Terms & Conditions

What is the purpose of this contract?

  • These terms and conditions, together with any account application form you sign with us and any other documents we provide to you (“you” and “your”) set out the terms and conditions that apply (“the contract”) when you decide to purchase products from Youngman Richardson & Co Limited (“we”, “us” and “our”).
  • If these terms and conditions conflict or are at variance with any terms and conditions imposed by you, then our terms and conditions shall prevail.

What information about you can we collect?

  • You agree that before we decide to supply products to you, we may obtain information about you to assess your credit worthiness, enforce any rights under the contract and market any of our products to any other entity, in accordance with our Privacy Policy found on our website.
  • You agree that we may give that information to any third party contractor we may engage for the above purposes, but you may withdraw your consent to the foregoing at any time.
  • You may access any information that we hold about you and ask us to correct any mistakes in it.

What are our products?

  • In these terms and conditions “products” means and includes, without limitation, the following:
    • all contracting, construction, industrial, farming and commercial equipment and tools including but not limited to compaction and earthmoving equipment, pumps and water blasters, generators, welders, light towers, access equipment, concreting equipment, landscaping equipment, heaters, loaders, excavators, specialist equipment, industrial engines, outdoor products and a full range of tools; and
    • all spare parts and accessories; and
    • all technical advice, servicing and maintenance requirements including the provision of maintenance training; and
    • all products and services identified in any order form, supply request, quotation, proposal, email or invoice issued by us to you, which documents are deemed to be incorporated into and form part of the contract with you; and
    • all inventory supplied to you.

What is the price?

  • The price is the cost of the products as agreed between you and us.
  • If no price is stated in writing, the products will be deemed to be supplied at the current amount that we supply those products at the time we contract with you.
  • Freight, handling and packaging costs may be in addition to the price.

What happens when we give you a proposal?

  • When we give a proposal (“our proposal”) for products:
    • unless otherwise agreed our proposal is valid for thirty (30) days from the date of issue; and
    • our proposal will be exclusive of Goods and Services Tax unless specifically stated to the contrary; and
    • when products are required in addition to our proposal, you agree to pay for the additional cost of such products; and
    • our proposal is subject to change due to money currency fluctuations; and
    • with respect to repairs it is only possible to give an estimate of the repair cost; and
    • a deposit may be required.

When are you required to pay us?

  • Equipment being repaired in the workshop must be picked up within 90 days from the repair being completed.  If equipment is not collected within this time frame we will advise in writing giving 10 working days’ notice that such equipment will be sold to recover the repair cost / advertising cost.  Any additional monies collected over what is owed will be paid back once we have been provided with your bank account details.
  • You agree to pay us:
    • except when we require immediate payment, or unless otherwise arranged, on or before the 20th day of the month following the date of our invoice (“the due date”);
    • a deposit (if requested);
    • a 3% (including GST) surcharge for payments made by credit card;
    • interest on any amount you owe us after the due date at the rate of 2.5% per month or part month; and
    • any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract.

When can products be returned?

  • A no returns policy applies to all products provided on special order or at discounted sale price including indent or non-stocked items unless due to a defect / fault.
  • You will be deemed to have accepted the products, and the price of the products, unless you notify us within forty eight (48) hours of delivery.
  • No products will be accepted for return on the basis that they are non- conforming or defective products unless you have given us the opportunity to inspect the products. If we agree the products are non-conforming or defective, you will be entitled to a credit for the purchase price of any such products. A freight and administration fee may, at our sole discretion, be payable by you if products are accepted for return.
  • Return of products for reasons other than those in 7.1, 7.2 and 7.3 is at our discretion and subject to:
    • you providing proof of purchase;
    • you notifying us within fourteen (14) days from invoice date;
    • the product being unused and in the same resalable condition and packaging as provided;
    • the product not being destroyed or removed from the delivery address until we have inspected the product or required the products be returned to us or waived such right;
    • you being responsible for the cost of return; and
    • a restocking fee of 10% of the invoice.
  • If products are accepted for return, at our sole discretion, we will repair or replace the products, or credit your account.

What security rights do we have?

  • Until you have paid us in full for all products supplied, we retain ownership of the products.
  • Until you have paid us in full for all products supplied, it is agreed that pursuant to the Personal Properties Securities Act 1999 (“the Act”), we have a security interest in all products supplied by us to you, and we may register a financing statement on the Personal Property Securities Register to perfect our security interest in the products, delivered or to be delivered to you.
  • If the products are attached, fixed or incorporated into any property belonging to you by way of any manufacturing or assembly process, title in the products shall remain with us until you have made payment for all products supplied and when those products are mixed with other property so as to be part of, or a constituent of, any new products, title to the new products shall be deemed to be assigned to us as security for the full satisfaction by you of the full amount owing between you and us.
  • You give us an irrevocable authority and licence to enter any premises occupied by you or on which the products are situated at any reasonable time after default, or before default if we consider a default is likely to occur or the products are “at risk”, and remove and repossess any products and any other property to which products are attached or in which products are incorporated (“the repossession”).
  • We are not liable for any costs, damages, expenses or losses incurred by you or any third party nor liable in contract or in tort as a result of the repossession and you agree to indemnify us for any costs, damages, expenses or losses incurred as a consequence of the repossession.
  • It is also agreed that we are not obliged to comply with our obligations under sections 107(2)(a) to (e) and 107(g) to (i) of the Act and that you will not register a financing change statement without our prior written consent.
  • Further you agree to waive your entitlement to receive the notice of sale referred to in section 114(1)(a) of the Act and that nothing in sections 133 and 134 of the Act shall apply.
  • Following repossession we are entitled to sell the repossessed products and property or retain the repossessed products and property and give credit for such reasonable amount as we shall determine.

How will the products be delivered and when will you be responsible for the products?

  • Delivery of the products shall be made through one of the following means:
    • by one of our agents delivering by freight or courier to a premises designated by you;
    • by one of our employees delivering the products to a premises designated by you; or
    • by you collecting the products from one of our premises.
  • Where the products are delivered by our agents or employees to your designated premises, delivery shall occur when the productsare left at your premises.
  • When you collect the products, delivery shall occur at the time of collection of the products.
  • Risk of damage to, or loss of, the products shall pass to you as soon as the products are deemed delivered.
  • Any time we may advise you of for delivery is an estimate only and we are not responsible for any delay in the delivery of the products.

What warranties and guarantees do you have?

  • The manufacturer’s warranty applies where applicable.
  • Any written warranty that we provide to you will also form part of the contract.

What is the limitation on our liability?

  • The Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Contract and Commercial Law Act 2017 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law be excluded.
  • Subject to clause 10.1, if we are deemed to be liable to you for any loss or damage of any kind whatsoever, arising from the supply of products by us to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort (including our negligence) or otherwise, then it is agreed by you, that our liability is limited to $1,000.00.

When may we cancel our contract with you?

  • In addition to any other cancellation or suspension entitlements, we have the right by notice to suspend or cancel any part of any contract for the supply of products to you if you fail to pay any money owing on the due date.
  • Any cancellation or suspension will not affect our claim for:
    • money due at the time of cancellation or suspension;
    • damages for any breach of your obligations to us under this contract, nor any of our other legal rights.

Does a personal guarantee apply?

  • If you are a company or the trustee of a trust:
    • the director(s) or trustee(s) signing the contract, in consideration for us agreeing to supply products and grant credit to the company or the trust, also sign the contract in their personal capacity, and jointly and severally personally, unconditionally and irrevocably undertake as principal debtor(s), to pay to us, on demand, all amounts that the company or trust owes us, and to indemnify us against non-payment by the company or trust; and
    • any personal liability of a company director or trustee will not exclude the company or trust from the liabilities and obligations contained in the contract.

What are you also agreeing to?

  • We are not liable for delay or failure to perform our obligations, if the cause of the delay or failure is beyond our control.
  • On occasions we may outsource (contract out) part of the work required in producing and/or the delivery of the products.
  • If we fail to enforce any of the terms and conditions contained in the contract it shall not be deemed to be a waiver of any of the rights or obligations we have under the contract.
  • If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.
  • Some of our products may contain on-board devices (each a “GPS Device”) which enable the products to be connected to the internet and allows us to send commands to and receive certain information from the products, including geolocation data from a global positioning system and service history.  By purchasing any products from us you (a) consent to our use of the GPS Device on such products while in your possession and to us collecting, using and retaining information from the GPS Device, and (b) agree we are the owner of the data generated by the GPS Device, subject to your rights as set out in our Privacy Policy found on our website. 
  • The contract is personal to you and you may not, directly or indirectly (including on a change of control), assign or otherwise transfer your rights or obligations arising therefrom to any other person without our prior written consent (which may be withheld at our complete discretion).