Read these terms and conditions (“Terms”) carefully before using this site
This website, http://marookaparts.com, (the “Site”) is owned and managed by Equipment Direct Inc (“EQD” “we” “us”). The following Terms and Conditions apply when a User accesses and uses this Site.
1. Use of this Site and Acceptance
This Site is provided to you free of charge for your personal use subject to these Terms.
By registering/ accessing the Site, the user who intends to order /has ordered for Morooka machineries or parts (“you” “User” “Customer”) is deemed to have accepted the following Terms and Conditions of this Agreement (collectively, the “agreement”) in their entirety. You agree to be bound by these website Terms and Conditions of Use, all applicable laws and regulations. If you are using the site on behalf of a Company, you represent that you have the required authority to bind the Company to these Terms and Conditions. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree to any of these Terms you must stop using the Site. All orders and purchases made on this Site will also be governed by these Terms and will be between you and EQD.
THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS
You need not register with the site to make a request for information or a quote. However, in order to view the machine information page and access fully other features of the site, and place an order through this site, you will have to register with the site. You must be 18 years of age or older; and submit a valid email address during the registration process.
By electing to register; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) You will not create more than one personal profile: (d) If we disable your account, you will not create another one without our permission.
If required to enter a password then anypassword chosen by you is known only to you. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account by any third party.
3. Products and Prices
This site provides you information about the various Morooka equipments, parts, machine information and particulars of used carriers available for sale as well as for rent.
The prices payable for the items that you order may be ascertained using our “Request a Quote” or “Inquiry forms” on the parts/machines pages or email us at firstname.lastname@example.org. You can also get the details by calling the phone numbers provided on our site. If, by mistake, we under-price an item in the quote, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are in US$ and are expressed inclusive of export Duty but exclude any local taxes and customs fees that may be payable.
If there is a problem with your order in terms of availability of the goods or our ability to deliver a particular item, we shall contact you by telephone or notify you through email as soon as reasonably practicable.
If the goods that you ordered are not available, we reserve the right to substitute goods of a similar specification and quality.
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. By dispatching the goods (and not before), a contract is established between you and us. If we decline to supply goods and payment has already been taken from your credit or debit card, we shall credit your credit or debit card with the payment received by us, within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered.
6. Delivery and Acceptance
Delivery will be made to the address specified by you on the completed order form. Once the equipments/parts/carriers (“goods”)are delivered to you, they will be held at your risk and we will not be liable for their loss or destruction.
All deliveries are by third party carriers. If you are not able to take delivery of the products, depending on the carrier used, your goods will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redeliver the goods to your address. Any storage charges will be charged to you.
Once the goods are delivered to you, you have 7 working days to inspect the goods. If you do not inspect the goods within 7 days and the goods are damaged, or we shipped you the wrong product etc, you will not be eligible for replacement.
We shall use our best endeavours to secure delivery within 30 days of your order but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
If you order items with different availability dates, we will hold all the items until the last item is delivered. You may however choose to have each item delivered separately and we reserve the right to charge you a delivery charge each time.
If our couriers cannot deliver the goods, you will be contacted by both us and the couriers to arrange a re-delivery or pick up.
If you do not respond and the items are returned to us, you may be subject to a charge. If the items need re-delivering there will also be a re-delivery charge.
You have the right to cancel your order any time after placing the order and return the goods within 7 days after the day following the delivery by contacting us and sending an email to: email@example.com. If the goods have already been dispatched at the date of receipt of your cancellation of the order you must return the goods to us in accordance with paragraph 7 below and we will credit your credit or debit card with the amount paid by you within 30 days beginning with the day on which notice of cancellation was given and after the returned goods are received by us.
If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the goods. This does not affect your statutory rights.
8. Damaged goods / products with factory defect / returns;
If you want to return goods for any reason, this should be done within 7 days from the date of delivery. In all cases you first must contact us (firstname.lastname@example.org), before you arrange the return of the article, to get approval for this. Please add the invoice number in your email.
Please note that we cannot process the credit of the article without this approval.
We cannot be responsible for returned goods that we have not received. We therefore advise you to send the package insured, and ask for proof of delivery.
Where goods, which have no product fault, are returned, you will be refunded after inspection, if the goods are returned in the original packaging and are in exactly the same condition as how you received them from us. You will not be refunded for shipping costs in either direction.
If you receive goods that do not match your order, please e-mail us with the invoice number, a brief description of the problem and 2 clear photos of suitable size via email@example.com. We will then, if desired, send a replacement item. We are responsible for the return costs of the incorrect goods.
If you receive goods that are defective (factory error) or damaged during shipping, please e-mail us with a brief description of the problem and 2 clear photos of suitable size. We may ask you to destroy the defective / damaged goods.
In all the above cases, you should contact us via firstname.lastname@example.orgM
You can purchase or rent any of the equipments, parts, carriers through this site. All purchase or rental payments are to be made upfront. You can pay by check, bank ACH or wire transfer. You can also pay using American Express, Mastercard,Discover or Visa credit cards.
A separate detailed rental agreement has to be executed for all rentals.
Credit card payments are accepted online directly by Intuit payment processing service using an emailed link provided on our invoice. Your credit-debit card details are entered directly from your computer and will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for access to this payment system will be given by providing a link with your invoice at the time of order.
10. Intellectual Property
The content of this Site is protected by copyright, trademarks and other intellectual property rights.
You may retrieve and display the content of this Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network); or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Site without written permission from us.
No licence is granted to you in these Terms to use any trade mark of Morooka.
We offer the manufacturer specified warranty for all equipments/parts/carriers sold by us.
The Warranty period starts from the date on your invoice. There will be no exceptions.
Within your warranty we offer a warranty on manufacturing and material defects.
Once the goods are delivered to your home you have 7 days from the day of delivery to inspect any damage to the goods. Any damage reported after 7 days from the day of delivery will not be covered by our Guarantee.
The Guarantee does not apply when a product / part failure is due to regular wear-and-tear. This means that, serviceable parts are not covered by the warranty unless stated otherwise.
The Warranty will solely be valid if the product(s) are maintained and used in accordance with our instructions / manual and advice. I.e. that intentional damage, damage caused due to poor maintenance, damage due to improper use, damage by adjusting the product, damage by modification, damage due to extreme weather conditions, your Warranty will expire with immediate effect. This warranty does not affect your statutory rights. If any of the provisions above are contrary to any relevant legislation, then that provision shall be deemed to be excluded from the warranty and the rest of the provision(s) will apply.
Except the warranty provided herein, Equipment Direct Incdoes not provide any other express or implied warranty of any kind including warranties of merchantability, or non-infringement of intellectual property. In no event shall Equipment Direct Inc.be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the goods purchased from us.
You are advised that Content may include technical inaccuracies, discrepancies in the charts / tables / information provided or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The content provided is subject to changes with time and may not be up to current date as machine models are modified. There are also differences in models of machine as they are produced in different countries to different specifications.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via email@example.com of the problem within 7 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 30 days of the original delivery date-indication, we shall have no liability to you unless you notify us in mail (firstname.lastname@example.org) of the problem within 40 days of the date on which the goods original delivery date.
If you notify a problem to us under this condition, our only obligation will be, at your option:
To make good any shortage or non-delivery;
To replace or repair any goods that are damaged or defective; or
To refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Site.
Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence or shall affect or exclude your statutory rights where it would be unlawful to do so.
14. Third Party Websites
This Site includes links to other web sites or material which are beyond its control. Equipment Direct Inc is not responsible for content on the Internet or World Wide Web pages, or any other site outside this Site.Equipment Direct Inc. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this site or any hyperlinked site or featured in any banner or other advertising, if any.
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
Equipment Direct Inc reserves the right to modify/revise these Terms & Condition at any time without prior notice. A notification of the changes made may be displayed on the website. User is responsible for reviewing these Terms on each occasion that you revisit the site and if you place any order after changes are made to the Terms, you are deemed to have accepted them.
A person who is not a party to these Terms shall have no right to enforce any term of this document; but this shall not affect any right or remedy of a third party which exists or is available apart from that law.
Accepting an order for supply of goods is subject to export control laws and regulations of the country from which the goods are exported. . You agree to comply with all such export laws and regulations.
Force Majeure: We or our Affiliates shall not be responsible for failure or delay in delivery of the product or performance caused on account of war, hostility or sabotage, act of God, electrical, internet or telecommunication outage, government restrictions, earthquake, storms or other elements of nature, blockages, embargoes, riots, or other events beyond our reasonable control. If such force majeure event continues for more than 30 days, either of us may cancel the order upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the goods.
17. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Alaska, USAwithout regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Alaska, the laws, rules and regulations of Alaska shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Customer hereby consents to personal jurisdiction of Local Court of AnchorgeAlaska.
All disputes arising out of or in connection with these Terms and Conditionsor the goods supplied by us shall be finally settled by binding arbitration under the rules of American Arbitration Act. The place of arbitration shall beAnchorage,Alaska.
18. Contact Us
This Site is owned and operated by Equipment Direct Inc.,Suite 425, 13232 N McKinley Way, Willow, AK, 99688 USA.
If you have an order query or require any clarification regarding these Terms and Conditions, you can contact us by sending a mail to the above address; or
through Email: email@example.com or