This Agreement is a contract between You and Rouse Hill Tractors. It sets out the terms and conditions under which You may purchase products online from Rouse Hill Tractors.
Please read the following terms and conditions carefully before placing your order on Rouse Hill Tractors website. By completing the customer application process and using Rouse Hill Tractors website, You agree to be bound by the terms and conditions of this Agreement.
In these Conditions:
"Agreement" means an agreement between You and Rouse Hill Tractors to supply Goods. The Agreement consists of the Order and these Conditions.
"Conditions" means these Conditions and any agreed written variations.
"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.
"Goods" means Goods described in an Order and includes packaging.
"Intellectual Property Rights" includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.
“Minimum Amount” means the minimum amount (excluding the Delivery Charge) required to place an Order with Rouse Hill Tractors.
"Order" means an order by You to purchase Goods from Rouse Hill Tractors.
"Product List" means the list of Goods displayed on Rouse Hill Tractors Internet site as amended from time to time.
"Delivery Charge" means the fee payable to Rouse Hill Tractors in respect of delivery of the Goods and handling costs associated with processing your Order.
2.1 What is the Agreement?
The entire agreement between You and Rouse Hill Tractors for the purchase of Goods by You from Rouse Hill Tractors is:
(a) these Conditions; and
(b) the terms of the Order.
2.2 When the Agreement is formed
An agreement exists between You and Rouse Hill Tractors once:
(a) Rouse Hill Tractors accepts an Order; or
(b) Rouse Hill Tractors receives the Order and does not reject it within fourteen days.
2.3 Each Order is a separate agreement.
If You owe money to Rouse Hill Tractors under one agreement, Rouse Hill Tractors may set-off that money against any money that You owe to Rouse Hill Tractors under another agreement. If Rouse Hill Tractors owes money to You under one agreement Rouse Hill Tractors may set-off that money against any money that it owes You under another agreement.
3.1 Set up costs
You are responsible for any costs associated with accessing the Rouse Hill Tractors website and placing orders for Goods Rouse Hill Tractors website including any Internet provider fees.
PURCHASE ORDERS & DELIVERY OF GOODS
You will place an Order on Rouse Hill Tractors website by selecting Goods and pressing the "Submit Order" button. Orders will be deemed to have been received by Rouse Hill Tractors at the time of successful transmission of the Order. An Order must be equal to or more than the Minimum Amount.
4.2 Delivery of the Goods
Rouse Hill Tractors will deliver the Goods to You at the Delivery Address within 7 days of the next working day of sending an order. The Goods will be delivered regardless of whether or not any person is at the Delivery Address to receive the Goods.
4.3 Delivery Charge
You will be advised by Rouse Hill Tractors of the delivery charge (or such other fee as may be specified by Rouse Hill Tractors) in respect of each Order.
RISK & TITLE IN THE GOODS
5.1 Risk and Title
Property and risk in the Goods passes to You upon delivery and payment of the Goods to the Delivery Address.
5.2 Returns or Refunds
You can contact Rouse Hill Tractors immediately (email address is to be advised), if you are not satisfied with the quality of the Goods you have purchased. Goods can be returned with 100% refund, providing the goods is in new condition. We will assess your request for a credit or refund of the purchase price. The return goods are limited to within 7 days of goods being received. Outside this time, there will be no refunds
PRICE OF GOODS & PAYMENT
6.1 Price of Goods
The price of the Goods you must pay will be the price shown on the Product List at the time you order the Goods.
6.2 Delivery Charge
You also agree to pay the Delivery charge in respect of each Order.
6.4 Method of payment
You shall pay for the Goods at the time of order and Orders may paid by credit cards (Bankcard, MasterCard, Visa,). Rouse Hill Tractors also accepts cheque, money order, direct bank credit payable to Rouse Hill Tractors
PACKAGING & LABELLING OF GOODS
Rouse Hill Tractors aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You.
OUT OF STOCKS
You will be advised by email from Rouse Hill Tractors if goods you order are out of stock.
INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge that Rouse Hill Tractors or its related corporations own or are licensed to use all Intellectual Property Rights in Rouse Hill Tractors (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy Rouse Hill Tractors in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.
9.2 You acknowledge that any trademarks or logos which appear on Rouse Hill Tractors website are owned by or licensed to Rouse Hill Tractors or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
10.1 You acknowledge that Rouse Hill Tractors is provided "AS IS" and that Rouse Hill Tractors is not making and has not made any warranty or representation as to Rouse Hill Tractors' suitability for any particular purpose. You agree that in using Rouse Hill Tractors website, You are not relying on any statement or representation made by Rouse Hill Tractors which is not expressly contained in this Agreement.
10.2 You agree that any liability of Rouse Hill Tractors arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods supplied to You through use of Rouse Hill Tractors (other than a condition or warranty implied by legislation which does not permit Rouse Hill Tractors' liability to be limited as stated in this clause 10.2) will be limited to: - if the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and
10.3 You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Rouse Hill Tractors and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Rouse Hill Tractors or this Agreement, including, without limitation, loss or damage caused by the negligence of Rouse Hill Tractors or its related corporations.
NOTIFICATION OF CHANGES
Rouse Hill Tractors may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 15. Your use of Rouse Hill Tractors after notice will constitute your deemed acceptance of such changes.
PRIVACY & SECURITY
For details on the Rouse Hill Tractors Privacy & Security Statement, please click on the link Privacy & Security (To be advised)
Rouse Hill Tractors may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact Rouse Hill Tractors directly (email address is to be advised). Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.
Rouse Hill Tractors may give notice to You by electronic mail, conventional mail to your address contained in the membership registration information or notice posting on the Rouse Hill Tractors website. You may give notice to Rouse Hill Tractors by electronic mail to (email address is to be advised)
PROVISIONS ARE SEVERABLE
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
New South Wales LAW APPLIES
The laws of NSW Govern this Agreement.
Rouse Hill Tractors Pty. Ltd. - Telephone: (02) 9629 1296 - Email: email@example.com