1. Prices: If this quotation is not accepted within 30 days from its date the Company (Allied Forklifts Pty Ltd – ABN 66 060 256 377) may vary the price and / or terms of payment for the equipment without notice. If any equipment has been or will be imported by the Company, the Company shall be entitled to charge for any increase in price after the date of this quotation resulting from changes and the purchaser agrees to indemnify the Company in respect of any additional moneys that the Company may have to pay in having the equipment imported into Australia as a result of any increase in the rates of import duty, excise duty, rates of exchange or any other import charges, imposts or taxes occurring after the date of this quotation. After the Company has accepted an order, no variation of the order will be effective unless it is in writing and signed by an authorised officer of each party. Payment is required in full prior to delivery of the equipment.

    2. Delivery: Delivery times quoted are approximate only. The Company shall not be liable for any loss or damage resulting from a delay in delivery nor shall any such delay entitle any party to the agreement arising from the acceptance of this quotation to rescind or terminate the agreement.

    3. Warranty: To the fullest extent permitted by law, the Company gives no warranties or representations as to the equipment and all warranties, expressed or implied, are expressly excluded. The Company will, to the extent possible, pass on the benefit of the warranty of the new equipment manufacturer. Such new equipment warranty is usually for 12 months from delivery or 2000 hours of operation, whichever period expires first, but such warranties do not usually cover: a) Transportation costs between the premises where the equipment is situated and the place where the equipment is rectified; or

    b) Any accessories, which are not products of or are not approved by the manufacturer of the equipment. Failure to properly lubricate and service the equipment in accordance with the maintenance and service manual of the manufacturer of the equipment will render any warranty void.

    4. Service: The Company will at its cost (within the Perth metropolitan area), instruct an operator of the purchaser at the time of delivery in the correct method of operating the equipment and in general maintenance procedure and will, approximately 30 days after the delivery of the equipment or after 100 hours operation, service the equipment if requested to do so the cost of such service being to the account of the purchaser.

    5. Claims: The Company will not accept liability for any loss or damage, whether loss of life, personal injury, damage to property or otherwise, arising wholly or partly or directly or indirectly from the use or misuse of the equipment.

    6. Trade-in Units: Trade in valuations are valid for a period of 30 days. The Company reserves the right to review, alter or amend any issued valuation at any time after the expiry of this period. The valuation of the trade-in includes GST. Should the combination of the negotiation and delivery period exceed 30 days, the valuation of the trade-in may be subject to reappraisal. The purchaser warrants that any trade-in is the purchaser’s own unencumbered property and is not subject to any hire, lease or other credit sales agreement.

    7. The laws of Western Australia shall govern any agreement arising here from the acceptance of this quotation. Any provision of that agreement prohibited by the laws of Western Australia, the Trade Practices Act 1974 (Commonwealth) or any other applicable laws shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of that agreement and that agreement shall be construed so that it shall operate in all respect to the maximum extent that it validly can do so.

    8. GST: Except to the extent that the Company has agreed in writing that the price/rate is GST-inclusive, the customer shall pay to the Company in addition to the price/rate and at the same time it pays to the Company the price/rate any GST payable on any taxable supplies made to the customer under this contract/agreement.

    9. Errors & Omissions: The Company reserves the right to amend this quotation at any time to correct any clerical or typographical errors or omissions.