Conditions of Sale

As is where is

1.0 The purchase of the goods shall be on an "as is where is" basis.

Inspection

2.0 It is deemed that the Purchaser or their agent have made the appropriate inspection of the goods and that the purchase is based on knowledge of the condition of the goods.

Warranty

3.0 No warranties, expressed or implied are given, or representations made, in respect of the plant, vehicles or equipment offered; whether as to condition, title, the suitability of such items for any particular purpose. Neither the Vendor nor Industrial Resale accept any responsibility for the accuracy or completeness of any statements in the documents.

3.1 No warranties expressed or implied are given to the effect that the items comply with the requirements of any Statute, Regulation, Order or Bylaw. It shall be the sole responsibility of the Purchaser to ensure that the requirements of all Statutes, Regulations or Bylaws are complied with in relation to the machinery, vehicles or electrical equipment purchased.

Payment

4.0 Payment: Bank-to-bank transfer only. Please note that company cheques are not accepted

4.1 The purchaser or their agent must produce a copy of the paid GST invoice receipt to the onsite sales supervisor on the prescribed uplifting days for the items to be released.

Title

5.0 Title to the goods shall transfer to the successful Purchaser upon full payment of the purchase price.

Pickup

6.0 Pickup shall be ex the location as specified.

6.1 The purchaser shall be entitled to take delivery of the item/s only on payment of the total purchase price and only on the prescribed uplifting days.

6.2 The item/s shall be at the sole risk of the purchaser from time of payment.

6.3 The purchaser shall be responsible for all costs related to the removal of the item/s, including electrical and other service disconnection, decommissioning, loading, packaging, storage and security commencing immediately on purchase of the items.

6.4 The Purchaser shall be responsible for all costs related to the making good of the building , floor , roof , walls , property and services, where damage to , change to , is a result of removal of an item of plant or equipment.

6.5 Industrial Resale will require evidence of the Purchaser or their agents capacity to dismantle /remove major plant items in a safe manner, prior to any work being carried out on the Vendors site. Appropriate Public Liability Insurance will also be required.

Occupational Safety and Health

7.0 The purchaser and their representatives, must at all times while on the Vendor's site, comply with the relevant Health and Safety Acts and all other relevant legislation.

Liability

8.0 Risk of loss or damage, whether to the goods or persons or property, shall pass to the purchaser upon the transfer of title.

Law

9.0 The sales of goods shall be governed by the law of the country where the goods are located.

Default

10.0 If the purchaser fails to pay the full price within 7 days from the date of notification that it's Tender was successful, the Vendor may in its sole discretion cancel the sale. Such cancellation is without prejudice to any other remedies available to the Vendor under contract or law for damages or otherwise.

10.1 If the Purchaser pays for the item/s but fails to take delivery within the prescribed uplifting days, the Vendor may, after giving notice to do so , sell or dispose of item/s and apply any proceeds arising there from as follows: (i) in reimbursement of all costs of the selling or otherwise disposing of the item/s (ii) in payment for any residue , after reimbursement of (i) , to the purchaser of the items.

10.2 In addition to all the other remedies, the Tender manager reserves the right to refuse to consider any future Tenders from any purchaser who has defaulted under clause 10.0 + 10.1

Sale Management

11.0 The sale is being managed by Industrial Resale, on behalf of the Vendor. Industrial Resale is not authorized to express opinions, to offer advice or make representations to purchasers or to the public concerning the items which are the subject of this sale, and does not offer any warranties, representations or undertakings to any such parties.