Terms & Conditions of
Sale and Rental
1. Definitions
Company means [Excalibur Machinery Pty Ltd].
Customer means the purchaser or hirer of equipment from the Company.
Equipment means forklifts, attachments, batteries, chargers, accessories, or related items supplied by the Company.
Rental Period means the period from delivery until return of the Equipment.
Agreement means these Terms & Conditions together with any quotation, invoice, rental schedule, or signed order.
Part A - General Terms
2. Acceptance
2.1 These Terms apply to all sales, rentals, and services supplied by the Company.
2.2 Acceptance of delivery, signing of a quotation, payment of deposit, or use of the Equipment constitutes acceptance of these Terms.
3. Quotations & Pricing
3.1 Quotations are valid for 30 days unless otherwise stated.
3.2 Prices are exclusive of GST unless specified.
3.3 The Company may adjust pricing due to supplier increases, freight changes, exchange rate fluctuations, or regulatory costs.
4. Payment Terms
4.1 Payment in full must be received prior to delivery, unless otherwise agreed in writing
4.2 A 20% deposit is required before delivery.
5. Risk & Insurance
5.1 Risk in the Equipment passes to the Customer upon delivery.
5.2 The Customer must maintain adequate insurance against loss, theft, damage, fire, and public liability.
5.3 The Customer is liable for all loss or damage during possession.
6. Limitation of Liability
6.1 To the extent permitted by law, the Company is not liable for indirect, consequential, or economic loss.
6.2 Liability is limited to:
Repair or replacement of Equipment; or Refund of the purchase/rental amount.
7. Force Majeure
The Company is not liable for delays caused by events beyond reasonable control including strikes, supply shortages, transport delays, weather, or government actions.
Part B - Forklift Sales Terms
8. Title & Ownership
8.1 Ownership of Equipment remains with the Company until full payment is received.
8.2 The Company may register a security interest under the Personal Property Securities Act 2009 (Cth) (“PPSA”).
9. Delivery
9.1 Delivery dates are estimates only.
9.2 The Customer must inspect Equipment upon delivery and notify defects within 48 hours.
10. Warranty
10.1 New equipment is supplied with the manufacturer’s warranty.
10.2 Used equipment is sold:
“As is”; or
With limited warranty as specified in writing.
10.3 Warranty does not cover:
11. Returns & Cancellations
11.1 Special orders are non-refundable.
11.2 Returned goods may incur a restocking fee of up to 20%.
11.3 Cancellation after order confirmation may incur costs already committed by the Company.
Part C - Forklift Rental Terms
12. Rental Charges
12.1 Rental charges commence from delivery or collection date.
12.2 Minimum rental periods apply.
12.3 Off-hire must be confirmed in writing.
13. Customer Responsibilities
14. Fuel, Battery & Consumables
14.1 Equipment must be returned:
14.2 The Customer is responsible for:
15. Breakdown & Repairs
15.1 The Customer must immediately notify the Company of breakdowns.
15.2 The Customer must not repair Equipment without written approval.
15.3 Damage caused by misuse or negligence will be charged to the Customer.
16. Loss or Damage
16.1 The Customer is liable for theft, loss, or damage during the Rental Period.
16.2 Rental charges continue until Equipment is repaired or replaced.
17. Access & Recovery
17.1 The Company may enter premises to inspect, service, or recover Equipment.
17.2 Recovery costs due to default are payable by the Customer.
18. Default
If the Customer:
the Company may:
Part D - Safety & Compliance
19. Workplace Safety
19.1 The Customer must comply with all applicable workplace health and safety laws.
19.2 Operators must hold all required licences and certifications.
20. Indemnity
The Customer indemnifies the Company against claims, damages, injuries, penalties, or losses arising from:
Part E - General
21. Privacy
The Company may collect and use personal information in accordance with applicable privacy laws.
22. Governing Law
This Agreement is governed by the laws of Victoria, Australia.
23. Entire Agreement
These Terms constitute the full agreement between the parties and override prior discussions or representations.