CUSTOMER SERVICE CHARTER

1.1 Contact the team at your preferred Jaguar retailer to detail your concern. If you have any queries, in most cases, the retailer will be best placed to resolve your concerns and will do so in a timely manner. You can find an authorised Jaguar retailer using the below link:

https://www.jaguar.com.au/retailer-locator/index.html

1.2 If not, ask to speak with the appropriate Jaguar retailer manager (e.g. Service, Sales or Parts). Explain your concern to them, and why you feel it was not resolved.

1.3 If you need further help, ask to speak with the Dealer Principal of the retailer. The Dealer Principal is responsible for the overall operation of the retailer.

1.4 While JLR Australia can help at any stage with queries or provide other advice or assistance, concerns relating to your vehicle are easier to solve if you have first detailed your concerns with your Jaguar retailer.

1.5 If you need help from JLR Australia, you can contact the Customer Relationship Centre (CRC) using the below details:

Email:   crcau@jaguarlandrover.com

Jaguar:  1300 787 803

1.6 Upon contacting the CRC, you will be assigned a CRC Case Manager who will explain how your case will be managed.

Your Case Manager will require the following details to progress your complaint:

•  Your name, address, phone number, and email;

•  Vehicle Identification Number (VIN) and/or your vehicle registration number;

•  Name of the retailer from whom you purchased your vehicle, the name of the retailer to whom you presented your vehicle (if the two retailers are different), and with whom you have been dealing at that retailer;

•  Proof of ownership (if not the original owner);

•  Service/repair records (if servicing at an independent (non-authorised Jaguar service centre)); and

•  Details of your concern.

1.7 Your Case Manager is here to assist you. They may contact your retailer to gather additional details and engage the JLR Australia Technical team for an expert review of your vehicle history/concerns, and any other internal departments as may be required.

1.8 If you are not satisfied with how your Case Manager handles your case, you can request for your complaint to be escalated. The CRC will work with you to address your complaint in a satisfactory manner, which will enable the CRC to resolve your original concerns in a timely manner.

1.9 If you request a repair to your vehicle, or contribution to the payment of the cost of a repair, your request will be handled by your Case Manager. This will involve liaising with the retailer, and in some cases the JLR Australia Technical and Warranty teams. This process can take some time to review depending on the nature of the repairs, and if our teams require more information to assist you in achieving the best outcome possible. Your Case Manager will provide you with updates on how this is progressing and is your contact point on behalf of JLR Australia.

1.10 If your request is approved, your Case Manager will liaise with your retailer to organise the repair, or contribution to the repair, on behalf of JLR Australia. Your Case Manager is not trained to provide technical assistance or advice, unlike the Service team at your retailer, who are in the best position to advise of the outcome of any requests for repairs, or contributions towards repairs. The Service team at your retailer will be able to answer any questions you may have relating to the nature of the repairs and the time for repairs to be completed.

1.11 Similarly, there may be times where JLR Australia will be unable to provide you with the level of support you have requested. JLR Australia will do everything in our power to stand by our loyal customers and our product. There are a variety of reasons why we may be unable to support a request, but rest assured, in the event we cannot provide the level of support you were expecting, we will advise you of the reasons. In these situations, the Service team at your retailer will be in the best position to explain the outcome from a technical perspective. If, however, you have any follow up questions, you are more than welcome to contact your Case Manager.

1.12 If you request a refund of the purchase price for your vehicle, a replacement vehicle, compensation for the loss in your vehicle’s value, or compensation for any reasonably foreseeable losses or damage, your Case Manager will escalate your request for investigation and review with JLR Australia management teams and it will be assessed in accordance with your rights and our obligations under the ACL (in addition to any warranty you may have). To ensure that we are conducting a fair and accurate review of your case, please allow our team up to ten (10) business days to provide you with a substantive response. In the event our team requires more time, you will be contacted with an update to your case, the reasons why we require additional time (which may include a physical inspection of your vehicle by our Technical team), and the expected timeline for an outcome to be provided to you. Once this assessment has been completed, your Case Manager will confirm the outcome to you in writing, In the event your request is denied, you will be provided with written reasons for the decision.

1.13 We are confident that the above process will result in an appropriate outcome in accordance with your rights under the ACL and/or any applicable warranty. However, if you remain not satisfied with our assessment of your elected remedy despite following all appropriate escalation avenues within JLR Australia, it is of course open to you to pursue your claim via your local consumer affairs authority/ombudsman or through a tribunal or court, and you may wish to seek independent legal advice about these options.

JLR Australia is committed to complying with the ACL, including the consumer guarantees. Below is a general guide of your main entitlements under the ACL consumer guarantees as they relate to owning a Jaguar vehicle, and outlines our process for handling customer concerns (as outlined above) in line with our ACL obligations.

Under the ACL, when you buy products and/or services, they come with statutory guarantees that they will work and do what you asked for, under what is referred to as Australia’s consumer guarantee rights.

If something goes wrong with your vehicle, you may be entitled to a remedy under the consumer guarantees, as well as the manufacturer’s warranty or any extended warranty you may have.

Your statutory consumer guarantee rights cannot be replaced, limited or removed by any agreement, contract or warranty, or made subject to non-disclosure conditions.

They apply to vehicles for an unspecified but reasonable time and are subject to certain exceptions (i.e., if the reason for the damage is due to abnormal customer use, lack of required maintenance, etc).

The consumer guarantees include that your vehicle must:

•  be of acceptable quality (that it is as safe, durable, free from defects, acceptable in appearance and finish, and does everything that it is commonly used for as a reasonable consumer fully acquainted with the state and condition of the vehicle would regard as acceptable);

•  be fit for any purpose disclosed by JLR Australia or the retailer before the sale;

•  match the description provided and/or the corresponding demonstration model; and

•  have spare parts and repair facilities available for a reasonable period of time, unless JLR Australia or the retailer has informed you otherwise prior to your purchase.

Guarantees as to title, undisturbed possession and that the vehicle is free from any undisclosed securities also apply, subject to certain exceptions.

The consumer guarantees apply regardless of whether or not an independent repairer (i.e. a non-authorised Jaguar retailer) services or repairs your vehicle. This however does not negate the need for your vehicle to be serviced and/or repaired in accordance with the manufacturer's repair procedures, using the correct fluids, genuine parts, and adherence to the manufacturer's scheduled service intervals.

You can find more information about your ACL rights by visiting the ACCC’s website below:
 

www.accc.gov.au/consumerguarantees.

Manufacturers and retailers must honour your consumer guarantee rights regardless of any commercial warranties they give or sell you.

Rights you have under your JLR Australia New Vehicle Warranty and any extended warranty which you may have are in addition to your rights under the ACL.

This means that if there has been a failure to meet one of the consumer guarantees, you may still be entitled to a repair, a replacement vehicle, a refund, compensation for the reduction in value, and/or compensation for reasonably foreseeable losses or damage, whether or not the vehicle is within or outside the manufacturer’s warranty.

If your vehicle fails to meet a consumer guarantee, you have rights against whoever supplied you the vehicle (i.e. the selling retailer, including a non-authorised Jaguar retailer), and in some cases against the manufacturer (i.e. JLR Australia, as the importer and distributor of Jaguar vehicles in Australia).

If you pursue your claim via the supplier, you may be entitled to a repair of your vehicle at no cost to yourself, a replacement vehicle, a refund of the purchase price of the vehicle, compensation for a reduction in the vehicle’s value, and/or any reasonably foreseeable losses or damage if your vehicle fails to meet the consumer guarantees. The remedy you are entitled to, and who chooses the remedy, will depend on whether the failure of the consumer guarantee is regarded as a major or minor failure.

If you pursue your claim via JLR Australia, you may instead choose to make a claim for damages for any reduction in the value of the vehicle resulting from the failure to comply with the consumer guarantee and for any other reasonably foreseeable loss or damage arising because of the failure to comply with the consumer guarantee.

This type of failure happens when your vehicle:

•  is unsafe;

•  departs from the description or sample model;

•  is substantially unfit for a common or other specifically disclosed purpose, and cannot be easily repaired within a reasonable time;

•  a reasonable consumer would not have bought the vehicle knowing the nature and extent of the failure;

•  cannot be fixed, or it is too difficult to fix within a reasonable time (e.g. although the issue with your vehicle is minor in nature, it cannot be repaired, or it is too difficult to repair, within a reasonable time); or

•  there is a combination of two or more minor failures (e.g. your vehicle has had repeated issues over a period of time, which collectively demonstrates that the failure cannot be easily remedied or within a reasonable time).

5.1  Type of remedy

In the event of a major failure, you as the consumer choose your remedy from the selling retailer.

You can ‘reject the vehicle’ (which requires you to return it to the selling retailer) and choose between a repair, a replacement vehicle, or a refund of the purchase price. You should clearly advise the selling retailer who sold you the vehicle if you intend to reject it, and explain your reasons for rejecting the vehicle – e.g. the vehicle is not drivable, or the vehicle was not repaired within a reasonable time, etc. Alternatively, you can choose to keep the vehicle and seek compensation for a reduction in the vehicle’s value.

You may also be able to recover ‘reasonably foreseeable’ losses or damages you suffered from the supplier that sold you the vehicle.

This is in addition to your option of bringing a claim for damages directly against JLR Australia.

This type of failure happens when:

•  your vehicle has a minor issue that does not fit within one of the above categories of "major failure;" and

•  the issue can be fixed, or the problem can be resolved, within a reasonable time.

6.1  Type of remedy

The supplier who sold you the vehicle, sometimes in consultation with the manufacturer, chooses the remedy.

The type of remedy will usually be providing a repair to your vehicle. In some cases, this can also include offering to replace your vehicle, or offering you a refund of the purchase price or an amount to compensate for a reduction in the value of the vehicle arising because of the minor failure.

Any repairs must be done within a reasonable time and without charge to you.

If the repair is not completed within a reasonable time, or it turns out that it is not possible to repair the issue, then the failure would be considered a major failure. Refer to the above section regarding remedies for major failures. 

The consumer guarantees are subject to certain exceptions. For example:

•  Certain guarantees (including the guarantee of acceptable quality) do not apply where you purchased your vehicle:

          o  as a one-off sale by a private seller; or

          o  by way of ‘sale by auction’.

The guarantee of acceptable quality does not apply if:

•  you or another third party caused the vehicle to become of unacceptable quality;

•  you used your vehicle abnormally;

•  you examined the vehicle before you purchased it and this examination should have revealed that it was not of acceptable quality; or

•  if the retailer alerted you to the defect before you purchased the vehicle.

In relation to the remedies available for major failures, please note that you cannot reject your vehicle and exercise your consumer guarantee rights to a remedy under certain circumstances including if:

•  the rejection period has passed (being the period of time from when you purchased the vehicle within which it would be reasonable to expect the relevant failure to comply with a consumer guarantee to become apparent);

•  you have lost, destroyed or disposed of your vehicle; or

•  your vehicle was damaged after being delivered to you for reasons not related to a fault in your vehicle, including but not limited to events beyond the supplier's or manufacturer's control (e.g. hail damage, not servicing your vehicle correctly, etc). 

We are confident that the processes we have in place as outlined in this guide will result in the best outcome in accordance with your rights under the ACL and/or any applicable warranty.  However, if you believe that we have not complied with our obligations under the ACL, we welcome your feedback by contacting us directly via our CRC. We take our obligations, and your rights, very seriously.

If you remain not satisfied with our assessment of your elected remedy despite following all appropriate escalation avenues within JLR Australia, it is of course open to you to pursue your claim via your local consumer affairs authority/ombudsman or through a tribunal or court, and you may wish to seek independent legal advice about these options.