In these Terms and Conditions:
Agtrac, we, our or us means Murph & Co Pty Ltd trading as Agtrac Machinery.
Customer means the purchaser of Goods or Services supplied by Agtrac.
Goods includes machinery, equipment, spare parts, attachments, consumables and all other products supplied by Agtrac.
Services includes repairs, servicing, maintenance, field service work, inspections, installations, transport and all related labour.
These Terms and Conditions apply to all Sales Orders, quotations, sales, deliveries, repairs and services supplied by Agtrac unless otherwise agreed in writing.
The Customer is deemed to have accepted these Terms and Conditions by:
Quotations remain valid for 30 days unless otherwise stated.
Agtrac may withdraw or amend a quotation at any time prior to acceptance.
Any variation requested by the Customer may result in a revised quotation.
A quotation is provided for pricing purposes only and does not constitute acceptance of an order by Agtrac.
Unless otherwise stated, all prices are inclusive of GST.
Prices are based on supplier pricing, freight costs and exchange rates applicable at the date of quotation.
Agtrac reserves the right to adjust pricing where supplier pricing, freight charges, duties, taxes or government charges increase prior to delivery.
Agtrac may require a deposit before ordering or supplying Goods. Upon acceptance by Agtrac of a Sales Order, a legally binding contract is formed between Agtrac and the Customer for the supply of the Goods and/or Services described in the Sales Order.
Any deposit or part payment confirms the Customer's acceptance of the order and is non-refundable except:
where required by law;
where otherwise agreed in writing by Agtrac; or
where the Sales Order is expressly stated to be subject to finance approval through
Kubota Australia Finance (KAF) and the Customer's completed finance application is declined.
The finance approval condition applies only where:
The finance approval condition does not apply where the Customer:
As many Goods are ordered, manufactured, assembled or prepared specifically for the Customer, orders may not be cancelled without Agtrac's prior written consent.
Where Agtrac agrees to cancel an order, the Customer must reimburse Agtrac for all reasonable costs actually incurred, including:
Unless otherwise agreed in writing, cancelled machinery orders may incur a cancellation fee of up to 20% of the purchase price, to the extent permitted by law.
Unless otherwise agreed in writing:
Payment is not deemed received until cleared funds are available to Agtrac.
The Customer may not withhold payment or make deductions or set-offs without Agtrac's written consent.
Delivery dates are estimates only.
Agtrac is not liable for delays caused by manufacturers, suppliers, transport providers or circumstances beyond our reasonable control.
Risk in the Goods passes to the Customer immediately upon:
Ownership of Goods supplied by Agtrac remains with Agtrac until all monies owed by the Customer have been paid in full.
Until ownership passes, the Customer must:
The Customer acknowledges that these Terms create a security interest in favour of Agtrac under the Personal Property Securities Act 2009 (Cth). The Customer agrees to do all things reasonably required by Agtrac to register and maintain its security interest.
Agtrac may register its security interest on the Personal Property Securities Register.
The Customer authorises Agtrac to inspect, test and operate machinery as reasonably necessary to diagnose faults and perform repairs.
Where additional work is identified, Agtrac will obtain approval before proceeding, This may cause delays to the completion of the work.
Where the Customer cannot be contacted, and there for the work halted storage fees may be incurred.
Parts removed during repairs may be retained by Agtrac unless otherwise requested before completion of work.
Field service charges may include:
Minimum call-out charges may apply (30 Min Labour plus Travel per KM).
The Customer must provide safe and reasonable access to the worksite.
Agtrac reserves the right to refuse work where a site is unsafe.
Agtrac may charge reasonable storage fees where:
machinery is not collected within 14 days of notification that work has been completed; or
delivery arrangements are not finalised within 14 days of notification.
Storage fees may accrue daily until collection occurs.
Returns will only be accepted at Agtrac's discretion.
Special-order, electrical, software, non-stock and customised items are generally not returnable.
Accepted returns may be subject to freight, handling and supplier restocking charges.
New machinery and equipment are supplied subject to the applicable manufacturer's warranty.
Warranty claims are subject to manufacturer approval and warranty conditions.
Agtrac does not provide any warranty beyond that required by law unless expressly stated in writing.
Unless otherwise required by the Australian Consumer Law:
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.
Where permitted by law, Agtrac's liability is limited to:
Goods
Services
To the maximum extent permitted by law, Agtrac is not liable for:
Agtrac's total liability shall not exceed the amount paid by the Customer for the relevant Goods or Services.
If payment is not made when due:
interest will accrue at 7% per annum, calculated daily;
Agtrac may suspend supply of Goods or Services; and
Agtrac may recover all reasonable costs of collection, including legal costs, debt collection fees and recovery expenses.
Agtrac may retain possession of any machinery, equipment or Goods in its possession until all amounts owing by the Customer have been paid in full.
Agtrac is not liable for delays or failure to perform obligations due to circumstances beyond its reasonable control, including:
Agtrac collects and handles personal information in accordance with its Privacy Policy.
A current copy of the Privacy Policy is available upon request or via our website.
These Terms and Conditions are governed by the laws of Western Australia.
The parties submit to the exclusive jurisdiction of the courts of Western Australia.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms and Conditions constitute the entire agreement between Agtrac and the Customer unless otherwise agreed in writing.
We Provide the Highest Quality Equipment, Service and Repairs That Help the Australian Farmer Succeed.
