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Terms & Conditions

  1. ACCEPTANCE
    1.  These Terms & Conditions (Terms) apply to the use of this website qualityagparts.co.nz (Website) and the supply of all equipment and parts (each a Product and together the Products) provided by Quality Ag Parts Limited (New Zealand Company Number 7876716) (we, us, our) to customers (including individuals and entities) (you, your).
    2. You are responsible for reading and understanding these Terms prior to using our Website. Accessing this Website or contracting us to supply a Product shall constitute acceptance by you of all terms and conditions contained within these Terms.
    3. We reserve the right to amend these Terms at any time, and unless stated otherwise, any change to these Terms shall take effect immediately. You are responsible for ensuring you are familiar with our latest Terms, and we recommend you read these Terms on each occasion prior to accessing our Website or engaging us to provide any Product.
  2. PRODUCT DESCRIPTIONS
    1. While we endeavour to ensure that our Products are represented accurately on our Website, we do not warrant our Products will be described without error. Where we become aware of any error relating to the description of a Product, we reserve the right to correct such error.
    2. Where a Product has been listed at an incorrect price or with incorrect descriptive information or images (including where such errors are due to a typographical error or similar oversight by us), we reserve the right to cancel an order placed by you and refund funds paid by you for that Product.
  3. PRODUCT ORDERS
    1. Our Products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase any Product through our Website, you acknowledge that you are over eighteen (18) years of age.
    2. We endeavour to ensure that our Product list is current, however we give no undertaking to you as to the availability of any Product advertised on our Website.
    3. When you order from us, we require you to provide your name, address, email, and telephone contact. We undertake to use all reasonable care with your information, however, you accept that we are not liable for any misuse due to error in transmission or virus or malware. Any information provided by you to us must be true, current and complete (including when setting up an account).  You must promptly update your information as required so that the information remains true, current and complete.
    4. We may reject your order at our complete discretion (including due to a lack of stock relating to the applicable Product) and are not required to give any reasons to you for such rejection or to compensate you in any manner.
    5. Once you have submitted an order to us, you may not cancel that order (regardless of whether our acceptance or rejection of your order is still pending).
    6. Information relating to the delivery of your order (including, without limitation, any anticipated timeframes) shall be provided to you upon request. Ownership of any Products ordered by you remains with us until we have received payment in full from you, and all risk pertaining to that order passes to you upon delivery. We will not be responsible for any delays in delivery which are beyond our reasonable control.
    7. If we have provided you with a refund for a Product, you must arrange for the prompt return of the applicable Product to us in substantially the same condition as when that Product was purchased by you.
  4. SITE ACCESS
    1. Your access to our Website must be via standard web browsers only and not by any other method such as scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method. We reserve the right to serve you with notice for any unauthorised use pertaining to our Website.  You must not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, our Website or otherwise attempt to damage or interfere with our Website.
    2. Except as permitted under the New Zealand Copyright Act 1994, you are not permitted to copy, reproduce, publish, distribute or display any of the information on our Website without our prior written permission (which may be withheld by us at our complete discretion).
  5. HYPERLINKS
    1. Our Website may from time to time contain hyperlinks to other websites (Linked Websites). Such hyperlinks to Linked Websites are provided by us for convenience only and we take no responsibility for any Linked Websites. Any hyperlink on our Website to a Linked Website does not imply any endorsement, approval or recommendation of, or responsibility for, those Linked Websites or their contents, operations, products or operators.
    2. You may only link our Website if you have contacted us by email and obtained our prior written consent (which we will not unreasonably withhold or delay). Any such linking to our Website will be entirely your responsibility and at your expense, and we are under no responsibility to compensate you in any manner. When linking to our Website, you must not alter our Website in any way (including, without limitation, with respect to any content, any intellectual property notices, framing, reformatting any pages, files, images, text or other materials).
  6. INTELLECTUAL PROPERTY RIGHTS
    1. We (and our licensors) exclusively own all intellectual property rights relating to all content contained within our Website (including data, artwork, photographs, logos, applets, graphics, images, layouts and text).
    2. Your access to our Website does not authorise you to use any of our intellectual property in any commercial manner without our prior written consent (which we may withhold at our complete discretion).
    3. Any comment, feedback, idea or suggestion provided by you on our Website shall automatically become our property, and we may choose to use your comments for the purposes of promoting our Website or in any other manner. Accordingly, you acknowledge and agree that we are entitled to use your comments for any commercial or non-commercial purpose without us being obligated to compensate you in any manner.
  7. DISCLAIMERS
    1. While we have taken all due care in providing the information on our Website, we do not provide any express of implied warranty to you. To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs (together a Loss) including in connection with our Website being unavailable (in whole or in part) or performing slowly, or any error in, or omission from, any information made available through our Website.  To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.
    2. We take all due care in ensuring that our Website is free from any exposure to any virus, worm, Trojan horse, malware or any other form of interference, however we are not responsible for any for Loss suffered by you relating to your computer system which arises in connection with your use of our Website or any Linked Website. To avoid doubt, you access and use our Website at your own risk, and you are solely responsible for ensuring the process by which you access and use our Website protects you from any Loss.
    3. From time to time we may host third party content on our Website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions relating to such material.
    4. We make no representation or warranty that our Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of our Website is not illegal or prohibited, and for your own compliance with applicable local laws.
  8. LIMITATION OF LIABILITY
    1. To the full extent permitted by law our total liability to you for breach under or in connection with this Website or for any Loss arising out of any defect of any of the Products is limited to the total retail value of such Products purchased by you. Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to the total retail value of such Products purchased by you.
    2. We accept no liability for any Loss whatsoever suffered by you or any other person in connection with these Terms, our Website or any Product. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
  9. INDEMNITY
    1. By accessing our Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses, whether direct or indirect (including legal fees) suffered by us and arising from or in connection with your use of our Website, or any breach or failure to comply with any of these Terms.
  10. PRIVACY
    1. We undertake to take all due care with any information which you may provide to us when accessing our Website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk, although we undertake to take reasonable steps to preserve such information in a secure manner.
    2. For the purposes of the efficient running of our business, we may hold, collect and use any information you provide to us and we may also provide that information to any of our employees or agents.
  11. SUSPENSION AND TERMINATION
    1. Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to our Website (or any part of it). On suspension or termination, you must immediately cease using our Website and must not attempt to gain further access.
  12. DELAY AND WAIVER
    1. Any failure by us to enforce any clause of these Terms, or any forbearance, delay or indulgence granted by us to you will not be construed as a waiver of our rights under these Terms.
  13. SURVIVAL
    1. Any indemnities, warranties or obligations of confidence under these Terms shall survive the termination of these Terms. Any other terms of these Terms which are, by their nature, intended to survive termination of these Terms, shall survive the termination of these Terms.
  14. VALIDITY
    1. If any provision of these Terms is, or becomes, unenforceable, illegal or invalid for any reason, these Terms will remain in full force apart from such provision which will be deemed deleted.
  15. JURISDICTION
    1. These Terms will be governed by and construed in accordance with the laws of New Zealand and the parties irrevocably submit to the exclusive jurisdiction of the Courts of New Zealand with respect to any legal action, suit or proceeding or any other matter arising out of or in connection with these Terms.

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