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Terms and Conditions

Everything Earthmoving – Website Terms and Conditions of Use

This website is owned by Everything Earthmoving (“We”, “Our”, “Us”). By using this website, you agree to these terms and conditions of use which you agree are reasonable. If you do not agree to these terms or do not believe they are reasonable, then do not continue to use our website.

We reserve the right to change these terms and conditions without notice to you. You can find the latest version of the terms and conditions at this webpage. You should check these terms and conditions each time you use our website.

These terms and conditions and your use of this website are subject to the applicable laws of New South Wales and you submit to the courts exercising jurisdiction.

Using our Website

1. In accessing and using our website, you agree that you will not:

a. use any automated device, software, process or means to access, retrieve, scrape, or index our Websites or any content on our Websites;
b. use any device, software, process or means to interfere or attempt to interfere with the proper working on our Websites;
c. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
d. use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner or for the purposes of creating any derivative work, without first obtaining our written permission to do so;
e. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
f. use our Website or any content from our Website in any manner which is, in our sole discretion, not reasonable and/or not for the purpose which it is made available;
g. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
h. pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
i. act in violation of any term or condition of use imposed by us or any applicable law;
j. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Website or any content on our Website, except as expressly authorised by us; or
k. transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature; or
l. compromise the security or integrity of any network or system including any part of our network.

2. We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access or use of our website.

Ownership of Copyright

3. The content on and accessible from our website and newsletters are copyright. We only permit you to download copyright material for private and non-commercial use.
4. For use and reproduction of our copyright material beyond private and/or non-commercial use, you must obtain written permission directly from us or the relevant copyright owner. 
5. We do not grant you any other rights in relation to our website or the material on this website. All other rights are reserved.

Disclaimer
6. We cannot provide any warranty in relation to any goods or services advertised on our website by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
7. Our website is provided “as is” without any representations or warranties, express or implied, unless such warranties are legally incapable of exclusion.
8. Further to clause 7 above, we do not warrant that:
a. our website will be constantly available, or available at all, or free from fault; or
b. the information presented on our website is complete, true, accurate, current or not misleading.
9. By using this website, you acknowledge that you are responsible for making all relevant enquiries to ensure that any material or information on which you seek to rely is accurate. 
10. Nothing on our website constitutes, or is meant to constitute, advice of any kind. You acknowledge that there has been no reliance on our skill, judgment or any representation by us whatsoever by you in deciding whether our website is fit for any particular purpose. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitation of Liability

11. We, our affiliates, officers, employees, agents and partners will not be liable to you (whether under contract law, tort law or otherwise) in relation to the contents of, use of, or otherwise in connection with, our website (including without limitation arising from the use of the website, any inability to access the website or any part of it or a linked website):

a. to the extent that our website is provided free of charge, for any direct loss;
b. for any indirect, special or consequential loss; or
c. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
12. These limitations of liability will apply even if we have been expressly advised of the potential loss.
13. Nothing in these terms and conditions of use will exclude or limit any warranty implied by law that would be unlawful to exclude or limit.

Consent and data provided by Users

14. You hereby grant us and our service providers a worldwide, royalty free, irrevocable licence to use, reproduce, distribute, transmit, perform, display (publicly or otherwise), adapt, sub-license, make derivative works of, and otherwise commercialize and exploit, details or information about you or that is posted or uploaded by you onto our website (“Uploaded Content”), including but not limited to your:

a. contact information; and
b. information or photographs you have provided us to be uploaded or entered into on our website; and
c. information available via your existing website content.
15. By using our website, you agree to the terms of our privacy statement concerning our use of your personal data.
16. You warrant that any Uploaded Content provided by you does not and shall not infringe upon or misappropriate any rights, including, without limitation, intellectual property rights, of any third parties or us and our service providers; and that such Uploaded Content is free of worms, viruses, Trojan Horses and other disabling code.
17. You agree to indemnify us and our service providers against any liability which we may incur to a third party whatsoever, howsoever and to whosoever, arising out of any breach of your warranties and out of the use of our website.

Links to Third Party Websites

18. You acknowledge that some links from our website lead to external websites that are maintained and hosted by third parties, over which we have no control and are in no manner responsible. When you are redirected to a third party website, you do so entirely at your own risk.

19. We make no warranty as to the accuracy and reliability of the information contained on any third party websites. We and our related entities, directors, employees, agents and partners disclaim any and all liability and responsibility for any direct or indirect loss or damage which you may suffer by relying on anything contained on, or omitted from, any third party website. 
20. The appearance of any advertising on our website does not imply an endorsement or recommendation by us. 

Goods and Services provided by Third Parties


21. Our website contains content provided to us by other parties (“Third Party Content”). We do not have a practice of monitoring or making enquiries about Third Party Content. We are not responsible for, nor do we endorse or make representations (either express or implied) concerning, Third Party Content.

22. Third Party Content does not represented our views and we do not act as any person’s agent or broker, arrange any contract between you and any person or provide any warranty in relation to any person’s goods or services.
23. By using our website, you hereby acknowledge that you rely on Third Party Content at your own risk and we will not be responsible for the terms of any transaction between you and any person, any goods or services purchased by you from any person, or resolving any dispute between you and any person.

Classified Ads Terms & Conditions

By submitting your listing you agree to the following Terms and Conditions set out below in addition to our standard Terms and conditions 
  1. Everything Earthmoving is not responsible for the content you provide in the classified sections and you hereby indemnify Everything Earthmoving against any losses as a result of placing this Classified Ad.
  2. Everything Earthmoving reserves the right to reject or remove any content from the site if we reasonably believe the content, or use of it, contravenes any Law, infringes or is likely to infringe the rights of third parties or is inappropriate, unsuitable, offensive, obscene, defamatory or indecent. 
  3. Any correspondence between yourself and any user of the Everything Earthmoving Classified Ad system is at your discretion. 
  4. You agree to receiving offers and questions directly to your Everything Earthmoving registered user account email address in relation to this Classified Ad.
  5. Any final agreements between you and other parties is at your mutual sole discretion and will not be entered into by Everything Earthmoving.
  6. You have the right any any time to remove this Classified Ad. 
  7. Once approved, this Classified Ad will be made available for viewing by users of the Everything Earthmoving Classified Ad system.
  8. You may, at your discretion, temporarily hide the ad or remove it entirely.


Shipping Policy
Shipping Fees

Where no shipping fee is displayed next to an item, shipping fees will be quoted and confirmed individually prior to order completion.  Shipping fees for items listed in Classifieds are at the discretion of the seller.
For orders that require pick-up from Third Party Merchants, an Order Release Form will be issued outlining details of your order and the pick-up address. An order will not be released by the Third Party Merchant without this Form.
Export Restrictions – Everything Earthmoving ships only within Australia and New Zealand. Contact Everything Earthmoving if shipment to other countries is required.

Placing Orders
You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
We may reject your order, including in circumstances where we believe there may be a credit card fraud, or where we later become unable to ship your order, or if there has been an error in the price or product description on the Website.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. As a general rule, we will not change or replace your order where you have made an error.
In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

Price and Payment
The prices of goods, delivery and other charges shown are in Australian dollars.
All payments must be received in full prior to dispatch of goods or an Order of Release Form being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.

Deposits on Product Purchases
At times you may be requested to pay a deposit for any goods that require manufacturing, in part or in full, or to secure an order prior to shipping or delivery. Deposits will also include full or part payments on any goods provided through Everything Earthmoving. If for whatever reason you decide to cancel your order Everything Earthmoving reserves the right to hold onto the deposit, in full, as payment for works undertaken in the process of gaining your goods. Full payments made to secure goods will incur a 25% restocking fee if you do not wish to proceed with the purchase. Goods paid for in full that need to be shipped or delivered to other manufacturers or suppliers for further manufacturing or processing will be deemed as paid for and delivered and will incur the full 100% processing fee as they cannot be restocked. Payments of shipping or delivery will also incur the full 100% processing fee and any goods that need to be returned by shipping or delivery will incur the full amount of these costs. Everything Earthmoving reserves the right to not release goods until paid for in full.

Redemption of Goods and Services from Third Party Merchants
Some goods and services sold on the Website are offered on behalf of third party merchants. If this is the case, it will be clearly stated in the listing. Subsequent to your purchase, you will receive an Order of Release Form to be used upon redemption. Your purchase shall be redeemable only for the specified goods or services from the relevant merchant of the goods and services and shall only be available for redemption during the period specified on the form. The merchant, and not Everything Earthmoving, is the seller and supplier of the goods/services to which the Order of Release Form relates and is solely responsible for honouring your purchase.
To the extent permitted by law (including the Australian Consumer Law), Everything Earthmoving makes no warranty or representation regarding the standard of any goods or services to be supplied by the merchant.
Neither Everything Earthmoving nor the merchant is responsible for lost or stolen Order Release Forms or fraudulent use (by a person other than Everything Earthmoving or the merchant) of the order number.

Supply and Delivery of Goods
Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated time frames for delivery, however we cannot guarantee delivery time frames will be met.
Normal shipping of orders is 5 -7 days from receipt of cleared payment.
For equipment being manufactured, shipping of orders is usually 10 – 14 days from receipt of cleared payment. This may extend to up to 21 days depending on the manufacturers availability of parts.

Offline Sales
Everything Earthmoving is predominantly an Online Service. Sales produced offline by outside sources will fall under the Terms and Conditions as stated on the website. Outside sources will include but not limited to advertising on or information gained from other websites, classifieds, online shops, social media, any search tool or browser, google adwords or ad choices or similar produced by other online search tools, print media, business cards, flyers, recommendations by suppliers or third parties, meetings in person, phone calls, emails, vehicle advertising or any other form of promotion or advertising.


Limitation of Delivery and Commissioning Services provided by Everything Earthmoving
Everything Earthmoving will aim to supply and commission your products, when this service has been made available, to the customer at a time which is convenient for both Everything Earthmoving and the customer. From time to time out sourced products or services may be required to produce or supply and/or fit any goods or services provided by Everything Earthmoving. Out sourced products and/or services may include but are not limited to supplier or third party fabrication (at times suppliers or third parties may also require other suppliers or third parties for their out sourced products or services), onsite services such as welders, mechanics, hydraulic hose and fitting suppliers, auto electricians or any other services required to fit or commission a product. Everything Earthmoving will not be held liable for timing issues arising from utilising any out sourced products or services. Out sourced products and/or services will also extend to those required but not supplied by Everything Earthmoving. These products and/or services will include any products and/or services ordered independently from Everything Earthmoving but are required so that any product supplied by Everything Earthmoving can be satisfactorily commissioned. For any reason that an Everything Earthmoving representative, supplier or third party required by Everything Earthmoving is held up onsite due to site requirements such as site inductions, safety drills, site conditions, inclement weather or for any other reason Everything Earthmoving reserves the right to ask for compensation for down time. 


Warranties

Everything Earthmoving acts as an on-selling agent for the Original Equipment Manufacturer (OEM). Our aim is to keep you working with the quality products we supply. If at any time there is an issue arising from a product purchased from Everything Earthmoving please contact us or the OEM immediately. Do not attempt to repair a product that is within its warranty period onsite or in a workshop without contacting Everything Earthmoving or the OEM. Every attachment, piece of equipment, spare part or accessory supplied by Everything Earthmoving is bound by the individual OEM’s Warranty Statement and will be supplied with the manufacturers’ warranty.

All Products sold by Everything Earthmoving are warranted to be free from defects in materials or workmanship for the periods summarised below:

The warranty periods will commence from Date of Sale by Everything Earthmoving. Evidence of the date of sale may be required and for Internal moving parts warranties to be valid the product must be registered with The Original Equipment Manufacturer within 4 weeks of the date of sale. Products are to be registered by returning, to the OEM, the Registration Card/s supplied or by filling out an online form supplier by the OEM found on their website. This warranty is not transferable beyond the initial purchaser of the product.. 

A warranty claim should be reported to Everything Earthmoving and the OEM. The OEM or a nominated workshop provided by the OEM will make an initial assessment. 

The customer is responsible for returning the product for warranty inspection to the original supplying OEM’s facility or a facility nominated by the OEM. Parts should not be delivered without the prior agreement of the OEM.

During the warranty period the OEM, at its option, will repair or replace any parts free of charge determined as defective by the OEM. Such repairs will be undertaken by the OEM or its nominated representative at an OEM facility or a location deemed suitable by OEM. The OEM’s are not liable for any associated costs relating to a warranty failure.

Parts repaired or replaced by the OEM are then covered by this warranty for the remainder of the original warranty as if such parts were original parts.

Products or parts which, as determined by an OEM’s examination, show wear from normal use, have been improperly operated, damaged by accident or negligence, altered or modified are not considered defective and are not covered by this warranty.

This warranty is void if any attempt is made to make field repairs unless these have been pre-approved in writing by the OEM.

This warranty is void if the products are not serviced in-line with the instructions in the Operators Manual. Particular care should be taken to perform regular oil changes in gearboxes, engines and drives and greasing bearing surface and pins etc if applicable. 

This warranty is exclusive and in-lieu of any other expressed warranties. There are no warranties of merchantability or fitness for a particular purpose. An OEM or Everything Earthmoving shall not be liable for any consequential, incidental or punitive damages, losses or expenses, including those resulting from or caused by any defects. The warranty period will cease as determined by the OEM’s own warranty statement.

Returns and Refunds
When you purchase from Everything Earthmoving, above all else, we value you, our customer, and want to make your experience with our website and representatives the best shopping experience possible. If something goes wrong with your product, you should always contact us and we will do whatever we can to help. Please read the process for returns and refunds below that fully outlines your rights, and remember, we love your feedback. If you are not happy, tell us so we can improve our services for you. 
If the product you have purchased has been on-sold by Everything Earthmoving for the OEM please see the Warranties Policy above.

Process for Returns and Refunds
When seeking a return on a product, please contact us via contactus@everythingearthmoving.com.au or call 1300 43 44 33. Once contacted we will investigate your issues and advise you whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply. In order to make a claim, you must provide us with:
  1. details of the defect or damage in relation to which you are making a claim under the warranty;
  2. photographic evidence of the defect or damage, where applicable;
  3. your invoice (including order number) and any other proof of purchase; and
  4. any other details we may need to process your claim.
Once an item is returned we will either inspect your goods and investigate any claimed defect, or, where we believe it is applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer's instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.

Refunds will be issued using the payment method used for purchase. Store credits will be issued to the account used to purchase the goods.

We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.


Further information

We reserve the right to alter or modify this statement as required. The current version will be published here.

If you require any further information regarding our terms and conditions, then contact us by email at contactus@everythingearthmoving.com.au .

Everything Earthmoving  (ABN:  22 163 895 734)
PO Box 242
Woody Point, QLD 4019


©Copyright 2014 Everything Earthmoving. All Rights Reserved.
ABN: 22 163 895 734. All prices shown are in AUD and include GST/Tax.
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