TERMS OF PAYMENT

A 50% deposit is required for all orders. An order will not be started until the deposit has been received. Another 40% is due prior to shipping. The balance of 10% is due upon arrival in Australian port prior to delivery. Deposits are non-refundable if the order is cancelled after production begins. If a cancellation request is received before production has started on an item, a refund can be issued at the discretion of the representative showroom manager. Order acknowledgements are final and are not subject to cancellation. All delivery times promised are based on receipt of deposit.

MASS, WEIGHT, PERFORMANCE ETC.

Documents on offers and order confirmations such as illustrations, weight specifications, dimensions, performance, model, type, a piece of equipment’s battery life, as well as on the length and extent of any prior use of used equipment etc are only approximate. They are therefore non-binding as long as they are not explicitly guaranteed in the order confirmation or in an additional written agreement.

PACKAGING

Our goods are, if so agreed or necessary according to our evaluation, packaged according to commercial standards and at the expense of the buyer. Defects in packaging cannot be claimed against us, if packaging was done as is usual with us; the buyer also cannot make any claims on account of any waybill notices such as “delivered insufficiently packaged” or “delivered without packaging” made by the carrier.

DELIVERY

DELIVERY FEES: 

Delivery fees and times vary for different products and are calculated based on the size and weight of your order and its destination. We will send you an email to let you know when your item has been dispatched by us or if we anticipate delays.

If delivery of an order will result in unacceptably high freight charges, we reserve the right to contact you to request further shipping fees or to cancel an order prior to dispatch. lf we cancel your order in these circumstances we will issue a full refund to you.

ln the unlikely event that a product is unavailable, we reserve the right to cancel your order prior to dispatch. We will contact you as soon as possible to let you know.

Risk in the products passes to you on commencement of delivery. We do not accept liability for any loss, theft or damage to the products after delivery.

DELIVERY METHODS & LOCATIONS: 

We work with a number of delivery partners and courier companies in order to deliver nationwide; in some cases this may be handed to a third party to ensure remote areas can be accommodated. Your order will be delivered to the delivery address provided by you Delivery is to a ground floor; if the delivery is in a multi-story building the delivery company will not travel past the ground floor front door.

We reserve the right to refuse delivery to specific locations for items we deem at high risk of loss or damage, and also areas that are inaccessible with standard courier and delivery services. ln this case, you may choose to have an item delivered using your own couriers, in which case all insurance for loss or damage to the order caused by the delivery will be your responsibility.

You agree to pay any shipping and handling charges presented to you at the time you make a purchase.

We deliver most products Australia-wide. ln some cases, we will only be able to deliver products in metropolitan areas. This information will be shown on the product listing. We are not able to accept orders for international delivery at this time.

DELIVERY FAILURE: 

lt is important that you verify your information is correct before placing your order, especially your delivery address. lf the address provided is incorrect and the package is returned, you will be billed for the additional shipping charges in order for your delivery to reach you. You agree to this by placing an order with us, we reserve the right to pass on applicable charges to you if you
provide wrong address information.

DELIVERY TIMES AND DELIVERY OBSTACLES

The delivery times presented are to be considered approximates. They are not binding for us. If in exceptional cases a binding delivery time has been agreed upon, it begins with the date of the order confirmation, but not before clarification of all details of implementation.  In the event of unforeseen obstacles, which have occurred against our will and which we, despite the diligence due to the particular situation, could not avoid – no matter if taking place at our or a pre-supplier’s site – such as breakdown, delay in the supply of raw materials and spare parts, pandemic/virus outbreak, war etc. we have the right to withdraw from the supply contract or to extend the delivery time by the length the obstacle requires. These same rights are conferred to us in the case of strikes or lockouts on our premises, or on the premises of our sub- or pre-suppliers as well as at the transport company. We will immediately inform our customer of such circumstances.

RETURNS

Please note we do not offer refunds for change of mind returns

WRONG ITEM DELIVERED

lf you have received an incorrect item, let us know as soon as you can, ideally within 3 business days of receiving your delivery. We will offer to send you the correct item and arrange for the pick up and return of the incorrectly shipped item at no cost to you.

COMPLAINTS AND WARRANTIES

Brand-new equipment

Complaints are to be made immediately and will not be accepted if not presented within 2 weeks of delivery. This is especially valid for defects concerning the external condition and completeness of a delivery. Only those defects which even after careful checking could not be determined within this time-frame can be claimed after the 2-week deadline. However, such a claim must be made promptly within 2 weeks of the defect being discovered. No complaint is valid 6 months after the day the goods left the place of dispatch or after 100 operating hours, if the 6-month deadline has already past. Defects that are the result of normal use or improper use are exempt from this warranty. Furthermore the warranty extends only to the first procurer and expires upon resale by the same. The purchase of equipment from us by a retailer does not count as a primary purchase. We must have the opportunity to determine the claimed defect on the spot ourselves or via a representative. Without our explicit approval the faulty element cannot be changed in any way without loss of warranty. However, we assume responsibility for unusable parts when they can be proven to be the result of errors in production or materials. In this instance we can choose to either replace the damaged parts, which are to be sent to us or to another location carriage paid and free of charge according to our instructions, or replace them with another part free of charge. We have the right to remedy the damage through a workshop named by us or on the spot by a mechanic sent by us. When spare parts, replaced within the warranty and inserted by a mechanic or workshop chosen by us are delivered free of charge, we also carry the work and travel-time expenses for the mechanic, while any travel expenses (e.g. plane, car, train or taxi) are carried by the buyer. Right to nullification of the sale, depreciation or compensation in any form, especially lost profits or refunds of costs to the buyer arising directly or indirectly through acceptance, use or failure of faulty equipment is unacceptable. Warranty claims fall under the statute of limitations one month after rejection of the complaint by us. 

Used Equipment

Used equipment is sold in the state it was in at the closing of the contract or on the agreed delivery date. The buyer has the right and is given the opportunity to examine and test the goods before finalising the contract or before delivery. If he or his representative accepts the goods without complaint, he is accepting the goods in their state at transfer as fulfilling the contract. The same holds if he or his representative – no matter the reason – make only partial or no use of the powers conceded. The above agreement for used equipment is valid as long as we have not agreed upon a warranty for the piece of equipment in question. These warranty terms and conditions are as follows:

WARRANTY TERMS AND CONDITIONS

As long as no regulations are decided upon in the warranty agreement, the following warranty terms and conditions apply

Warranty contents 

1. The seller/warrantor provides a warranty for the buyer which encompasses the functional capacity of the parts for the agreed warranty period . The warranty encompasses all parts belonging to the equipment described in the purchase contract, except for parts which are subject to a lot of normal wear and tear, such as tyre material, hard rubber tyres, clutch linings, brake pads, brake discs, brake drums, light bulbs, batteries (three months after delivery of the equipment), hoses, relays, breaker contacts, gas and shock absorbers. Small leakages which do not interfere with functionality are not covered by this warranty. Any software updates also are not part of this warranty.
   
   
2. If a part loses its functionality within the warranty period directly and not as a result of a fault in a part with no warranty, the buyer can claim the necessary and expert repair through replacement or restoration of the part. This warranty does not give reasons for claims on annulment (rescission of a purchasing contract) or depreciation (lowering the purchasing price) In the case of bigger warranty-dependent damages the seller retains the right to take back the damaged piece of equipment. In the case of retraction, the purchasing price is refunded. For the duration of use we charge a monthly rent of 10% of the purchasing price (no more than 600% and for no longer than 3 months).
   
   
3. Repairs that fall under the warranty include testing, measurement and calibration work if it should be necessary in connection with repair of warranty damage, but not including wearing parts or commodities stipulated by the manufacturer. We are not liable for indirect or direct subsequent losses (e.g. transport costs, holding fees, towing fees, disposal costs, compensation for loss of use, secondary damage to parts without warranty).
   
   
4. The warranty is valid only for the delivery address stated on the purchasing contract. In the case of a change in location any additional travel costs will be added.
5. This Warranty is not transferable.
   
   

WARRANTY EXCLUSION

This Warranty will not apply if:

(a) Product is damaged caused by accidents, improper, wilful or malicious actions, misappropriation, especially theft, unapproved use, robbery and embezzlement, in the case of indirect effects of storm, hail, lightning strikes, earthquakes or flooding as well as scorching. Fire or explosions, through acts of war of any type, civil war, civil unrest, strike, lockout, confiscation or other sovereign interventions with foreign or accessory parts, which were not authorised by the supplier.

(b) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or unsuitable operating fluids or used with inappropriate accessories.

(c) The product is interfered with in any way including but not limited to a third party.

CONSEQUENCES OF A BREACH OF DUTY

If the buyer breaches one of the duties for which he is responsible, the seller is free of any obligation to perform contained in the given warranty.

REPAIRS

We provide a 6-month warranty for repairs. Assignments given verbally face-to-face or over the telephone must be confirmed in writing by the buyer. If there is no written confirmation our version of the verbal order (face-to-face or over the telephone) is binding. Accounts are settled according to the hourly rates valid at the time. The service technician must receive acknowledgement on the Repair Form presented by him for the amount of time time worked, as well as confirmation of completion and correct execution of the work performed. We cannot assume liability for any spare parts installed by the buyer. The use of a service technician is made according to our choice from one of our service points or if necessary by an outside company commissioned by us. We are not liable for any secondary damage. If repair and warranty repair are carried out at the same time on the same piece of equipment we will bill you for the labour costs and parts accordingly. Overtime surcharges are as follows: 

• First 2–3 hours: 150% of your base rate.
• After the first few hours: 200% of your base rate.
• Sundays: Up to 200% depending on the Award.
• Public Holidays: Often 250% of your base rate.

EXCHANGE

Unfortunately, we do not offer exchanges. 

YOUR CONSUMER RIGHTS

The goods you purchase come with guarantees that cannot be excluded under the Australian Consumer Law. lf your product is faulty, broken or otherwise non-compliant with a consumer guarantee under the Australian Consumer Law please contact us as soon as possible with your name and order number and our customer care team will look after you.

OUR RIGHTS

We reserve the right to refuse a return in cases where we cannot be reasonably satisfied that you purchased the product from us and where we deem damage to a product to be due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions or failure to take reasonable care.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of New South Wales in Australia. The parties submit to the non-exclusive jurisdiction of the courts of that state and courts entitled to hear appeals from those court