Terms & Conditions
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PURCHASE PRICE & PAYMENT
Full cleared funds must be received before delivery or release of the Machine.
Title does not pass until full payment is received. Risk passes upon final payment. The purchaser must make arrangements for insurance after payment.
Freight is at the risk of the purchaser, regardless of who arranges the freight.
By making full payment the buyer confirms that the machine has been inspected and its condition has been accepted as satisfactory to the buyer.
DEFAULT, DEPOSIT RETENTION & RESALE
If the Buyer fails to pay the balance by the due date or otherwise fails to complete the purchase, the Seller may terminate this agreement.
Upon termination the Seller may:
1. Retain the deposit as liquidated damages.
2. Resell the Machine without notice.
3. Recover any shortfall and reasonable costs.
The Buyer acknowledges the deposit represents a genuine pre-estimate of loss and is not a penalty.
WARRANTY
Warranty is void if maintenance is not performed, records cannot be produced, modifications occur without approval, or the machine continues operating after fault becomes apparent.
Kubota engine warranty:
Where applicable, full Kubota engine warranty is supplied for 12 months with any applicable repairs arranged directly between the buyer and any Kubota Industrial dealer, Australia wide.
Rippa parts only machine warranty:
Warranty is limited strictly to the supply of genuine replacement parts for components proven to be defective due to manufacturing fault for a period of 12 months from purchase date.
This warranty does NOT cover labour, freight, travel, downtime, loss of income, consumables, wear and tear, or damage from misuse, neglect, modification, or non-genuine parts.
Warranty Claim Conditions:
- Written notice must be provided immediately.
- Operation must cease if further damage may occur.
- Buyer must provide video, photographic evidence, serial number, hour reading and maintenance records.
- Seller may require return of defective parts.
- Deposit may be required for high-value components.
Warranty is void if maintenance is not performed by qualified personnel at the intervals specified in the manual, records cannot be produced, modifications occur without approval, or the machine continues operating after fault becomes apparent.
PRODUCT LIABILITY, PERSONAL INJURY & LIMITATION OF LIABILITY
The Buyer acknowledges that the Machine is heavy industrial equipment capable of causing serious injury, death or property damage if improperly used.
The Buyer agrees that the Machine will only be operated by trained and competent persons and that the Buyer is responsible for compliance with all workplace health and safety laws.
The Buyer must ensure appropriate insurance coverage, including public liability insurance, for operation of the Machine.
To the maximum extent permitted by law, the Seller is not liable for any indirect, incidental, special or consequential loss including loss of income, downtime, project delay or hire costs.
The Seller is not liable for injury, death or property damage arising from use of this machine, including but not limited to: negligent operation, failure to maintain the Machine, unauthorised modification, use outside manufacturer specifications, or continued operation after a fault becomes apparent.
The Seller’s total liability for any claim arising from the supply of the Machine is limited to the Purchase Price.
The Buyer indemnifies and holds harmless the Seller from any claim, demand, action or proceeding arising from injury or death to any person, damage to property, improper operation, modification or failure to comply with safety or regulatory requirements.
The Seller gives no representation or warranty that the Machine complies with any particular industry standard, site-specific requirement or regulatory framework unless expressly stated in writing.
AUSTRALIAN CONSUMER LAW
Nothing in this agreement excludes, restricts or modifies any rights the Buyer may have under the Australian Consumer Law.
Where permitted by law, liability is limited to replacement, supply of equivalent goods or payment of replacement cost.