1. Interpretation
In these Terms and Conditions, unless the context requires otherwise:
- “myForklift™” refers to myForklift Pty Ltd ABN 88 637 250 214.
- “Additional Charges” includes all delivery, handling, storage fees, interest, legal costs related to the recovery of unpaid amounts, government taxes, and other costs incurred by the Customer in addition to the Purchase Price.
- “Customer” means the individual or entity purchasing the Goods from myForklift™.
- “Goods” refers to the products sold to the Customer by myForklift™.
- “Purchase Price” means the price quoted by myForklift™ or agreed upon with the Customer before delivery, excluding of GST.
- “Quotation” means the price quoted excluding GST based on current costs and conditions, valid for the specified period, and subject to change.
2. Orders for Goods
2.1 An order is considered binding on both myForklift™ and the Customer when: (a) A written acceptance is signed by or on behalf of myForklift™; or (b) The Goods are delivered by myForklift™ in accordance with the order.
2.2 Acceptance of the order by myForklift™ constitutes acceptance of these Terms and Conditions, which will override any terms in the Customer’s order. myForklift™ reserves the right to accept only part of any order and is not bound until it accepts the order.
2.3 Orders accepted by myForklift™ cannot be cancelled by the Customer without prior written consent from myForklift™, which may be withheld at its discretion.
2.4 Cancellation fees may be applied at the discretion of myForklift™.
3. Limitation of Liability
3.1 myForklift's liability for any breach of consumer guarantees or warranties for Goods not typically used for personal, domestic, or household purposes is limited, as allowed by law, to: (a) Replacement or provision of equivalent Goods; (b) Repair of the Goods; (c) Payment of costs to replace or acquire equivalent Goods; or (d) Payment of costs for repair.
3.2 To the extent permitted by law, myForklift™ excludes all other warranties not explicitly stated in these Terms and Conditions and is not liable for: (a) Increased costs or expenses; (b) Loss of profit, revenue, business, contracts, or anticipated savings; (c) Loss or expense due to third-party claims; or (d) Special, indirect, or consequential damages arising from delay or failure to deliver the Goods.
3.3 Claims for short delivery must be made in writing within 7 days of delivery.
4. Delivery
4.1 Delivery times are estimates only, and myForklift™ is not liable for any delays. The Customer must still accept and pay for Goods despite delays. Deliveries may be made in installments at myForklift™'s discretion.
4.2 Delivery occurs: (a) At myForklift™’s premises if the Goods are collected by the Customer or an agent arranged by the Customer; or (b) At the address specified in the order if myForklift™ agrees to deliver at the Customer's cost.
4.3 Risk in the Goods transfers to the Customer upon delivery.
4.4 Additional Charges are the Customer's responsibility in addition to the Purchase Price.
4.5 Returns of Goods are only accepted with prior written agreement from myForklift™ and may be subject to a 10% restocking fee.
5. Price and Payment
5.1 Prices quoted are subject to changes due to currency fluctuations up to delivery.
5.2 Unless credit terms are agreed upon, the Customer must pay the Purchase Price in full before delivery.
5.3 For approved credit applications, payment is due within 30 days from the invoice date, with interest of 10% per annum charged on overdue amounts.
5.4 In case of default, the Customer must cover all costs incurred by myForklift™ in recovering overdue amounts, including legal fees.
5.5 Default may be reported to credit agencies, potentially affecting future credit applications.
6. Retention of Title
6.1 Ownership of the Goods remains with myForklift™ until full payment is received. Until payment: (a) myForklift™ may resell the Goods; (b) The Goods are at the Customer's risk.
6.2 The Customer is in default if: (a) Payment is not made on time; (b) The Customer ceases business or cannot pay debts as they become due.
6.3 In case of default or risk of destruction of Goods: (a) myForklift™ or its agents may enter premises to recover Goods; (b) myForklift™ may resell the Goods; (c) If Goods cannot be distinguished from similar ones, myForklift™ may seize matching goods; (d) If Goods are used in manufacturing, proceeds from sales related to the Goods must be held in trust for myForklift™.
7. Personal Properties Securities Act (PPSA)
7.1 Defined terms in this clause have meanings as per the PPSA.
7.2 These Terms and Conditions create a Security Agreement granting myForklift™ a Purchase Money Security Interest (PMSI) over the Goods supplied.
7.3 The Goods are classified under the PPSA as “Other Goods” or “Motor Vehicles.”
7.4 myForklift™ may register its interest in the Goods on the PPSA Register.
7.5 To the extent allowed by law, the Customer: (a) Waives the right to receive notifications or copies of certain PPSA documents; (b) Agrees to indemnify myForklift™ for costs related to the PPSA registration or enforcement; (c) Agrees that certain PPSA sections do not apply; (d) Waives rights under the PPSA such as notices of removal or disposal of collateral.
8. General
8.1 These Terms and Conditions are governed by the laws of Victoria and the Commonwealth of Australia.
8.2 These Terms and Conditions constitute the entire contract and may only be altered in writing.
8.3 If any terms are found void or unenforceable, they will be severed from the Agreement.
8.4 No waiver of any term by myForklift™ implies further waiver of that or any other term.