TERMS AND CONDITIONS

MAXIMUS AG TERMS AND CONDITIONS OF SALE

INTERPRETATION

“Agreement” means an agreement between the Buyer and Seller to supply Goods;

“Conditions” means these Conditions and any agreed written variations;

“Goods” means the articles that the Buyer agrees to buy from the Seller;

“Order” means an order made by the Buyer to purchase goods from the Seller;

“Delivery Charge” means the fee payable by the Buyer to accommodate for delivery to nearest depot, or front door;

“Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller.

“Seller” refers to Maximus Ag Pty Ltd owns and operates rock pickers, manure spreaders, feed mixers; and other specialist agricultural machinery.

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 APPLICATION

The terms and conditions stipulated shall apply to all contracts for the sale of Goods by the Seller to the Buyer, and shall be deemed to prevail over any other documentation or communication from the Buyer.

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QUOTATIONS

The Sellers Quotation(s) shall remain valid for the period as stated below the Quotation, or where no such period is stated, for 30 days from the date thereon. A Quotation is not an offer to sell and may be withdrawn or amended by the Seller without notice;

The Buyer is responsible to pay for their own freight, price depending on location, unless otherwise agreed upon in writing with the Seller.

The Quotation is based upon the Goods listed in the Quotation. Should there be any variation in the total quantity of Goods ordered, the Seller reserves the right to amend the price accordingly; and

Where the Goods ordered by the Buyer are not available in stock at the time of Order, the Buyer will be expressly notified of expected delivery date, which may be subject to unforeseeable delays, which do not give the Buyer the right to a refund.

PAYMENT

Deposit

The Seller will require a deposit (unless otherwise agreed upon) from the Buyer before commencing the Order and the Buyer acknowledges that the Seller is under no obligation to start the order unless deposit is received.

Deposits are non-refundable however can be transferrable to a future order with Maximus Ag Pty Ltd.

Cancellation

The Buyer must reimburse the Seller for any costs, expenses or losses incurred, in the event that the Buyer cancels an accepted quote/invoice, or forfeits an already approved finance approval. A Quote and/or Invoice is deemed to be accepted if any sort of deposit is placed into the Seller’s funds.

DELIVERY

Any delivery time, completion date or period offered is an estimate only and is not to be construed as a fixed time unless expressly construed in writing;

Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date, and this does not give the right to a refund;

The Seller is to endeavour reasonably, to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller will not be liable for any losses, costs, damages or expenses encountered by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Title and risk in the Goods shall pass to the Buyer, or its agent or to a third party nominated by the Buyer, upon delivery of goods and upon full payment; and

Delivery of goods shall be made to the Buyer’s address as specified in Tax Invoice or Quotation, and the Buyer shall make all arrangements necessary to take delivery of the goods when they are tendered for delivery.

If the Buyers funds have not been cleared and cannot or refuses to pay the balance, the Buyer will be held liable to pay for the freight costs both ways and the deposit will be non refundable.

The Buyer must ensure somebody over the age of 18 is at the property at the time of delivery.

RIGHTS OF SELLER

The Seller reserves the right to periodically update products (price, specifications, colours, models etc) on the website, which cannot be guaranteed for any period of time.

Goods are available until stocks last, unless otherwise stated in writing. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an Order;

The Seller reserves the right to withdraw Goods from the website at any given time; and

The Seller shall not be deemed liable for withdrawing Goods from the website.

BUYER’S RESPONSIBILITY

The buyer agrees to:

Within seven (7) days to notify the Seller should they have not received all manuals and warranty forms;

To read and understand the safety procedures before operating the unit. These procedures are to be found in the respective manuals;

Insurance will be the Buyer’s liability from the time the Goods leave the Seller’s premises;

Ensure its officers, employees and agents have received correct operator and safety training according to the Instruction Manuals provided;

Not make any claim against the Seller and further indemnifies the Seller against all loss or damage to person or property that may be occasioned due to the Buyer’s failure to carry out operator training in the correct use of the Goods. For the avoidance of doubt this includes any and all loss or damage due to negligence on the part of the Buyer, its officers, employees or agents.

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WARRANTY

The Seller reserves the right to offer extended warranty of up to 1 year, where time can be periodically updated at any given time;

The Buyer must read the terms and conditions of the warranty prior to operating the Goods, as ignorance will not be tolerated;

The Seller reserves the right to make null and void the warranty should the Goods be subject to modification, alteration or damage, beyond the ordinary intended use of the Goods; and

The Seller is not legally bound to step beyond the terms and conditions of the third party warranty agreement at any given time, completely being within managerial discretion.

CHANGES TO TERMS & CONDITIONS

The Seller reserves the right to alter these Terms & Conditions at any given time without notice. By continuing to use the Web Site, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes, which will be communicated via email if need be.

RETURN POLICY

Return of goods by the Buyer can only be made with the prior written approval of the Seller.

Strictly no returns for “change of mind”.

The cost of return freight will be the onus of the Buyer, not the Seller.

Where returned Goods are found to be damaged due to the Buyer’s fault and neglect, the Buyer will be liable for the cost of repairing such damage.

LIABILITY

Disclaimer of Liability/Indirect Losses

Notwithstanding any other provision of these Terms and Conditions, the Seller is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence to the Buyer for:

a) Any increased costs or expenses;

b) Any loss of profit, revenue, business, contracts or anticipated savings;

c) Any loss or expense resulting from a claim by a third party; or

d) Any special, indirect or consequential loss or damage of any nature whatsoever caused by the Seller’s failure to complete or delay in completing the Order or to deliver the Goods.

PRIVACY

The Buyer hereby authorises the Seller to collect, retain, record and use and disclose commercial information about the Buyer, in accordance with Australian Privacy Laws (Privacy Act 1988 )).

The Buyer accepts that any form of communication made with the Seller is subject to collection and used for the following purposes:

a) Keep customers informed with new products and/or specials;

b) Responding to enquiries about our products and services;

c) Processing of orders; and

d) Marketing purposes.

 SEVERANCE

If any provision in this agreement is unlawful or inconsistent with any law, then to the extent of the unlawful nature of inconsistency, that provision may be severed from without affecting the validity or enforceability of the remaining provisions in this agreement.

FORCE MAJEURE

The Seller will not be held responsible of the consequences of force majeure, being an event beyond any person’s control.

Force Majeure includes but is not limited to loss or damage caused by: fire, flood, tempest, earthquake, riot, strike, crime, civil disturbance, breakdown, war etc.

TRADEMARK

Permission to use documents delivered from the Web Site and/or server and related graphics is restricted. The name of the seller or any of the above trademarks or logos may not be used without the seller’s specific, written prior permission.

JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of South Australia.