Godzilla Loaders Warranty And Terms Of Sale

Please take time to read and understand the Safety and Operations Manuals

A. General Scope of Coverage. Godzilla Equipment Pty Ltd warrants to the first registered owner that Godzilla Equipment Pty Ltd will replace, at its option, any genuine parts covered under this warranty which is found to be defective in material or workmanship during the applicable warranty term as set forth in the Coverage Chart depicted in paragraph B, subject to the exclusions listed in paragraph C. Each applicable warranty term begins on the date of dealer dispatch. This warranty covers new genuine parts (“Equipment”) purchased from Godzilla Equipment Pty Ltd. Godzilla Equipment Pty Ltd machinery comes with guarantees that cannot be excluded under the Australian Consumer Law. The benefits within our Warranty are in addition to other rights and remedies under the Australian Consumer Law.

B. What is Warranted? Subject to paragraph C, all parts of new Equipment are warranted as set forth in the Coverage Chart below. Standard Warranty – Machine – 12 months parts and labour, 36 months parts warranty  12 months parts and labour warranty means in many cases you will need to take your machine to an authorised repairer at your expense.  Whilst every effort is made to make the warranty process as simple as possible for you, for Godzilla Loaders to cover the cost of the labour on these items, we will require you to simply take the machine so works can be carried out.  Parts Only for a further 24 months or 1500 hrs. Whichever comes first.

* Standard Warranty Parts Only Covers the balance of the machine excluding normal replaceable items including filters, oils, lubricants, belts, hoses, glass and light bulbs. It also excludes parts covered by component manufacturer warranty such as batteries. 

C. What is Not Warranted (Exclusions)? Pursuant to the terms of this warranty, Godzilla Equipment Pty Ltd IS NOT RESPONSIBLE FOR ANY OF THE FOLLOWING:

1. Used Equipment.
2. Any Equipment that has been altered or modified in a manner not approved by Godzilla Equipment Pty Ltd.
3. Defects caused by normal wear and tear or lack of reasonable and proper maintenance. For example, damage to the engine due to lack of servicing such as not changing the air filter and accumulation of dirt inside the engine as a result will not be warranted. Proper care and maintenance of the machine is your responsibility as the owner.  Further details of how to care for your machine is detailed in the owner’s operators manual.
4. Normal maintenance parts and service, including but not limited to: belts, brakes, clutch linings, oil, filters (air, fuel, oil), coolants, conditioners, lubricants, pre-heater plugs, light bulbs, cutting parts (blades, teeth, and chains), bucket teeth, drive chains, and clutch discs.
5. Defects caused by user negligence or failure to comply with the owner’s operators manual.
6. Defects caused by misuse or abuse, including but not limited to use of Equipment: (i) beyond stated or reasonable specifications or tolerances, (ii) contrary to the terms of the owner’s manual, (iii) or contrary to the Equipment’s intended purposes.
7. Defects caused by the use of unapproved attachments or implements.
8. Costs of parts cleaning, adjustments, service calls, diagnostics, and clean up.
9. Tyres, tubes, batteries, bearings, sprockets and radios etc 
10. Window and door glass and mirrors.
11. Freight charges on replacement parts.
12. Addition or replacement of chemical weight materials.
13. Damage or defects caused by accident, theft, fire, flood, vandalism, or an act of God.
14. Costs of rental of replacement equipment during the repair period.
15. Equipment which has been declared a total loss and subsequently salvaged.
16. Overtime labour charges.
17. Transportation of Equipment and travel time (including mileage).
18. Any failure or defect not caused by a defect in workmanship or materials.

D. Terms of Warranty

1. 1. Warranty is only valid to loaders and accessories that have been well maintained, kept clean, tidy, and neat. Note: if a warranty claim is lodged, service documentation may be required to support your claim.

   2. All warranty work is to be carried out by Godzilla Equipment Pty Ltd or by a Godzilla Equipment Pty Ltd authorized representative unless with the express written permission of Godzilla Equipment Pty Ltd. Godzilla Equipment Pty Ltd will repair or replace the item at their discretion.
      Note that NO unauthorized works will be reimbursed to you or paid directly to the contractor by Godzilla Equipment Pty Ltd unless with EXPRESS WRITTEN PERMISSION from Godzilla Equipment Pty Ltd prior to work commencing.
      In short, you, the customer, are not authorized to engage contractors of your choosing to complete works on your machine and on-charge Godzilla Equipment Pty Ltd without seeking our written approval of the quote first. Such invoices will not be paid, and furthermore, taking such action will void your warranty from this date forwards.

   3. Godzilla Equipment Pty Ltd takes no responsibility for any losses of income, or another nature occurred while any machine warranty issue is being warranted and/or repaired.
   4. Godzilla Equipment Pty Ltd takes no responsibility for your success or lack thereof in the loader operator/hire business. We sell you the loader only as agreed and outlined on your invoice. We make no claims on what you will or will not earn as a loader operator. We do, however, help you as much as we can, but ultimately you need to run your business if this is the purpose of the purchase.
   5. Our loaders and equipment are always being updated and refined. Some items may not match video exactly, we do our best to inform you in advance. If you have questions please just ask, we are happy to let you know. Our goal is to provide you with the most up-to-date product.
   6. Some items are supplied from third party Australian suppliers. In some cases, you will need to contact third party suppliers directly as they warrant their own items and undertake repairs for you. We will advise if this is the case. They will have their own service network and service you quickly.
   7. Should any warranty or after sales repair work be required and you are located within a 300km radius of our factory or service centre, you will be required to bring your machine to the factory or service centre for works to be completed.  If you are unable to bring your machine to the factory or service centre, a $390 + gst service fee applies.  
   8. Tradesmen will not be organised outside of standard working hours to repair or replace equipment; standard working hours being Monday – Friday 8-4pm.  Should you insist on a tradesperson to repair your trailer outside of working hours, the fees will be payable by you, the trailer owner. This is standard across many industries.  In many cases, depending on your location, you will need to take your trailer to a local service centre to have the repair completed. This may cause you to lose income during the short period of time your trailer is being repaired, as with your regular servicing, however, we take no responsibility for compensation at this time. Repairing and maintaining your machine is part of running a business and should be expected during the warranty period and as ongoing maintenance for your business.
   9. Any replacement part that has been issued to you under the terms of your warranty is covered under warranty for the remainder of your warranty period regardless of the size of the part; whether it is a replacement unit, hose, or simply replacement nuts and bolts, the expiration of the warranty period remains unchanged from 36 months after the date of delivery.  Therefore, your warranty period does not reset to full warranty term on receipt of a part, for the entire unit OR the part itself.  Your warranty on your machine will expire 36 months from the date of delivery, regardless of any claims made during the warranty period and replacement parts received during that time.

  E. Termination of Warranty. This warranty terminates and is voided immediately upon the occurrence of any of the following:

1. Use of starting fluid (Aero Start, start ya Bastard) or either to start or run the engine.
2. Use of any replacement part that is not a genuine authorized part.
3. Any adjustment of the injection pump fuel delivery system.
4. Failure to timely and completely perform regular maintenance and service as prescribed by the operator’s manual during the warranty term.
5. Failure to perform Purchaser’s obligations as set forth in paragraph G of this warranty.
6. Misuse or abuse of Equipment, including but not limited to use of Equipment: (i) beyond stated or reasonable specifications or tolerances, (ii) contrary to the terms of the owner’s manual, or (iii) contrary to the Equipment’s intended purposes.
7. Transfer of ownership of excavator or loader. Warranty is valid only to the original purchaser and may not be transferred or deferred in any way. Once sold or otherwise disposed of by the original purchaser to any third party, warranty becomes void.

F. Exclusion of Implied Warranties and Limitation of Liability. This warranty is in lieu of all warranties of merchantability, fitness for a particular purpose or other representations, warranties or conditions, expressed or implied, all of which are hereby excluded. The remedies of this warranty set forth herein are exclusive. Godzilla Equipment Pty Ltd neither assumes, nor authorizes any person to assume for it, any other obligation or liability in connection with the sale of covered equipment. Correction of defects, in the manner and for the applicable period of time provided above, shall constitute all obligations of Godzilla Equipment Pty Ltd sales to the purchaser, and Godzilla Equipment Pty Ltd shall not be liable for negligence or breach of contract with respect to covered equipment. In no event shall the purchaser be entitled to recover for incidental, special, or consequential damages, including but not limited to, loss of crops or seed, lost profits or income, cost of rental or replacement equipment, inconvenience, or other commercial losses, because some jurisdictions do not permit limitations or exclusions of implied warranties or incidental or consequential damages, the above exclusions may not apply to you.

G. No Dealer Warranty. This warranty is the only warranty authorized by Godzilla Equipment Pty Ltd. Dealers, distributors, and other third parties have no authority to make any warranty, representation, condition or promise on behalf of Godzilla Equipment Pty Ltd, or to modify the terms or limitations of this warranty in any way.

H. Purchaser’s Obligation. To secure warranty service, the Purchaser must promptly report the defect by emailing office@godzillaloaders.com.au . The Purchaser must maintain the Equipment in accordance with the instructions provided in the owner’s manual and keep records and receipts for such maintenance. Godzilla Equipment Pty Ltd may ask the Purchaser to prove that regular maintenance has been timely and properly performed. If a covered defect occurs, it is the Purchaser’s responsibility to cease operating the Equipment until repairs are made. Damage which occurs from continued operation may not be covered by this warranty. General conduct whilst dealing with our staff and suppliers – Your polite and respectful conduct is expected.  Abusing staff, ringing and demanding instant fixes outside of or during business hours, threatening, intimidating or unreasonable behaviour, verbal or physical abuse towards staff will not be tolerated. We understand that running a business can be stressful at times and things can go wrong, but our staff are there to help, and offer excellent customer service if you allow them to.   We always show our customers utmost politeness and respect so expect the same in return for all of our staff members, tradesmen and delivery drivers.

I. OWNER’S RESPONSIBILITY. Read the equipment Operator’s Manual carefully to learn how to operate and service your Equipment safely and correctly. Keep all safety guards and devices in place and operational. Failure to do so could result in personal injury or Equipment damage. Operator’s Manuals are available in hard copy and online.

J. Terms and Conditions of Sale

Delivery – Please note delivery timeframes vary from order to order, depending on a number of factors including parts and equipment availability from our 3^rd party suppliers, weather conditions on the roads, and various other natural disasters and delays that occur from time to time.  Delivery can and will vary, some of our videos mention 30-60 working days, and while this is our target build time, you should not book jobs, hire premises or quit your existing income until you have received an accurate delivery date from our team and know your machine is on the way. Godzilla Loaders takes no responsibility for any losses incurred due to delays in delivery and reserve the right to vary the estimated delivery date to a date that is reasonably necessary for the supply of goods. Godzilla Loaders shall not be held liable for any loss or damage, including, but not limited to, any consequential or indirect losses to the customer caused by any variation of the delivery date.

Force Majeure – No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the Australian Centre for Disease Preparedness as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.

K. Scope of Liability  Godzilla Loaders will not be held liable for any direct loss or damages, including, but not limited, to consequential and indirect loss and damage of any kind arising out of the supply, design, assembly, installation or use of the goods, except for direct damage to the goods themselves, and the limit of liability of Godzilla Loaders shall be for the repair or replacement of the damaged goods, at their sole discretion. Subject to any applicable State or Federal Statute to the contrary, Godzilla Loaders’ loss is limited and does not cover any other damages including any items stored in the machine.