This Agreement is governed by and construed under the law in the State of Queensland.
Any legal action in relation to our products or services may be brought in any court of competent jurisdiction in the State of Queensland.
TREK 4×4 warrants Avenger Top canopies purchased from TREK 4×4 for a period of 12 months from date of delivery to the original purchaser. Warranty is not transferable from the original purchaser and cannot be claimed by third parties.
All warranty work MUST be carried out by TREK 4×4 or a representative assigned by TREK 4×4 at their premises.
Ute Canopy – driving with doors or windows in open position is not recommended.
Unless otherwise stated, our products are warranted to be free of material defects and workmanship while in the legal possession of the original owner. Any items considered to be defective should be returned to TREK 4×4 for inspection at the purchases expense.
All products finishes, including polishing; powder coating; etc are not subject to this warranty.
Exclusion from warranty; our company does not warrant that the products sold by the company comply with the laws of the country in which they are purchased or used. It is the sole responsibility of the Purchaser to ascertain whether products comply with local laws.
We shall not be liable for any other claim including claims arising from incorrect fitment, product modification, and fault design, the use of the product and any indirect special or consequential damage or injury to any person, company or entity.
The warranty is excluded if any product sold by us is modified in appearance (including custom fitting in any way) or operation without express written consent by us.
Warning: Some Vehicles are equipped with Airbags. The installation of our products could alter the vehicles crumple zone and operational characteristics of the airbag.
Rights reserved: Due to the continuous changes and modifications, the information, products, specifications and the range contained in our sales is subject to change without notification.
In this clause, unless context requires otherwise, “delivery” has the meaning given to that term in the Sale of Goods Act 1896 (Qld) and occurs when:
The delivery times made known to the Buyer are estimates only and TREK 4×4 is not liable for late delivery or installation.
TREK 4×4 will not be liable for any loss, damage or delay occasioned to you arising from late delivery or late installation of the Goods.
Where TREK 4×4 is required to send the goods to you, you authorise TREK 4×4 to engage Toll Logistics ( or other Freight Carrier ) to act as your carrier on its standard terms and conditions.
TREK 4×4 is not responsible to you for any loss or damage to goods in transit caused by any event of any kind or by any person (whether or not the TREK 4×4 is legally responsible for the actions of that person).
In the event that the goods are damaged or lost in transit, TREK 4×4 will provide you with such assistance as may be reasonably necessary to institute claims against a carrier for damages to goods in transit so long as you:
1.have notified TREK 4×4 and the carrier in writing immediately after damage is discovered on receipt of goods; and
2.serve a claim for compensation on the carrier within 3 days of the date of receipt of the goods.
Suggested method of claim ‘damaged in transit’ 1.Pictures of the boxed item and damage 2.Unbox the item with a member of the Freight staff present 3. Take pictures of the damaged points, also take note of the Freight staff contact details. 4. Engage the Claims Department of the Logistics Carrier. Note: if the item is taken away offsite from the freight carrier it is very difficult to lodge a claim, as it is unclear as to where the freight damage occurred.
For the removal of any doubt, TREK 4×4 will not be liable for any loss or damage caused to, or by the goods, during installation by you or any third parties following delivery, including installation by you or a third party at TREK 4×4’s place of business.
When an item is ordered at the specific request of a customer for example a colour that is not in general stock, an older make and model that is not generally stocked or our Workstyle Canopy which is always ordered by request and if the item is not collected within 10 days of its arrival the deposit associated with the purchase is forfieted to compensate Trek4x4 for the purchase of an item that is not part of its general stock allocation.
Any alterations to the original product will void the standard warranty. Our canopies and ute drawer systems are produced in a World Standard ISO 9001;2008 TUV CERTIFIED FACTORY. As such all efforts are made to ensure the product is produced at a very high standard. Works completed outside of this plant for instance customising roof bars or paintwork that has not originated from the factory in its original form compromises the product.
The additional works that are completed as a customisation are done outside our factory and therefor outside our control. As such this voids the warranty.
The following items need to be attended to on a regular basis. More frequent service in severe off-road conditions.
Once an invoice is raised either to hold an item that is in stock or if an item is ordered as the expressed request of the client – Trek4x4 will contact the client – a minimum 2 phone call and or e mails requesting the outstanding balance payment.
If the payment has not been made, the item will be considered as abandoned and we reserve the right to sell the item.
The deposit amount will be forfeited to TREK4x4. We encourage clients to contact us with regards to balance payments.