Terms

AGREEMENT BETWEEN USER AND IMPLEMENTS DIRECT

The Implements Direct Web Site is comprised of various Web pages operated by Implements Direct.

The Implements Direct Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Implements Direct Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Implements Direct reserves the right to change the terms, conditions, and notices under which the Implements Direct Web Site is offered, including but not limited to the charges associated with the use of the Implements Direct Web Site.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Implements Direct Web Site, you warrant to Implements Direct that you will not use the Implements Direct Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Implements Direct Web Site in any manner which could damage, disable, overburden, or impair the Implements Direct Web Site or interfere with any other party's use and enjoyment of the Implements Direct Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Implements Direct Web Site.

MATERIALS PROVIDED TO IMPLEMENTS DIRECT OR POSTED AT ANY IMPLEMENTS DIRECT WEB SITE

Implements Direct does not claim ownership of the materials you provide to Implements Direct (including feedback and suggestions) or post, upload, input or submit to any Implements Direct Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Implements Direct, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Implements Direct is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Implements Direct's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE IMPLEMENTS DIRECT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. IMPLEMENTS DIRECT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IMPLEMENTS DIRECT WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE IMPLEMENTS DIRECT WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

IMPLEMENTS DIRECT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE IMPLEMENTS DIRECT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. IMPLEMENTS DIRECT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMPLEMENTS DIRECT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE IMPLEMENTS DIRECT WEB SITE, WITH THE DELAY OR INABILITY TO USE THE IMPLEMENTS DIRECT WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE IMPLEMENTS DIRECT WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE IMPLEMENTS DIRECT WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMPLEMENTS DIRECT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE IMPLEMENTS DIRECT WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE IMPLEMENTS DIRECT WEB SITE.

TERMINATION/ACCESS RESTRICTION

Implements Direct reserves the right, in its sole discretion, to terminate your access to the Implements Direct Web Site and the related services or any portion thereof at any time, without notice.

All contents of the Implements Direct Web Site are: Copyright 2011 © Implements Direct and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real Company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

IMPLEMENTS DIRECT TERMS AND CONDITIONS

DEFINITION AND GENERAL

"The Company" means Implements Direct including its successors and assigns. "Amount owing" means the price charged by the Company for the Goods and any other sums which the Company is entitled to charge under these Terms and Conditions. "Goods means all goods, products, machinery, including hire and services ordered by the Customer, supplied by the Company under these Terms and Conditions as detailed on each invoice. "Customer" means the purchaser or person or business purchasing the Goods from the Company including that person's or business successors and assigns. Headings are inserted for convenience and shall not affect the construction of the contract. The singular includes the plural and vice-versa.

PRICE

Is the purchase price of the Goods and any costs payable by the Customer under these Terms and Conditions shown on the Company's documents. The price may be increased by the amount of any GST, taxes, duties, transaction charges including delivery costs, incurred without the express approval of the Company. If the Company accepts a 'trade in' as part payment of purchase of Goods and this is deducted from the Price, the Customer warrants that such property is not subject to any security interest, lien or 3rd party outside of the Customer or Company and the deduction is not valid until free unencumbered title and possession of trade in is given. The prices stipulated by the Company shall be increased or decreased by the amount of any increase or decrease in the cost of materials, transport, labour, customs and other duties, insurance and other factors affecting the cost of production and/or delivery due to circumstances beyond the control of the Company between the date of quotation and the date of delivery.

PAYMENT

Terms of payment are cash before delivery unless otherwise agreed and detailed on this document. Account holders must pay all outstanding amounts no later than 20th month following date of invoice. The Customer promises that all payments are valid. The Company may impose a credit limit at any time without notice and reserves the right to refuse goods to the Customer. The Customer may not withhold payment or make any deductions from any amount owing without the Companies prior written consent.

RISK

The Customer accepts all risk, liability and responsibility from the time the goods leave the Company's store notwithstanding the Company may arrange delivery.

NO REPRESENTATION

The Customer accepts that any advice and/ or information provided by the firm relating to the use, application, qualities or fitness of the goods for their purpose is given in good faith and is based on information provided to the Company by the Customer and the Customer accepts that any decision to purchase or use the goods is the Customers decision alone and is not made in reliance upon any warranty or representation by the Company.

OWNERSHIP

(a) The Customer agrees and confirms that ownership of goods remain the property of the Company until paid for in full and any cheques or negotiable documents are honored. Until full payment the Customer has no rights in or ownership of the goods and shall hold them as bailey on behalf of and in a fiduciary capacity for the Company.

(b) The reservation of title and ownership is effective whether or not the goods have been altered from their supplied form, or mixed with other goods. Where such goods are mixed with other goods and severable but not identifiable, or incorporated with other goods into another product so that they are not severable (whether such mixture or incorporation or loss of identity is as a result of the Purchaser’s defaults or otherwise), or in any situation where a similar dealing with the goods has resulted in their removal being impossible or impracticable, the Company is a co-owner of the mixed goods or products in proportion to the contribution made by the goods to such mixed goods or products.

(c) The risk in the goods shall pass to the Purchaser on delivery to the Carrier and the Purchaser will be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery even though title to the goods may not have passed to the Purchaser.

(d) The Purchaser shall at the Purchaser’s cost store the goods in such a way as clearly records that the goods remain the property of the Company.

(e) The Purchaser shall be at liberty to on-sell the goods in the ordinary course of the Purchaser’s business upon the basis that the proceeds of the sale at all times be the property of the Company, and for this purpose, if required by the Company the Purchaser shall lodge the proceeds of sale to a special account to be maintained by the Purchaser for the purpose and shall pay directly to the Company from such account such monies as the Company shall from time to time require.

(f) The Purchaser’s power of sale shall automatically cease if a receiver is appointed over any of the undertakings of the Purchaser or if a winding order is made against the Purchaser or if the Purchaser goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy.

(g) The Purchaser hereby irrevocably gives the Company, its agents and servants, leave and licence without the necessity of giving any notice to enter on and into any premises occupied by the Purchaser to search for and remove any of the goods supplied to or in which the Company has ownership as aforesaid without in any way being liable to the Purchaser or any person or Company claiming through the Purchaser.

INTEREST, COST AND REPOSSESSION

Payments not made within 10 days of the due date may at the Company's discretion be charged interest at a rate or 2.5% per month from the due date until full payment is made. The levying of interest shall not extend the date of payment. The Customer will pay and reimburse the Company for any expenses, costs, disbursements including legal costs and any debt collection fees in the enforcement or attempted enforcement of any rights of the Company whether contained or not in the Terms and Conditions. If payment is not made by the due date, the Company may repossess the goods and for that purpose the Customer authorises the Company or its agents the right to enter any property or premises where the goods may be located to inspect or remove the goods and resell at the Company's discretion in order to recover all indebtedness. The Company may resell such goods and apply the proceeds in abatement of the invoiced price.

RESALE

If the goods are resold by the buyer before full payment has been made then the total of all amounts owing including interest and costs must be held in trust absolutely and paid in full to the seller. The buyer must keep such monies from its own funds. Warranties given by us are not continued once goods are resold.

DEPOSIT

The Customer agrees that if there is failure to fulfill the terms of this contract by the Customer or should the Customer cancel the delivery of goods within this contract the Company is fully and legally justified in retaining any deposits paid to that date and Customer agrees not to request payment by the Company of any monies or other form of payments made for goods within this contract to that date.

PRODUCT DESCRIPTIONS

Implements direct and its affiliates attempt to be as accurate as possible. However, Implements Direct does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Implements Direct itself is not as described, your sole remedy is to return it in unused condition.

CLAIMS, NON RECEIPT, DAMAGE

The Customer must check all goods on receipt as to quantity and /or damage. The Customer must report to the Company and the relevant carrier, the non receipt or damage of the goods within ten (10) working days from the date of deliver(or intended delivery if goods are not received). If the Customer fails to report as above, the Company may, at its sole discretion, reject any subsequent claims by the Customer in respect of such goods. The Company will only replace goods at its sole discretion. All inquiries or claims regarding goods supplied supplied or not supplied as per order /invoice / packing slip shall be made within ten (10) days receipt of goods or the intended date of delivery. In the absence of any such inquiry or claim, the Customer is deemed to have accepted the Company's invoices correct and the goods specified as delivered.

RETURNS

Goods will only be accepted for return after discussion with and agreement by the Management of the Company. Requests to return goods must be made within ten (10) working days from the date of invoice. Products that have been used or damaged after delivery and Non-standard products (i.e. products manufactured or procured on Customers behalf) will not be accepted for return. Freight for such returns will be at the “Customers” expense.

INFORMATION

The Customer authorizes the Company to collect, retain and use personal information about the Customer for assessing credit worthiness, administering the financing and/ or marketing purposes. The Customer shall promptly execute any document and provide information requested by the Company to enable the Company to take an effective security interest in the Goods and to proceeds in priority to all other secured parties.

FORCE MAJEURE

The Company is not liable for any failure or delay in performing an obligation in this document if it is due to a cause reasonably beyond its control. Without limiting this clause such an event shall include the inability of the Company to supply ordered goods due to unavailability.

DELIVERY

Delivery shall be deemed complete when the Company gives possession of the goods to a carrier for delivery to the shipping address or place detailed on the order. If the buyer fails to accept the goods by the delivery date specified or such later date as the Company or its agents is able to make delivery, the buyer shall pay reasonable storage costs until the buyer accepts the goods. The Company is not liable for any damage or loss of the goods, caused by any event beyond the Company’s control. The Company reserves the right to deliver the goods by installments and each installment shall be deemed to be a separate contract subject to the same conditions as the main contract. Should the Company make defective delivery of or fail to deliver one or more installments this shall not entitle the buyer to repudiate the main contract.

All items purchased from Implements Direct should be delivered within 5 (five) working days, however Implements Direct takes no responsibility for failure to deliver within this time frame.

All items purchased from Implements Direct are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Nothing in these terms and conditions entitles the Customer to refuse to take delivery or return the products as being surplus to their needs or for any other reason other than those agreed herein.

Implements Direct shall not be responsible for any failure to deliver or delay in delivery caused by any event outside its reasonable control.

Advice regarding missing items or damage in transit must be given to Implements Direct no later than three (3) days after receipt of the products. And should be noted on the carriers consignment note before accepting the delivery of the goods.

If the Company or its agent fails to deliver or makes defective delivery of part of the goods or any installment, this does not entitle the Customer to cancel the contract for that particular installment (if applicable), or the contract for all of the goods or any other contract. Any time stated for delivery is an estimate only. The Company is not liable for any delay in delivery.

NON-WAIVER

Failure by the Company to insist upon strict performance of any terms and conditions herein or to exercise in whole or part any right the Company may have whether in general law or hereunder shall be deemed to be a waiver thereof of any rights the Company may have, and shall not be or be deemed to be a waiver or any subsequent breach of any term or condition or right.

NOT A SALE BY DESCRIPTION

Any description of goods contained in a contract is given by way of identification only and use of such description shall not constitute any contract a sale by description.

CONTRACT

(a) All the rights, powers, exemptions and remedies of the Company shall remain in force notwithstanding any neglect, forbearance or delay in the enforcement.

(b) Any exercise of a right, power, exemption and remedy of the Company shall be without prejudice to any other right, power, exemption and remedy the Company may have.

(c) If any provision is invalid or unenforceable the remaining provisions will continue in full force and effect.

(d) The terms and conditions contained herein constitute the entire agreement between the Company and the Customer and no earlier representation, warranty or agreement shall have any force or effect from the date of execution of these conditions by the Customer.

(e) The Company in its own discretion and in writing may vary the terms and conditions of supply.

AUTHORITY

Under the terms of the Privacy Act 1993, the Customer authorises any person or Company to provide the Company with such information as the Company may require in response to credit enquiries. The Customer authorises the Company to furnish any third party, details of this application and any subsequent dealings that the Company may have with the Customer as a result of this application being actioned by the Company.

CHOICE OF LAW

The business is subject to and governed by the laws of New Zealand.

WARRANTY

To the extent permitted under the Guarantees Act 1993: The Company is not liable to any purchaser or any other person or business commercial loss or any consequential, indirect or special loss, damage or injury, of any kind however caused (including negligence) arising directly or indirectly from or in connection with any products and/ or failure or any fault in any products supplied by the Company. The Company's liability in respect of all claims for loss, damage or injury however arising shall not in aggregate exceed the price of the relevant goods. Except as expressly set out in these Terms and Conditions, all warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise are excluded. New machines and spare parts are covered by manufacturer's warranty (if any). The Company may at its discretion repair or replace defective goods in respect of defects arising under normal proper use and maintenance or from faulty materials or workmanship.

The Company will not repair or replace goods that have been modified or parts that have worn out in normal use, (2) parts broken because of improper assembly or operation by the Customer, (3) parts accidentally damaged, (4) failure of parts traceable to improper care, (5) parts failing through use of the implement for purposes other than those for which it was designed. (6) if the machine has not been correctly serviced and maintained, (7) if The machine has not been worked within its stated capacity (i.e. horsepower limit, PTO speed and load capacity), If provided by the manufacturer upon delivery with the machine the manufacturer must be in receipt of duly signed pre-delivery and installation certificate.

Implements Direct sells quality products that are covered by a full manufacturer’s warranty.

This will be at least 12 months term of warranty from date of shipment except machines sold into the Hire Industry shall be void of warranty.

The following items are not covered by warranty; (1) Power take-off shafts and clutches, (2) Blades, tynes, flails, knives or other cutting edges, tyres, belts, hydraulic hoses and linkage pins etc, (3) Freight costs, (4) Loss of income from the machine due to a warranty fault, (5) Use of non genuine parts.

The Company is determined to ensure the Customer is satisfied with the goods and service. If the Customer is not satisfied with the goods and service the the Company will do what is reasonable to ensure your satisfaction and continued business with us. If the goods are used for business purposes, the Customer agrees that the Consumers Guarantees Act 1993 does not apply in respect of those goods.

MANUFACTURERS LIMITED WARRANTY

All Sierra, Novaquip and Deleks implements are warranted to be free from defects in materials or workmanship for a period of Twelve (12) months for a home consumer user or (3) months for a commercial user(Hire companies void all warranty) unless otherwise stated from the date of shipment. During this period the Company Upon written approval, will at its option repair or replace without charge any products or part thereof found upon examination by the Company or its authorized agent, shall disclose to be defective in material or workmanship. This warranty does not extend to any product which has been subject to misuse, abuse, negligence, accident, alteration or unauthorized repair. Defective parts /products must be returned to the Company or its repair agent only with the Companies express authorization, within the above period, transportation prepaid by the Customer . The Company will bear the cost of return transportation back to the Customer. This warranty does not apply to (1) parts that have worn out in normal use, (2) parts broken because of improper assembly or operation by the Customer, (3) parts accidentally damaged, (4) failure of parts traceable to improper care, (5) parts failing through use of implement for purposes other than those for which it was designed.(6)if the machine has not been correctly serviced and maintained, (7) if the machine has worked beyond its stated capacity (i.e.. horsepower limit and PTO speed). If provided by the manufacturer upon delivery of the machine The manufacturer or Implements direct must be in receipt of duly signed pre-delivery and installation certificate. Machines sold into the Hire Industry shall be void of warranty.

The following items are not covered by warranty; (1) Power take-off shafts and clutches, (2) Blades, tynes, flails, knives or other cutting edges, tyres, belts, hydraulic hoses and linkage pins etc, (3) Freight costs, (4) Loss of income from the machine due to a warranty fault, (5) Use of non genuine parts.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF VEHICLE, CARGO OR PROFITS.

WARRANTY PROCEDURE

In the event of a product failure please proceed as follows 1. Contact Implements Direct sales@implementsdirect.co.nz and discuss the problem with the customer services team. They will advise how to carry out the repair in the quickest, most effective and efficient way.