Earthquip - Affordable Heavy Equipment Solutions
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NZ's largest diesel parts store

Terms of Trade

Download terms of trade or read below.

Download EQG Core Exchange Policy or read below

Product Identification

Parts are categorised into 4 distinctive groups
Earthquip used the manufacturers OEM Number to Identify all Parts
Parts are sold in the following manner and Identified as follows

Genuine Parts are Parts that have been Parallel imported into New Zealand under parallel importing Legislation and are sourced for Overseas Suppliers
All Parts in this category are Brand New and Come in the Brands Respective Packaging and are Labelled as Such carrying the Logo of the Brand that is represented

They are clearly identified when sold by the PREFIX GEN OEM No IE GEN 1885156 Followed By Description being Genuine Caterpillar Turbo OEM 1885156

It will appear on the invoice as follows
Part No Description Qty Price
GEN1885156 Turbo Caterpillar Genuine 1 XXXXXX


OEM Parts are Parts that have been imported into New Zealand from the Equipment’s Manufacturers Suppliers or Agents
All Parts in this category are Brand New and Come in the OEM Respective Packaging and are Labelled as Such carrying the Logo of the OEM Parts Manufacturer
In no way are these parts sanctioned or Authorised or Represented as being the Manufacturers part

They are clearly identified when sold by the PREFIX OEM OEM No IE OEM1885156 Followed By Description being OEM Holset Turbo OEM 1885156

It will appear on the invoice as follows
Part No Description Qty Price
OEM1885156 Turbo Caterpillar OEM Holset 1 XXXXXX


Aftermarket Parts are Parts that have been imported into New Zealand from Alternative Manufacturers Suppliers or Agents
All Parts in this category are Brand New and Come in the Aftermarket Respective Packaging and are Labelled as Such carrying the Logo of the Parts Manufacturer
In no way are these parts sanctioned or Authorised or Represented as being the Manufacturers part

They are clearly identified when sold by the PREFIX AF OEM No IE OEM1885156 Followed By Description being CTP Turbo OEM 1885156

It will appear on the invoice as follows
Part No Description Qty Price
AF1885156 Turbo Caterpillar CTP 1 XXXXXX


Remanufactured Parts are Parts that have been Remanufactured in New Zealand from Alternative Remanufacturing Centres Suppliers or Agents
All Parts in this category are Second-hand and Come in the Respective Packaging and are Labelled as Such carrying the Logo of the Parts Repairer
In no way are these parts sanctioned or Authorised or Represented as being the Manufacturers part

They are clearly identified when sold by the PREFIX REM OEM No IE OEM1885156 Followed By Description being EQG Reman Turbo OEM 1885156

It will appear on the invoice as follows
Part No Description Qty Price
REM1885156 Turbo Caterpillar EQG Reman 1 XXXXXX



If you receive an invoice for any of these listed above please check it is what you ordered and understand the terms used above
In the case that you are in anyway unsure clarification can be made by contacting an Earthquip Representative on NZ 0800 608020 or by email to accounts@earthquip.co.nz

In no way Does Earthquip Group Ltd its Directors or employees represent we are the Manufacturers Agent for these Brands in anyway what so ever.
Any Logo or Brand is strictly placed on our Media Electronic or hard copy as a representation of the products available and is done so in accordance with section 95 of the Trademarks Act 2002



Terms of Trade

Download terms of trade or read below.

  1. Defined Terms
    Unless the context otherwise requires "Goods" means all goods supplied from time to time to you by a member of the Earthquip Group Limited, provided
    1. where the goods supplied are your Inventory, then all references to Goods in these Terms shall be read as references to that: Inventory; and
    2. where the goods supplied are not Inventory then all references to Goods in these Terms shall mean the goods described in any one or more of the relevant order form, packing slip or invoice (or its equivalent, whatever called) relating to those goods, on the basis that each such document shall be deemed to be incorporated in, and form part of, these Terms. "Earthquip Group" means Earthquip Group Limited and each of its subsidiaries and related parties from time to time and includes any one or more of them or any combination of any of them (whether or not acting jointly and/or severally).
    "Inventory" has the meaning given to that term in the PPSA.
    "PPSA" means the Personal Property Securities Act 1999 as amended or substituted from time to time.
    "Service(s)" means any service work, advice or other services provided to you by Earthquip Group.
    "Supplier" means, in relation to particular Goods or Services, the relevant business entity of the Earthquip Group that supplies those Goods or Services.
    Unless the context otherwise requires, words and phrases shall have the meanings given to them in, or by virtue of, the PPSA.
  2. Terms of contract
    Any Goods or Services supplied to you shall be subject to these Terms unless the Supplier agrees in writing to change them. If you accept delivery of Goods from any member of the Earthquip Group, or deliver Goods to any member of the Earthquip Group for repairs or servicing, those actions by you will be deemed to be acceptance of these Terms, notwithstanding anything that may be stated to the contrary in your inquiries or your order. These Terms do not apply to any Goods sold to you on hire purchase or leased to you by any member of the Earthquip Group.
  3. Price
    1. Unless otherwise agreed in writing all freight, insurance, delivery and travel charges will be additional to any price quoted. Unless otherwise agreed in writing any quoted price may be altered prior to delivery of Goods to you, or before completion of repairs or services by the Supplier, if its costs fluctuate materially. The Supplier may withdraw any quotation before it is accepted and, in any event, any quotation will lapse without notice 30 days after it is given. GST will be payable by you as an additional amount on all prices and charges.
    2. The price for Goods and Services will be either as quoted to you in writing or, if no written quote is provided, pursuant to the Supplier's standard charges applying at the time.
  4. Payment
    1. Unless otherwise agreed in writing you must pay for:
      1. Machine or engine Goods at the time of delivery and any deposit required must be paid at the time of signing an order.
      2. Services or parts by the 20th day of the month following the date of the invoice relating to those Goods or Services.
    2. If full payment for the Goods or Services is not made on the due date, then without prejudice to any other remedies available to any member of the Earthquip Group:
      1. All monies owing to each member of the Earthquip Group shall become immediately due and payable;
      2. Each member of the Earthquip Group may cancel or withhold supply of further Goods or Services;
      3. Interest on monies overdue shall be charged on a monthly basis and be calculated at a rate of 2% of the outstanding balance per month, and interest shall continue to accrue both before and after judgment. You shall be responsible for all costs incurred by any member of the Earthquip Group in recovering such monies.
    3. Each member of the Earthquip Group shall have a full right of set-off with respect to amounts owed by you to it under these Terms, in relation to any monies owing by any member of the Earthquip Group to you howsoever arising. Your obligation under these Terms shall be to pay the full amount owing under these Terms free of all deductions or rights of set off.
  5. Ownership and Security Interest
    1. Ownership in the Goods shall not pass upon delivery but shall remain with the Supplier until full payment for all monies owing by you to the Supplier has been made. Until all monies owing by you to the Supplier have been paid:
      1. You hold the Goods supplied as fiduciary for the Supplier and will deal with them as agent for and on behalf of the Supplier (but will not hold yourself out as an agent of the Supplier to any third parties);
      2. You shall store the Goods separately consistent with the Goods being the Supplier's property, and ensure such Goods are able to be separately identified;
      3. If you resell the Goods supplied, the proceeds of any resale will belong to the Supplier and you will pay the same into a separate account for which separate records are kept and all claims which you hold against third parties will be handed over to the Supplier;
      4. You irrevocably give the Supplier and its agents the right to enter your premises to remove any of the Goods supplied and resell them;
      5. If any of the Goods become part of a product or mass (through or by whatever process) such that the identity of those Goods is lost in the product or mass, the security interest created by this clause continues in the product or mass in accordance with the PPSA.
      6. If any of the Goods are installed in, or affixed to, and become an accession to, other goods, the security interest continues in the accession in accordance with the PPSA.
  6. Liens
    All Goods delivered to or in the Supplier's possession for repair or servicing are subject to a lien for any sums owing by you to the Supplier for repairs or servicing carried out on the Goods. Where the Supplier retains a lien over any of your Goods and you are more than three months overdue with any monies owing, the Supplier without further notice may sell the Goods in such a manner and such terms as it thinks fit and may, from sale proceeds, repay the amounts owing to it for work done, and any expenses of sale.
  7. Risk and Delivery
    1. Unless otherwise agreed, you shall be responsible for the cost of and arranging transportation of all Goods. If the Supplier or any other member of the Earthquip Group is delivering the Goods to you, it will use its best endeavors to see that deliveries are made according to schedule, but shall not be responsible for delivery delays due to causes beyond its control.
    2. Risk in respect of the Goods sold shall pass to you when the Goods are delivered to you or your carrier, or the time you pay for the Goods, whichever is the earlier. Risk in the Goods in the Supplier's possession for servicing remains with you. It is your responsibility to ensure the Goods, even if a member of the Earthquip Group has arranged transportation of the Goods.
  8. Warranties
    Details of warranties available, if any, will be provided upon request but are subject to clause 9. Except to the extent of written warranties given by the Supplier to you, all warranties and representations in respect of Goods sold or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law. Where any written warranty conflicts with clause 9, the provisions of clause 9 shall prevail.
  9. Supplier's liability
    Our liability to you
    1. Subject to clause 9.3, the Supplier's total liability in connection with defective or damaged Goods supplied by it or in relation to the provision of Services is limited at the Supplier's option to:
      1. Replacing or repairing the defective or damaged Goods; or
      2. Re-performing the defective Service; or
      3. Refunding the price paid by you for the defective or damaged Goods or provision of Service; or
      4. if the Supplier did not charge for the defective or damaged Goods or the relevant Service, paying you your recoverable direct loss up to a maximum of $2,000.
    2. Where, in relation to any Goods, the manufacturer's warranty provides a greater warranty entitlement than provided for in this clause 9, Earthquip Group will pass through the benefit of that warranty as it is received from the manufacturer.
    3. Exclusion of liability
    4. The Earthquip Group shall not be liable whether in contract (including under any warranty), tort (including negligence), equity or otherwise:
      1. Where you have altered or modified the Goods, misapplied the Goods, or have subjected them to any unusual or non- recommended use, servicing or handling;
      2. For loss caused by any factors beyond the Earthquip Group's control;
      3. For loss of revenue, loss of profits, loss of production, loss of use, loss of contract, loss of business or loss of opportunity, whether arising directly or indirectly or for any indirect or consequential loss of any kind;
      4. in relation to any second-hand Goods supplied;
      5. Where the terms of any written warranty have not been complied with or any manufacturer's handbook provided to you has not been complied with.
    5. Except as set out in clauses 9.1 to 9.3, neither the Supplier nor any other member of the Earthquip Group will be liable to you in contract (including under any warranty), tort (including negligence), equity or otherwise for any loss or damage of any nature under these Terms or in relation to any Goods or Services provided to you.
    6. Time limit for bringing any claim
    7. In the event of a short delivery or errors in dispatch which would be apparent by inspection on delivery, the Supplier will accept no liability unless notified by you in writing within three days of delivery.
    8. You may not make or pursue any claim against any Earthquip Group member in relation to the provision of any Goods or Services unless you have given the Supplier written notice of the claim (including full particulars of the grounds on which the claim is based) within:
      1. 1 year of the relevant Good or Service being supplied; or
      2. if the claim relates to a breach of a written warranty expressed for a defined period, that defined period.
    9. Return of parts
    10. If permitted under the Supplier's parts return policy, goods may be returned to the Supplier. These must be freight paid. Where the Supplier elects to repair defective Goods, the Supplier will use all reasonable endeavors to repair the Goods as soon as possible, but will not be liable for any delay in completing the repairs.
  10. PPSA
    1. Security:
      You acknowledge and agree that:
      1. by assenting to these Terms, you grant a security interest (by virtue of the retention of title clause in clause 5 of these Terms) to the Supplier in all Goods previously supplied by the Supplier to you (if any) and all after-acquired Goods supplied by the Supplier to you (or for your account); and
      2. these Terms shall apply notwithstanding anything, express or implied, to the contrary contained in your purchase order.
    2. Financing Statement:
      You undertake to:
      1. sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up-to-date in all respects) which a member of the Earthquip Group may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register;
      2. not register a financing change statement or a change demand in respect of the Goods (as those terms are defined in the PPSA) without the Earthquip Group's prior written consent; and
      3. give the Earthquip Group not less than 14 days prior written notice of any proposed change in your name and/or any other change in your details including, but not limited to, changes in your address, facsimile number, trading name or business practice.
    3. Waiver and contracting out
      1. Unless otherwise agreed to in writing by the Earthquip Group, you waive your right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
      2. To the maximum extent permitted by law, you waive your rights and, with the Earthquip Group's agreement, contract out of your rights under the sections referred to in sections 107(2)(c) to (e) and (g) to (i) of the PPSA.
      3. You agree that nothing in sections 114(a), 133 and 134 of the PPSA shall apply to these Terms and, with the Earthquip Group's agreement, contract out of such sections.
      4. You and each member of the Earthquip Group agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods if and only for so long as the member of the Earthquip Group is not the secured party with priority over all other secured parties in respect of those Goods.
  11. General Terms
    1. Mediation
      If a dispute arises and the Supplier considers the dispute is one which is suitable for mediation, the parties will try to settle the dispute by mediation before resorting to litigation or arbitration. Any party may initiate mediation by giving written notice to the other. Mediators should be agreed upon by the parties, but if the parties cannot agree on one within seven days after the mediation has been initiated, then the mediator shall be appointed by the chairperson of the New Zealand chapter of LEADR.
    2. Cancellation
      You may not cancel any order for Goods or part of it without the Supplier's written consent. If you do so, in addition to any other rights the Supplier may have, the Supplier may retain any deposit paid. The Supplier shall have the right to cancel any orders for Goods which it has accepted, if due to circumstances beyond the Supplier's control it would be impractical or unreasonable to fill the order, if any information supplied by you is materially incorrect or, if in the Supplier's opinion, a satisfactory servicing or repair cannot be achieved.
    3. Waiver or variation
      Waiver or variation of these Terms by any member of the Earthquip Group will only be effective if given in writing by an authorized person. If any member of the Earthquip Group waives any of these Terms the waiver will not affect that member's rights under these Terms at any future time or the rights of any other member of the Earthquip Group at any time.
    4. Changes to these Terms
      We may change these terms of trade at any time by changing or removing existing terms or adding new ones. Any change applies from the time it is published on our website at earthquip.co.nz. Refer Quick Links
    5. Governing law
      These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have non- exclusive jurisdiction in respect of all matters between you and the Earthquip Group.
    6. The Privacy Act
      You and any guarantor (if relevant) authorize each member of the Earthquip Group to collect and hold personal information from any source it considers appropriate to be used for the purposes of determining creditworthiness, for communicating promotional activities and product information, for debt collection purposes or for any other related purpose. You further authorize each member of the Earthquip Group to disclose personal information, held by it for the purposes set out above, to each other and to any other parties. You understand that you have a right of access and may request correction of personal information held by the Earthquip
    7. Group about you. Consumer Guarantees Act (CGA)
      If the CGA applies, these terms and conditions shall be read subject to your rights under the CGA, provided that where you are acquiring goods or Services for business purposes the CGA shall not apply.
    8. Electronic Messages
      You and any guarantor (if relevant) consent to receiving electronic messages (including commercial electronic messages and promotional electronic messages) from any member of the Earthquip Group from time to time.

 

Earthquip Group Limited Core Exchange Policy

  1. All Goods and Services are supplied subject to our standard terms of Tradeas defined under Earthquip Group Limited Terms of Trade.

  2. Terms of Contract

    Any Goods or Services supplied to you shall be subject to these terms unless the Supplier agrees in writing to change them. If you accept delivery of Goods from any member of the Earthquip Group or deliver Goods to any member of the Earthquip Group for repairs or servicing, those actions by you will be deemed to be acceptance of these terms, notwithstanding anything that may be stated in writing to the contrary in your enquiries or your order. These terms do not apply to any Goods sold to you on hire purchase or leased to you by any member of the Earthquip Group.

  3. Price

    Unless otherwise agreed in writing all freight, insurance, delivery and travel charges will be additional to any price quoted. Unless otherwise agreed in writing any quoted price may be altered prior to delivery of Goods to you, or before completion of repairs or Services by the Supplier, if its costs fluctuate materially. The Supplier may withdraw any quotation before it is accepted, and, in any event, any quotation will lapse without notice 30 days after it is given. GST will be payable by you as an additional amount on all prices and charges. The price for Goods and Services will be either as quoted to you in writing or, if no written quote is provided, pursuant to the Supplier’s standard charges applying at the time of payment.

  4. Other costs

    Freight, delivery and travel charges are additional to the price of the Goods/ Services supplied unless otherwise stated in writing prior to delivery of the Goods or Service.

  5. Pickup and delivery of Remanufactured Parts and return of the core

    It is the responsibility of the purchaser to pickup the Remanufactured Parts or Goods from the nominated Earthquip Group Facility and deliver back to the nominated facility the core exchange being returned at the sole cost of the purchaser. If in the event the purchaser gives an instruction to Earthquip Group Limited to pick up the core from the purchasers address then the cost thereof will be deducted from the deposit held By Earthquip Group Limited at cost plus 10% administration fee.

  6. In the event the core is not returned to the nominated facility within 20 working days from the time of effective delivery of the Remanufactured
    part then Earthquip Group Limited unless otherwise stated in writing to the contrary it is deemed the purchaser is in default of the core return policy and may at its sole discretion keep 100% of the nominated price of the core being returned as stated prior to sale of the Remanufactured Parts, Goods, Services.

  7. Ownership and Security Interest
    Ownership and security interest ownership of the Goods shall not pass upon delivery but shall remain with the Supplier until full payment for all monies owing by you to the Supplier has been made and the core value returned has been assessed at the sole discretion of Earthquip Group Limited. Until all monies owing by you to the Supplier have been paid:

    1. (a)  You hold the Goods supplied as fiduciary for the Supplier and will deal

      with them as agent for and on behalf of the Supplier (but will not hold

      yourself out as agent of the Supplier to any third parties);

    2. (b)  You shall store the Goods separately consistent with the Goods being

      the Supplier’s property, and ensure such Goods are able to be separately

      identified;

    3. c) If you resell the Goods supplied, the proceeds of any resale will belong to the Supplier and you will pay the same into a separate account for which separate records are kept and all claims which you hold against third parties will be handed over to the Supplier;

    4. (d)  You irrevocably give the Supplier and its agents the right to enter your premises to remove any of the Goods supplied and resell them;

    5. (e)  If any of the Goods become part of a product or mass (through or by whatever process) such that the identity of those Goods is lost in the product or mass, the security interest created by this clause continues in the product or mass in accordance with the PPSA.

    6. (f)  If any of the Goods are installed in, or affixed to, and become an accession to, other Goods, the security interest continues in the accession in accordance with the PPSA.

  1. Warranties

    Details of warranties available, if any, will be provided upon request but are subject to clause 9. Except to the extent of written warranties given by the Supplier to you, all warranties and representations in respect of Goods sold or Services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law. Where any written warranty conflicts with clause 9, the provisions of clause 9 shall prevail.

  2. The basis of the warrantee is a back to base warrantee where if a warrantee claim is made the purchaser shall be liable for all costs incurred getting the part good or Service back to the Earthquip Group Limited nominated facility, and the return there of to the purchasers nominated address given in writing, If no address is given then the Parts Goods Services will be sent to the purchasers address at the time of initial sale. Earthquip Group Limited takes no responsibility whatsoever for Goods Parts or Service damaged in transit by it or any other entity be it supplied by Earthquip Group Limited or the purchasers nominated carrier Subject to clause 9.3, the Supplier’s total liability in connection with defective or damaged Goods supplied by it or in relation to the provision of Services is limited at the Supplier’s option to:
    (a) Replacing or repairing the defective or damaged Goods; or
    (b) Re-performing the defective Service; or
    (c) Refunding the price paid by you for the defective or damaged Goods or provision of Service; or
    (d) If the Supplier did not charge for the defective or damaged Goods or the relevant Service, paying you your recoverable direct loss up to a maximum of $2,000.

    Terms of Trade
    9.2  Where, in relation to any Goods, the manufacturer’s warranty provides a greater warranty entitlement than provided for in this clause 9, Earthquip Group will pass through the benefit of that warranty as it is received from the manufacturer.

    9.3  Where, in relation to any Goods, the manufacturer’s warranty provides a greater warranty entitlement than provided for in this clause 9, Earthquip Group will pass through the benefit of that warranty as it is received from the manufacturer. Exclusion of liability The Earthquip Group shall not be liable whether in contract (including under any warranty), tort (including negligence), equity or otherwise:

    (a)  Where you have altered or modified the Goods, mis-applied the Goods, or have subjected them to any unusual or non- recommended use, servicing or handling;
    (b)  For loss caused by any factors beyond the Earthquip Group’s control;
    (c)  For loss of revenue, loss of profits, loss of production, loss of use, loss of contract, loss of business or loss of opportunity, whether arising directly or indirectly, or for any indirect or consequential loss of any kind;
    (d)  in relation to any second hand Goods supplied;
    (e)  Where the terms of any written warranty have not been complied with or any manufacturer’s handbook provided to you has not been complied with.

    9.4  Except as set out in clauses 9.1 to 9.3, neither the Supplier nor any other member of the Earthquip Group will be liable to you in contract (including under any warranty), tort (including negligence), equity or otherwise for any loss or damage of any nature under these Terms or in relation to any Goods or Services provided to you.

    9.5  Time limit for bringing any claim In the event of a short delivery or errors in dispatch which would be apparent by inspection on delivery, the Supplier will accept no liability unless notified by you in writing within three days of delivery.

    9.6  You may not make or pursue any claim against any Earthquip Group member in relation to the provision of any Goods or Services unless you have given the Supplier written notice of the claim (including full particulars of the grounds on which the claim is based) within:

    (a)  1 year of the relevant good or Service being supplied; or
    (b)  if the claim relates to a breach of a written warranty expressed for a defined period, that defined period.

    9.7  Return of Parts

    If permitted under the Supplier’s Parts return policy, Goods may be returned to the Supplier. These must be freight paid. Where the Supplier elects to repair defective Goods, the Supplier will use all reasonable endeavours to repair the Goods as soon as possible but will not be liable for any delay in completing the repairs.

  3. PPSA
    10.1 Security
    You acknowledge and agree that:
    (a) by assenting to these Terms, you grant a security interest (by virtue of the retention of title clause in clause 5 of these Terms) to the Supplier in all Goods previously supplied by the Supplier to you (if any) and all after acquired Goods supplied by the Supplier to you (or for your account); and
    (b) these Terms shall apply notwithstanding anything, express or implied, to the contrary contained in your purchase order.

    10.2 Financing Statement:
    You undertake to:
    (a) sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up-to- date in all respects) which a member of the Earthquip Group may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register;

    (b) not register a financing change statement or a change demand in respect of the Goods (as those terms are defined in the PPSA) without the Earthquip Group’s prior written consent; and

    (c) give the Earthquip Group not less than 14 days prior written notice of any proposed change in your name and/or any other change in your details including, but not limited to, changes in your address, facsimile number, trading name or business practice.

    10.3 Waiver and contracting out
    (a) Unless otherwise agreed to in writing by the Earthquip Group, you waive your right to receive a verification statement in respect of any Earthquip Group Limited Core Exchange Policy financing statement or financing change statement relating to the security interest.
    (b)  To the maximum extent permitted by law, you waive your rights and, with the Earthquip Group’s agreement, contract out of your rights under the sections referred to in sections 107(2)(c) to (e) and (g) to (i) of the PPS.
    (c)  You agree that nothing in sections 114(a), 133 and 134 of the PPSA shall apply to these Terms and, with the Earthquip Group’s agreement, contract out of such sections.
    (d)  You and each member of the Earthquip Group agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods if and only for so long as the member of the Earthquip Group is not the secured party with priority over all other secured parties in respect of those Goods.
  1. General Terms
    11.1  Mediation
    If a dispute arises and the Supplier considers the dispute is one which is suitable for mediation, the parties will try to settle the dispute by mediation before resorting to litigation or arbitration. Any party may initiate mediation by giving written notice to the other. Mediators should be agreed upon by the parties, but if the parties cannot agree on one within seven days after the mediation has been initiated, then the mediator shall be appointed by the chairperson of the New Zealand chapter of LEADR.

    11.2  Cancellation
    You may not cancel any order for Goods or part of it without the Supplier’s written consent. If you do so, in addition to any other rights the Supplier may have, the Supplier may retain any deposit paid. The Supplier shall have the right to cancel any orders for Goods which it has accepted, if due to circumstances beyond the Supplier’s control it would be impractical or unreasonable to fill the order, if any information supplied by you is materially incorrect or, if in the Supplier’s opinion, a satisfactory servicing or repair cannot be achieved.

    11.3  Waiver or variation
    Waiver or variation of these Terms by any member of the Earthquip Group will only be effective if given in writing by an authorised person. If any member of the Earthquip Group waives any of these Terms the waiver will not affect that member’s rights under these Terms at any future time or the rights of any other member of the Earthquip Group at any time.

    11.4  Changes to these Terms
    We may change these terms of trade at any time by changing or removing existing terms or adding new ones. Any change applies from the time it is published on our web site at earthquip.co.nz.

    11.5  Governing law
    These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have nonexclusive jurisdiction in respect of all matters between you and the Earthquip Group.

    11.6  The Privacy Act
    You and any guarantor (if relevant) authorise each member of the Earthquip Group to collect and hold personal information from any source it considers appropriate to be used for the purposes of determining credit worthiness, for communicating promotional activities and product information, for debt collection purposes or for any other related purpose. You further authorise each member of the Earthquip Group to disclose personal information, held by it for the purposes set out above, to each other and to any other parties. You understand that you have a right of access and may request correction of personal information held by the Earthquip Group about you.

    11.7  Consumer Guarantees Act (CGA)
    If the CGA applies, these terms and conditions shall be read subject to your rights under the CGA, provided that where you are acquiring Goods or Services for business purposes the CGA shall not apply.

    11.8  Electronic Messages
    You and any guarantor (if relevant) consent to receiving electronic messages (including commercial electronic messages and promotional electronic messages) from any member of the Earthquip Group from time to time.

  2. Engine Core Acceptance

    Engines are accepted under the following terms unless otherwise varied in writing prior to pickup of the part good component exchanged

    12.1  The engine is the same engine Ie. same model HP and type as the company earthquip group supplied on an exchange basis and is returned in the cradle supplied with the Remanufactured Part Goods or Service.

    12.2  The engine rotates and turns in the direction of normal rotation at least 3 times without binding and rotates 2 times in the reverse direction without binding.

    12.3  The engine block is complete without holes rust or corrosion or electrolysis and its acceptance is at the sole discretion of Earthquip Group Limited

    12.4  The engine is complete and has not been dismantled or interfered with an anyway whatsoever.

    12.5  Cylinder Head and components (remanufactured). Any cracked or damaged head shall be charged against the core charge at 100% of the OEM value of the replacement head (unloaded).

    12.6 On Inspection of the crankshaft it is serviceable (in tolerance) in the event it is not serviceable, and a new crankshaft is required then 100% of the cost of a new crankshaft shall be charged against the core deposit.

    12.7 On inspection of the camshaft, the camshaft is within tolerance and is the camshaft follower’s pushrods and rocker assemblies. If it is deemed these components are unserviceable 100% of the cost of these components shall be charged against the core deposit.

    12.8 Turbo
    The turbo is serviceable and able to be rebuilt (remanufactured) or in the event no turbo is supplied then 50% of the OEM turbo replacement value will be charged against the core value.

    12.9 Alternator
    The alternator is serviceable and able to be rebuilt (remanufactured) or in the event no alternator is supplied then 50% of the replacement new OEM replacement value will be charged against the core value.

    12.10 Starter Motor
    The starter motor is serviceable and able to be rebuilt (remanufactured) or in the event no Sstarter motor is supplied then 50% of the replacement new OEM replacement value will be charged against the core value.

    12.11 Excluded Items from Core Deposit Deduction Pistons
    Rings
    Gudgeon Pins
    Liners
    Camshaft Bearings
    Crankshaft bearings
    Big End Bearings
    Little End Bearings
    Gaskets
    Seals
    Valves
    Valve Guides
    Valve Springs
    Water Pump
    Oil Pump
    Timing Gears
    Any other Item Earthquip Deemed not to be part of the core deposit atits sole discretion

  3. Transmissions
    13.1 Transmission Core Acceptance
    Transmissions are accepted under the following terms unless otherwise varied in writing prior to pickup of the part good component exchanged

    13.2 The Transmission is the same transmission Ie. same model HP and type as the company Earthquip Group supplied on an exchange basis and is returned in the cradle supplied with the Remanufactured Part Goods or Service.

    13.3 The Transmission rotates and turns in the direction of normal rotation at least 5 in all gears times without binding and rotates 3 times in the reverse direction without binding.

    13.4 The Transmission is complete without holes rust or corrosion or electrolysis and its acceptance is at the sole discretion of Earthquip Group Limited

    13.5 The Transmission is complete and has not been dismantled or interfered with an anyway whatsoever.

    13.6 The transmission shafts are within tolerance and in the event that they are not then 100% of the cost of the replacement OEM Shaft will be deducted from the core charge

    13.7 The cogs gears clusters are Serviceable and if deemed not then 100% of the replacement of these Items with new OEM Items will be charged against the core deposit.

    13.8 Excluded Items
    Synchromesh’s All Bearings
    All Gaskets
    All Seals

  4. Differentials
    These are assessed on a case by case basis and its at the sole discretion of Earthquip Limited as to what will or will not bew charged against the coreDeposit

    14.1 Excluded Items
    All Seals
    Bearings