Lift Fleet Service Pty Ltd – Terms & Conditions of Trade

1.     Definitions

• “Lift Fleet Service Pty Ltd” means Lift Fleet Service Pty Ltd and/or employees, authorised agents and permitted assigns;

• “Buyer” means a Buyer and/or any agent or assigns of the Buyer;

• “Guarantor” means a person who agrees to be liable for the debts of the Buyer;

• “Goods” includes services incidental to the supply of The goods shall be described on the invoices/quotation/order form as provided by Lift Fleet Service Pty Ltd to the Buyer;

• “Services” includes any incidental supply of goods, advice or recommendations;

• “Price” means the costs of the good as at the date of this

2.     Interpretation

Reference to-

• The singular includes the plural and the plural includes the singular;

• A person includes a body corporate;

• A party includes the parties, directors, agents, executors, administrators, successors and permitted assigns;

• A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible of the preparation of the agreement or the inclusion of the provision in the

3.     Acceptance of Terms and Conditions

• Receipt of instructions by Lift Fleet Service Pty Ltd from the Buyer for the supply of and/or acceptance of goods/services is deemed acceptance of the terms and conditions herein on the part of the buyer;

• These terms and conditions, having been accepted, cannot be rescinded other than as provided for within these terms and conditions and are irrevocable unless by written agreement between the Buyer and Lift Fleet Service Pty Ltd.

4.     Authority

• The Buyer hereby acknowledges that Lift Fleet Service Pty Ltd agents, representatives or employees are NOT authorised to make any representations, statements, assertions or agreements not expressed by Lift Fleet Service Pty Ltd Manager in writing. Lift Fleet Service Pty Ltd is not bound by any such unauthorised

5.     Price

• The price will be the Lift Fleet Service Pty Ltd current price as at the date of delivery of the goods/services;

• The Lift Fleet Service Pty Ltd may alter its prices by reasonable notice to the

6.     Terms of Payment

• Unless otherwise stated, payment is due immediately upon delivery of the goods/services;

• If credit terms are provided by Lift Fleet Service Pty Ltd, payment must be made within 30 days from date of invoice;

• The Lift Fleet Service Pty Ltd may withhold delivery of the goods/services until payment has been received by the Buyer;

• All fees, costs and expenses as agreed between Lift Fleet Service Pty Ltd and the Buyer are exclusive of any amount that Lift Fleet Service Pty Ltd is obliged to charge the Buyer in accordance with GST legislation;

• In the event that the Buyer has not paid the entire purchase price or payment has been dishonoured, Lift Fleet Service Pty Ltd shall be entitled to exercise a lien over the goods the subject of this agreement;

• In the event that payment is not received by Lift Fleet Service Pty Ltd from the Buyer and, the Lift Fleet Service Pty Ltd retains possession or control of the goods and, Lift Fleet Service Pty Ltd has made a demand in writing of the Buyer for payment of the goods, then Lift Fleet Service Pty Ltd may dispose of the goods and may claim from the Buyer the loss to Lift Fleet Service Pty Ltd in such

7.     Delivery of Goods/Services

• Lift Fleet Service Pty Ltd will deliver goods/service to the Buyers nominated address;

• The Buyer shall make all arrangements necessary to take delivery of the goods when they are tendered for delivery;

• Delivery of the goods by Lift Fleet Service Pty Ltd to a carrier either upon the Buyer’s request or at the discretion of Lift Fleet Service Pty Ltd for the purpose of transmission of the goods to the Buyer, is deemed to be delivery of goods to the Buyer;

• The Buyer shall reimburse Lift Fleet Service Pty Ltd for any reasonable costs associated with delivery of the goods by a

• Delivery of the goods to a nominee of the Buyer is deemed to be delivery to the Buyer of the goods for the purpose of this agreement;

• The failure of Lift Fleet Service Pty Ltd to deliver the goods/services is not to be deemed as Lift Fleet Service Pty Ltd repudiation of this contract;

• Provided the quantity of goods delivered by Lift Fleet Service Pty Ltd to the Buyer is within 10% of the quantity ordered, the Buyer shall have no right of termination or damages under the contract, and the price of the goods ordered shall be adjusted pro rata to the

8.     Liability

• All risk for the goods passes to the Buyer on delivery;

• In the event that the goods are damaged or destroyed prior to delivery to the Buyer, Lift Fleet Service Pty Ltd is entitled to receive all insurance proceeds payable for the goods. This applies even if the price has become payable by the Any insurance proceeds can be obtained by Lift Fleet Service Pty Ltd upon the Lift Fleet Service Pty Ltd production of these terms and conditions.

9.     Buyer’s Warranties and Indemnities

• The Buyer authorises Lift Fleet Service Pty Ltd:

• To the extent permitted by law, to collect, retain and use any information about the Buyer;

• To disclose any information obtained by any person for the purposes of delivering goods and/or

  • The Buyer indemnifies Lift Fleet Service Pty Ltd:

• Against any penalty or liability incurred by Lift Fleet Service Pty Ltd for any breach by the Buyer of these terms and conditions;

• Against all actions, claims, demands, losses, damages, costs and expenses which Lift Fleet Service Pty Ltd may sustain or incur or for which Lift Fleet Service Pty Ltd may become liable whether during or after the term of this agreement, by reason of any act or omission or negligence by Lift Fleet Service Pty Ltd and its respective employees or any other authorised

10.   Defective Goods

• The Buyer will, within 7 days of delivery of the goods/services, notify Lift Fleet Service Pty Ltd, in writing, of any defect;

• Upon it notifying Lift Fleet Service Pty Ltd of such defect, the Buyer, within a reasonable time, will afford the Lift Fleet Service Pty Ltd an opportunity to inspect the goods;

• Subsequent to the Lift Fleet Service Pty Ltd inspection of the alleged defective goods/services, Lift Fleet Service Pty Ltd will notify the Buyer in writing whether the Buyer is entitled to reject the goods/services as delivered;

• In the event that the Buyer fails to comply with Clause 10.1, 10.2 and 10.3 the goods/services shall be deemed free from any defect or damage;

• In the event that Lift Fleet Service Pty Ltd agrees, in writing, that the Buyer is entitled to reject the goods/services provided, Lift Fleet Service Pty Ltd liability is limited to either replacing or repairing the goods or services provided that:

• The Buyer has complied with Clauses 1 and 10.2 above;

• The goods are returned to Lift Fleet Service Pty Ltd, at the Buyer’s cost, within 2 days of the Buyer receiving notice from Lift Fleet Service Pty Ltd that the Buyer is entitled to reject such goods;

• The goods are returned in the condition in which they were delivered and with all packaging, and instruction material;

  • Lift Fleet Service Pty Ltd will not be liable to the Buyer for any goods which have not been stored or used in a proper

11.   Lift Fleet Service Pty Ltd Warranty

• The subject of the conditions set out in Part 10 above, Lift Fleet Service Pty Ltd warrants that it will repair or replace any defect in any workmanship manufactured by Lift Fleet Service Pty Ltd which becomes apparent and is reported to Lift Fleet Service Pty Ltd within 3 months of the date of delivery of the goods/services to the Buyer;

• Lift Fleet Service Pty Ltd warranty in Clause 1 above, does not apply if:

• The defect or damage was caused or partly caused by the failure on the part of the Buyer to:

• properly maintain any goods; or

• follow any instructions or guidelines provided by Lift Fleet Service Pty Ltd; or

• any unauthorised use of the goods; or

• the continued use of goods after the Buyer became aware of the defect;

• the defect or damage was caused by fair wear and tear; or

• any other circumstances beyond the control of Lift Fleet Service Pty Ltd

• Lift Fleet Service Pty Ltd shall not be liable for any defect or damage in circumstances where the defect or damage is repaired or altered without the Lift Fleet Service Pty Ltd consent.

• Lift Fleet Service Pty Ltd is not liable to compensate the Buyer for any losses incurred as a result of delay in either replacing or repairing the defect or damage or in assessing the Buyer’s

12.   Goods Not Manufactured by Lift Fleet Service Pty Ltd

• For goods not manufactured by Lift Fleet Service Pty Ltd, Lift Fleet Service Pty Ltd shall be under no liability whatsoever in respect of such goods except for express conditions contained within the manufacturers warranty;

• For such goods referred to in Clause 1, the warranty shall be that specified by the manufacturer of the goods.

13.   Copyright

• Where Lift Fleet Service Pty Ltd produces for the Buyer, drawings and/or design, or other artwork, they will remain the property of Lift Fleet Service Pty Ltd and will be retained by Lift Fleet Service Pty Ltd;

• Where the Buyer has supplied drawings, designs and/or other artwork to Lift Fleet Service Pty Ltd, the Buyer indemnifies Lift Fleet Service Pty Ltd against any claim by a third party for the use, by Lift Fleet Service Pty Ltd, of those designs, drawings and/or other artwork;

• The Buyer warrants that all designs, drawings and other artwork provided to Lift Fleet Service Pty Ltd will not infringe any copyright, patent, registered design or trademark of the Buyer or a third

14.   Default & consequences of Default

• The Buyer agrees to pay all legal costs and disbursements incurred by Lift Fleet Service Pty Ltd, on any invoice or for any of the terms and conditions of this agreement;

• Lift Fleet Service Pty Ltd reserves the right to withhold all action on the Buyer’s behalf or the supply of goods to the Buyer if, at any time, the Buyer is in breach of any obligations contained herein, including those relating to payment. Lift Fleet Service Pty Ltd will not be liable to the Buyer for any loss or damage suffered as a result of Lift Fleet Service Pty Ltd exercising its rights pursuant to this Clause;

• Lift Fleet Service Pty Ltd reserves its rights to charge interest at the rate of 5% per month on all overdue invoices;

• Upon the occurrence of any of the following;

• The Buyer failing to satisfy any payment owing to Lift Fleet Service Pty Ltd; or

• In Lift Fleet Service Pty Ltd opinion, the Buyer will be unable to make payments when they fall due; or

• The Buyer becomes insolvent; or

• The Buyer proposes or enters into an agreement with creditors or makes an assignment of the benefit of its creditors; or

• In respect of the Buyer, a receiver, manager, liquidator or other is appointed, then Lift Fleet Service Pty Ltd may cancel any order or part order of the Buyer remaining unperformed, and all amounts owing by the Buyer to Lift Fleet Service Pty Ltd will immediately become

15.   Title

• Property in the goods/services shall not pass from Lift Fleet Service Pty Ltd to the Buyer until the Buyer has paid all amounts owing to Lift Fleet Service Pty Ltd for the goods/services;

• Until such time as property

• In the event that the Buyer fails to return the goods to Lift Fleet Service Pty Ltd within a reasonable time, Lift Fleet Service Pty Ltd may take possession of the goods, by entering upon and into land premises owned, occupied or used by the Buyer. Lift Fleet Service Pty Ltd will not be liable for any damage or loss caused as a result of taking possession of the goods pursuant to this Clause 2;

• In the event that payment by the Buyer to Lift Fleet Service Pty Ltd for the goods is made in a form other than cash, property in the goods shall not pass to the Buyer until such payment has been honoured, cleared or recognised;

• Whilst property in the goods remains with Lift Fleet Service Pty Ltd, the Buyer shall not charge or grant any interest in the goods to any other person;

• Notwithstanding that ownership of the goods may not have passed to the Buyer, Lift Fleet Service Pty Ltd can commence proceedings to recover payment for the goods.

16.   Security & Charge

• Notwithstanding anything to the contrary contained herein or any other rights which Lift Fleet Service Pty Ltd may have whatsoever:

• Where the buyer and or Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the buyer and/or Guarantor agrees to mortgage and/or all of their joint and/or several interest in the said land, realty or any other asset to Lift Fleet Service Pty Ltd or Lift Fleet Service Pty Ltd nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Buyer and/or Guarantor acknowledges that Lift Fleet Service Pty Ltd (or Lift Fleet Service Pty Ltd nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.

• Should Lift Fleet Service Pty Ltd elect to proceed in any manner in accordance with this clause and/or sub-clauses the buyer and or Guarantor shall indemnify Lift Fleet Service Pty Ltd from and against all Lift Fleet Service Pty Ltd costs and disbursements including legal costs on a solicitor or own client

• To give effect to the provisions of Clause [16.1(a) and (b)] inclusive hereof the buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint Lift Fleet Service Pty Ltd or Lift Fleet Service Pty Ltd nominee, namely Worldwide Debt Collection as the buyers true and lawful attorney to execute mortgages and charges (whether register able or not) including such other terms and conditions as Lift Fleet Service Pty Ltd and/or Worldwide Debt Collection shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the buyer and/or Guarantor in any legal, realty or other asset in favour of Lift Fleet Service Pty Ltd and in the Buyer’s and/or Guarantor’s name as may be necessary to secure the said buyers and/or Guarantor’s obligations and indebtedness to Lift Fleet Service Pty Ltd and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in Lift Fleet Service Pty Ltd absolute discretion which may be advantageous to give effect to the provisions of this

17.   Termination

• Lift Fleet Service Pty Ltd may terminate this contract by giving 7 written days notice to the Buyer;

• The Buyer indemnifies Lift Fleet Service Pty Ltd for any loss or damage suffered as a result of termination of this agreement by Lift Fleet Service Pty Ltd;

• The Buyer agrees to provide Lift Fleet Service Pty Ltd with 1 (one) month’s written notice of its intention to terminate this contract.

18.   Privacy Act 1988

• The Buyer and/or Guarantor authorises Lift Fleet Service Pty Ltd to obtain all information Lift Fleet Service Pty Ltd considers relevant in assessing the Buyer’s application for commercial credit pursuant to this agreement;

• The Buyer and/or Guarantor authorises Lift Fleet Service Pty Ltd to obtain, from a credit reporting agency, a credit report containing all personal credit information about the Buyer and/or Guarantor in relation to commercial credit provided by Lift Fleet Service Pty Ltd;

• The Buyer and/or Guarantor authorises Lift Fleet Service Pty Ltd to exchange information about the Buyer and/or Guarantor with credit providers in order to assess an application for credit by the Buyer, and/or notify other credit providers of the Buyer’s default, and/or assess the credit worthiness of the Buyer and/or

19.   Return of Goods

• In the event that the Buyer returns goods to Lift Fleet Service Pty Ltd after delivery, Lift Fleet Service Pty Ltd reserves its rights to charge the Buyer a fee equal too but not exceeding 20% of the purchase price of the goods. This percentage is an estimate of administration and other costs and/or damages resulting from the return of

20.   Miscellaneous

• If anything in this agreement is unenforceable, illegal or void then it is served and the rest of this agreement remains in force;

• Lift Fleet Service Pty Ltd may alter the terms and conditions contained herein at any time by giving reasonable notice to the Buyer of the change;

• The Buyer may not claim any set-off or counter claim against any payments due by it to Lift Fleet Service Pty Ltd;

• This agreement is governed by the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of that State;

• Neither party shall be liable for any act of war, strike, industrial action, fire flood, drought, storm or other act of natural cause beyond the reasonable control