The Digger King Warranty And Terms Of Sale

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

A. General Scope of Coverage. The Digger King Pty Ltd warrants to the first registered owner that The Digger King 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 The Digger King Pty Ltd. The Digger King 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 Digger King 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 and rubber tracks.

The jockey wheel is covered for the first 14 days only.  All jockey wheels are brand new, fit for purpose according to the weight of the trailer, and lift to fit a standard vehicle. If, after that time, you damage your jockey wheel, or your jockey wheel does not lift high enough to get onto your vehicle, you will be responsible for replacing your jockey wheel at your expense.  Jockey wheels can be purchased from trailer part retailers such as Super Cheap Autos.

C. What is Not Warranted (Exclusions)?

Pursuant to the terms of this warranty, The Digger King 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 Digger King 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, rubber tracks and clutch linings, track rollers, track gears and moving parts in the track system, 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, rubber tracks, 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 diggers 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 Digger King Pty Ltd or by a Digger King Pty Ltd authorized representative unless with the express written permission of Digger King Pty Ltd. Digger King Pty Ltd will repair or replace the item at their discretion.
   3. Digger King Pty Ltd takes no responsibility for any losses of income, or another nature occurred while any digger warranty issue is being warranted and/or repaired.
   4. Digger King Pty Ltd takes no responsibility for your success or lack thereof in the digger operator/hire business. We sell you the digger only as agreed and outlined on your invoice. We make no claims on what you will or will not earn as a digger 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 diggers 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. 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 trailer is part of running a business and should be expected during the warranty period and as ongoing maintenance for your business.

   8. Please note: Tracks loosening and tracks coming off is part of operating a digger, this will happen from time to time; it depends on the experience of the owner, the terrain, and the job you’re doing.  It is quite common for a track to pop off, no matter what brand of excavator you are using.  It is particularly common in the hire industry where inexperienced operators are using the machines.

      Under no circumstances is Digger King liable for repairs, losses, or refitment of tracks. As a machine owner, you have been supplied instructions demonstrating how to refit tracks to your machine, and it is your responsibility to do so.

      Of course, we offer you phone support, but under no circumstances will Digger King pay for a mechanic or repairman to come to site and put your tracks back on if while operating the machine you have managed to pop the track off.

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. Digger King 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 Digger King Pty Ltd sales to the purchaser, and Digger King 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 Digger King Pty Ltd. Dealers, distributors, and other third parties have no authority to make any warranty, representation, condition or promise on behalf of Digger King 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 workshop@diggerking.com.au and cc in office@diggerking.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. Digger King 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. Digger King 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. Digger King 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  Digger King 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 Digger King 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, Digger King’s loss is limited and does not cover any other damages including any items stored on the trailer.