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Terms and Conditions of Sale

  1. Unless otherwise agreed in writing by the seller, the buyer agrees that it will be bound by these terms and conditions. The seller is not bound by any terms and conditions contained in any document issued by the buyer.
  2. Where a written quotation has been given by the seller, the selling price is the price specified in the quotation. Unless otherwise stated, the selling price does not include GST. The seller may at any time change the price to reflect, among other things, changes in exchange rates or the imposition of any duties, levies or taxes and the buyer is bound by those changes. The seller may charge a reasonable handling fee for all orders delivered to the buyer. The buyer must accept any errors or omissions in invoicing and, where applicable, the Buyer must accept the amended pricing and pay the difference within the approved terms of trade.
  3. Unless otherwise agreed in writing by the seller, delivery is at the seller’s premises. If a delivery date is specified, that date is an estimate only and the Seller is not liable for any delay in delivery. Time is not of the essence in relation to delivery and the Buyer must accept delivery and pay for the goods delivered including transport costs, if applicable, even if they are delivered after any specified delivery date.
  4. Unless otherwise agreed, the Buyer must pay for goods or services ordered by the Buyer before supply of goods. The Seller may charge an administration fee for any payments by credit card. Time is not of the essence in respect to the Buyer’s obligation to make a payment for goods or services supplied by the Seller to the Buyer.
  5. The Buyer must pay for goods or services ordered within this contract within 7 business days of signing this contract provided the goods are ready for release by the Seller. The Buyer is liable for any costs the Seller may incur during the period in which the full amount stated in this contract remains unpaid.
  6. Deposits are not refundable unless otherwise agreed in the terms and conditions of this contract.
  7. If the buyer does not make any payment by the due date, commits any other material breach of these terms and conditions, or an insolvency event in respect of the Buyer arises or is reasonably suspected by the Seller, the Seller may (without limiting any other right or claim it may have against the Buyer) do any or all of the following:
    1. Terminate the contract between the Seller and the Buyer and demand immediate payment of any moneys due and outstanding under the contract.
    2. Sell the goods outlined in the contract to any other interested party due to termination of the contract between the Seller and the Buyer.
    3. Enter (at any time) any premises in which the Seller’s goods are stored, to enable the Seller to inspect the goods and to reclaim possession of the goods without liability for the tort of trespass, negligence of payment or payment of any compensation to the Buyer whatsoever.
    4. Lodge a caveat or other similar instrument over any property of the Buyer; or
    5. Institute any recovery process as the Seller in its discretion decides at the Buyer’s cost and expense.
    6. If any part of the invoice is in dispute, the balance will remain payable and must be paid when due. The Buyer has no right to set-off any claim against the Seller from moneys owing to the Seller.
  8. Goods supplied by the Seller to the Buyer are at the Buyer’s risk immediately on delivery, which will constitute advice to the buyer that the goods are available to them for collection or dispatch from the Seller’s premises via the carrier or forwarder agreed with the Buyer.
  9. The Buyer acknowledges that transit insurance is the responsibility of the Buyer.
  10. If the Buyer fails to pay any amount owing to the Seller by the date on which payment is due, the Seller may appoint one or more receivers to the Buyer’s property and undertaking and may do anything that a receiver could do under law.
  11. Property in the goods supplied by the Seller to the Buyer does not pass to the Buyer until those goods have been paid for in full.
  12. The Seller is not liable for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of the goods or services, including (without limitation) any indirect or consequential loss, loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings, arising out of or in connection with the supply of the goods or services, even if due to negligence of the Seller or any of its employees or agents.
  13. The Seller and its employees or agents are acting as consultants, advice is general in nature, therefore the Seller accepts no responsibility or liability for application suitability or forklift specifications matching the Buyer’s needs or the intended workplace of the Buyer.
  14. If any provision of these terms and conditions are unenforceable, illegal or void, that provision is severed and the other provisions of these terms and conditions remain in force.
  15. The Seller may amend or vary these terms and conditions by notifying the Buyer in writing of the amendment or variation.
  16. The laws of Australia apply to all these terms and conditions. The parties irrevocably submit to the jurisdiction of the appropriate court convenient to the Seller in respect of any claims, proceedings or matters arising out of or in respect of these terms and conditions.
  17. The exemptions, limitations, terms and conditions in these terms and conditions shall apply whether or not any loss or damage is caused by negligence or actions constituting fundamental breach of contract.
  18. You:
    1. Acknowledge that you have received, read and understood these terms and conditions of sale and agree to be bound by them.
    2. Acknowledge that any notice from us to you will be deemed to have been given if delivered personally or posted by prepaid post, or by facsimile or email to any of these addresses you have nominated in this contract and receipt will be deemed to have taken place on delivery, or in the normal course of the post, or on issuance of receipt for successful facsimile or email;
    3. Warrant that all information provided to you in connection with this contract is true and correct and not misleading or deceptive.
    4. Warrant that you are duly authorised to sign this contract on behalf of the Buyer.
    5. Acknowledge that any hour reading shown on the goods is indicative only and the Seller does not warrant goods or guarantee the accuracy of same.
  19. This contract is subject to the Buyer paying a minimum deposit of 10% or $1000.00, whichever is greater.
  20. No other conditions verbal or otherwise are being implied by the Seller. The Seller provides no warranty for the goods, unless otherwise specified in writing.
  21. No warranty will be honoured, if machine has been misused or abused. No responsibility by the Seller is given for any dangerous use.
  22. The Buyer agrees that the Seller can use and access their site at any time to take photos of machinery or anything whatsoever for marketing and training purposes.
  23. The Buyer agrees for the Seller to use the Buyer’s provided contact information for 3rd party use. This includes but is not limited to subcontractors, machinery manufacturers, marketing affiliations.
  24. Trade-ins purchased by Mighty Machinery Sales Pty Ltd (MMS), must be in good working order. That is, it must do and operate as it was designed to do, in a condition that is free from any defects as defined by the Australian Standards and Workplace, Health and Safety Standards of Australia. If a trade-in fails to meet this condition, it will not be traded, and MMS will send the machinery back to the owner.
  25. Trade-ins will be purchased separate to any new machinery purchase and paid in full 3 days from date of receiving the machinery, unless condition 24 applies.
  26. Used machinery is sold for rehabilitation, restoration or wrecking purposes only. The Buyer understands the machinery is used and not new and any warranty given in the special conditions of this contract will be void if any work is done on the unit without written consent of the Seller.
  27. SUPERIOR FORCES – The Seller shall be under no liability whatsoever in connection with or as a result of any loss caused by the failure of the company to deliver the goods or otherwise complete its obligations under this agreement by reason of whether wholly or in part or directly or indirectly, any act of God, flood, fire, lightning, storm, tempest, rains, enemy hostilities, seizures, loss at sea, strikes, lockouts or other industrial disturbances, riots, mechanical breakdown, non-delivery or shortage of materials, inability to obtain equipment or material, laws, rules or regulations of a governing body or any other reason outside the control of the company and this clause shall apply whether or not the Seller is able to prevent or overcome the circumstances or events mentioned.
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