Terms & Conditions

Please read these terms and conditions carefully before using our agricultural machinery services. These terms govern your relationship with AgriGear Direct GmbH and outline your rights and obligations.

Last Updated: December 15, 2024

These Terms and Conditions ("Terms") govern your use of AgriGear Direct GmbH's website and services related to agricultural machinery. By using our services, you agree to be bound by these Terms. These terms are legally binding and constitute a contract between you and AgriGear Direct GmbH.

These Terms apply to all users of our website, customers, and anyone who interacts with our agricultural machinery services, regardless of their location. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Acceptance of Terms

By accessing and using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.

Your continued use of our services after any changes to these Terms constitutes acceptance of the modified terms. We recommend reviewing these Terms periodically to stay informed about your rights and obligations.

If you are using our services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Services Description

AgriGear Direct GmbH provides comprehensive agricultural machinery services worldwide:

  • Equipment Sourcing: Global sourcing of used agricultural machinery from trusted suppliers
  • Quality Inspection: German-quality inspection and refurbishment of all equipment
  • Equipment Sales: Sale of used tractors, harvesters, implements, and irrigation systems
  • Worldwide Shipping: International logistics, customs clearance, and delivery services
  • Financing Solutions: Equipment financing, leasing, and payment processing options
  • Technical Support: Expert consultation, maintenance advice, and troubleshooting
  • Warranty Services: Comprehensive warranty coverage and after-sales support
  • Parts Supply: Genuine and aftermarket parts for agricultural machinery
  • Trade-In Services: Equipment evaluation and trade-in programs
  • Custom Solutions: Specialized equipment modifications and custom builds

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice.

3. User Responsibilities

As a user of our services, you agree to the following responsibilities and obligations:

  • Accurate Information: Provide accurate, complete, and up-to-date information in all communications and transactions
  • Legal Compliance: Comply with all applicable local, national, and international laws and regulations
  • Lawful Use: Use our services for lawful purposes only and not for any illegal or unauthorized activities
  • Account Security: Maintain the security of your account credentials and notify us immediately of any unauthorized access
  • Intellectual Property: Respect our intellectual property rights and those of third parties
  • Equipment Care: Use purchased equipment in accordance with manufacturer guidelines and safety standards
  • Payment Obligations: Pay all amounts due in a timely manner and in the currency specified
  • Communication: Respond promptly to our communications regarding orders, deliveries, and support requests
  • Insurance: Maintain appropriate insurance coverage for equipment during ownership
  • Export Compliance: Comply with all export control laws and regulations when applicable

Failure to comply with these responsibilities may result in suspension or termination of your access to our services.

4. Payment Terms

Payment terms and conditions for our agricultural machinery services:

  • Currency: All prices are quoted in USD unless otherwise specified in writing
  • Payment Methods: We accept major credit cards, bank transfers, and financing arrangements
  • Payment Terms: Payment is due upon order confirmation unless financing is arranged
  • Financing Options: Equipment financing and leasing available through our partner institutions
  • Late Payments: Late payments may incur interest charges of 1.5% per month on outstanding balances
  • Taxes and Duties: All applicable taxes, duties, and import fees are the responsibility of the buyer
  • Currency Fluctuations: Prices are subject to change due to currency fluctuations and market conditions
  • Payment Security: All payments are processed through secure, encrypted payment gateways
  • Refund Policy: Refunds are processed according to our return policy and may be subject to restocking fees
  • Disputed Charges: Any payment disputes must be reported within 30 days of the transaction

We reserve the right to require advance payment or security deposits for certain transactions or customers.

5. Shipping and Delivery

Shipping and delivery terms for international agricultural machinery:

  • Delivery Times: Vary by location, equipment type, and customs processing (typically 2-8 weeks)
  • Shipping Costs: Calculated based on destination, equipment size, weight, and shipping method
  • Customs and Duties: All import duties, taxes, and customs fees are the responsibility of the buyer
  • Delivery Inspection: Equipment must be thoroughly inspected upon delivery and any damage reported immediately
  • Damage Claims: Must be reported within 24 hours of delivery with photographic evidence
  • Installation Services: Available at additional cost through our network of certified technicians
  • Delivery Coordination: We coordinate with local customs brokers and delivery partners
  • Storage Options: Temporary storage available at destination ports for delayed pickup
  • Insurance Coverage: Equipment is insured during transit, but additional coverage may be recommended
  • Delivery Documentation: All necessary documentation provided for customs clearance and delivery

Delivery dates are estimates and may be affected by customs delays, weather conditions, or other factors beyond our control.

6. Warranty and Returns

Warranty and return policies for agricultural machinery:

  • Standard Warranty: All equipment comes with a minimum 6-month refurbishment warranty
  • Extended Warranty: Additional warranty coverage available for 12, 24, or 36 months
  • Return Window: Returns must be requested within 30 days of delivery with valid reason
  • Return Condition: Equipment must be in original condition, properly packaged, and undamaged
  • Restocking Fees: 15% restocking fee applies to returns, plus shipping costs
  • Warranty Exclusions: Normal wear and tear, misuse, unauthorized modifications, and consumable parts
  • Warranty Claims: Must be reported within warranty period with detailed description of issue
  • Parts Warranty: Genuine parts carry manufacturer warranty, aftermarket parts have 90-day warranty
  • Service Coverage: Warranty includes parts and labor for covered repairs
  • Warranty Transfer: Warranty is transferable to subsequent owners with proper documentation

Warranty terms may vary by equipment type and manufacturer. Specific warranty details are provided with each purchase.

7. Intellectual Property

All content on our website, including text, images, logos, and software, is the property of AgriGear Direct and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written consent.

8. Limitation of Liability

AgriGear Direct shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of our services. Our total liability shall not exceed the amount paid for the specific service in question.

9. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Termination

We may terminate or suspend your access to our services at any time, with or without cause, with or without notice. Upon termination, your right to use our services will cease immediately.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Hamburg, Germany.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

13. Equipment Specifications and Quality Standards

All equipment sold by AgriGear Direct meets our stringent quality standards:

  • Quality Inspection: Every piece of equipment undergoes thorough German-quality inspection
  • Refurbishment Standards: Equipment is refurbished to meet or exceed original specifications
  • Documentation: Complete service history and maintenance records provided when available
  • Performance Testing: Equipment is tested to ensure proper functionality before sale
  • Safety Compliance: All equipment meets applicable safety standards and regulations
  • Parts Quality: Only genuine or high-quality aftermarket parts used in refurbishment
  • Condition Assessment: Detailed condition reports provided for all equipment
  • Age Verification: Equipment age and usage verified through multiple sources

While we strive for accuracy in equipment descriptions, specifications may vary slightly from published information.

14. Financing and Leasing Terms

Financing and leasing options are available through our partner institutions:

  • Credit Approval: Subject to credit approval and financial verification
  • Interest Rates: Competitive rates based on creditworthiness and equipment type
  • Down Payment: Typically 10-30% down payment required depending on equipment value
  • Loan Terms: Flexible terms from 12 to 84 months based on equipment type
  • Early Payoff: No prepayment penalties for early loan payoff
  • Insurance Requirements: Equipment insurance required during financing period
  • Late Payment Fees: Late payment fees apply as specified in financing agreement
  • Default Consequences: Default may result in equipment repossession and additional fees

Financing terms are subject to change and final approval by our lending partners.

15. Technical Support and Service Terms

Our technical support and service offerings include:

  • Pre-Sale Consultation: Expert advice on equipment selection and specifications
  • Installation Support: Installation guidance and on-site support available
  • Troubleshooting: Remote and on-site troubleshooting for equipment issues
  • Maintenance Guidance: Preventive maintenance schedules and procedures
  • Parts Support: Assistance with parts identification and sourcing
  • Training Services: Operator training and safety instruction available
  • Emergency Support: 24/7 emergency support for critical equipment failures
  • Service Network: Access to our global network of certified technicians

Technical support is included with warranty coverage. Additional support services may incur charges.

16. Dispute Resolution and Arbitration

In the event of disputes, we follow a structured resolution process:

  • Direct Negotiation: First attempt to resolve disputes through direct communication
  • Mediation: Professional mediation services available for unresolved disputes
  • Arbitration: Binding arbitration in Hamburg, Germany under German law
  • Class Action Waiver: Individual arbitration required, class actions not permitted
  • Arbitration Costs: Costs shared equally unless arbitrator determines otherwise
  • Appeal Rights: Limited appeal rights as specified in arbitration agreement
  • Enforcement: Arbitration awards enforceable in courts of competent jurisdiction

By using our services, you agree to resolve disputes through this process rather than litigation.

17. Force Majeure and Unforeseen Circumstances

We shall not be liable for delays or failures due to circumstances beyond our reasonable control:

  • Natural Disasters: Earthquakes, floods, hurricanes, and other natural events
  • Government Actions: Changes in laws, regulations, or government restrictions
  • Supply Chain Issues: Delays in equipment availability or parts supply
  • Transportation Disruptions: Shipping delays, port closures, or customs issues
  • Labor Disputes: Strikes, work stoppages, or labor shortages
  • Technical Failures: System outages, cyber attacks, or technical problems
  • Pandemic/Epidemic: Health emergencies affecting operations or supply chains

In such circumstances, we will make reasonable efforts to minimize delays and keep you informed.

18. Data Protection and Privacy

Your privacy and data protection are governed by our comprehensive Privacy Policy:

  • Data Collection: Collection of personal and business information for service provision
  • Data Usage: Use of data for equipment sales, support, and business operations
  • Data Sharing: Limited sharing with trusted partners for service delivery
  • Data Security: Implementation of appropriate technical and organizational measures
  • User Rights: Your rights under GDPR and other applicable data protection laws
  • Data Retention: Retention periods for different types of information
  • International Transfers: Cross-border data transfers with appropriate safeguards
  • Breach Notification: Procedures for data breach notification and response

Our complete Privacy Policy is available at agrigeardirect.com/privacy and is incorporated into these Terms by reference.

19. Severability and Waiver

Legal provisions regarding the enforceability of these Terms:

  • Severability: If any provision is found unenforceable, remaining provisions remain in effect
  • Waiver: Failure to enforce any provision does not constitute a waiver of rights
  • Modification: No oral modifications to these Terms are binding
  • Entire Agreement: These Terms constitute the complete agreement between parties
  • Survival: Certain provisions survive termination of the agreement
  • Interpretation: Terms interpreted in accordance with German law and principles

Any waiver must be in writing and signed by an authorized representative of AgriGear Direct GmbH.

20. Contact Information

If you have any questions about these Terms, please contact us:

Legal Department: legal@agrigeardirect.com

General Inquiries: info@agrigeardirect.com

Phone: +49 40 5729 0308

Fax: +49 40 5729 0309

Address: AgriGear Direct GmbH, Kleine Reichenstrasse 1, 20457 Hamburg, Germany

Business Hours: Monday - Friday, 8:00 AM - 6:00 PM CET

For urgent legal matters, please contact our legal department directly. We will respond to all inquiries within 48 hours.