s manuals in your owner’s packet. Please take the time to read this material to ensure that you are familiar with the component’s operations, service procedures and warranty terms.

4.2.  The fittings and equipment that may be separately warranted could include, without limitation:

4.2.1.    Dometic Reverse Cycle Air Conditioner

4.2.2.    Enerdrive Chargers & Inverters

4.2.3.    Lithium Batterys

4.2.4.    Truma Gas/Electric Hot Water System

4.2.5.    Diesel Heaters

These separately warranted components are not covered by Cape warranty.

4.3.  Subject to any rights you may have at law which cannot be excluded, Cape assumes no responsibility or liability for defects in workmanship or operation of separately warranted products for which you have been provided with separate warranty statements.

5.    Owners Responsibility Under Warranty

5.1.  As an owner of a new Cape RV, you are responsible for regular and proper maintenance. This will help prevent conditions arising from neglect that are not covered by your Cape warranty

5.2.  If a problem arises, contact Cape to make an appointment.

5.3.  You must make the RV available to Cape for inspection and testing. If such inspection and testing find no defect in the RV, you must pay the dealer or agents the usual costs of service work and testing.

5.4.  Given the nature of the RV, you will bear the costs of transporting the RV to and from the dealer or agent. You must deliver the RV to the dealer or agent during business hours or at the agreed time.

6.    Making a Claim Under Warranty

If you purchased an RV which you believe is covered by warranty and you become aware of something you believe to be a defect or damage covered by warranty, then you should follow the process set out below to obtain the fastest response and greatest chance of having your claim approved:

6.1.  Contact Cape as soon as you become aware of the damage or defect. Contacting our office by phone or email as listed on Cape’s website. A warranty claim form will be provided to you by email or mail.

6.2.  Once we receive a completed warranty claim form, we will respond in one of three ways. We will either accept the claim, reject the claim, or ask for further information to allow us to decide whether to accept or reject the claim. If a claim consists of multiple parts, we may give different responses to different parts.

6.3.  If we accept a claim, we will notify you of the acceptance, and discuss with you how to remedy the claim. While we endeavour to accommodate your preferences in this process, we will generally provide our choice between repair works with our chosen repairer to the standard we deem reasonably remedies the accepted claim, replacement goods, or a refund.

6.4.  If we reject a claim, we will notify you of the rejection and explain the reasons for the rejection. You may provide us with further information or explanations to appeal the rejection, but providing us with further information may not change the result; or

6.5.  If we have insufficient information to either accept or reject a claim, we will ask you to provide us with more information to allow us to make that decision. We may require any kind of information which we consider to be relevant to the decision, which may involve questions about the use of the products, photographs of the products, or about the maintenance history of the products. If you fail, neglect, or refuse to provide us with information which we reasonably require to process your claim, we may reject the claim on the basis of that lack of information.

6.6.  If you act or fail to act in a way which either prevents us from determining the true cause and extent of the subject of a claim, or which substantially constrains or limits our capacity to provide a remedy, this will adversely affect the handling of your claim. Examples of such conduct include:

6.6.1.    If you arrange for repair works before we can assess a product, we may not be able to determine whether the repair works were covered by a warranty, or may not be able to provide the appropriate remedy after those works;

6.6.2.    If you do not notify us of a claimable matter without delay, we will not be liable for damage caused by the delay, and we may not be able to determine the initial cause of the damage once time has aggravated it; and

6.6.3.    If you refuse to allow us to access the RV for the purposes of assessing a claim, we may reject the claim on the basis that we have insufficient information.

7.    Miscellaneous

7.1.  The law governing the Warranty Terms and Conditions and its interpretation is the law of Queensland.

7.2.  The unenforceability or invalidity of any terms in the Warranty Terms and Conditions shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid terms shall be regarded as removed from these Warranty Terms and Conditions to the extent of its unenforceability and invalidity. Therefore, Warranty Terms and Conditions shall be interpreted and enforced as if it did not contain the said term to the extent of its unenforceability and invalidity.

7.3.  The Warranty Terms and Conditions contain the entire Warranty Terms and Conditions between the parties about its subject matter. Any previous understanding, representation or statement made relating to that subject matter is replaced by these Warranty Terms and Conditions and has no further effect. Cape makes no express warranties or representations other than set out in this warranty.

7.4.  The repair or replacement of the RV or part of the RV is the absolute limit of Cape’s liability under this warranty.

7.5.  To the greatest extent permitted by law, Cape shall not be liable for consequential or special damages of any kind, including aggravated, punitive, or exemplary damages. Without limiting the generality of this clause, Cape’s liability shall be limited in all cases to the original amount paid for the RV.