Terms of Sale
- Definitions
1.1. “Equipment” means any equipment, parts and accessories that you buy from us.
1.2. “Manuals” means the Owner’s Guide and User Manual and such other manuals and documentation in respect to the Equipment that we may provide to you.
- General
2.1. These Terms of Sale apply to the sale of Equipment to you. All sales by us to you shall be subject to these Terms of Sale.
2.2. By placing an order on our website, or by using the Equipment, you shall be deemed to have accepted these Terms of Sale.
- Delays
3.1. Lead times will vary. Contact us if you need to know in advance how long it will take to receive the Equipment.
3.2. We shall not be liable for any failure or delay in delivery resulting from circumstances beyond our reasonable control. Such circumstances include, without limitation: Unavoidable delays in production; delays by suppliers; shortages of raw materials; strikes and labour unrest; shipping delays; delays in procuring any required import/export documentation; war; government intervention; fire; flood; accident; natural disaster; or any other event commonly referred to as an “Act of God”.
- Price
4.1. Our prices are based upon current costs. We may change our prices at any time.
4.2. Our prices do not include any applicable taxes.
- Tow-Ball Compatibility
5.1. If the trailer hitch on your vehicle has a tow-ball, you are responsible for making sure that its size is compatible with the trailer tongue, (i.e. coupling) on our Equipment. Our Equipment comes with standard couplings for towing light loads. They are compatible with either a 50mm tow-ball or a 1 7⁄8” tow-ball. You must specify your tow-ball size when placing your order. If you are not sure whether the tow-ball on your vehicle is compatible with the Equipment you wish to purchase, contact us for advice before making your purchase.
- Inspection
6.1. You shall visually inspect the Equipment for any obvious evidence of defects.
6.2. For any defect that you could have reasonably discovered through prompt visual inspection, you must give written notice to us of such defect within seven days after receipt of the Equipment. Otherwise, you shall have waived your right to make a warranty claim in respect to such defect.
- Assembly
7.1. To reduce packaging and freight costs, the drawbar is not attached to the Equipment. Assembly of the drawbar to the Equipment is your responsibility. The Equipment is designed for easy assembly by persons who are reasonably familiar with farm implements and machinery. We accept no liability for damages resulting from faulty assembly.
- 10 Day Money Back Guarantee
8.1. If you are not completely satisfied with your purchase, where by the machine sold is not fit for purpose as described by this website, with written confirmation of the individual described purchase requirement, further to interaction with the dealer, you may return the Equipment to us within 10 days after delivery and we shall promptly refund the purchase price.
8.2. To return the Equipment, you must contact us within 10 days after delivery and request a Return Authorization Number. We shall give you delivery instructions.
8.3. You must return the Equipment to us in its original condition. The Equipment must be unsoiled, undamaged and in a resalable condition (or we shall deduct costs for cleaning and repairing the Equipment from your refund).
8.4. You shall deliver the Equipment to us at your risk and cost. We accept no responsibility for loss or damage to the Equipment.
8.5. You shall adequately pack the Equipment and ship the Equipment, freight prepaid, to our warehouse.
8.6. This is valid for purchases made directly from this website only
8.6. Subject to our 10 day money back guarantee, all sales are final.
- Warranty
9.1. All Equipment is sold subject to our standard limited warranty. A copy of such warranty is contained in our Manuals, posted on our web site and is also available from us upon request. We make no other warranties, whether expressed or implied.
- Use of Equipment
10.1. You accept responsibility for the use of the Equipment by yourself, your employees and your agents, all of whom must be appropriately trained and experienced and must have read the Manuals. You accept responsibility for ensuring that all users of the Equipment receive appropriate training.
- Technical Advice
11.1. Where we give technical advice, we do so to provide helpful suggestions only. We have not inquired, nor do we know, all of your unique circumstances to make a professional judgement. We assume no obligation or liability for any technical advice so given. You accept such technical advice entirely at your own risk. You shall use your own judgement and not rely upon ours.
- Changes to Equipment Design or Specifications
12.1. Because we are continually improving and upgrading the Equipment, the specifications, dimensions and information in our Manuals are subject to change. We do not warrant that the Equipment conforms to any specific design or sample. We reserve the right to alter the Equipment’s dimensions, drawings, specifications, designs, materials components and construction methods. We may also substitute components or materials for any that are unavailable or in short sup-ply. We may do so without notice. Any such alterations shall not impose on us an obligation to alter Equipment that we have already de-livered to you.
- Liability
13.1. You shall strictly comply with the installation, operating, care and maintenance, trouble shooting, warnings and safety procedures in our Manuals. We shall not be liable for any costs or damages incurred by you as a consequence of your failure to so comply with such Manuals. We shall not be liable for incidental, special, indirect or consequential damages of any kind. Without limiting the generality of the foregoing, we shall not be liable for damages for personal injury, property damage, loss of operations, loss of profits, loss of product and loss of time, whether incurred by you or a third party. In any event, our liability, whether in contract, tort or otherwise, shall not, in the aggregate, exceed the purchase price of the Equipment giving rise to such liability.
13.2. Some jurisdictions do not allow certain types of disclaimers or may limit the scope of such disclaimers. Therefore, the above disclaimers, limitations and exclusions may not apply in certain jurisdictions in which we sell our Equipment. As to such jurisdictions, clause 13.1 shall be deemed modified, and the offending sentence amended or removed, but only to the extent necessary to bring such clause into conformity with the laws therein.
- Invalidity
14.1. In the event that any clause in these Terms of Sale is invalid or unenforceable under the laws of the relevant jurisdiction, such clause shall be amended, but only to the extent necessary to make it valid and enforceable under such laws. If amendment is not possible, such clause shall be stricken from these Terms of Sale. However, the balance of these Terms of Sale shall continue in full force and effect as stated herein.
- Governing Law
15.1. The laws of Australia shall govern