Terms and Conditions

Hitachi Construction Machinery Australia Pty., Ltd. Terms and Conditions 
 
Article 1. Application of Terms and Conditions 
These Terms and Conditions shall apply to Hitachi Construction Machinery Australia Pty., Ltd. (hereinafter referred to as “Dealer”) and any user (hereinafter referred to as “User”) that makes purchases of products or other transactions (hereinafter referred to as “Transaction(s)”) through the Dealer’s website. 
In the event of any conflict between the provisions of these Terms and Conditions and the terms and conditions for an individual Transaction, the terms and conditions for the individual Transaction shall prevail. 
 
Article 2. Amendment of Terms of Use 
The Dealer may amend these Terms and Conditions at any time without the Member’s consent by notifying the Member in advance.  Members will be notified in writing (including by email or SMS)Dealer.  
The Dealer shall not be liable for any damage incurred by the Member as a result of such changes. The amended Terms and Conditions will not apply to any order or Transaction which has already occurred or been accepted by the Dealer.  Also, the amended Terms and Conditions will not apply to Members if they cancel their membership in accordance with Article 7 within 30 days after receiving notice of the amended Terms and Conditions. 
 
Article 3. Purchase of Parts 
The parts purchasing service on the Dealer’s website is a service that allows the User to purchase products offered by the Dealer online. The User may use the parts purchasing service by agreeing to these Terms and Conditions. 
 
Article 4 Member Registration 
A User that wishes to become a member shall become a member (a User who obtains membership in accordance with this Article is hereinafter referred to as a “Member”) upon agreeing to these Terms and Conditions, applying in accordance with the separately specified procedures, and receiving approval from the Dealer after it reviews the application. 
Members will be issued and notified of IDs and passwords for use in Transactions. 
The Dealer is not obligated to accept applications as specified in Paragraph 1. Further, the Dealer may choose not to accept an application or may withdraw its acceptance even after acceptance if the Dealer determines that the prospective Member falls under any of the following cases. 
the User resides outside of Australia; 
the User does not unconditionally accept these Terms and Conditions; 
the User has breached or, in the Dealer's reasonable opinion, is likely to breach these Terms and Conditions; 
the User’s membership has been revoked or the User has voluntarily cancelled its membership;  
 the User has previously been involved in any criminal acts, bankruptcy, liquidation, suspension of payments, dishonored bills, or attachment or provisional attachment, or is likely to be involved in any such event in the future; or 
 the User is otherwise deemed inappropriate by the Dealer. 
A User registered as a company admin in accordance with Paragraph 1 (“Company Admin”) shall be granted administrator privileges to add persons within his/her organization etc., who wish to use the Dealer’s website, as Company users and register them as members of the Dealer’s website. 
 
Article 5. Membership Period 
The membership period shall be the one-year period from the day of becoming a Member. If neither the Dealer nor the Member indicates an intention to terminate membership within one month prior to the expiration of the membership period, the membership shall be extended for one year under the same conditions, and the same shall apply to the membership period so extended. 
The Dealer may terminate the membership of any Member who has not logged in for 10 years. 
 
Article 6. Notification of Change 
Members shall promptly notify the Dealer of any change in their corporate name (or name for individuals), name of the person in charge, telephone number, facsimile number, address, email address, or any other information notified to the Dealer. 
 
Article 7. Membership Cancellation 
Members may cancel their membership by submitting a request for cancellation of membership to the Dealer’s contact information posted by the Dealer on the Dealer’s website. 
 
Article 8. Revocation of Membership 
The Dealer shall be entitled to immediately cancel a Member’s membership without prior notice in any of the following cases: 
In the event of any of the conduct set forth in Article 19; 
In the event of any false declaration or notification to the Dealer; 
In the event of any other breaches of these Terms and Conditions; or 
In the event that the Dealer otherwise deems a Member to be inappropriate as a Member. 
Notwithstanding the preceding paragraph, the Dealer may cancel a Member’s membership with notice to the Member one month in advance. 
 
Article 9. Preparation of Equipment etc. 
Members shall be responsible for preparing communications equipment, software, and all other equipment necessary to make Transactions, as well as executing line use agreements, subscribing to Internet connection services, and making any other preparations necessary to make Transactions, at their own expense and responsibility. 
 
Article 10. Management of IDs and Passwords 
Members are responsible for managing their IDs and passwords, which the Dealer grants to them after registration, to prevent them from being divulged, lost, damaged, or used for any unauthorized purpose. 
Members shall not allow any third party to use their IDs or passwords, or lend, assign, transfer, change the name of, sell, trade, or pledge, etc. their IDs or passwords. 
Members shall be liable for any damage caused by inadequate management of IDs and passwords, errors in use, use by third parties, etc., and the Dealer shall not be liable for any such damage. 
If a Member’s ID and password are stolen, or if a Member discovers that its ID and password have been used by a third party, the Member shall immediately notify the Dealer to that effect and comply with the Dealer’s instructions, if any. 
Members shall change their passwords on a regular basis and shall not use the same password for an extended period of time. 
 
Article 11. Member Orders 
Members shall enter the orders on the member page in accordance with separately specified procedures, and shall pay for the ordered products and shipping charges as specified in Article 17 by credit card or other method designated by the Dealer. The order will be deemed completed when the Dealer confirms that the payment has been completed. 
The Dealer is not obligated to accept an order as specified in the preceding paragraph. If the Dealer does not accept an order, it will refund to the Member any payment it has received for the order. 
The agreement between a Member and the Dealer for a Transaction shall be  formed when the Member places an order with the Dealer through a Transaction, specifying the relevant items, quantity, etc., as specified in Paragraph 1, and the Dealer accepts the order. 
The terms and conditions of an agreement between a Member and the Dealer for a Transaction are set forth in these Terms and Conditions, and include any information relating to the Transaction (such as price) as notified to the Member by the Dealer at the time of the Transaction, and Members shall acknowledge and accept these terms and conditions before placing an order under Paragraph 1. 
The Dealer will proceed with the shipment of the products to a Member upon the formation of an agreement as stipulated in Paragraph 3; provided, however, that delivery dates may be before or after the requested date as a result of traffic conditions, holidays, public holidays, etc. 
Shipping dates are subject to change depending on product availability and other factors. 
An order may not be withdrawn, cancelled, revoked, or modified by a Member except as agreed by the Dealer and in accordance with the other terms and conditions of these Terms and Conditions or the terms and conditions of the applicable agreement for an individual Transaction. Unless required by law, a Member shall not be released from any obligation to pay the Dealer for any Transaction or entitled to any refund from the Dealer in the event that the Member refuses to accept or returns to the Dealer any item related to a Transaction. 
Orders placed with the Dealer through Transactions shall be deemed to have been placed by the Member having the relevant ID and matching password, in which case the Transactions based thereon shall take effect with respect to such Member. 
 
Article 12. Guest Orders 
A User that makes a Transaction without registering as a Member as stipulated in Article 4 (hereinafter referred to as “Guest”) shall, upon agreeing to these Terms and Conditions, enter the order on the guest page in accordance with separately specified procedures, and shall pay for the ordered products and shipping charges as specified in Article 17 by credit card or other method designated by the Dealer. The order will be deemed completed when the Dealer confirms that the payment has been completed. 
If the purchase amount for an order exceeds a certain amount, the Dealer may conduct a customer screening of the Guest. 
The Dealer is not obligated to accept an order as specified in Paragraph 1. Further, the Dealer may choose not to accept an order or may withdraw its acceptance even after acceptance if the Dealer determines that any of the following cases applies with respect to the Guest. 
 the Guest resides outside of Australia; 
 the Guest does not unconditionally accept these Terms and Conditions; 
 the Guest has breached or, in the Dealer's reasonable opinion, is likely to breach these Terms and Conditions; 
 the Guest’s membership has been revoked or the Guest has voluntarily cancelled its membership;  
 the Guest has previously been involved in any criminal acts, bankruptcy, liquidation, suspension of payments, dishonored bills, or attachment or provisional attachment, or is likely to be involved in any such event in the future;  
If any of the information provided to the Dealer at the time of the order is wholly or partially false or incomplete; 
 the Guest is deemed inappropriate by the Dealer as a result of a customer screening under the preceding paragraph; and 
 the Guest is otherwise deemed inappropriate by the Dealer. 
If the Dealer does not accept an order or withdraws its acceptance under this Article, it will refund to the Guest any payment it has received for the order. 
The agreement between a Guest and the Dealer for a Transaction shall be formed when the Guest places an order with the Dealer through a Transaction, specifying the relevant items, quantity, etc., as specified in Paragraph 1, and the Dealer accepts the order. 
The terms and conditions of an agreement between a Guest and the Dealer for a Transaction are set forth in these Terms and Conditions and include any information relating to the Transaction (such as price) as notified to the Guest by the Dealer at the time of the Transaction, and Guests shall acknowledge and accept these terms and conditions before placing an order under Paragraph 1. 
The Dealer will proceed with the shipment of products to a Guest upon the formation of an agreement as stipulated in Paragraph 4; provided, however, that delivery dates may be before or after the requested date as a result of traffic conditions, holidays, public holidays, etc. 
Shipping dates are subject to change depending on product availability and other factors. 
An order may not be withdrawn, cancelled, revoked, or modified by a Guest except as agreed by the Dealer or in accordance with the other terms and conditions of these Terms and Conditions or the terms and conditions of the applicable agreement for an individual Transaction. Unless required by law, a Guest shall not be released from any obligation to pay the Dealer for any Transaction or entitled to any refund from the Dealer in the event that the Guest refuses to accept or returns to the Dealer any item related to a Transaction. 
When purchasing products pursuant to this Article 12, some of the products available pursuant to Article 11 may not be available for purchase. 
 
Article 13 Prices 
All prices are subject to GST and other taxes, which shall be added to the price and paid by the User. 
 
Article 14. Delivery 
The delivery address will be the address entered at the time of order. 
Shipping charges shall be the amount shown on the purchase page of the Dealer’s website at the time of order. 
The shipping carrier depends on the item purchased, and the User cannot specify a preferred carrier. International shipping is not available. 
If the Dealer or the logistics provider used by the Dealer determines that delivery to the shipping address specified by the User is not possible, the User may elect to either cancel the order or change the shipping address to one where the Dealer or the logistics provider used by the Dealer can deliver. The User shall be responsible for any loss, increase in costs, or labor to receive the purchased items.  If the User elects to cancel the order, the Dealer will refund to the User any payment the Dealer has received for the order, except the Dealer reserves the right to deduct from such payment any cost that the Dealer has incurred due to the fault of the user, including an incorrect or invalid shipping address being provided by the User. 
 
Article 15. In-Store Pick-Up 
Notwithstanding Article 14, a User may choose at the time of order to pick up the purchased items at a store in lieu of delivery. 
The User shall not be responsible for shipping charges if the User picks up the purchased items at the store. 
 
Article 16. Orders from Outside Australia, Shipping Outside Australia 
Because the products and services sold and provided in Transactions are to specifications consistent with the laws of Australia, any agreement for a Transaction based on an order from outside Australia or involving shipment outside Australia will be void retroactively, even after acceptance by the Dealer. The User may not ship any product subject to a Transaction outside Australia by itself or through a third party. If the User does ship any product subject to a Transaction outside of Australia, the User shall be solely responsible for all export control laws and regulations and other applicable laws and regulations. 
 
Article 17. Payment Method 
The User shall pay for any confirmed order and may only make payment by credit card or other method designated by the Dealer. The Dealer will confirm the User’s ability to pay by credit card or other method designated by the Dealer. 
The User shall promptly update the information on the my account page if the registered credit card number is changed or the expiration date is updated. Please note that some credit cards may allow continued payments for products without contacting the Dealer. 
 
Article 18. Return of Items 
Subject to any rights the User has at law, the conditions for returns are as set forth in Article 6, Paragraph f. on the linked page below. 
Standard Conditions of Contract for Sale and Repair of Goods
 
Article 19. Prohibited Conduct 
Users shall not engage in any of the following conduct in Transactions or in the use of the Dealer’s website. 
Any conduct that infringes or may infringe the copyrights or other rights of other Users, third parties, or the Dealer; 
Any conduct that infringes or may infringe the property or privacy of other Users, third parties or the Dealer; 
Any conduct that causes or may cause disadvantage or damage to other Users, third parties or the Dealer; 
Interfering with the operation of Transactions or the Dealer’s website; 
Any conduct that damages the reputation of Transactions or the Dealer’s website; 
Unauthorized use of IDs and passwords by Members; 
Using or providing harmful programs such as computer viruses through Transactions or the Dealer’s website; 
Any conduct that falls under the prohibited conduct under these Terms and Conditions, or any conduct that violates or may violate laws and regulations; 
Using the parts purchasing service by impersonating a third party; 
Purchasing products for the purpose of resale, reselling, or supply, etc.; 
Unauthorized access or other hacking activities or conduct that affects the normal operation of servers or networks; 
Any unauthorized use of the contents of the Dealer’s website; 
Sending phishing emails impersonating the Dealer; and 
Other conduct that the Dealer deems inappropriate. 
 
Article 20. Change of Delivery Date etc. 
The Dealer may change the delivery date pursuant to an agreement for a Transaction depending on inventory, delivery, and other circumstances. In such cases, the Dealer will promptly notify the User of the change, but the presence or absence of notice, or delay, shall not affect the validity of the change.  If the delivery date is delayed by more than [30] days due to no fault of the User, the User may cancel the order by giving notice to the Dealer within 7 days after receiving notice of the new delivery date, and in that case the Dealer will refund to the User any payment the Dealer has received for the order. 
 
Article 21. Personal Information 
The Dealer’s handling of Users’ personal information obtained by the Dealer in the course of Transactions and otherwise in the course of providing services on the Dealer’s website shall be handled in accordance with the provisions on the linked page below stipulated by the Dealer. 
Privacy Policy
 
Article 22. Deletion of Information 
The Dealer may remove any information provided, obtained, or used by the User through Transactions or the Dealer’s website without notice to the User if the Dealer believes that such information if the Dealer determines that any of the following cases applies. 
 The User who has provided, obtained or used information has engaged in any of the prohibited conduct set forth in items of Article 19. 
The Dealer deems it necessary to delete for the maintenance of Transactions or the Dealer’s website. 
The Dealer otherwise deems it necessary to delete. 
The Dealer shall not be liable for any damage incurred by the User or any third party as a result of the Dealer deleting or not deleting information in accordance with the provisions of this Article 22. 
 
Article 23. Dispute Resolution etc. 
If the User causes damage to, or the User has a dispute with, any other User or third party in connection with a Transaction or use of the Dealer’s website, the User shall resolve such dispute at the User’s own expense and responsibility and shall not cause any inconvenience or damage to the Dealer. 
 
Article 24. Copyright 
Material provided or made available to the User through Transactions or the Dealer’s website may be protected by copyright.  The User must not reproduce, transmit, mail, publish, distribute, or otherwise make available to third parties such copyright material except with the Dealer’s consent or as permitted by applicable law. 
 
Article 25. Discontinuation of Service 
The Dealer may, without prior notice to the User, fully or partially discontinue the operation of the Dealer’s website and Transactions, in the event of the occurrence or likelihood of an operation and maintenance of the Dealer’s website, natural disaster, incident, or other emergency, or as otherwise deemed necessary by the Dealer.  
The Dealer shall not be liable for any damage to the User resulting from the discontinuation of the operation of the Dealer’s website or Transactions in accordance with the preceding paragraph. 
Where the Dealer fully or partially discontinues operation of the Dealer’s website and Transactions, and is not able to fulfill an order placed before the discontinuation, the Dealer will refund to the User any payment the Dealer has received for the order.   
 
Article 26. Disclaimer 
In no event shall either party be liable to the other party for any indirect or consequential loss, including loss of profit, loss of revenue, anticipated profit or damages for lost opportunity, suffered or incurred by the party in connection with a Transaction.  
In the event that a party causes damage to the other party for reasons attributable to that party in connection with a Transaction, the extent of the party's liability for damages in relation to each Transaction shall be limited to the total amount of fees paid to the Dealer in relation to that Transaction.  
The Dealer shall not be liable for any damage incurred by the User due to failure, or malfunction of the User’s contracted line, Internet access service, or other communications, unauthorized access by the User or any third party. 
The above exclusions and limitations of liability do not apply to the extent liability cannot be excluded or limited by law. 
 
Article 27. Device Information 
Products subject to Transactions may be equipped with GPS functions or other functions that record usage data. 
The Dealer may collect or store data by using the functions described in the preceding paragraph equipped in the products subject to Transactions or use such data for the following purposes, and the User hereby agrees to such use. 
To ascertain the location and condition of use of products subject to Transactions; 
In the event of accident, theft, non-return, etc. of products subject to Transactions, to identify the location, etc. of products subject to Transactions; 
To use for analysis that contributes to improving the quality of service and customer satisfaction of products subject to Transactions; and 
To respond to requests for disclosure of information received by the Dealer from government agencies etc. in accordance with laws and regulations. 
 
Article 28. Prevention of Improper Resale and Diversion 
The User shall not use, and shall not allow any third party to use, the products (or technology) provided by the Dealer through Transactions or any reproductions thereof (or products produced using the relevant technologies) for the development, design, manufacture, storage, or use of weapons of mass destruction such as nuclear, chemical, biological, or missile weapons, for military purposes or for any other purpose that interferes with the maintenance of international peace and security. 
The User shall not sell, transfer, export, lease, or license the products (or technology) provided by the Dealer through Transactions or any reproductions thereof (or products produced using the relevant technologies) to any person having any of the purposes specified in the preceding paragraph. 
The User shall comply with all applicable laws and regulations relating to foreign commerce and trade and other applicable laws and regulations when exporting, selling, or transferring the products (or technology) provided by the Dealer through Transactions or any reproductions thereof (or products produced using the relevant technologies). 
 
Article 29. Compliance with Laws and Regulations 
The User shall conduct its business in compliance with laws, including, without limitation, the anti-bribery laws, anti-money laundering laws, anti-terrorist financing laws, anti-trust laws, competition laws and human rights laws of any country or jurisdiction. 
The User shall not participate in other forms of misconduct, including, but not limited to, fraud, collusion, coercion and facilitating payments in connection with any transaction or matter associated with its relationship to the Dealer; provided, however, in case of facilitating payments, if the User shall make facilitating payments for avoiding threat on certain person’s life, body, safety or freedom ,or such facilitating payment is proved as lawful by applicable laws and regulations or documents issued by government authority, such User may make facilitating payments by providing the report recording the accurate fact and truth of such payment. 
The User shall not conduct any act or omission which constitutes unfair discrimination, human trafficking, child labor, forced labor, prostitution, organ trade and slavery, servitude, debt bondage, deceptive recruitment and shall not make any business relationship with any person or third party which conducts any of the abovementioned activities. 
The User shall take all necessary actions for the compliance of this Article 29. If the User founds violation or potential risk of violation for any obligation of this Article 29, the User shall promptly notify the Dealer such event. 
In addition to all other rights and remedies herein, if the User is found or reasonably suspected to be in breach of any of the compliance provisions set forth in this Article 29, the Dealer shall have the right to terminate Transactions immediately, unconditionally and without penalty, upon serving the User a written notice of termination. 
 
Article 30. Contract Termination 
In the following cases, the Dealer may immediately terminate Transactions, in whole or in part, without notice or demand. In this case, the User shall be liable for compensation for any loss incurred by the Dealer. 
 the User fails to pay for a Transaction when due; 
 the User fails to accept the subject products delivered by the Dealer (unless entitled to do so under law); 
 any input provided to the Dealer, is wholly or partially false or incomplete; and 
 the User violates these Terms and Conditions or the terms and conditions of an individual Transaction. 
 
Article 31. Warranty disclaimer 
With respect to products subject to Transactions and to the extent permitted by law, the Dealer disclaims all representations and warranties of any kind, express or implied or statutory, including any implied warranty or conditions of merchantability or fitness for any particular purpose.  
 
Article 32. Assignment of Contractual Status etc. 
The User or Dealer may not assign or otherwise dispose of its rights, obligations, or contractual status under these Terms and Conditions to any third party unless the other party has given its prior written consent. 
 
Article 33. Notices 
The Dealer may send notices to the User at the email address the User has provided to the Dealer. Any notice from the Dealer to the User will be deemed to have been received if sent or dispatched to the email address or mailing address provided by the User to the Dealer, and the User may not make any claims against the Dealer for any damage or disadvantage caused by delay or failure to receive any such notice. 
 
Article 34. Force Majeure 
In the event of any natural disaster, war, riot, insurrection, act of terrorism, enactment, amendment, or repeal of laws, regulations, orders, dispositions, or other governmental action by public authority (including trade sanctions), internal labor disputes, material or resource shortages, unavailability of transportation, shipping facilities, port facilities, or communication lines or facilities, default of suppliers, manufacturers, warehouse operators, or carriers used by the Dealer, the spread of epidemic or infectious diseases, or any other event of force majeure, the Dealer’s obligations affected by such event shall be suspended as a matter of course for the duration of the delay caused by the force majeure, and no default shall arise as a result thereof. 
 
Article 35. Severability 
If any provision of these Terms and Conditions, or any part thereof, is held invalid or unenforceable in accordance with laws and regulations, the remaining provisions and portions of these Terms and Conditions shall remain in full force and effect. 
 
Article 36. Entire Agreement 
These Terms and Conditions constitute the entire agreement between the User and the Dealer and supersede any prior agreements regarding the service. 
 
Article 37. Governing Law 
The formation, validity, performance, and interpretation of these Terms and Conditions shall be governed by and enforced in accordance with the laws of New South Wales.  
Any dispute arising out of these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Courts of New South Wales as the court of first instance.