EASTMAN AGRICULTURAL PARTS – SALE TERMS AND CONDITIONS

Introduction

This website is operated by Brett Rodney Eastman t/a Eastman Agricultural Parts (ABN 55 878 675 339) (we, our or us). These terms and conditions (Terms) govern your use of our website and the purchase of products through our website or when you purchase our products over the phone. By using our website or placing an order, you accept these Terms and enter into a binding agreement with us.

Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

Our liability under these terms is limited as set out in the Limitations section below.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on our website or for featuring certain products or services on our website.

Nothing in these terms limit your rights under the Australian Consumer Law.

Orders

You may order products as shown on our website. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.
You must be at least 18 years old to place orders.
We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms.
All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability information on our website. Any pre-order products (not currently in stock) will be clearly marked on our website. Any dispatch dates shown are estimates only, and we are not liable for delays or date inaccuracies.
We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.
Colours and images displayed on our website may vary from the actual product due to monitor settings, lighting, and photography.
We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, or errors on our website (such as incorrect descriptions, prices or images). We will contact you using the details you provided when ordering.

Payments

You must pay in full when you place your order. The amount payable includes product price, delivery charges, and GST, as displayed at checkout. You remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for any delays or additional costs resulting from customs clearance processes.
We accept the payment methods displayed on our website at the time of purchase. Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them.

Delivery, title and risk

We will supply the products in accordance with these Terms.
We deliver to areas specified on our website. If you are outside our delivery area, please contact us to discuss alternative options.
Any delivery timeframes shown on our website are estimates only.
We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.
We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.
Risk in the products will pass to you when the products have been delivered to the delivery address, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the products will pass to you on delivery to the carrier.

Refunds and Returns

Without affecting your rights under the Australian Consumer Law (see below), we offer refunds in accordance with our Returns Policy on our website. We also offer a Warranty Against Defects as set out in Schedule 1 below.
We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.
You may have rights under the Australian Consumer Law (see below) in addition to this clause.

Australian Consumer Law

Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms (for example, in our Warranty Against Defects at Schedule 1 below).
Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.

Liability

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;
each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and
each party's total liability arising from or relating to these Terms or the products will not exceed the amount paid for the specific products that are the subject of the relevant claim.

Use of Our Website

When using our website, you must not:

breach any person's privacy, legal rights, or upload personal information without consent;
defame, harass, threaten, or offend any person;
use our website for any unlawful purpose;
interfere with other users or our website's operation;
introduce viruses, malware, or attempt to modify or tamper with our website;
send spam or unsolicited messages;
use automated tools such as bots, scrapers, or data mining software;
assist others in doing any of the above;
provide false, inaccurate, or misleading information;
use another person's details without authorisation; or
fail to maintain the security of any access credentials we provide to you.

Intellectual Property

All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.
You must not, without our prior written consent:
1. 1. 1. copy, reproduce, distribute, sell, publish, or broadcast our intellectual property;
    2. use our intellectual property for commercial purposes or revenue generation;
    3. modify, adapt, or create derivative works from our intellectual property;
    4. frame or embed our content in another website; or
    5. remove or alter any copyright notices or proprietary markings.
You may share our content on social media or personal blogs provided you:
1. 1. 1. do not claim ownership of our intellectual property;
    2. do not imply our endorsement unless explicitly agreed in writing; and
    3. do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.
If you submit content to our website (such as reviews, comments, or feedback), you:
1. 1. 1. grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;
    2. warrant that you own the content or have permission to submit it;
    3. acknowledge that we may remove any content at our discretion; and
    4. remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

General

Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.
Complaints and Feedback: We are always looking to improve our services and products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have.
Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 14 days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.
Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
Governing Law: Both parties submit to the exclusive jurisdiction of the courts operating in Victoria.
Notices: Any notice given under these Terms must be in writing addressed to us at eastmanparts@bigpond.com or to you at the details provided when you submitted your order or in your account.
Privacy: We will comply with all applicable data protection laws, and your personal information will be handled in accordance with our privacy policy (available on our website).

Last update: 7 January 2025

SCHEDULE 1 – WARRANTY AGAINST DEFECTS

In this Warranty:

We, us, or our means Brett Rodney Eastman t/a Eastman Agricultural Parts (ABN 55 878 675 339) and our contact details are set out at the end of this warranty;

You, or your means the purchaser or the original end-user of the Goods; and

Goods means the product or equipment supplied to you by us pursuant to the our Sale Terms and Conditions and which were purchased in Australia.

This Warranty is attached to and forms part of our Sale Terms and Conditions.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Warranty
1. We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).
2. Subject to the terms of this Warranty and unless otherwise specified in the product description of the Goods, if during the first 12 from the date of purchase of the Goods from the Supplier (Warranty Period) the Goods prove defective by reason of improper workmanship or materials, we will, at our reasonable election, repair the Goods, resupply the Goods, or issue a full or partial refund to you with respect to any amount paid for the defective part (or all) of your Goods. Your Consumer Law Rights may extend beyond the Warranty Period.
3. If any materials or parts required to facilitate any repair or replacement pursuant to clause 1.2 are unavailable or no longer in production, or your model of Goods is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, or models.
Making a valid warranty claim
1. To claim the benefit of this Warranty, you must:
  1. 1. 1. notify us by email as soon as you become aware that the Goods are defective and in any event, within 14 days of when you become aware that the Goods are defective with evidence of proof of purchase of your Goods from us and a description and photographs of the claimed defect;
      2. if we ask you to, you must return to return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below; and
      3. provide any other information reasonably required by us to assess your claim.
2. Where you return the Goods as part of a Warranty claim under this clause 2.1, where we find the Goods are covered by this Warranty, we will refund the reasonable associated costs of you returning the product to us.
3. Where we accept your claim under this Warranty, clause Error! Reference source not found. will apply.
When this warranty applies and when it does not
1. This Warranty does not cover any filters or high-wearing machinery parts.
2. This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:
  1. 1. 1. act or omission, accident, or negligence by you or any third party not engaged by us (including any third party installer of your Goods);
      2. failure on your part to follow any instructions or guidelines (including any manual) provided by us in relation to your Goods or properly maintain your Goods in accordance with any of our instructions or guidelines (including any manual);
      3. use of your Goods otherwise than for any application or use specified by us;
      4. continued use of your Goods (where such use is not reasonable) after any defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;
      5. incorporation or installation of fixtures, appliances or other items into your Goods;
      6. failure by you to notify us of any defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;
      7. reasonable wear and tear of your Goods;
      8. act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our reasonable control); or
      9. installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Goods by you or any person other than us.
General
1. This Warranty is only valid and enforceable in Australia and is governed by the laws of Victoria.
2. No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
3. No Assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
4. Severance: If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

Contact us for further details:

Brett Rodney Eastman t/a Eastman Agricultural Parts (ABN 55 878 675 339)

PO Box 419, Essendon North, Victoria 3041, Australia

eastmanparts@bigpond.com

1800 372787

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Terms & Conditions

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

Nothing in these terms limit your rights under the Australian Consumer Law.

When using our website, you must not:

Last update: 7 January 2025

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