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 Digga Representative.
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 Digga’s products and services catalogue made available on the Digga 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; Digga means each of Digga Australia Pty Ltd ABN 86 010 443 875, Digga North America LLC (489DLC-386644), Digga Limited (Registered No. 05617372) and any wholly owned subsidiary of those entities, both jointly and severally; Digga Product means any product manufactured, sold and or available for sale by Digga or its Suppliers; Digga Representative means any sales representative employed by Digga; Digga Website means the website hosted at the domain name, Digga.com; 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 Digga 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;
Suppliers means any of Digga’s suppliers, subcontractors or contractors.
Subject to clause 5.2, the information in this Catalogue, including text and graphics, are provided "as is" by Digga 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.
Digga and/or its Suppliers 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.
To the maximum extent permitted by law in no event shall Digga and/or its Suppliers be liable for any Loss arising out of or in any way connected with:
(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);
(b) The use or performance of Digga 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 Digga or any of its Suppliers 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.
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 Digga (or its licensors) owns all legal rights, title and interest in and to the Digga Website and Catalogue, the content contained in the Digga 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 Digga (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) Digga 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 Digga 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 Digga at any time without any notice. The Customer should consult a Digga 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 Digga;
(n) To the extent the Catalogue on the Digga Website may contain any links to sites maintained by other organisations (Third Party Websites), Digga does not sponsor, guarantee or approve, nor does it take any responsibility for the content or functionality of those Third Party Websites;
(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 Digga’s (or our licensors’) prior written consent; and
(q) Your purchase of a Product (if any) will be subject to Digga’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 Digga Representative.
NO WARRANTY CONCERNING CATALOGUE USE
Subject to clause 5, except as provided in these Catalogue 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.
To the extent permitted by law, Digga is not liable for physical or financial injury, Loss or damage of any kind arising out of the Customer’s use of this Catalogue.
DIGGA PRODUCT WARRANTY
Despite clauses 4.1 and 4.2, the sale of Digga Products may be subject to:
(a) Limited warranties as specified within Digga’s 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 Digga Products are purchased).
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
We recommend you peruse Digga’s standard terms and conditions of sale of Digga Products for further details. The Customer should contact a Digga Representative for a copy of these standard terms for perusal if desired.
The Customer agrees to:-
(a) Immediately release and forever discharge; and
(b) Irrevocably indemnify and agrees to keep indemnified,
Digga, 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 Catalogue.
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.
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 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 Catalogue Terms or is contrary to public policy.
GOVERNING LAW & JUSRISDICTION
These Catalogue Terms are governed by and construed in accordance with the laws of Queensland, Australia.
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).
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 Catalogue Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
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.
Digga products are sold subject to separate terms and conditions which will be provided at or around the time of sale.