Komatsu Online (AUS) Terms and Conditions of Use (“Terms of Use”):
Account means the account that a Purchaser (or a user authorised by the Purchaser) will need to register for on the Site to submit an Order on the Site in accordance with clauses 1 and 3 of these Terms of Use;
Agreement means the agreement between Komatsu and a Purchaser for the supply of the Goods, comprising of these Terms of Use and Komatsu’s ‘Terms & Conditions – Parts and Service’, a copy of which is located at:
http://www.komatsu.com.au/Pages/Terms-and-Conditions.aspx;
Business Day means a day which is not a Saturday, Sunday or a public holiday in Sydney, Australia;
Claim means any claim made (whether in the form of an allegation, demand, suit, action or other proceeding of any kind) under or in connection with these Terms of Use or its subject matter, whether arising under contract (including under any warranty or indemnity or any other breach, actual or anticipatory), in equity, in restitution, negligence or any other tort, strict liability, under statute or otherwise at all;
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 means the process in clause 6 of these Terms of Use;
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:
mykomatsu.com.au; and
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.
Komatsu will only accept the return of any Goods in accordance with its then current Credit and Return Policy.
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.
10.5 All other conditions and warranties of any type in relation to the Goods are excluded to the maximum extent allowed by the law. Nothing in these Terms of Use limit those provisions of the Competition and Consumer Act 2010 (Cth) nor any other statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability is limited at its option to:
11. LIMITATION OF LIABILITY
11.1 To the extent permitted by law, Komatsu and its related bodies corporate expressly exclude all liability for loss, damage or injury, including Consequential Loss, whether under contract, tort, equity or otherwise, caused directly or indirectly by any errors in, omissions from, or actions taken or not taken on the Site.
11.2 Komatsu's total cumulative liability to You for all liabilities, damages, losses, costs and expenses suffered or incurred under or connection with these Terms of Use by You, for all Claims in the aggregate, is limited to the amount paid by You to Komatsu for the Goods.
12. INDEMINITY
You indemnify and hold Komatsu, its related bodies corporate and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of Your breach of these Terms of Use or Your breach of any law or the rights of a third party.
13. PRIVACY POLICY
For information about how Komatsu handles Your personal information, refer to Komatsu’s Privacy Policy located at:
https://www.komatsu.com.au/pages/privacy-policy
14. GENERAL
14.1 Severability: If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Use will not be affected.
These Terms of Use were last updated on 10 January 2019.