TRAX Equipment [Ag-Tech Industries Limited] Terms Of Sale
Last Updated: October 2023
1. Definitions
”ATV” means an all terrain vehicle
”Contract” means any contract for the provision of goods and services by Us to You
”goods” means goods supplied by Us to You
”GST” means the Goods and Services tax
”LifeGuard” or ”QuadGuard” means the crush protection device offered for sale on this Site which can be fitted to most makes and models of ATVs
”We”, “Us” or “Our” means TRAX Equipment
”services” means services supplied by Us to You
”Site” means the e-store website located at www.traxequipment.co.nz
”Terms” means all Terms & Conditions pages
”You” means the person, jointly and severally if more than one, acquiring goods or services from Us
2. Acceptance of Terms
By placing an order through our website, you agree to be bound by these terms and conditions. Please read them carefully before making a purchase.
3. Ordering
You must be at least 18 years old to place an order.
Orders are subject to availability.
All orders are considered an offer to purchase, and we reserve the right to accept or reject any order at our discretion.
4. Pricing
All prices listed on our website are in NZD.
Prices displayed for the supply of goods and services include GST, and any other taxes or duties imposed on or in relation to the goods and services.
Prices may be subject to change without notice.
You are responsible for any applicable taxes and shipping charges, which will be added to the total price of your order during checkout.
5. Payment
We accept payment through bank account transfer or card payment with our online payment provider Stripe. Payment must be made in full at the time of placing the order.
Goods will not be dispatched, and services will not be provided until full payment has been confirmed, unless customer is an account holder or prior arrangements have been made. Goods remain the property of TRAX Equipment until paid in full.
In the case of non-availability of goods:
- You may request the provision of substitute or similar goods and we will make the appropriate adjustments to or refund of, the purchase price; or
- If the goods will become available at a later date, you may request to wait until the goods become available; or
- You may cancel your order and we will make the appropriate adjustment to, or refund of, the purchase price.
5a. Payment - Account Holders
Account holders must make payment by the due date as specified on the issued invoice. Goods remain the property of TRAX Equipment until paid in full.
Interest of 10% per month will be charged on overdue accounts. Overdue accounts: interest, plus collection costs, fees and legal expenses incurred.
6. Cancellation
If we are unable to deliver or provide the goods or services, then we may cancel your order (even if it has been accepted) by notice to you.
Where your order is cancelled, we will arrange the refund of your purchase price.
No purported cancellation or suspension of an order or any part of it by you is binding on us once the order has been accepted and payment confirmed.
7. Shipping
We will make every effort to ship your order promptly, but we are not responsible for shipping delays or issues caused by third-party carriers.
In some cases, due to manufacturer’s limitations, the delivery time could be longer. In this case an email or phone call to the purchaser will be made within 3 workings days, and confirmation of delivery times will be confirmed.
Shipping costs and estimated delivery times will be provided during the checkout process.
Deliveries can only be made direct to a physical address (no postal boxes). You are responsible for providing accurate shipping information, and we are not liable for orders shipped to incorrect addresses.
8. Returns and Refunds
We accept returns within 14 days of delivery, provided the product is unused, in its original packaging, and accompanied by proof of purchase.
You are responsible for return shipping costs unless the product is defective or damaged.
Refunds will be issued within 5 business days of receiving the returned item.
Refer to our Refund policy for further information.
9. Product Warranty
Our TRAX manufactured products come with a 1-year warranty against defects in materials and workmanship.
Warranty claims must be submitted with proof of purchase.
This warranty does not cover normal wear and tear or damage caused by misuse.
Refer to our Warranty for further information.
10. Acknowledgements
You acknowledge that:
- You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by us in relation to the goods or services or their use or application.
- You have not made known, either expressly or by implication to us any purpose for which you require the goods or services, and you have the sole responsibility of satisfying yourself that the goods or services are suitable for your use.
11. Risk & Insurance
The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to you immediately on the goods being dispatched from our warehouse.
The goods are sold to you on the basis that you have obtained all necessary licences or permits under all relevant laws and regulations in relation to the goods.
You assume all risk and liability for loss, damage or injury to persons or to your property or the property of third parties, arising out of the use or possession of any of the goods sold by us.
12. Intellectual Property
All content on our website, including images and text, is protected by copyright and other intellectual property laws.
You may not use our content without our written consent.
13. Privacy
We collect and use personal information in accordance with our Privacy Policy, which can be found on our website.
14. Limitation of Liability
To the extent permitted by law, we are not liable for any indirect, incidental, or consequential damages arising from the use of our products or website.
Except as the terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
Nothing in the terms is to be interpreted as excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
15. Force Majeure
We are not liable in any way howsoever arising under the contract to the extent that we are prevented from acting by events beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism, or acts of war. If an event of force majeure occurs, we may suspend or terminate the contract by giving you written notice.
16. Governing Law
These terms and conditions are governed by the laws of New Zealand.
Any disputes shall be resolved through arbitration or in the courts of New Zealand.
17. Changes to Terms
We reserve the right to update these terms and conditions at any time.
Any changes will be posted on our website, and it is your responsibility to review them periodically.
By making a purchase from TRAX Equipment, you acknowledge that you have read, understood, and agree to these terms and conditions.
If you have any questions or concerns about these terms and conditions, please contact us.
TRAX Equipment [Ag-Tech Industries Limited] Returns Policy
Last Updated: October 2023
At TRAX Equipment, we strive to provide you with high-quality products. We understand that sometimes a product may not meet your expectations or needs. To ensure a hassle-free returns process, please review our returns policy below.
1. Eligibility for Returns
We accept returns within 14 days from the date of delivery.
To be eligible for a return, the item must be unused, in its original packaging, and in the same condition as when you received it.
Returns will only be accepted for products purchased directly from TRAX Equipment. If you purchased our products from a third-party retailer/dealer, please contact them for their return policy.
2. Initiating a Return
To initiate a return, please follow these steps:
- Contact our customer support team to request a return authorization (RA) number.
- Provide the following information: original invoice number, your order number (if applicable), a description of the item you wish to return, and the reason for the return.
- Once your return request is approved, you will receive an RA number and instructions on how to return the item.
3. Return Shipping
You are responsible for all return shipping costs unless the product is defective or damaged upon arrival.
We recommend using a trackable shipping method to ensure your return is received.
4. Inspection and Refund
Upon receiving your returned item, we will inspect it to ensure it meets our return eligibility criteria.
If the item meets our criteria, we will process your refund within 5 business days. Freight is non-refundable. Refunds will be issued to the original payment method used during the purchase or a credit note to account holders.
If the returned item does not meet our criteria, we will notify you and provide options for resolving the issue, such as returning the item to you at your expense.
ALL RETURNED ORDERS ARE SUBJECT TO A 15% RESTOCKING FEE.
5. Exchanges
We do not offer direct exchanges. If you wish to exchange an item, you can return the original item for a refund (following our return policy) and place a new order for the desired item.
6. Warranty
Products manufactured by TRAX Equipment come with a 1-year warranty against defects in materials and workmanship. Warranty claims must be submitted with proof of purchase.
This warranty does not cover normal wear and tear, or damage caused by misuse.
Please refer to our Warranty for further information and details regarding imported products.
7. Contact Us
If you have any questions or concerns about our returns policy or need assistance with a return, please contact us.
By making a purchase from TRAX Equipment, you acknowledge that you have read, understood, and agree to our returns policy.
TRAX Equipment [Ag-Tech Industries Limited] Warranty Policy
Last Updated: October 2023
At TRAX Equipment, we stand by the quality of the farm bike accessories we offer. Our warranty policy reflects our commitment to customer satisfaction while recognising that different brands may have varying warranty terms. Please read this policy carefully to understand your rights and obligations regarding the warranties offered on our products.
1. Warranty Coverage by Brand
We sell farm bike accessories from various brands: some manufactured in our factory, others imported; each with its own warranty terms and conditions. Warranty coverage may differ based on the brand and product. For specific warranty information on a particular product, please refer to the product listing on our website or contact our customer support team.
2. Warranty Duration
The duration of the warranty varies by brand and product. Common limited liability warranty durations include:
TRAX Equipment manufactured windscreens, roofs, clear back panels, mudguard flares/flaps, mudflap bars/brackets, gunracks: 1-year
Wiper Kits/Motors: 1-year
Slipstream Bike Carrier: 1-year
KFI Products (winches, winch mounts): 1-year
Allrite Products: 1-year
Please refer to the product listing or packaging for the specific warranty duration applicable to your purchase.
3. Warranty Claims
If you believe that your farm bike accessory is covered by a warranty, follow these steps to initiate a warranty claim:
- Contact our customer support team at [contact email/phone number] to request a warranty claim form.
- Complete the warranty claim form and provide all necessary details, including proof of purchase and a description of the issue.
- Our team will review your claim and advise you on the next steps.
4. Warranty Exclusions
Please note that warranties typically do not cover the following:
- Normal wear and tear from regular use.
- Damage resulting from misuse, neglect, accidents, or unauthorized modifications.
- Damage caused by improper installation or maintenance.
- Products not purchased directly from [Your Business Name] or our authorized retailers.
5. Warranty Resolution
If your warranty claim is approved, we will:
- Repair the product.
- Replace the product with an equivalent or similar item.
- Issue a refund, if repair or replacement is not possible.
The resolution will be determined based on the specific circumstances and the warranty terms of the brand and product.
6. Contact Us
If you have questions or need assistance with a warranty claim, please contact our customer support team.
7. Changes to this Warranty Policy
We may update this warranty policy from time to time to reflect changes in warranty terms or legal requirements. The most recent version will always be available on our website.
By making a purchase from TRAX Equipment, you acknowledge that you have read, understood, and agree to the warranty terms applicable to the specific brand and product you have purchased.
TRAX Equipment [Ag-Tech Industries Limited] Privacy Policy
Last Updated: October 2023
At TRAX Equipment, we are committed to protecting your privacy and safeguarding your personal information. TRAX Equipment is bound by the Privacy Act 1988, which sets out a number of principles concerning the privacy of individuals.
This privacy policy outlines our practices concerning the collection, use, and protection of your information. By visiting our website or making a purchase, you agree to the terms described in this policy.
1. Information We Collect
There are many aspects of the site which can be viewed without providing personal information, however, you may need to submit personally identifiable information. We may collect the following types of personal information when you interact with us:
- Contact Information: Name, address, email address, phone number.
- Payment Information: Credit card number, billing address.
- Order History: Information about your purchases, including products and quantities.
- Communication Data: Records of your interactions with us, including emails and customer support inquiries.
- Website Usage Data: Information about your browsing activity on our website, including IP address, browser type, and device information.
- Cookies: We use cookies and similar technologies to enhance your browsing experience and gather data about your preferences.
2. How We Use Your Information
We use your personal information for the following purposes:
- Processing Orders: To fulfil your orders and provide customer support.
- Communication: To send order updates, promotional offers, and newsletters (if you opt in).
- Website Improvement: To analyse website usage data and enhance your online experience.
- Legal Requirements: To comply with legal obligations and protect our rights and interests.
3. Information Sharing
We may share your personal information with:
- Third-party service providers: Such as payment processors, shipping companies, and email marketing services, to facilitate order processing and communications.
- Legal authorities: If required by law, we may disclose your information to comply with legal obligations or protect our rights and interests.
Those companies will be permitted to obtain only the personal information they need to deliver the service. TRAX Equipment takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
4. Your Choices
You have the following choices regarding your personal information:
- Access: You can request access to the personal information we hold about you. You may be required to put your request in writing for security reasons. TRAX Equipment reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
- Correction: You can update or correct your personal information.
- Marketing Communications: You can opt out of receiving marketing communications from us.
- Cookies: You can manage your cookie preferences through your web browser settings.
5. Data Security
We implement appropriate security measures to protect your personal information from unauthorized access and data breaches. However, no method of data transmission over the internet is completely secure, and we cannot guarantee the absolute security of your data.
6. Children's Privacy
Our website is not intended for children under the age of 18. We do not knowingly collect or solicit personal information from minors.
7. Changes to this Privacy Policy
TRAX Equipment reserves the right to make amendments to this Privacy Policy at any time. We may update this privacy policy to reflect changes in our practices or legal requirements. The most recent version will always be available on our website. If you have objections to the Privacy Policy, you should not access or use the Site.
8. Contact Us
If you have any questions, concerns, or requests related to your privacy or this policy, please contact us.
By using our website or making a purchase, you acknowledge that you have read, understood, and agree to this privacy policy.
Terms and conditions for promotions run through TRAX Equipment social media channels.
- By participating in any competition or giveaway advertised by TRAX Equipment on its Facebook page and/or other social media channels, you confirm that you accept and agree to these competition terms.
- The Promoter of the Competition is TRAX Equipment. The competition is in no way sponsored, endorsed or administered by, or associated with Facebook and/or other Social Media channels. You completely release Facebook and/or other Social Media channels from any and all liability associated with this competition.
- Entry is open only to New Zealand residents who are actually residing in New Zealand at the time of the competition.
- Only one valid entry per participant will be accepted for each competition.
- Entrants must follow the instructions on the competition Facebook post and/or other Social Media channel to enter this competition.
- The competition will begin when the competition post has been uploaded onto Facebook and/or other Social Media channel (“competition period”). The competition period will end on the date specified in the competition post.
- At the end of the competition period TRAX Equipment will select a winner or winners (at TRAX Equipment’s discretion) for each competition from Entries received during the competition period.
- The winner(s) will be drawn as specified by the Facebook Competition post and/or other Social Media channel. The prize winner(s) will receive the prize that is advertised on either the Facebook Competition post, the Facebook Competition photo and/or other Social Media channel.
- TRAX Equipment will endeavour to notify each of the prize winners via Facebook and/or other Social Media channel. However, if the winner cannot be reached within three working days of the prize being drawn, we may redraw a new prize winner without liability to any person. TRAX Equipment reserves the right to contact the selected winners by other means.
- TRAX Equipment is not responsible for any prize that has been lost, stolen, damaged or tampered with in any way before it reaches a winner and after it has been released from TRAX Equipment’s custody and control.
- Prize winners from any TRAX Equipment social media channel competition cannot transfer or sell on the prize awarded. It is under TRAX Equipment’s discretion to take away a prize from a prize winner if TRAX Equipment suspects that it will then be sold on.
- Accepting a prize constitutes a winner's consent to be photographed and/or interviewed by TRAX Equipment and for TRAX Equipment to use his or her name, city/town of residence, competition entry and/or photographs and interviews for publicity purposes. This includes on TRAX Equipment’s website, direct and social media channels.
- Accepting a prize constitutes a winner’s consent to providing TRAX Equipment an image of the product in their personal use once the prize has been received.
- The decisions of TRAX Equipment on all matters relating to this competition are final.
- TRAX Equipment reserves the right to verify the validity of an entry or a winner's right to redeem the prize in accordance with these terms and conditions.
- TRAX Equipment reserves the right to amend the prizes offered and these terms and conditions and in its absolute discretion cancel the competition at any time and without prior notice.
- To the extent permitted by law, TRAX Equipment excludes any liability it may have to you arising directly or indirectly out of or in connection with this Competition.
- Any personal information collected as part of this Competition will be held by TRAX Equipment in accordance with its obligations under the Privacy Act. You have the right to access, update and correct any of your personal information. To access or request correction of your personal information please contact TRAX Equipment directly.
