Grizzly Engineering Pty. Ltd.

ABN 19 006 093 027

In these terms of sale, “we” means Grizzly LTD (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

In these terms of sale, “website” means all Grizzly Discs communication and sale websites particularly www.GrizzlyDiscs.com.au

The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. 

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to merchant facility that will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.”

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The description and price of the goods you order will be as shown on the website at the time you place your order.

Product images are for illustrative purposes only and may differ from the actual product.

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

In addition to the price of the products, you will have to pay a delivery charge, which will be as stated when you pay for the product.

Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

Payment for all products must be made by PayPal OR any method detailed on the website from time to time.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.

For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.

You warrant to us that:

(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;

(b) the information provided in your order is accurate and complete; and

(c) you will be able to accept delivery of the products.

We will arrange for the products to be delivered to the address for delivery indicated in your order. Each item will be subject to “Signed on Receipt” 

We will use reasonable endeavours to deliver products on the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date.

 We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our order confirmation.

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

(a) delivery of the products; and

(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).

Until ownership of the products has passed to you, you will possess the products as our fiduciary agent and bailee, and if you are a business customer you must store the products separately from other goods and ensure that the products are clearly identifiable as belonging to us.

We will be entitled to recover payment for the products even where ownership has not passed to you.

Each item purchased comes with an automatic guarantee that they will work or do what you asked for.

If the products or services don’t meet this guarantee, you can claim a ‘remedy’ (such as a repair, replacement, refund, or compensation).

In short, it’s your responsibility to ensure you select the correct item, replacements or refunds will not be provided if you simply change your mind after the item is purchased. 

If the item is faulty (we do apologise) and will replace or refund the item but it is at your expense to return the item to us.

We do apply the Golden Rule (Treat others how you would like to be treated), simply send us an email or give us a call, if you make an incorrect purchase and the item has not yet been sent we can cancel the contract and you are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. 

We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(a) any event which is beyond our reasonable control;

(b) the unavailability of raw materials, components or products; and/or

(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

Nothing in the terms of sale will:(a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.]

If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

If you are a business customer, our aggregate liability to you under the terms of sale will not exceed the greater of: (a) [amount]; and (b) the total amount paid and payable by you to us under the terms of sale.]

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.

If you are a business customer, we may cancel a contract to supply products made under these terms of sale if:

(a) you cease to trade;

(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

Upon the cancellation of a contract in accordance

(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c) all the other provisions of these terms of sale will cease to have an effect, will survive termination and have effect indefinitely.

These terms of sale do not constitute or contain any assignment or license of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

We do not store credit card details nor do we share customer details with any 3rd parties. Our merchant provider is Stripe to read more about stripe please goto: www.stripe.com

We will treat all your personal information that we collect in connection with your order in accordance with the terms of Ecommerce Regulations and the Companies Act 2006; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [15]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

Like many other Australian icons of ingenuity, the Grizzly plough was founded on need.

Country people with the will to construct a better offset disc plough established the Grizzly name in the early 1980’s.

In 1983, a unique three gang, tandem offset disc design was patented and released.

This innovative Grizzly plough provided complete ploughing out (no unworked ridges), less working draught, elimination of side draught and longer disc life. Other new features, at that time, included.

Strong customer service, a 12 month warranty policy and reliable field service are elements which contribute to the Grizzly brand.  Grizzly continue to utilise technological advances to enhance their range to include lower power requirements, significant fuel savings, reduced stress on components, reduced maintenance costs, and greater operator control allowing effortless adjustments for better performance.

Grizzly has earned a reputation of uncompromising strength, performance and reliability.  Each model is designed with in built durability, accuracy, efficiency and easy operation for sustainable farming practices.

Grizzly is renowned for innovation with their design and continued investment into research and development as an essential role in the success of the company’s product range.  The health and safety of the end user is a strong focus on the design of the products, with Grizzly being quality assured to ISO9001:2015 per Australian standards.

The company has a very successful and loyal dealer network throughout Australia.  All dealers are backed by Grizzly training, technical support and rapid delivery parts replacement anywhere in Australia.

Customer feedback is encouraged and utilised in the company for future products and innovation via a strong presence at national field days and an interactive website.