Terms and Conditions

Copyrights

All material on this site, including, but not limited to items such as logos, clips, images and text are the property of No Dig Equipment. No trade mark, web content or graphic art of ours (whether registered or otherwise) may be used without our prior, specific,written permission. The logos and associated words and devices on this site are our trade marks. Each of our trade marks is protected in Australia and may be the subject of rights in other countries.

Limits of Liability and Disclaimers

We have made every effort to provide current and accurate information in the documents published and displayed on this site. However, we do not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions; makes no warranty of any kind, expressed or implied, and is not accountable for errors or omissions. No Dig Equipment is not liable or responsible to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly, by any information contained in this publication.

Use Agreement

By accessing this web site, you agree to our privacy and site use policies and to all other matters relating to use of this web site.

No Dig Equipment reserves the right to modify or remove the site policy any time at our discretion. We will periodically update this page and encourage you to check back frequently to stay informed of any changes.

Links to Third Party Websites

No Dig does not control any third party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. No Dig provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification of the linked website or any information contained in it.

Disclaimer

By providing links to other sites, No Dig Equipment. does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to No Dig Equipment.

DigiTrak® and Spot-D-Tek® are registered trademarks of Digital Control Incorporated of Renton, Washington, USA.  No Dig Equipment is an authorised distributor of Digital Control

Ditch Witch®, and JetTrac® are registered trademarks of The Charles Machine Works, Inc., of Perry, Oklahoma, USA and there is no association with No Dig Equipment.

Vermeer®, Firestick®, and Navigator® are registered trademarks of Vermeer Manufacturing Company of Pella, Iowa, USA and there is no association with No Dig Equipment.

Terms & Conditions of Sales 

• The Terms of Payment are Net 30 from end of Month of the No Dig Equipment invoice for approved customers. Any outstanding Accounts will be charged an interest payment of 10% per annum.

• In the event that an overdue account is referred to a collection agency and or Law Firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including all Legal Fees and Demand Costs.

• The applicant consents to No Dig Equipment obtaining credit information about the applicant which can contain personal information about the applicant in relation to commercial Credit provided by any credit providers. The applicant understands that this information includes the applicant’s credit worthiness history and capacity which Credit providers are allowed to give under the privacy act.918E

• No Dig Equipment reserves the right to refuse or cancel Commercial Credit without notice at any time.

• Any change to the status or structure of the applicant/s shall only be effective in respect of this credit account of written notice being provided to No Dig Equipment. All Credit Facilities entered into pursuant to the Terms of this Credit account Application shall be deemed to continue in the name/s of the Original Applicant/s.

• Regarding Credit Card Authorisation form for Hire or Sale
  1. We will provide a tax invoice for each sale, rental to the hire at the conclusion of the rental.
  2. If the amount of the invoice is not paid Including, because of the rejection of Credit Card Debit or the subsequent reversal of the debit (by chargeback or otherwise), you must pay the amount of the invoice (Including GST) within 14 days of the invoice not being paid.
  3. If you do not pay within 14 days of the date of invoice, you are liable for the Interest on the invoice amount at a rate of 5% calculated and compounded daily until full payment is received.

Custom Manufactured Parts & Equipment

Custom manufactured parts and equipment will require a 20% deposit with payment in full upon delivery unless otherwise agreed in writing.  Work will not commence until the deposit has cleared our accounts.

In the event that a customer cancels the order after production has commenced, the deposit will be forfeited by the customer to partially offset overhead and the cost of production.

The customer remains legally liable for 100% of the total contract value if the part has already finished the manufacturing, or is at the assembly stage at the time of cancellation.

Return, Material Exchange and Restocking

Returns must be approved by No Dig Equipment and parts must be in new / unused condition for returns. Any freight charges for return are at the customers cost.  A 20% restocking fee may apply for any returns to cove overhead cost. A credit will be applied to the customer’s account for the cost of the returned part less any charges.

Legal Charges & Costs

All collection costs including all legal fees incurred and paid by us and interest at the above rate on any amount paid by us from the date of payment to the date of full repayment (both Dates inclusive) and compounding daily.

Terms and Conditions for Hire Equipment

Acceptance

Any Instruction received by No Dig Equipment from you and/or your acceptance of equipment supplied by No Dig Equipment, shall constitute acceptance of these Terms and Conditions.

Price

All prices of equipment given on websites, letter, price lists or any other documentation provided by No Dig Equipment are exclusive of GST and are subject to change without notice, unless specifically stated otherwise.

Terms of Payment

Our Terms of Payment are strictly outlined in the Credit Account Application.

For Non Credit Account holders; the CREDIT CARD AUTHORISATION FORM for Hire is to be completed along with the Dry Hire Rental Agreement before the Hire Unit leaves the Premise of No Dig Equipment.

No Dig Equipment in its absolute discretion may discontinue or suspend credit to you without notification and require payment before delivery or pick up.

Subject to the other provisions in these Terms and Conditions and subject to the express contrary agreement made with you and recorded on the invoice, where No Dig Equipment has agreed to provide credit to you, Payment of any monies owed to No Dig Equipment pursuant to that Credit Arrangement shall be made 30 days from the end of the month of the date stated on the Invoice. Or subject to any Rental Agreement

Accounts

Any outstanding amounts will incur interest charged at 10% per annum from the date that payment was due, until the date that payment is received in full.

In the event that your overdue account is referred to a Collection Agency and/or Law Firm, you will be liable for all costs which would be incurred as if the debt is collected in full , including Legal demand Costs.

Return/Use of the Hire Unit

On return and or Use of the hire unit, the customer agrees to be liable for the following:

• All Costs incurred in cleaning the equipment.

• The full cost of repairing any damage to the equipment caused or contributed to by the customer.

• Stamp Duty, GST, any other Taxes, fines, penalties, levies or charges payable in respect of this contract or arising from the customer’s use of the equipment.

• All costs incurred by No Dig Equipment in Delivering and recovering possession of equipment.

• The cost of fuels and consumables provided by No Dig Equipment and not returned by the customer.

Damage Waiver

The Damage waiver is NOT Insurance, but it is an agreement by No Dig Equipment that the customer’s liability for damage to the equipment can be limited in some circumstances only, to an amount called the damage waiver excess.

Damage waiver applies to all hires, subject to the conditions below, for no additional fee. The damage waiver excess is the actual recovery and repair cost of the equipment, or 20% of the current replacement cost of the equipment as reasonably determined by No Dig Equipment.

DAMAGE WAIVER DOES NOT APPLY AND WILL NOT LIMIT THE CUSTOMER’S LIABILITY in the following circumstances:

• Where the equipment is lost or stolen.

• Where the operator is not suitably licensed.

• Where the operator is affected by drugs and or alcohol.

• Where the Equipment has been willfully damaged by the customer or it’s employees and or agents.

• Where the damage is caused by a collision with a bridge, car park, awning, gutter, tree or any overhead structure or object whatsoever due to insufficient clearance.

• Where the damage is caused while the equipment is being driven or towed on any road that is unsealed, or is not a public road or,

• Where the damage is caused in any way by overloading.

Retention of Title

No Dig Equipment retains title of all goods supplied to you until payment for the goods is received in full.

If you fail to pay any amounts owing to No Dig Equipment. No Dig Equipment or it’s authorised agent, may enter the premises where the goods are located and seize those Goods without any Liability of Trespass or any resulting damage to sell them to recover the amount of the Debt still owing.

Personal Properties Securities

All Hire Units are registered with PPSR and therefore remain the registered property of No Dig Equipment.