Site Terms & Conditions
Access to and use of this site is provided by ACN 107 402 282 trading as North East Ag & Industrial (referred to in these Terms as ” North East Ag & Industrial “, “us” or “we”) on the terms and conditions set out below (“Terms”). By accessing or using this site, users (referred to in these Terms as “you” or “users”) will be taken to have agreed to these Terms. North East Ag & Industrial reserves the right to change these Terms from time to time.
This site is Copyright © 2007 to Rotcarts Pty Ltd ACN 107 402 282. All rights reserved.
All content included on this site, such as text, graphics, photos, logos, button icons, images and audio clips is the property of North East Ag & Industrial its advertisers, or content suppliers. This material is protected by Australian and international copyright laws. This material may be used as a purchasing resource by users. Any other use by users, including the reproduction, adaptation, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited.
All software used on this site is the property North East Ag & Industrial or its software suppliers or licensors and is protected by Australian and international copyright laws. Unauthorised reproduction, adaptation, modification, distribution, transmission, republication, display or other use of this software is strictly prohibited.
2. Disclaimer/Exclusion of Warranties
North East Ag & Industrial makes no representation about and does not warrant accuracy, quality, completeness or currency of any information or content provided on or accessible via, this site. Further, North East Ag & Industrial does not accept any responsibility for the acts or omissions of others using this site. Users must investigate for themselves the suitability, quality and condition of any item they wish to purchase using this site. North East Ag & Industrial will not accept any (and hereby excludes all) legal liability for the information or content on, or accessible via, this site. It is your responsibility to verify any information before relying on it.
North East Ag & Industrial expressly excludes (to the fullest extent permitted at law) all warranties of any kind and does not accept responsibility for, without limitation, the following:
(a) Any implied warranties as to fitness for purpose or merchantability of this site or any of the items listed on it from time to time.
(b) The legality, quality, safety, or compliance with any applicable product safety, quality or consumer product standards of this service, and this site or any items listed on this site from time to time.
(c) The capacity of a seller to sell or supply items offered for sale, the capacity of a buyer to buy and complete a transaction or that any users of this site will act lawfully in such use.
(d) That using this the use of this service and this site will not result in infringement of third party rights (including, but not limited to, intellectual property rights).
In addition, North East Ag & Industrial makes no representation and does not warrant that:
(a) Any users purported identity is authentic or genuine.
(b) The services provided by us, including this site and searches made using this site, will be timely, secure or error free.
North East Ag & Industrial does not and cannot guarantee continuous, uninterrupted access to this site. While we endeavour to ensure availability of and access to the North East Ag & Industrial site, operation of this site and our services may be interfered with by numerous factors, including by factors outside of our control.
3. Non-Exclusive Warranties
To the extent that North East Ag & Industrial is obliged by law to provide any warranty in respect of goods or services listed on this site and is able to limit remedies available by these Terms and Conditions, North East Ag & Industrial expressly limits its liability to either of the following , or combination thereof , in Machinery Mart’s sole discretion:
In the case of goods:
(a) Replacement or supply of equivalent goods.
(b) Payment of the cost of replacing or of acquiring equivalent goods.
(c) Repairing the goods.
(d) Payment of the cost of repairing the goods.
In the case of services:
(a) The supply of the services again.
(b) The payment of the cost of having the services supplied again.
4. Limitation of Liability
North East Ag & Industrial will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damages) which may be suffered or incurred by you as a result of any negligent act or omission by us or arising out of or otherwise in connection with your use of this site or our services ( howsoever arising including contract and negligence). North East Ag & Industrial liability to you is limited (at our election) to the greater of the following:
(a) Re-supply of services supplied or offered by us or the cost of this re-supply.
You agree to indemnify and hold harmless North East Ag & Industrial and its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against all claims, demands, proceedings, loss, damage, cost, expense of every kind which may be made, suffered or incurred by you or by a third party as a result of or in connection with:
(a) Your use of this site and our services.
(b) Your breach or alleged breach of these terms and conditions.
(c) Your breach or alleged breach of any law or the rights of a third party.
In the event that you have a dispute with one or more users, dealers, purchasers or sellers on this site, you agree that you will not take any legal action against North East Ag & Industrial and its officers, directors, employees, affiliates, parents and subsidiaries and release them from all claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
7. Compliance with the Law
You are responsible for complying with, and you are obliged to comply with:
- All applicable domestic and international laws including common law, statutes, ordinances and regulations regarding your use of our website and any transactions entered into using our website.
- The Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) or other applicable legislation regarding the items you list.
- These Terms.
8. No Agency
You and North East Ag & Industrial are independent contractors. You do not have authority to act on behalf of or bind North East Ag & Industrial. There is no agency, partnership, joint venture, employer-employee or franchiser -franchisee relationship created or intended to be created by these Terms and Conditions or use of this site.
9. Other Websites
North East Ag & Industrial makes no representations or warranties whatsoever about any other website that you may access through this site. North East Ag & Industrial does not endorse, or accept any responsibility for, the content or use of any third party website linked from this site.
10. Access to Site Outside Australia
North East Ag & Industrial does not warrant that the content on this site complies with the laws of any country outside of Australia. If you access this site from outside Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or in any subsequent dealings via this site or as a result of accessing this site.
11. No Offer Where Illegality Arises
Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
13. Governing Law
This site is operated from Victoria, Australia. These Terms (and your use of this site) are governed by the laws of this State.