Terms & Conditions

Returns Policy

• All returns are subject to a 15% restocking fee.
• Claims not accepted unless arrival is effected at the given address within 14 days.
• Kanga does not accept returns or exchanges on electrical items.
• Kanga will not refund due to change of mind. If you are unsure that the part will suit your loader model please call 1300 4 KANGA to confirm prior to purchase.
• If you order a part that is not suitable for your loader, we are happy to exchange at the customers freight expense.

Shipping Policy

Kanga Loaders Global Pty Ltd  uses Australia Post as a preferred method of shipping.The cost of freight through Australia Post will automatically appear in the shopping cart once address details have been filled in. The freight prices are determined by the weight of your shipment and your delivery address.  Please keep in mind that delivery is available to business and private addresses only, no PO boxes. Parts ordered from the Kanga store will require a signature upon delivery, so please ensure you provide an address that will be manned during business hours.

Kanga Loaders Global Pty Ltd strives for excellence by providing exceptional customer service. All products listed are fast moving items, therefore we will make sure that these parts are always available. If for some unforeseen reason a particular product is unavailable, we will contact you immediately after we receive the order and discuss alternative methods, such as refund, an alternative item, or to be listed on back order. We trust that our descriptions are accurate, and thorough enough to guide you to the correct part for your loader, however if for some reason you are unsure about a part and it’s compatibility with your loader, please call 1300 4 KANGA to get in touch with your nearest Kanga spare parts interpreter. The representative will be happy to discuss your requirements, and provide professional solutions.

IMPORTANT INFORMATION

1. These Catalogue Terms set out the terms of use for this Catalogue by any Customer.
2. Before reading this Catalogue, or selecting or using a Product, it is important that these Catalogue Terms be read carefully. Please direct any questions regarding these Catalogue Terms to your Kanga Representative.
3. DEFINITIONS
   1. In these Catalogue Terms, the following terms have the following meanings: ‘Australian Consumer Law’ means Schedule 2 to the Competition and Consumer Act 2010 (Cth);

‘Catalogue’ means Kanga’s products and services catalogue made available on the Kanga Website or any other electronic format;

‘Catalogue Terms’ means the terms and conditions set out herein;

‘Customer’ means any person or entity using this Catalogue, and you or your have a corresponding meaning;

‘Dealer Network’ means any or all (as the context requires) of Kanga’s authorised dealers or representatives, subcontractors or contractors.

‘Kanga’ means Kanga Loaders Global Pty Ltd (ABN 14 087 977 660), a wholly owned subsidiary of Digga Australia Pty Ltd (ABN 86 010 443 875), and any other wholly owned subsidiaries of that entity;

‘Kanga Representative’ means any sales representative employed by Kanga;

‘Kanga Website’ means the website hosted at the domain name kangaloader.com, or any other entity owned domain name;

‘Loss’ means any loss (including loss of profit and loss of expected profit), diminution in value or deficiency of any kind whether indirect, consequential or otherwise, including but not limited to direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits;

‘Products’ means:

                (a) All kinds of movable property (including but not limited to any Kanga Product) displayed or in any way referred to (directly or indirectly) in this Catalogue; and

                (b) Any services of any kind referred to (directly or indirectly) in this Catalogue;

2. DISCLAIMER
   1. Subject to clause 5.2, the information in this Catalogue, including text and graphics, are provided “as is” by Kanga solely as a convenience to its Customers without warranty or condition of any kind, either express or implied, including but not limited to, and to the extent permitted by law, implied warranties concerning merchantability, reliability, availability, fitness for a particular purpose or non-infringement.
   2. Kanga and its Dealer Network make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, Products and related graphics contained in this Catalogue for any purpose.
   3. To the maximum extent permitted by law in no event shall Kanga or its Dealer Network be liable for any loss arising out of or in any way connected with:
   4. (a) The use of this Catalogue (including in relation to errors or omissions in this Catalogue or other documents which are referenced by this Catalogue);
   5. (b) The use or performance of Kanga Products, the provision of or failure to provide services; or (c) Any information, Products and related graphics obtained through this Catalogue, whether based on contract, tort, negligence, strict liability or otherwise, even if Kanga or any of its Dealer Network has been advised of the possibility of damages. If the Customer is dissatisfied with any portion of this Catalogue, their sole and exclusive remedy is to discontinue using this Catalogue.
3. CUSTOMER ACKNOWLEDGEMENTS
   The Customer acknowledges and agrees that it is aware that
   • (a) By accessing this Catalogue in any form and on each separate occasion, you have had an opportunity to read and are bound by the current version of these Catalogue Terms;
   • (b) You acknowledge that Kanga (or its licensors) owns all legal rights, title and interest in and to the Kanga Website and Catalogue, the content contained in the Kanga Website and the Catalogue (to the extent applicable), and nothing in these Catalogue Terms derogate from or constitute a transfer or assignment of any intellectual property rights by Kanga (or its licensors);
   • (c) Whilst we take reasonable care in preparing this Catalogue, it could include technical or other inaccuracies (including but not limited to typographical errors);
   • (D) This Catalogue provides Product options for further investigation by customers having technical expertise with respect to the use of such Products;
   • (E) It is the responsibility of the Customer to thoroughly analyse all aspects of the Customer’s application and to review the information concerning the Products in this Catalogue;
   • (F) Due to the diversity of possible applications, the Customer is solely responsible for making the final selection of the Product(s) to be used and to assure that all performance, safety and warning requirements of the Product are met;
   • (G) Not all Products referenced herein are available in all areas;
   • (H) Kanga may change the Products and other information described in this Catalogue at any time;
   • (I)  Changes are periodically added to the information set out in this Catalogue;
   • (J) They should contact their local Kanga Representative for further information before relying on any information in the Catalogue
   • (K) Improper selection or improper use of the Products referred to in this Catalogue can result in death, personal injury and/or property damage;
   • (L) Due to continuous product improvement, the Product specifications as stated in this catalogue are subject to change by Kanga at any time without any notice. The Customer should consult a Kanga Representative for detailed information and to determine any changes in the information in this catalogue;
   • (M) The inclusion of a Product in this Catalogue does not constitute or imply endorsement by Kanga;
   • (N) To the extent the Catalogue on the Kanga Website may contain any links to sites maintained by other organisations (Third Party Websites), Kanga does not sponsor, guarantee or approve, nor does it take any responsibility for the content or functionality of those Third Party Websites;
   •  (O) In order to improve the Catalogue Kanga may use cookies to gather data in relation to your use of the Catalogue, and Kanga may collect, store, disclose and share non-personal information about you in accordance with our Privacy Policy;
   • (P) You will not reproduce (whether in part or whole, and in any form) the Catalogue, including on your website or in your promotional materials, without Kanga’s (or our licensors’) prior written consent; and
   • (Q) Your purchase of a Product (if any) will be subject to Kanga’s standard terms and conditions, which are separate from these Catalogue Use Terms. You can obtain a copy of our standard terms and conditions from your Kanga Representative.
4. NO WARRANTY CONCERNING WEBSITE USE
   1. Subject to clause 5, except as provided in these Website Terms, all express and, to the extent permitted by law, implied warranties, guarantees and conditions under statute or general law as to:
      (a) Merchantability, description, quality, suitability or fitness of the Products for any purpose; or
      (b) Design, assembly, installation, materials, workmanship or otherwise, are expressly excluded.
   2. To the extent permitted by law, Kanga Loaders is not liable for physical or financial injury, Loss or damage of any kind arising out of the Customer’s use of this Catalogue.
5. KANGA LOADERS PRODUCT WARRANTY
   1. Despite clauses 4.1 and 4.2, the sale of Kanga Loaders Products may be subject to:
      (a) Limited warranties as specified within Kanga Loaders’ standard terms and conditions of sale;
      (b) As applicable for the particular transaction, certain statutory warranties under the Australian Consumer Law or similar foreign legislation (depending on the jurisdiction in which the Kanga Loaders Products are purchased).
   2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
   3. We recommend you peruse Kanga’s standard terms and conditions of sale of Kanga Products for further details. The Customer should contact a Kanga Representative for a copy of these standard terms for perusal if desired.
6. INDEMNITY
   1. The Customer agrees to:-
      (a) Immediately release and forever discharge; and
      (b) Irrevocably indemnify and agrees to keep indemnified,
      Kanga Loaders, its directors, Suppliers, representatives, related entities, successors and assigns (Indemnified Parties) from and against any and all Loss and liability, debts, costs, expenses, damages, causes of action, actions, suits, claims, demands and legal proceedings whatsoever, whether legal, equitable or statutory, and whether present, future or contingent, howsoever arising out of or connected with the Customer’s use of this Website.
   2. The Customer shall pay any and all costs, damages and expenses, including, without limitation, reasonable legal fees and costs awarded against or otherwise incurred by the Indemnified Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding referred to above.
7. SEVERABILITY
   1. If a provision of these Website Terms is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Website Terms or is contrary to public policy.
8. GOVERNING LAW & JUSRISDICTION
   1. These Catalogue Terms are governed by and construed in accordance with the laws of Queensland, Australia.
   2. Each party irrevocably:
      (a) Submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating to these Catalogue Terms; and
      (b) Waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within clause 8.2(a).
   3. If a provision of these Catalogue Terms is illegal, invalid, unenforceable or void in a jurisdiction, it is severed for that jurisdiction and the remainder of these Website Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
9. ENTIRE AGREEMENT
   1. Subject to clause 9.2, these Catalogue Terms:
      (a) Is the entire agreement and understanding between the parties about the subject matter of these Catalogue Terms; and
      (b) Supersedes any prior agreement, understanding and negotiations on anything connected with that subject matter.
   2. Kanga products are sold subject to Kanga’s Terms and Conditions of Sale available on their website as may be updated from time to time, and otherwise provided at or around the time of sale.