1. Definitions

Capitalised in this Agreement have the following meanings:

1.1 ALES means All Lift Equipment Sales Pty Limited ABN 31 632 720 006, its successors and assigns or any person acting on behalf of & with the

authority of it.

1.2 Claim includes any claim, notice, demand, debt, account, action, expense, cost, lien, liability, proceeding, litigation (including legal costs) investigation

or judgment of any nature, whether known or unknown and whether arising by way of indemnity, statute, contract, in tort (including negligence or for breach of statutory duty) or on any other basis in equity or law.

1.3 Goods means all goods or services supplied by ALES to You at Your request as described in the Invoice.

1.4 Invoice means any and all invoices, quotations, or any other work authorisation forms provided by ALES to You.

1.5 You means the person/s or entity/s buying the Goods as specified in the Invoice and, if there is more than one, is a reference to each person or entity jointly and severally and includes Your successors and permitted assigns.

2. The agreement between You and ALES

2.1 These terms and conditions, together with any Invoice, set out the term of the agreement between You and ALES (Agreement).

2.2 Any order or request by You for the provision of Goods which purports to include terms not expressly included in the Agreement is of no effect and

the order or request, and any provision of Goods, is deemed to be on the basis of this Agreement.

2.3 You are deemed to have accepted the terms of this Agreement if You place an order for, or accept delivery of, any Goods.

3. Price and payment

3.1 The Price payable by You for the Goods is as set out in the Invoice (Price) and must be paid in full prior to the Goods leaving ALES’s possession or control.

3.2 Any quote provided by ALES is, subject to clause 3.3, valid for the period stated in any quotation provided by ALES or, if no period is stated, for a

period of thirty (30) days.

3.3 You may make any payment under this Agreement by cash, cheque, bank cheque, electronic/on-line banking or credit card.

3.4 Receipt by ALES of any form of payment other than cash will not be treated as payment until that form of payment has been honoured, cleared or

recognised and the funds are freely available to ALES.

3.5 Unless otherwise expressly stated the Price does not include GST.

3.6 You must pay to ALES, as an additional payment, an amount equal to any GST ALES is required to pay for a supply by ALES under this Agreement and any other taxes and duties that may be applicable to the Goods at the same time and manner as You pay the Price.

4. Delivery of Goods

4.1 Subject to clause 4.2, delivery of the Goods is taken to occur at the time that You or Your nominated carrier takes possession of the Goods at ALES’s

premises (Delivery Time).

4.2 If You request ALES to leave Goods outside ALES’s premises for collection, such Goods will be left at Your sole risk, and delivery is taken to occur at

the time the Goods are left outside by ALES.

4.3 Unless otherwise agreed by ALES in writing, the cost of delivery of Goods to You is in addition to the Price.

4.4 ALES may deliver the Goods or make the Goods available to You in separate instalments. Each instalment must be paid in accordance with this

Agreement and any Invoice issued for that instalment.

4.5 Any time or date for delivery given by ALES to You is an estimate only. You must still accept delivery of the Goods even if late and ALES will not be

liable for any Claims as a result of the delivery being late.

5. Risk and title in Goods

5.1 Risk in the Goods passes to You on the Delivery Time and You must insure the Goods on or before the Delivery Time.

5.2 Ownership of the Goods will not pass to You until ALES has received all amounts owing in accordance with this Agreement.

5.3 You accept sole liability for any approvals or licences required to own, use or operate the Goods.

6. Inspection and return of Goods

6.1 You must inspect the Goods upon delivery and must:

(a) within twenty-four hours of the Delivery Time, notify ALES in writing of any defect or damage, shortage in quantity, or any other error in

connection with the Goods; and

(b) allow ALES to inspect the Goods.

6.2 Returns for Goods will only be accepted by ALES if:

(a) You have complied with this clause 6;

(b) ALES has agreed that the Goods are defective;

(d) the Goods are returned in the same condition as that in which they were delivered.

7. Used Goods

7.1 In the case of used Goods, you acknowledge and agree that:

(a) You have had full opportunity to inspect the used Goods prior to entering into this Agreement;

(b) You accept the Goods with all faults and in the condition as at the Delivery Time;

(d) ALES has agreed to provide You with the used Goods and calculated the Price of the used Goods in reliance on this clause 7.

8. Liability

8.1 Subject to clause 8.2, and except as expressly provided to the contrary in this Agreement, all guarantees, terms, conditions, warranties,

undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Agreement or the Goods are

excluded to the maximum extent permitted by law.

8.2 Nothing in this Agreement excludes, restricts or modifies any guarantee, term, condition, warranty, undertaking, inducement or representation

implied or imposed by any legislation (including the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010

(Cth)) which cannot by lawfully excluded, restricted or modified (Non Excluded Guarantees).

8.3 To the maximum extent permitted by law, ALES’s liability for breach of a Non-Excluded Guarantee is limited (at ALES’s discretion) to:

(a) in the case of goods, the repair or replacement of the goods or the supply of substitute goods (or the cost of doing so); or

(b) in the case of services, the re-supplying of the services or the payment of the cost of having the services re-supplied.

8.4 To the maximum extent permitted by law and despite any other clause of this Agreement:

(a) ALES’s maximum aggregate liability for all Claims in connection with this Agreement or the Goods, is limited to the Price; and

(b) ALES will not be liable to You for any Claim for consequential, indirect or special loss or damage, loss of actual or anticipated profits or revenue,

loss of business, business interruption, amounts that You are liable to Your customers for, or any loss suffered by third parties in connection with this

Agreement or the Goods.

9. General

9.1 The failure by ALES to enforce any provision of this Agreement will not be treated as a waiver of that provision, nor will it affect ALES’s right to

subsequently enforce that provision.

9.2 If any provision of this Agreement is or is deemed to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the

remaining provisions will not be affected, prejudiced or impaired.

9.3 This Agreement is governed by the laws of the state of New South Wales and is subject to the jurisdiction of the courts in that state.

9.4 ALES may license or sub-contract all or any part of its rights and obligations under this Agreement without Your consent.

9.5 No variation of this agreement is effective unless made in writing and signed by each party.

9.6 The contents of this Agreement constitute the entire agreement between the parties in relation to its subject matter and supersede any prior

negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Agreement,

whether orally or in writing.

9.7 You may not assign or encumber a right or interest under the Agreement without the prior written consent of ALES (in its discretion).

9.8 In this Agreement:

(a) ‘including’ and ‘includes’ (and any other similar expressions) are not words of limitation;

(b) a word that is derived from a defined word has a corresponding meaning;

All Lift Equipment Sales - Terms & Conditions of Sale

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