Terms and Conditions

AG EQUIPMENT Online Terms and Conditions

AG EQUIPMENT (ABN 52 150 303 950)

 

  1. Application and Definitions
    1. You agree that these Terms and Conditions (Terms) shall apply to all transactions between AG EQUIPMENT PTY LTD (ACN 150 303 950) AG Equipment and You relating to the provision of goods and services, including all quotations, contracts, and variations.
    2. These Terms supersede all prior understandings, arrangements and agreements between AG Equipment and You. In the event that there is any inconsistency between these Terms and any other communication from AG Equipment, these Terms shall prevail unless otherwise agreed by AG Equipment.
    3. In these Terms:
      1. Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) as amended.
      2. Additional Charges means:
        1. fees or charges for additional work performed at the request of You or which is reasonably required as a result of your conduct, or which is reasonably required in addition to the work specified in any Quote, to supply the Goods or Services, calculated in accordance with AG Equipment's hourly rate specified in the Schedule (Hourly Rate);
        2. expenses incurred by AG Equipment, either at the request of You or as reasonably required to supply the Goods or Services, including but not limited to couriers, storage, insurance, messengers, shipping, and handling.
        3. Any delivery, shipping, or freight fees in relation to the Goods.
      3. Goods means any goods supplied by AG Equipment.
      4. PPSA means the Personal Property Securities Act 2009 (Cth) as amended.
      5. Quote means a written description of the Goods or Services to be provided, an estimate of AG Equipment’s charges for the performance of the required work and an estimate of the time frame for the performance of the work.
      6. Services means the services to be provided by AG Equipment to the Customer in the course of performing a Service call.
      7. Service call means any off-site maintenance in relation to the goods to be performed by AG Equipment or its affiliates, agents and/or employees.
      8. Unauthorized Repairs means any repairs to the Goods not performed or authorized by AG Equipment.
  2. Quotes
    1. AG Equipment may provide You with a Quote. Any Quote issued by the AG Equipment is valid for thirty (30) days from the date of issue or otherwise at the sole discretion of AG Equipment.
    2. AG Equipment reserves the right to amend any Quote at any time by notice in writing to You to take into account any rise or fall in the cost of supplying the Goods.
    3. Quotes may be accepted by You by signing the Quote and providing the signed Quote to AG Equipment or completing the purchase by making the relevant payment.


 Fees, charges and GST

    1. You agree to pay to AG Equipment the following fees and charges:
      1. all amounts payable for Goods and Services as specified in any Quote;
      2. all amounts payable for Goods and Services as specified in any Order;
      3. a deposit of the amount specified in the Quote or Order which is payable to AG Equipment, and which is not refundable but which shall be applied to amounts owed to AG Equipment by You for Goods supplied by AG Equipment from time to time;
      4. the Additional Charges.
    2. Where:
      1. AG Equipment is to purchase Goods from a third-party supplier on behalf of You, You agree to:
        1. pay to AG Equipment in full for such Goods and AG Equipment shall not be obliged to order such Goods until the Full Payment has been paid by You to AG Equipment.
      2. You agree that the Goods will not be refundable in any circumstances unless required by the Australian Consumer Law.
      3. Unless otherwise expressly stated, all prices quoted by AG Equipment are inclusive of goods and services tax (as defined by the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) as amended) (GST) unless otherwise stated.

 

  1. Invoicing and payment
    1. AG Equipment may in its absolute discretion issue a tax invoice to You at any time for Goods or Services supplied, or for a Good’s Deposit.
    2. You agree to pay any tax invoice issued by AG Equipment within seven (7) days from the date the tax invoice is issued.
    3. All payments by You to AG Equipment must be made by direct debit to the bank account specified in the Quote or Order (AG Equipment’s Bank Account) or in such other manner as AG Equipment may direct.
    4. If any amount owing by You to AG Equipment is not paid within the payment terms specified in clause 5.2, then:
      1. You agree to pay to AG Equipment any costs (including legal costs on a solicitor/own client basis), charges, expenses or outgoings incurred in relation to the recovery of the outstanding amount.
      2. AG Equipment may, at its sole discretion, charge interest on any outstanding amount at the interest rate prescribed under the Penalty Interest Rates Act 1983 (Vic) as amended, per month until the date of payment; and
      3. AG Equipment may, at its sole discretion, suspend the supply of any Goods or Services without notice.
  1. Cancellation
    1. Unless otherwise agreed in writing by AG Equipment, you may not cancel an order or invoice which has been accepted by You or a Purchase Order which has been accepted by AG Equipment.
    2. Unless otherwise agreed by AG Equipment, upon cancellation any deposit paid by You will be forfeited to AG Equipment.

 

  1. Delivery
    1. Delivery of the Goods supplied by AG Equipment to You shall be taken to occur upon the Goods being unloaded at the address specified by you in each Quote or Order.
    2. Delivery of the Goods will be 'curb side delivery' unless otherwise stated in writing by AG Equipment.  This means the delivery will be to the curb or the front door of the building or a loading dock only.
    3. Unless otherwise stated in writing by AG Equipment, you will be responsible for all transportation and cartage charges for all deliveries of Goods.
    4. You acknowledge that You will be responsible for all attempted delivery charges incurred by AG Equipment as a result of your failure to accept delivery of Goods.
    5. If an order is cancelled after the goods have been dispatched from the warehouses, you will be charged 25% restocking fee of the total order value.  In addition, the freight to return the goods to the closest AG Equipment location.
      1. AG Equipment must be notified by the customer within 48 hour the goods arriving (under all circumstance) if goods are being returned under Section 6.5 
    6. Following delivery of the Goods You must inspect the Goods and, within one (1) day of delivery being affected, notify AG Equipment in writing of any Goods which do not correspond with the order, contain defects, are damaged, in a state of disrepair or otherwise not merchantable and fit for purpose. AG Equipment shall be entitled to inspect the Goods following receipt of such notice to verify your claim. To the extent permitted by law:
      1. If You fail to give the notice contemplated by this clause within the time frame contemplated by this clause, then the Goods will be deemed to be accepted by You and You must pay for the Goods pursuant to these Terms; and
      2. AG Equipment’s liability for any Goods which do not correspond with the order, are defective, damaged, in a state of disrepair or not merchantable and fit for purpose shall be limited to either replacing or repairing the Goods, or refunding the price paid for the Goods or providing You with credit for future purchases (at AG Equipment’s discretion).
  2. Service Calls
    1. Service calls for large items (above 100 kg) will be carried out by licenced technicians at Your location. Service calls for small items may be carried out on-site or the goods may be required to be sent to a workshop (back-to-base) at the sole discretion of AG Equipment.
    2. In the event that you engage AG Equipment to perform maintenance or servicing of the Goods, you agree to pay the costs of the Service Calls unless such maintenance or servicing is required to be provided by AG Equipment by the Australian Consumer Law. You agree that the Service Calls will be subject to the same terms as contained herein.
    3. The repair of the Product will be carried out within a reasonable period of time after notification of the defect is received by AG Equipment and during the hours of 8.00 am to 4.00 pm on a Business Day.  if the Customer requires the Product to be repaired immediately or outside the hours of 8.00 am to 4.00 pm on a Business Day, such repair is subject to availability and the Customer must pay the urgent service fee plus GST. The Customer will be informed of such urgent service fee plus GST prior to the Customer’s confirmation for the service to be provided;
  3. Risk, retention of title and the PPSA
    1. Risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods shall pass to You upon delivery or collection.
    2. You acknowledge and agree that until payment of all monies owing to AG Equipment in relation to particular Goods has been received, such Goods shall remain the property of AG Equipment and no property in or title to the Goods will pass to You.
    3. You acknowledge and agree that these Terms constitute a security agreement for the purposes of the PPSA and that a security interest exists in all Goods (and their proceeds) that are supplied by AG Equipment to You and in all future Goods supplied (and their proceeds).
    4. You agree that AG Equipment will have a “Purchase Money Security Interest” (as defined in the PPSA) in any Goods supplied to You under AG Equipment’s Terms or any related order or contract. AG Equipment may register any security interest contemplated by these Terms and / or any related order or contract on the “Personal Property Securities Register” (as defined in the PPSA)

 

  1. Warranties
    1. Conditions, warranties and other provisions which apply to or in respect of the Goods under or by virtue of the Australian Consumer Law or any other enactment of the Commonwealth of Australia or of any State or Territory thereof and which, by or under that enactment, cannot be excluded from the contract for the supply of Goods by AG Equipment are declared to apply to the contract without restriction, limit or modification.
    2. All other guarantees, warranties and conditions which would, or may, but for this clause be implied (whether by statute, law, trade usage or otherwise howsoever) into these Terms (including in particular any which may in any way relate to quality or fitness for any particular purpose) are hereby expressly excluded from these Terms to the extent that they can be excluded at law.
    3. Warranties cover manufacturing faults including workmanship and parts defects:

      3.1.1  if the defect arises from the customer’s failure to:

      (a) carry out regular servicing, at the customer’s cost, by AG Equipment or an Authorised Service Agent; and or

      (b) the customer fails to maintain the product as specified in the operation manual;

       then the warranty against defects will be void.

    4. AG Equipment is not required to provide a replacement product for the Customer’s use while the Product is being repaired or while waiting for a replacement part to be available for repair.
    5. Warranties will be voided if Unauthorised Repairs are conducted in respect of the Goods.
    6. Warranties do not cover glass, light globes, overloaded electrical motors, or stripped gears.
    7. Warranties do not cover damages which occur during or after local pickup.
    8. Warranties do not cover equipment located outside off Australia.
    9. Warranties are not transferrable.
    10. Warranties do not cover refrigeration equipment used for mobile operations, food trailers, trucks, vans and alike.
    11. Should we find upon inspection that the warranty claim is not due to manufacturing defects and thus not covered under the standard warranty then we reserve the right to charge for the technician's inspections and any subsequent repair costs. This includes failure due to neglect, misuse, wrong operation, incorrect installation, maintenance, cleaning and water scale all of which should be checked prior to requesting an technician.
  2. Returns
    1. You will be entitled to return the Goods and receive a full or partial refund at the sole discretion of AG Equipment in the event that:
      1. there is a major defect in the Goods as defined in Australian Consumer Law; or
      2. the goods received are different from the Goods forming part of the Order or Quote; and
      3. the goods are in unopened, unused and in its original packaging, in resalable condition to be determined by AG Equipment and its suppliers at their sole discretion.
    2. Any return freight or shipping charges will be borne by You and will not be payable by AG Equipment
    3. Any returned items will be subject to a minimum 25% total value restocking fee.
  3. Default
    1. AG Equipment may by notice in writing to You terminate any agreement with You so far as unperformed by AG Equipment if:
      1. You commit any breach of any of these Terms or any other agreement with AG Equipment;
      2. Being an individual, You die, become permanently incapacitated, or have a trustee appointed or a receiving order made against You or if You commit any act of insolvency;
      3. Bankruptcy petition or winding up application (as the case may be) in respect of You (whether voluntary or otherwise) is presented to Court;
      4. Being a body corporate or legal person, You call any meeting of its creditors or have a liquidator, provisional liquidator, official manager, mortgagee, mortgagee's agent, receiver or administrator of all or any of your assets appointed or enter into any liquidation (other than solely for reconstruction or amalgamation while solvent) or commit any other act of insolvency.
    2. In the event of such termination:
      1. You will forthwith on demand deliver to AG Equipment any Goods which are in the possession or control of You but in which the property in or title to remains with AG Equipment. AG Equipment will be entitled to repossess the Goods in accordance with these Terms and You shall indemnify AG Equipment from and liability to any third party in respect of any such damage and from and against all actions, proceedings, claims, demands, costs, damages, and expenses howsoever arising; and
      2. AG Equipment will be entitled by notice in writing to You to declare immediately due and payable any amounts outstanding from You to AG Equipment under these Terms or any other agreement (such sums thereby becoming forthwith due and payable).

 

  1. Indemnity
    1. You agree to indemnify AG Equipment from any liability in respect of such damage and from and against all actions, proceedings, claims, demands, costs, damages, lost of produce and expenses howsoever arising out of or in connection to the supply of Goods or Services to the fullest extent permitted by law and limit AG Equipment’s liability to the purchase price paid for the Goods or Services.
  2. Acceptance
    1. You acknowledge and agree that in entering into an agreement with AG Equipment You will be bound by the Terms herein.
    2. The following shall be considered to be an act of acceptance for the purpose of evidencing the existence of an agreement between You and AG Equipment.
      1. Making payment for the Goods;
      2. Placing an Order; or
      3. Signing and returning a Quote.
  3. General
    1. (Further Assurances) Each of the parties shall sign, execute, and do all such further documents, acts, matters and things as shall be necessary or desirable to give full effect to these Terms.
    2. (Assignment):
      1. AG Equipment shall be entitled at any time to assign its rights under these Terms to its successors, nominated transferees or assignees, and these Terms shall not in any way be affected or discharged pursuant to such an assignment.
      2. You shall not be entitled to assign its rights under these Terms without the written consent of AG Equipment.
    3. (Forced Majeure) If the performance of AG Equipment’s obligations under these Terms is prevented, restricted or affected by force majeure beyond the reasonable control of AG Equipment, AG Equipment will not be liable for any loss or damage suffered by You or any other person.
    4. (Waiver) The failure of a party at any time to require any performance by another party of a provision of these Terms shall not affect in any way the full right of the waiving party to require that performance subsequently.
    5. (Severability) The parties agree that all the provisions of these Terms are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent. The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
    6. (Governing Law and Jurisdiction) The parties agree that these Terms are to be construed in accordance with the laws of the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from that jurisdiction.
  4. Product Information
    1. Product information is as supplied by equipment manufacturers.
    2. All dimensions are of the products only and do not include mounting clearances or external fittings such as power plugs and gas outlets.
    3. It is the purchasers’ responsibility to make the necessary allowances for ventilation, electrical and gas connections.
  5. Local Pick-up / Warehouse Collection
    1. AG Equipment offers local pick-up/collection for some items, if arranged prior.
    2. We advise customers to use our fragile shipping service to ensure that goods are delivered safely and securely.
    3. Please ensure that you have a suitable vehicle to transport the goods from our warehouses.

You acknowledge that any damages caused during or as a result of Your own transportation (not using our fragile shipping services) will not be covered under AG Equipment's warranties. Furthermore, you accept full responsibility for any costs associated with damages, repairs and service calls which are required as a result of your own transportation.