This E-Warranty Cover Note is issued subject to the following declaration and acceptance of the following terms and conditions provided/issued by WHEEL GUARD AUTO MANAGEMENT SDN BHD (“Wheel Guard”) to the Customer:-
(a) the Customer declares that the above details are correct and shall submit all necessary documents and information (if required) to verify the aforesaid;
(b) the Customer hereby agrees and declares that the Customer had read, understood and agreed to the terms and conditions of the MBW which warranty coverage extends on to the Parts Under Warranty (as described below) of the Vehicle and that stipulated on website www.wheelguardauto.com and that MBW’s coverage shall be subject to the maximum per claim limit of up to the coverage purchased by the Customer; which was clearly explained to the Customer;
(c) the Customer hereby agree and declare that the Vehicle has been regularly serviced/maintained in the preceding last 12 months, that the Parts Under Warranty was not involved in any collision or motor accident in the preceding last 12 months;
(d) if the Customer’s declarations here is false or if the Customer fails to adhere to any of the above terms and conditions and/or in the event of the followings, this E-Warranty Cover shall become voidable and invalid:-
– with fully synthetic engine oil change every 6 months/10,000 km; OR with semi synthetic engine oil change every 3 months/5,000 km; AND
– transmission/gear oil change every 12 months/20,000 km, whichever comes first [collectively “Recommended Service Interval”] within a tolerance of 500 kms either side of the Recommended Service Interval or within 10 days either side of due date;
(ii) when the Customer fails, neglects and/or ignores to seek any Warranty Benefit for the Vehicle within seven (7) days from the date of a malfunction/breakdown to the Vehicle’s Parts Under Warranty;
(iii) when the Customer had excluded this MBW+ warranty coverage on the Vehicle pursuant to the Exclusion Clauses stipulated in Clause 13 of the Additional Terms and Conditions (stipulated below) which includes but not limited to any accident claim and/or attempt of modifications to the Vehicle and/or non- disclosure and/or fraud and/or misrepresentation and/or undue influence by the Customer.
(e) notwithstanding anything to the contrary, the Customer hereby irrevocably agree and declare that, this MBW+ warranty coverage shall only provide warranty coverage to Repair (i.e. repairs and/or replacement of malfunctioned parts) of the Vehicle’s Parts Under Warranty and no other parts of the Vehicle.
(f) the Customer hereby agree and declare that, in the event the Customer seek the Warranty Benefit, all approved Warranty Benefit on the Vehicle must be carried out at Wheel Guard’s authorized panel workshop upon sending the Vehicle to the said workshop and submitting directly to our office a Warranty Assessment Form and Further Agreed That this form together with the aforesaid terms and conditions shall be deemed the Service Contract for the Vehicle, subject always that this MBW+ warranty coverage shall have a Cooling Period of 45 days / 3,000km on the odometer reading (whichever later) – within which period the Customer shall not be entitled to claim any Warranty Benefit from Wheel Guard over the Vehicle’s Parts Under Warranty.
(g) the Customer hereby declares and consents for Wheel Guard Auto Management Sdn Bhd to receive, collect, compile and use the Customer’s and the Vehicle’s information in accordance with the Personal Data Protection Act 2010 for this MBW+ warranty coverage.
MOTOR BREAKDOWN WARRANTY+ (MBW+) ADDITIONAL TERMS & CONDITIONS
1. This Motor Breakdown Warranty+ [“MBW+”] by Wheel Guard Auto Management Sdn Bhd (901915-D) [“WHEEL GUARD”] is a commitment to perform the repair and/or replacement [“Repair”] on the Parts Under Warranty [“Parts Under Warranty”] stipulated on this E-Warranty Cover Note of a used or reconditioned car [“Vehicle”] owned by a Customer subject always that the Vehicle is registered less than 9 years with JPJ or having done less than 150,000km odometer reading (whichever higher), at the date the Customer applies for the MBW [“E-Warranty Cover Note”].
2. This E-Warranty Cover Note must be submitted by the Customer to WHEEL GUARD, with the declaration herein and all necessary information and documents. All information and documents presented by the Customer to WHEEL GUARD must be full, correct and truthful. To enable WHEEL GUARD to assess the E-Warranty Cover Note and prior to approving the Customer’s E-Warranty Cover Note.
3. The Customer may either submit the E-Warranty Cover Note directly to WHEEL GUARD and/or through WHEEL GUARD’S authorized and appointed marketers [“Marketers”] subject always that all payments of the Warranty Fees has been received by WHEELGUARD either directly or through the Marketer.
4. In consideration of the Customer having paid in advance to WHEEL GUARD the prescribed fees [“Warranty Fees”] in full which is stipulated to the Customer in this E-Warranty Cover Note, WHEEL GUARD hereby warrants to perform the Repair on the Parts Under Warranty, throughout a period of one (1) year or 25,000km done by the Vehicle (whichever the earlier) [“Warranty Period”] from the date of this E-Warranty Cover Note in accordance with the terms and conditions herein stipulated. The Repair shall be performed on the Parts Under Warranty once the Parts Under Warranty suddenly and unexpectedly malfunctions and/or fails to function due to any form of mechanical, electrical or electronic fault [“Mechanical and Electrical Breakdown”] unless the Mechanical and Electrical Breakdown is excluded in Clause 16 hereof.
5. This E-Warranty Cover Note is issued subject to the full payment of the Warranty Fees is received by WHEEL GUARD within fourteen (14) days from the date of this E-Warranty Cover Note, SUBJECT ALWAYS to the terms and conditions herein. WHEEL GUARD shall issue a service and maintenance form [“Maintenance Kit”] to the Vehicle which shall be strictly followed by the Customer in carrying out the Maintenance only at a service centre of his/her/their choice [“Repairer”] at the Recommended Service Interval.
6. This MBW+ warranty coverage shall only be valid and binding upon WHEEL GUARD receives full payment of the Warranty Fees (less commission if any) upon issuance of this E-Warranty Cover Note.
7. All of the overall cost of the Maintenance must be solely borne by the Customer and carried out at the Recommended Service Intervals. All such Maintenance must be duly recorded on the Maintenance Kit at the Repairer, stamped and authenticated by their authorized personnel. Failure to carry out such Maintenance on the Vehicle will render the MBW+ warranty coverage voidable and invalid. In the event of discrepancy between the Maintenance Kit and the record kept at the Repairer, the record kept by the Repairer shall prevail.
8. In event of a Mechanical and Electrical Breakdown that may give rise to a Repair, the Vehicle must be presented and sent to WHEEL GUARD’s authorised panel workshop [“Panel Repairer”] within seven (7) days of the happening of such event to enable the Repair to be carried out on the Parts Under Warranty [“Warranty Benefit”] subject always that WHEEL GUARD’s maximum liability per claim/aggregate coverage limit sum is equivalent to this MBW+ Coverage Limit purchased/subscribed by the Customer as stipulated in this E-Warranty Cover Note [“Warranty Limit”]. This MBW+ warranty coverage shall automatically expire and lapse on the Expiry Date.
9. The Customer is required to call WHEEL GUARD during office hours (business days only from Monday to Friday, 9am to 5pm) and WHEEL GUARD’s representatives will assist to ensure the Warranty Benefit is carried out. For this purpose, the Customer must submit to WHEEL GUARD our standard Warranty Benefit Assessment Form [“Assessment Form”] duly signed by the Customer.
10. No Repair may be undertaken or carried out under this MBW without the request/signature by the Customer and prior written approval of WHEEL GUARD on the Assessment Form. WHEEL GUARD reserves the right to examine and inspect the Vehicle based on the Assessment Form at any time and place. In the event the Panel Repairer determines in the Assessment Form the operation, existence and presence of circumstances stipulated in the Exclusion Clause namely Clause 13 hereof, the Assessment Form shall be rejected by WHEEL GUARD [“Rejected”] and this MBW+ warranty coverage shall forthwith be terminate.
11. Based on the Assessment Form, irrespective whether the faulty or malfunctioning part or component can be determined by the Panel Repairer prior to dismantling the Vehicle:-
(i) WHEEL GUARD will Repair the faulty or malfunctioning Parts Under Warranty as determined by the Panel Repairer unless Rejected;
(ii) the Customer shall bear the cost of repairing and/or replacing the faulty or malfunctioning part/parts of the Vehicle that is/are other than the Parts Under Warranty [“Parts Not Under Warranty”] as determined by the Panel Repairer including the cost of dismantling and re-assembling the Vehicle;
(iii) WHEEL GUARD reserves the right not to carry out the Repair in the event the eligibility conditions hereinabove has not been complied or if the Customer had made this Agreement voidable and invalid in accordance with the terms herein;
PROVIDED ALWAYS THAT if the Vehicle has irregularities recognized as not affecting the quality or function of the Vehicle and/or the Parts Under Warranty, such as noise or vibration or harshness and defects appearing only under particular or irregular operations especially on the Parts Under Warranty which has a noisy or vibrating or harsh, such irregularities and noise or vibration or harshness are deemed non-repairable and shall not be subjected to any Repair and clause 13
(vi) hereof shall apply to exclude WHEEL GUARD’s liability and responsibility under the MBW+ warranty coverage.
12. This MBW+ warranty coverage cannot be cancelled, sold and transferred by the Customer and no part of the Warranty Fees shall be subject to any refund or deduction under any circumstance whatsoever.
13. Notwithstanding the Customer having purchased this MBW+ warranty coverage for the Vehicle, WHEEL GUARD hereby excludes contractual, negligence and warranty liability of a Mechanical and Electrical Breakdown occurring to the Parts Under Warranty where the Vehicle has been subjected to the following circumstances either arising directly or indirectly or caused by or contributed to or arising from or consequence where:-
(i) the Vehicle was used for racing, competitions, rallies, motor sporting events or for a purpose for which it is not licensed or off-road use, rental, hire to the public, delivery, commercial including travel agency and rental vehicles of emergency purposes incases of fire, flood, war, natural disaster and etc. or having undergone repairs as a result of fluid seepage or pre-existing conditions;
(ii) the Vehicle’s odometer was broken, disconnected, altered or correct kilometres travelled cannot be readily determined;
(iii) the Vehicle was subjected to any alterations or modifications not approved by the manufacturer of the Vehicle [“Manufacturer”] or the use of lifting of any parts or accessories that do not conform with the Manufacturer’s specifications or modification of a component from the Manufacturer’s specification including any modifications done to the engine, turbocharger/supercharger, electronics etc., unauthorized modifications made to the Vehicle generally; altered serial numbers; failure to follow Manufacturers’ instructions on installation, operation or Maintenance;
(iv) the Customer’s wrongful and untrue declaration under the E-Warranty Cover Note;
(v) Vehicle was subjected to any collision or accidents, vandalism, neglect, abuse, fire, theft, burglary, flood, contamination, fluid intermix, sludge, corrosion, misuse, animal and insect infestation, acts of god (including without limitation, events such as earthquake, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion), incorrect installation, improper repair/service by other workshop, technician negligence or the failure to protect from further damage or other casualty, loading beyond the specified Vehicle weight rating or losses that would be covered under the Vehicle’s Motor Insurance Policy;
(vi) the Vehicle was subjected to any overheating, freezing or the lack of any necessary or proper amounts of lubricants or coolants, no proper or irregular Maintenance has been carried out on the Vehicle, abuse or the continued use of the Vehicle after a Mechanical and Electrical Breakdown has become evident and repairs necessitated by accidental or intentional physical damage, spilled liquid, failure caused by a voltage converter and /or applying incorrect voltage to the Vehicle;
(vii) the Vehicle has irregularities recognized as not affecting the quality or function of the Vehicle and/or the Parts Under Warranty, such as noise or vibration or harshness and defects appearing only under particular or irregular operations especially on the Parts Under Warranty which has a noisy or vibrating or harsh component;
(viii) all wear and tear of the vehicle’s components and parts especially when the Vehicle has gradual reduction in operation performance commensurate with age and mileage covered by the Vehicle under normal wear and tear or deterioration; (ix) the Vehicle’s software (including operating system and any stored data) being defective and resulting directly from improver software installation and/or removal, computer virus, virus prevention, and other peripherals;
(x) the Vehicle being exposed to any kind of liabilities from third parties, war, nuclear radiation, pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds;
(xi) consequential damage to the Parts Under Warranty due to the Customer ignoring or neglecting to repair and/or replace any parts/components of the Vehicle (whether part Under warranty or otherwise) which are faulty/malfunctioned or malfunctioning; which the Customer is supposed to have known and/ or taken notice resulting in the Customer taking absolute risk over the said faulty/malfunctioned and/or malfunctioning Parts Under Warranty; and
(xii) consequential damage to the Parts Under Warranty due to the Customer not carrying out the required and timely Maintenance at the Recommended Service Intervals under any condition whatsoever.
PARTS UNDER WARRANTY
14. In the event of Mechanical & Electrical Breakdown, WHEEL GUARD only covers/assumes liability on the Parts Under Warranty of the Vehicle as stated in this E-Warranty Cover Note and no other components or parts PROVIDED ALWAYS THAT all Parts Under Warranty shall only be replaced wholly if the Repair of an internal part/parts of the Parts Under Warranty is not possible as determined by the Panel Repairer or WHEEL GUARD and PROVIDED FURTHER THAT the replaced Parts Under Warranty may either be new or original or non-original manufacturer’s parts or used parts that conform to the Vehicle’s / Manufacturer’s specifications as determined by the Panel Repairer or WHEEL GUARD and thereafter the Vehicle’s spoilt or replaced Parts Under Warranty shall become the property of WHEEL GUARD. WHEEL GUARD shall not be liable to any consequential loss incurred by the Customer due to any delay in rendering the Repair and loss of use of the Vehicle during the period that the Vehicle is at the Panel Repairer and/or while waiting for the arrival of a replacement of the Parts Under Warranty from WHEEL GUARD’s supplier in the event the Warranty Limit is insufficient to bear the cost of the Repair, the Customer has an option to purchase any damaged/replaced Parts Under Warranty directly from WHEEL GUARD.
PARTS NOT UNDER WARRANTY
15. The following parts/components of the Vehicle are Parts Not Under Warranty within this MBW+ warranty coverage, including but not limited to:-
(i) all parts not stated, described and identified as Parts Under Warranty in clause 14 above;
(ii) paint work, bodywork, water ingress and corrosion, glass, lenses, trim, brightwork, door lock cylinders and airbags;
(iii) wheels, wheel balancing, tyres, exhaust system and catalytic converter;
(iv) engine tuning, cleaning of fuel lines, filters, nozzles, carburettors and pumps, drive belts that are not encased, impact or external damage, decarbonisation and failures caused by the build up of carbon deposits (including burnt valves);
(v) all wiper blades and rubbers, hoses, pipes and unions;
(vi) mountings (including engine mountings), tapings, supports, fixings and fastening devices that has been correctly or incorrectly serviced or replaced or is subject to routine servicing adjustments;
(vii) batteries, wires, terminals, reconnecting of disturbed electrical connections, lamps, bulbs, fuses, audio and in-car entertainment equipment and aerials and car telephones;
(viii) failure of clutch and brake materials due to wear, adjustments, alignments and any items associated with manufacturer’s recommended routine servicing or failures due to the lack of oils or coolant through neglect;
(ix) seals and gaskets that are subject to replacement or refitment as part of the normal service and/or maintenance schedule;
(x) fuel, chemical, materials, additives, hydraulic fluids, oils or grease;
(xi) the cost of normal servicing, serviceable parts and items and other items which can be expected to wear as part of their function;
(xii) the Vehicle’s entire software (including operating system and any stored data);
(xiii) the Vehicle’s entire Drive Train, Cooling System and Air Conditioning System.
16. All discrepancy arising out of MBW shall be referred to an independent adjustor appointed by WHEEL GUARD whose decision shall be final.
17. This MBW+ warranty coverage on the Vehicle shall terminate immediately with no refund or deduction of the Warranty Fees to the Customer upon the occurrence of any of the following events:-
(i) the occurrence of clause 12 (i.e. sale of the Vehicle);
(ii) the Vehicle is repossessed by the Vehicle’s financier;
(iii) the Customer’s failure and neglect to carry out the Maintenance and/or Repair as required under this terms and condition;
(iv) the Rejection of the Assessment Form;
(v) breach by the Customer of any of the clauses hereinabove; and
(vi) the Customer having made a successful claim.
18. The Customer may cancel this MBW+ warranty coverage by writing to WHEEL GUARD at any time after the issuance of the Cover Note but shall not be entitled to any refund or deduction of the Warranty Fees.
19. This Contract shall be governed construed and interpreted in accordance with the laws of Malaysia.
20. The terms and conditions hereto constitute the entire and whole agreement between WHEEL GUARD and the Customer and it is expressly declared that no variations hereof shall be effective unless made in writing and signed by both Parties.
21. Any term, condition, stipulation, provision, covenant or undertaking of this Contract which is illegal, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition, stipulation, provision, covenant or undertaking in this MBW+ warranty coverage.
22. Time wherever herein mentioned shall be of the essence of this Contract.
23. Any notice required to be given under any of the provisions of this Contract shall be in writing and signed by the parties and shall be deemed to have been sufficiently served on the other party if it is left at the usual or last known address or at the addresses above stated of the other party or sent by prepaid registered post to any of such aforesaid addresses and in the last mentioned case the notice or letter shall be deemed to have been served on the day on which the notice or letter would in the ordinary course be delivered.
24. This Contract shall be binding on the Parties hereto their executors administrators successors-in-title and permitted assigns.
25. No amendment modification or waiver of any provisions of this Contract nor consent to any departure therefrom by either party hereto shall be effective unless the same shall be in writing and signed by or on behalf of the other party hereto and any such consent and waiver shall only be effective in the specific instance and for the specific purpose for which it was given.
WARRANTY BENEFIT ASSESSMENT PROCEDURE (All terms in our terms and conditions are used for easy reference)
1. This MBW+ warranty coverage is valid, subsisting and not void at the time of the Mechanical & Electrical Breakdown, the Customer must submit the Vehicle to the Panel Repairer and a duly signed Assessment Form to WHEEL GUARD (together with information such as the Vehicle’s registration number, mileage, mechanical & electrical complaint and the Maintenance Kit), within seven (7) days from an event of a Mechanical and Electrical Breakdown.
2. The Customer had carried out the Vehicle’s Maintenance within the Recommended Service Interval at the Repairer.
3. The Warranty Benefit on the Mechanical & Electrical Breakdown must not be excluded under the Exclusion Clauses stipulated in Clause 13 and 17 of the terms and conditions of this Contract including but not limited to accident claim, modifications to the Vehicle, non-disclosure, fraud, misrepresentation, undue influence by the Customer in which case the Assessment Form shall be rejected by WHEELGUARD and thereafter this MBW+ warranty coverage shall become void.
4. The Warranty Benefit on the Mechanical & Electrical Breakdown must not be in respect of Parts Not Under Warranty as stipulated in Clause 15 of the terms and conditions.
5. Under the Assessment Form, the Customer shall authorize the Panel Repairer to open a job sheet and to have the Vehicle inspected and assessed by WHEEL GUARD.
6. WHEEL GUARD shall assess the Mechanical & Electrical Breakdown of the Vehicle and produce their findings to determine:
(a) the malfunctioned or faulty part or component of the Vehicle;
(b) whether the malfunctioned or faulty part or component of the Vehicle is a Part Under Warranty or a Part Not Under Warranty; and
(c) the operation or existence or presence of any circumstance excluding the Warranty Benefit as stipulated under the Exclusion Clauses appearing in Clause 13 of the terms and conditions.
7. Once WHEEL GUARD determines their findings, the Panel Repairer shall carry out the Repair on the malfunctioned or faulty part or component of the Vehicle in the following manner:-
(a) WHEELGUARD shall be responsible to Repair the Part Under Warranty, unless excluded under Clause 13 and 17 above, where WHEELGUARD shall supply to the Panel Repairer all part or component to Repair the Vehicle thereunder; and
(b) the Customer shall be responsible towards all other repairs to the Vehicle and pay for all Repair cost which are higher than the Warranty Limit (including both labour cost and/or parts cost).