Welcome to the Unearth Ag Ltd Website, Please Read this Agreement carefully as it governs you us of the Unearth Ag Ltd website, it exempts Unearth Ag Ltd and other persons from liability or limits there liability, and contains other important provisions that you should read.
Unearth Ag Ltd Limited reserves the right to alter prices without notice at any time. Customers may equally withdraw their order if the price invoiced is not the price indicated at the time that the order was placed. Unearth Ag Ltd Limited does not guarantee that advertised products will always be available when you place your order, but if your order cannot be filled immediately, we will advise you and give you the opportunity to withdraw your order. Unearth Ag Ltd Limited reserves the right to limit the number of sale items purchased per customer.
The prices shown on this website reflect the cost to the customer excluding GST, less shipping costs. GST will be added to the cost of the goods at the time of invoice will be payable by the customer.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and Unearth Ag Ltd Limited (“Unearth Ag Ltd”) regarding your access to and use of Unearth Ag Ltd website and all content, information, products and services available on or through the website (collectively, the “Website”). This Agreement also provides benefits to Unearth Ag Ltd affiliates, service providers, suppliers, and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with Unearth Ag Ltd, including a transaction agreement.
2. CHANGES TO THIS AGREEMENT
Unearth Ag Ltd may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
Terms and Conditions for warranty service
Due to the varying types of product we sell, and the differences between the policies of our manufacturers, warranties will vary between products. Please refer to the specific product for details of the warranty period pertaining to that product.
Proof of purchase is required
Out-of-warranty hardware repair costs are the sole responsibility of the user.
3. DELIVERY, CANCELLATION, GOODS RETURN FOR CREDIT, AND RESTOCKING FEE
Unearth Ag Ltd will make every effort to ensure delivery of goods or performance of services is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. All claims for shortage or damage during delivery must be made to the carrier within seven days of the date of delivery.
• Delivery shall be made at the place indicated in the contract or if no place is indicated delivery shall be made at the Unearth Ag Ltd premises where the goods are to be forwarded to the Customer directly therefrom. Unearth Ag Ltd will take all reasonable steps to make delivery at the time requested by the Customer but shall not be responsible for any loss whatsoever sustained by the Customer for delay in delivery.
• In the event that the Customer cancels any order subsequent to despatch by Unearth Ag Ltd to the Customer (regardless of whether or not said order has been delivered to the Customer), Unearth Ag Ltd will credit the Customer for the order value less the restock fee on return in saleable condition of the items ordered provided such return is within 7 days of despatch. Freight charges will not be credited.
• Unless agreed in writing by the issuance of a Goods Return Authority from Unearth Ag Ltd no goods will be accepted for credit after despatch. lf Unearth Ag Ltd agrees to accept the goods for credit, then Unearth Ag Ltd will credit the Customer the invoice value less the restock fee, less freight charges, on return in saleable condition of the items ordered. No goods will be accepted for credit if the goods are found to be tampered with or damaged or disk seals are broken. Freight charges will not be credited
• Restock fee: All goods ordered in error by the Customer or goods the Customer wishes to return are subject to a restock fee. The fee is $50 or 30% of the goods sales value, whichever is greater.
Please note that according to the Ministry of Consumer Affairs, we do not have to give you a refund if you change your mind or just did not like the goods or they did not suit you, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumers Guarantees Act to provide a remedy.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Unearth Ag Ltd and others, and is protected by New Zealand and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Unearth Ag Ltd. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Unearth Ag Ltd endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications and prices for products) or other errors may sometimes occur. Unearth Ag Ltd cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Unearth Ag Ltd does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Unearth Ag Ltd reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in New Zealand dollars.
6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of Unearth Ag Ltd are strictly prohibited. Unearth Ag Ltd may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
7. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “Codes”) by Unearth Ag Ltd. For the purposes of accessing the Website, the Codes remain the property of Unearth Ag Ltd and may be cancelled or suspended at any time by Unearth Ag Ltd in its discretion without any notice or liability to you or any other person.
Unearth Ag Ltd is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Unearth Ag Ltd may act upon any communication that is given with the use of Codes. Unearth Ag Ltd may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Unearth Ag Ltd is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Unearth Ag Ltd by emailing email@example.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
8. SOFTWARE AGREEMENTS
Unearth Ag Ltd may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
From time to time Unearth Ag Ltd may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
10. UNSOLICITED SUBMISSIONS
To avoid potential misunderstandings or disputes, Unearth Ag Ltd does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to Unearth Ag Ltd or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Unearth Ag Ltd and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Unearth Ag Ltd or its successors, assignees and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Unearth Ag Ltd and its successors, assignees and licensees.
11. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current, and complete. Unearth Ag Ltd will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Unearth Ag Ltd or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
12. PERSONAL INFORMATION PRIVACY
13. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Unearth Ag Ltd and Unearth Ag Ltd has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Unearth Ag Ltd does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Unearth Ag Ltd arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Unearth Ag Ltd, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services, and content.
Notwithstanding any other provision of this Agreement, Unearth Ag Ltd may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Unearth Ag Ltd may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then-existing agreements between you and Unearth Ag Ltd will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
15. GOVERNMENT LAW AND DISPUTE RESOLUTION
Consumers Guarantees Act: Your warranty is in addition to your rights under the Consumer Guarantees Act 1993. However, where you are purchasing for the purposes of a business, you agree that the terms of the Consumer Guarantees Act 1993 shall not apply. All warranties and conditions implied under any other statutes (including the Sale of Goods Act (1908) are expressly excluded from your warranty.
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of New Zealand. Any dispute between you and Unearth Ag Ltd or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of law in Auckland, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
16. OTHER MATTERS
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement endures to the benefit of and is binding upon each of Unearth Ag Ltd and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assignees this Agreement or the rights and obligations under this Agreement. Unearth Ag Ltd may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.