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Terms Of Sale

Online Forklift Sales - General Terms and Conditions of Sale

The following terms and conditions shall apply to each agreement for the sale of Goods and/or the supply of
Services:-
1.Definitions
a."Seller" shall mean Online Forklift Sales and its subsidiaries, associates, and related companies along
with their respective successors and assigns.
b."Buyer" shall mean the Buyer named on any quotation, invoice, service agreement, or any other
documentation produced in relation to an agreement for the supply of Goods and/or Services, or any
person acting on behalf of and with the authority of the Buyer.
c."Price" shall mean the cost of the Goods/Services as agreed between the Seller and the Buyer subject to
clause 4 herein.
d."Goods" shall mean all Goods supplied by the Seller to the Buyer or ordered by the Buyer but not yet
supplied and includes Goods described on any quotation, invoice, service agreement, or any other
document supplied by the Seller.
e."Third Party Equipment" shall mean any equipment other than that supplied by the Seller.
f."Services" shall mean all Services supplied by the Seller to the Buyer including Services described on any
quotation, invoice, service agreement, or any other document supplied by the Seller.
2.Jurisdiction
a.All transactions shall be governed by and construed in accordance with the laws of the State of South
Australia.
b.Should any dispute arise between the Buyer and the Seller, both parties agree to submit to the exclusive 
jurisdiction of the Courts of the State of South Australia.
3.Offer and Acceptance
a.Any request from the Buyer to the Seller for the supply of Goods/Services however made shall constitute
acceptance of the terms and conditions contained herein.
b.All quotations and or orders are subject to acceptance by the Seller's CEO.
c.Where more than one Buyer has entered into an agreement with the Seller for the supply of
Goods/Services, all Buyers shall be jointly and severally liable for all payments of the Price.
d.The terms and conditions contained herein constitute the entire agreement between the Buyer and the
Seller and shall prevail over any terms and conditions presented to the Seller by the Buyer.
e.These terms become binding upon acceptance, and may thereafter only be altered or revoked with the
written consent of the Seller.
f.Any changes to the Buyer's details, including name, address, telephone, email, or any changes in
ownership structure of the Buyer requires written notice of (10) days.
4.Price
a.The Price will be determined by the Seller's quotation, invoices, service agreement, or any other
documentation provided by the Seller to the Buyer.
b.The Seller's quoted price will be binding upon the Seller for a period of fourteen (14) days after the date of
the quotation.
c.In the event that the Buyer has entered into an arrangement, or received a quotation for finance, the Seller
shall not be liable for interest rate fluctuations which may affect the overall price.
d.Any variation from the original agreed works or specifications may affect the Price, and any such
variations to the Price will be agreed between the Seller and the Buyer in writing. Payment for all
variations must be made in full at the time of their completion.

5.Payment Terms
a.Where a credit facility has been granted, the Buyer agrees to pay all amounts on or before the due date as
stated on the invoice.
b.In the absence of a credit facility being granted, payment in full for all Goods/Services will be due and
payable to the Seller upon delivery.
c.At the Seller's sole discretion, a deposit may be required before the supply of any Goods or Services.
d.Payment will be made by cash, cheque, credit card, direct deposit, or by any other method as may be
agreed between the Buyer and the Seller.
e.All applicable merchant fees for credit card payments, and bank fees for processing of overseas payments
shall be added to the price.

5. Payment Terms
a. Payment is required to be paid in full to the seller for all goods/services prior to pickup.
b. Payment will be made by Cash, Credit Card, Direct Deposit, Bank cheque/Money Order only.
c. All applicable merchant fees for credit card payments, and bank fees for processing of overseas payments shall be added to the price.

6. Delivery
a. It is the responsibility of the byer to organise and arrange the collection of goods from the location/s advised on the sellers website.
b. Should the Seller fail to deliver all or part of the Goods, the Seller shall not be liable for any loss or damage incurred by the Buyer, or any of the Buyer’s agents, customers, related companies, or contractors.
7.Notification of Defects / Returns
a.The Buyer shall inspect the Goods upon delivery and notify the Seller within forty eight (48) hours of any
alleged defects, or failure to fulfil the quotation.
b.Should the Buyer fail to give such notification, the Goods will be deemed to be in compliance with those
ordered, and free from any defects whatsoever.
c.Refunds will only be issued on Goods if they are returned within fourteen (14) days of despatch and are
undamaged in original packaging.
d.No refunds will be accepted for specialty built Goods or spare parts ordered that are not items usually
stocked by the Seller.
e.In the event that the Seller issues a refund, a restocking fee of $21.95 or 20% of the value of the Goods,
whichever is the greater, may be charged by the seller which shall be payable by the Buyer irrespective of
whether or not replacement goods are supplied.
8.Warranties
a.Goods not manufactured by the Seller are supplied to the Buyer on an "as is" basis without warranty of
any kind. The Seller shall assign the Buyer, in so far as it is able to do so, the benefit of any condition,
warranty or guarantee, express or implied, in the Seller's contract with its own supplier.
b.Where the Seller has agreed in writing that the Buyer is entitled to claim under warranty, the Seller's
liability is limited to, at the Seller's discretion, replacing or repairing the Goods.
c.The Seller accepts no responsibility for any Third Party Equipment which may prevent or impair proper
functionality of the Goods
d.The Seller accepts no responsibility for loss or damage to the Buyer, financial or otherwise, arising from a
delay in the time taken for the Seller to replace or repair any Goods covered by the warranty.
9.Conditions of Warranty
a. The Seller's warranty will not be applicable in a situation where;
•The Buyer has failed to follow instructions supplied by the Seller in relation to proper use of the Goods
•The Goods have been used by any operator who does not hold the appropriate licence to do so.
•The Goods have been used in a manner other than their original intended use.
•The Goods continue to be used after any fault or defect has become known to the Buyer, or would have become 
known to a reasonable person.
•The defect or fault has occurred from reasonable wear and tear in use.
•The defect or fault has occurred as a result of circumstances beyond the control of either the Buyer or
the Seller.
b. The warranty will become void if any maintenance or alteration is made to the Goods without the Seller's 
knowledge and consent.
10.Registered Security
The Buyer hereby charges in favor of the Seller all of the Buyer's estate and interest in any land and in any other
assets, whether tangible or intangible, in which the Buyer now has any legal or beneficial interest or in which the
Buyer later acquires any such interest, with payment of all monies owed by the Buyer, and consents to the 
lodging  by the Seller of a caveat or caveats which note its interest in that real property.
11.Default
a.The Buyer hereby agrees that if the Buyer should:-
•As an individual, commit an act of bankruptcy; or
•As a company, pass a resolution for winding up or have a summons to wind up issued against it; or
•Become subject to any form of external administration; or
•Enter into an arrangement regarding outstanding payment with any of its creditors; or
•Allow any invoice to remain in arrears for a period of over thirty (30) days;
all monies currently owed to the Seller shall become due and payable immediately, and the Seller shall have 
the right to terminate the supply of Goods and Services to the Buyer.
b.Should the Buyer fail to pay any invoice when due, the Buyer will be responsible for any additional costs
associated with recovery of all outstanding amounts, including but not limited to the costs of a solicitor,
and any cost incurred by the Seller to its nominated collection agency.
c.Interest on overdue accounts may be charged at a rate not exceeding the prevailing bank overdraft rate and
the Buyer expressly undertakes to pay all such interest.
d The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised
its rights under this clause.
12.Retention of Title
a:Ownership, Property, and Title in all Goods shall remain vested in the Seller until the Buyer has paid all
monies owing to the Seller for all Goods/Services provided
b:The Goods shall be kept separate and clearly identifiable as property of the Seller until such time as title in
the Goods passes to the Buyer. 
c:The Seller may request in writing that the Buyer return the Goods or any part of them at any time before title in the
Goods has passed to the Buyer.
d:Should the Buyer fail to return the Goods to the Seller upon request, the Seller, without prejudice to any of
its other rights and remedies under this agreement, reserves the right of entry to the Buyer's premises or
any other premises where the Goods may be stored, by its servants or agents for the purpose of recovering
or re selling the Goods, and any cost incurred as a result of such action will be the responsibility of the
Buyer.
13.Risk
a.Notwithstanding retention of title as specified in clause 12 hereof, all risk passes to the Buyer upon
delivery.
b.Should any of the Seller's Goods become damaged, lost, stolen, or destroyed prior to title in
the Goods passing to the Buyer, the Buyer shall be responsible for any cost incurred by the Seller 
for the repair or replacement of the Goods.
14.Cancellation
a.The Seller may cancel delivery of Goods/Services at any time before delivery by giving written notice to
the Buyer of not less than five (5) working days.
b.The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
c.At the Seller's sole discretion, the Buyer may cancel delivery of any Goods by giving written notice of not
less than five (5) working days to the Seller.
d.In the event that the Buyer cancels delivery of Goods or Services, the Buyer shall be liable for any costs
incurred by the Seller up to the time of cancellation, including but not limited to any re stocking fees
incurred by the Seller, and the Buyer may forfeit any deposits paid.
e.In the event that the Buyer requests any modifications or additions (special build) to product or requests
spare parts be specifically ordered ("the Goods") and subsequently the Buyer cancels the order, the Buyer
shall be responsible for;
•any costs incurred by the Seller to restore the Goods to their original condition; and or
•any loss incurred by the Seller in disposing of such Goods
15.Limitation of Liability.
a.The liability of the Seller to the Buyer for any reason related to the performance of the Goods/Services
under this agreement shall be limited to the amount paid or payable by the Buyer to the Seller for such
Goods/Services.
b.The Seller accepts no liability for spare parts ordered which are unsuitable due to modifications made by
the Buyer to any Goods.
c.The Seller accepts no liability for any direct, indirect, special, consequential, or any other loss or damage
to any person or property arising as a result of the Buyer failing to follow any instruction given by the
Seller relating to operation of the Goods.
16.Privacy Act 1988
a.The Buyer hereby gives consent to the Seller obtaining a credit report containing commercial or consumer
credit in relation to the Buyer. (Section 18K (1) (h) Privacy Act 1988).
b.The Buyer agrees that Individual Data provided may be used and retained by the Seller for the following
purposes and for other purposes as agreed to between the Buyer and Seller or required by law from time to
time:
•Provision of Goods/Services
•Marketing of Goods/Services by the Seller, its agents, distributors, or contractors.
•Assessing the credit worthiness of the buyer in relation to extending credit.
•Exchanging of information with a credit reporting agency or trade reference named by the Buyer.
•Processing of any payment instructions, direct debit facilities and/or credit facilities requested by buyer.
•Collection of amounts outstanding in the Buyer's account by the Seller's nominated Collection agent or solicitor.
17.The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
The warranties, conditions, rights and remedies of the Buyer as outlined in the Commonwealth Trade Practices Act
 1974 and the relevant Fair Trading Act of South Australia are not intended to be compromised as a result of
 anything contained in these terms and conditions, except to the degree permitted by those Acts.
18.General
a.The Seller assumes no responsibility for changes in the laws of South Australia, or the Commonwealth of
Australia which may affect the supply of Goods/Services.
b.The Seller may sub-contract part or all of its obligations under this agreement without the Buyer's consent.
c.The Seller reserves the right to review these terms and conditions at any time, and if any changes are deemed 
necessary, the Buyer will be advised of such changes upon them being made and they shall
thereupon immediately become binding upon the Buyer.
d.The granting by the Seller of any indulgence to the Buyer, including but not limited to payment extensions,
shall not constitute a waiver of any of the Terms and Conditions contained herein, and shall not prevent
subsequent enforcement of any of these Terms and Conditions
e.Neither the Seller nor the Buyer shall be liable for any breach of any provisions of any contract arising
from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of either
party.
f.If any Terms or Conditions contained in this document are found to be unenforceable for reasons of
invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.

Contact Us

Phone: 0407 758 103
Email: Click Here

45 Healey Road
Dandenong South VIC 3175, Australia

Online Forklift Sales