Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney, Australia;
Confirmation of Order means Komatsu’s email to You, in which Your Order is accepted;
Consequential Loss means all loss of actual or anticipated profit, loss of use, loss of productivity, loss of revenue, business interruption of any nature, loss of contracts, loss of opportunity, increased costs and expenses, wasted expenditure, loss arising from delay, loss by reason of shutdown or non-operation or increased cost of borrowing capital or financing, loss of business reputation or goodwill and all special, indirect and consequential losses whether caused by or contributed to by a breach of contract or statute, breach of warranty (express or implied), tort, strict liability or any other cause whatsoever;
Defect or defective means those Goods which do not comply with OEM specifications, or which are faulty, materially non-conforming, inoperable, unsafe or not operating properly;
Delivery Fee means any charges the Purchaser is liable to have the Goods delivered to the nominated address;
Delivery Address means the address nominated by the Purchaser (or the user authorised by the Purchaser) for the Goods to be delivered;
Goods means the parts, components, products, fluids, oils or other parts ordered on the Site;
GST has the meaning specified in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), at the rate prevailing from time to time and has the same meaning when used herein;
KCSC means Komatsu’s Customer Support Centre;
Komatsu or Us means Komatsu Australia Pty Ltd (ABN 71 143 476 626);
Order means the order submitted by You to the Site to purchase Goods;
Purchaser means the entity placing an order for the Goods;
Site means the “Komatsu Online” website located at:
You means the Purchaser (and including the user who has been authorised by the Purchaser to establish an Account on the Site) and Your has a corresponding meaning.
WARRANTIES AND EXCLUSIONS
10.1 To the extent permitted by law, Komatsu does not warrant and excludes all liability with respect to the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
10.2 Komatsu excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
10.3 You should not rely on any information accessed using the Site to make a purchasing decision – You should make your own enquiries before forming your own opinion and taking any action based on any such information.
10.4 It is Your responsibility to ensure that the Goods are sufficient and suitable for Your purposes and meet Your individual requirements. Komatsu does not warrant that the Goods will meet Your individual requirements. You acknowledge that the Goods are standard and not made bespoke to fit any particular requirements that You may have.
- the replacement of Goods or the supply of equivalent Goods; or
- the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
- the payment of the cost of having the Goods repaired; or
- the repair of the Goods.