Terms and conditions

1. Introduction

(a) This website (https://ep-store.au/) (“Site”) is owned and operated by Forkline Trucks GmbH, a company registered in Germany (company registration number n° HRB 106945 and our affiliates (“Forkline”, “we”, “us”, “our”).

(b) The terms and conditions in this document outline the purpose of the Site, our scope of services available through the Site, our respective obligations and responsibilities, and the terms and conditions on which you use the Site.

2. Acceptance of Terms of Use

(a) By accessing, viewing or using the Site (including creating a user account with us) in any manner, you acknowledge and agree that you are bound by the Terms of Use regardless of whether you had actually read or understood the Terms of Use.

(b) If you do not agree to any of the Terms of Use, you should immediately cease to access or use the Site.

(c) We reserve the right to amend or vary the Terms of Use from time to time. When you access or visit the Site each time, you are deemed to have accepted the current Terms of Use.

3. Licence to use the Site

Subject to your compliance with the Terms of Use, we grant you a non-exclusive, revocable and non-transferrable licence to access and use the Site (and its contents) for informational purposes and the purposes for which we provide the Site.

4. Purpose of the Site

The purpose of the Site is to connect our authorised dealers (“Dealers”) with our customers (i.e. the end customers of our equipment branded “EP Equipment”) (“Customers”) and to enable the Customers to request the Dealers for quotations or to place orders with the Dealers.

5. Basic operating principles of the Site

(a) You can select products offered on the Site by clicking the “Add to cart” button. By clicking the “Place binding order” button, you are submitting a binding offer to purchase the products contained in the “shopping” cart. Before submitting the order, you can view and make changes at any time. Before submitting the order, you will be required to read and accept these Terms of Use.

(b) After you have submitted the order, we will send an automatic confirmation of the order via email to you. This confirmation of order merely confirms we have received the order and does not constitute acceptance of the offer.

(c) We will forward your order to the nearest Dealer based on geographical proximity. The Dealer may accept the offer within three working days. If the Dealer accepts the offer, we will send an email to you, on behalf of the Dealer. Each offer that is accepted by the Dealer will be a separate contract between you and the Dealer for the sale of the relevant products to you. If for any reason, the Dealer does not accept the offer or fails to do so within 3 business days, we will notify you by email.

(d) You can also request for a customised quotation using the “request a quotation” option. We will forward your request to the nearest Dealer. The relevant Dealer will contact you to provide a formal quotation.

(e) We will provide your details to the Dealer and to EP Equipment Europe and/or EP Equipment Germany in order to facilitate the potential transaction and order.

6. Prices of the products

Unless otherwise specified on the Site, the prices of the products will be in Australian dollars and the prices will be exclusive of goods and services tax (GST). We reserve the right to change the prices published on the Site at any time. If you have already submitted an order at a particular price, the Dealer will supply the products at that price (unless your order is affected by a pricing error, in which case clause 7 will apply).

7. Errors

While we use our best efforts to ensure that the prices and information on the Site are accurate, we have the right to cancel your order if there are affected by errors (not limited to the prices, description of the products, specifications of the products).

If your order is affected by a genuine error, we reserve the right to cancel your order.

8. Not for resale

You acknowledge and agree that the products purchased will not be re-sold.

9. Product images and use of illustrations

The images, photographs, graphics, and other visual materials displayed on the Site (“Images”) are provided for illustrative purposes only. Accordingly, we do not warrant or represent that the product you receive will be identical in appearance to the Images. Any differences or variations to the actual product do not constitute a defect or non-conformity of the product.

10. Product descriptions and specifications

While we make reasonable efforts to ensure that the description and specifications of the products listed on the Site are accurate and up to date, we do not warrant that any descriptions, specifications, technical data, or other information on the Site are free from errors or omissions. It is your responsibility to verify the information with the Dealer or to request the Dealer to supply up to date information, product specifications or materials in relation to the products.

11. Creating an account

(a) We only permit individuals over 18 years of age to sign up and become users. You must also be representing a business entity and you must have authority to act on behalf of that business entity.

(b) You represent and warrant the truth and accuracy of any information that you provide when you create an account and when you use the Site.

(d) We may in our sole discretion refuse to allow any person to create an account, cancel or suspend an existing account if you do not meet the eligibility criteria in clause 11(a) or if we reasonably believe that your conduct is in breach of the Terms of Use or detrimental to the operation of the Site.

12. Between you and the Dealer

(a) We are not involved in the direct dealings between you and the Dealer after you have submitted an enquiry, request for quotation etc. Our role and the purpose of the Site is to connect you with the Dealer and to facilitate the subsequent discussions (if required). The dealings between you and the Dealer fall outside the Site and we are not privy or responsible for anything arising out of or in connection with the dealings or conduct of the parties.

(b) If you and the Dealer enter into a subsequent agreement or contract, that is a contract between the two parties and we are not a party to the contract. On this basis, we disclaim any liability for anything arising from or in connection with the contract between you and the Dealer including the Dealer’s performance of the contract. We are not involved in or responsible for any work performed by the Dealer or for any representation or statement made by the Dealer to you in the course of your dealings or discussions with the Dealer.

13. Keeping your account safe

(a) If you choose, or you are provided with, a user identification or a username, you must keep such information confidential and secure. You must not disclose your user account details to anyone.

(b) You must comply with our security and password guidelines at all times. You agree that we are not responsible for any unauthorised use of your user account details. If you believe that your user account details have been stolen or your account has been used without your consent, you must change your password immediately and notify us.

14. Restrictions on use

You may use the Site only for lawful purposes and in accordance with the Terms of Use:

(a) not to use the Site in any way that may contravene any law or infringe our intellectual property rights or intellectual property rights of any other person;

(b) not to do anything that may interfere with the proper working of the Site or to cause damage or disruptions to the Site;

(d) not to provide false, misleading or deceptive information to us;

(e) not to engage in any illegal activity or unlawful act using or through the Site;

(f) not to impersonate any person, or misrepresent your identity to us;

(g) not to allow any one to use your user account;

(h) not to copy any contents on the Site without our prior written consent;

(i) not to infringe on our intellectual property rights or that of any other third party.

15. Conduct

You must not do anything on or through the Site so as to interfere with or disrupt our service or other users, or any other user’s computers, software or hardware. Such actions include, but are not limited to propagation of computer worms and viruses, using the Site to gain unauthorised access to any other computer. You must not access, nor permit any other party to access, the Site for any purpose or activity of an illegal, fraudulent or defamatory nature.

16. We are not responsible for viruses

(a) We do not represent or warrant that any files or data obtained from or through the Site are free from viruses, malicious codes, bugs or other defects. Any such files or data are provided on the basis that you bear the risk for any loss, damage or consequence resulting directly or indirectly from your use of those files or data. Our liability for such an event is limited to the resupply of those files or data.

(b) We do not guarantee that the Site will be secure or free from bugs or viruses or any other type of malicious code or software.

17. Service limitations and modifications

We will make reasonable efforts to keep the Site available and fully functional. We do not warrant that the Service will not experience interruptions, unavailability or disruptions from time to time for any reason, including maintenance, testing, upgrades, updates or any other causes beyond our reasonable control. We reserve the right at any time, to modify, disable or discontinue any aspect, function or feature of the Site for any reason that we deem fit, without any liability to you.

18. Intellectual property rights

(a) You acknowledge that all right, title, and interest in and to the Site and its contents are our property (or that of our affiliates or licensors where applicable) or property of our licensors. The Site and its contents are protected by copyright, trademark and other laws of Australia, and other applicable foreign countries.

(b) All trade marks (whether registered or unregistered), graphics, logos, symbols or slogans (collectively the “Trade Marks”) which appear on the Site are our property (or that of our affiliates or licensors where applicable). You must not use the Trade Marks without our prior written consent (or that of our licensor).

(c) Except as permitted by the Copyright Act 1968 (Cth) (or similar copyright laws of applicable foreign countries), the contents (including any graphic or creative materials) of the Site must not be reproduced or copied in any form or by any process, electronic or otherwise, for any purpose whatsoever, without our prior written consent or the relevant copyright owner.

(d) Nothing in the Terms of Use constitutes a transfer of any intellectual property rights from us to you. These Terms of Use also do not grant you any rights to use our trade marks, service marks, logos or any contents unless we have given prior written consent.

(e) Each time you access the Site, we grant you a non-exclusive, worldwide, non-transferrable, revocable and limited license to use the Site. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Site, subject to your compliance with the Terms of Use.

19. No warranties or representations

(a) You understand and agree that the Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation, reliability or availability of the Site. We disclaim all liability arising from your use of the Service and the security or performance of the Site. You agree that you use the Site at your sole risk.

(b) Although we make reasonable efforts to update the information and contents on our Site, we make no representations, warranties or guarantees, whether express or implied, that the information and contents on the Site are accurate, reliable, complete or up-to-date.

20. We are not responsible for any linked websites

If our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

21. Limitation on liability

(a) In no event will we, our affiliates, officers, directors, licensors, employees, agents or service providers be liable for any loss or damage of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, the contents on the Site, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, damage to your device, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

(b) In the event that our Site does not comply with any applicable consumer laws or the Site is not available or experiences any disruptions or technical issues, our liability will be limited, at our option, to one or more of the following:

(i) Use reasonable commercial efforts to remedy the issue with the Site;

(ii) Restore the Site.

(c) If you are dissatisfied with the Site or you have any other dispute or claim against us, you agree that your sole and exclusive remedy is to cease to use the Site.

22. Indemnity

You agree to defend, indemnify and hold us and our affiliates harmless from and against any claims, liabilities, damages, losses, costs and expenses (including legal costs on a solicitor-client basis) arising out of or relating to your breach of any of the Terms of Use, your use of the Site, any activity that you engage on or through the Site and your breach of any law or the rights of any third party.

23. Cookies

We may use cookies in the Site. By using the Service and the Site, you consent to the use of cookies.

24. Termination

(a) Either you or us may cancel or terminate your account at any time for any reason.

(b) Termination of your account does not affect any contract that has been formed between you and the Dealers.

(c) If your account is cancelled or terminated for any reason then you may not without our consent (at our discretion) create any further accounts with us and we may terminate any other accounts you are using or have created in contravention of this clause.

(d) We may delete all your information or personal data from our systems upon the cancellation or we may delete them when we deem they are no longer reasonably required for our legitimate purposes.

25. Notices

(a) Any notices required to be given under the Terms of Use must be given by registered post or by email. Any notice shall be deemed given:

(i) if personally delivered, upon delivery;

(ii) if sent by pre-paid post, 5 days after the date of posting within Australia, or 10 days after the date of posting if posted from outside Australia;

(iii) immediately (provided that if the email was sent after business hours, it will be deemed to be received on the next business day), provided no delivery failure message is received by the sender.

(b) Unless otherwise notified, the address of each party for the purposes of giving notice, is:

(i) Your address provided to us when you create your account;

(ii) Our address as displayed on the Site.

26. Severability

If any of the Terms of Use is or becomes void or unenforceable, that term will be severed and the rest of the terms remain in full force and effect.

27. Applicable law

By using the Site, you agree to the following:

(a) The laws of Victoria and where applicable, the Commonwealth of Australia, govern the Terms of Use.

(b) You unconditionally submit to the exclusive jurisdiction of the courts of Victoria and where applicable, the Commonwealth of Australia, sitting in Victoria.

28. Contact us

If you have any queries or feedback, please send a letter or an email to us:

(a) Postal address:
EP Equipment Australia
17 Crompton Way, Dandenong South
VICTORIA 3175
Australia

(b) Email address: [email protected]