Last updated on 18 December 2020
Account means the account that a Purchaser (or a user authorised by the Purchaser) will need to register for on the Site to submit an Order on the Site in accordance with clauses 1 and 3 of these Terms of Use;
Agreement means the agreement between Komatsu and a Purchaser for the supply of the Goods, comprising of these Terms of Use and Komatsu’s ‘Terms & Conditions – Parts and Service’, a copy of which is located at:
Business Day means a day which is not a Saturday, Sunday or a public holiday in New Zealand;
Claim means any claim made (whether in the form of an allegation, demand, suit, action or other proceeding of any kind) under or in connection with these Terms of Use or its subject matter, whether arising under contract (including under any warranty or indemnity or any other breach, actual or anticipatory), in equity, in restitution, negligence or any other tort, strict liability, under statute or otherwise at all;
Confirmation of Order means Komatsu’s email to You, in which Your Order is accepted;
Consequential Loss means all loss of actual or anticipated profit, loss of use, loss of productivity, loss of revenue, business interruption of any nature, loss of contracts, loss of opportunity, increased costs and expenses, wasted expenditure, loss arising from delay, loss by reason of shutdown or non-operation or increased cost of borrowing capital or financing, loss of business reputation or goodwill and all special, indirect and consequential losses whether caused by or contributed to by a breach of contract or statute, breach of warranty (express or implied), tort, strict liability or any other cause whatsoever;
Defect or defective means those Goods which do not comply with OEM specifications, or which are faulty, materially non-conforming, inoperable, unsafe or not operating properly;
Delivery means the process in clause 6 of these Terms of Use;
Delivery Fee means any charges the Purchaser is liable to have the Goods delivered to the nominated address;
Delivery Address means the address nominated by the Purchaser (or the user authorised by the Purchaser) for the Goods to be delivered;
Goods means the parts, components, products, fluids, oils or other parts ordered on the Site;
GST has the meaning specified in the Goods and Services Tax Act 1985, at the rate prevailing from time to time, and has the same meaning when used herein;
KCSC means Komatsu’s Customer Support Centre;
Komatsu or Us means Komatsu New Zealand, a branch of Komatsu Australia Pty Ltd (ABN 71 143 476 626), a company incorporated in Australia;
Order means the order submitted by You to the Site to purchase Goods;
Purchaser means the entity placing an order for the Goods;
Site means the “Komatsu Online” website located at:
mykomatsu.co.nz; and
You means the Purchaser (and including the user who has been authorised by the Purchaser to establish an Account on the Site) and Your has a corresponding meaning.
Komatsu will only accept the return of any Goods in accordance with its then current Credit and Return Policy.
(a) the replacement of Goods or the supply of equivalent Goods;
(b) the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
(c) the payment of the cost of having the Goods repaired; or
(d) the repair of the Goods.
14.1 Severability: If any provision of these Terms of Use is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms of Use will not be affected.