Last updated: March 08, 2022.

Please read these terms and conditions carefully before purchasing our products and services.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to EZ Machinery (Aust) Pty Ltd, 54 Kabi Cct, Deception Bay QLD 4508.
Service refers to this website and all services supplied by the Manufacturer to the Customer and includes any advice or recommendations
Website refers to EZ Machinery, accessible from https://www.ezmachinery.com.au
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Manufacturer shall mean EZ Machinery (Aust) Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of EZ Machinery (Aust) Pty Ltd
Customer shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by the Manufacturer to the Customer.
Guarantor means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
Goods shall mean Goods supplied by the Manufacturer to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Manufacturer to the Customer
Service refers to this website and all services supplied by the Manufacturer to the Customer and includes any advice or recommendations
Price shall mean the price payable for the Goods as agreed between the Manufacturer and the Customer in accordance with clause 3 of this contract.

Acceptance

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Any instructions received by the Manufacturer from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by the Manufacturer shall constitute acceptance of the terms and conditions contained herein.

Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of the Manufacturer. The Customer undertakes to give the Manufacturer at least fourteen (14) days notice of any change in the Customer’s name, address and/or any other change in the Customer’s details.

Price & payment

At the Manufacturer’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Manufacturer to the Customer in respect of Goods supplied; or
(b) the Manufacturer’s quoted Price (subject to clause 3.2 ) which shall be binding upon the Manufacturer provided that the

Customer shall accept the Manufacturer’s quotation in writing within thirty (30) days.

The Manufacturer reserves the right to change the Price in the event of a variation to the Manufacturer’s quotation.

At the Manufacturer’s sole discretion a deposit may be required.

At the Manufacturer’s sole discretion:
(a) payment shall be due on delivery of the Goods; or
(b) payment shall be due before delivery of the Goods; or
(c) payment for approved Customers shall be made by instalments in accordance with the Manufacturer’s payment schedule.

Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice. Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Manufacturer.

GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

Delivery of goods

At the Manufacturer’s sole discretion delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at the Manufacturer’s address; or
(b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by the Manufacturer or the Manufacturer’s nominated carrier); or
(c) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.

At the Manufacturer’s sole discretion the costs of delivery are: (a) included in the Price; or (b) for the Customer’s account.

The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Manufacturer shall be entitled to charge a reasonable fee for redelivery.

Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.

The Manufacturer may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions. The failure of the Manufacturer to deliver shall not entitle either party to treat this contract as repudiated. The Manufacturer shall not be liable for any loss or damage whatever due to failure by the Manufacturer to deliver the Goods (or any of them) promptly or at all.

Cancellation

The Manufacturer may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Manufacturer shall repay to the Customer any sums paid in respect of the Price. The Manufacturer shall not be liable for any loss or damage whatever arising from such cancellation.

In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Manufacturer (including, but not limited to, any loss of profits) up to the time of cancellation.

Risk

If the Manufacturer retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Manufacturer is entitled to receive all insurance proceeds payable for the Goods.

The production of these terms and conditions by the Manufacturer is sufficient evidence of the Manufacturer’s rights to receive the insurance proceeds without the need for any person dealing with the Manufacturer to make further enquiries.

Customer’s disclaimer

The Customer hereby disclaims any right to rescind, or cancel any contract with the Manufacturer or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Manufacturer and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgement.

Defects

The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Manufacturer of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Manufacturer an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.

If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Manufacturer has agreed in writing that the Customer is entitled to reject, the Manufacturer’s liability is limited to either (at the Manufacturer’s discretion) replacing the Goods or repairing the Goods.

Returns

Returns will only be accepted provided that:

(a) the Customer has complied with the provisions of the ‘Defects’ clause; and
(b) the Manufacturer has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and
(d) the Manufacturer will not be liable for Goods which have not been stored or used in a proper manner; and
(e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

The Manufacturer may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of ten percent (10%) of the value of the returned Goods plus any freight.

Warranty

Subject to the conditions of warranty the Manufacturer warrants that if any defect in any workmanship of the Manufacturer becomes apparent and is reported to the Manufacturer within ten (10) years of the date of delivery (time being of the essence) then the Manufacturer will either (at the Manufacturer’s sole discretion) replace or remedy the workmanship.

The conditions applicable to the warranty are:

(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

Failure on the part of the Customer to properly maintain any Goods; or
Failure on the part of the Customer to follow any instructions or guidelines provided by the Manufacturer; or
Any use of any Goods otherwise than for any application specified on a quote or order form; or
The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
Fair wear and tear, any accident or act of God.

(b) The warranty shall cease and the Manufacturer shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Manufacturer’s consent.

(c) In respect of all claims the Manufacturer shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.

Changes to these terms & conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.