Terms and Conditions
1. Definitions
- Buyer: Online Forklift or its related entities as indicated in the Purchase Order.
- Goods: All services including consultancy, maintenance, products or materials covered by the Purchase Order.
- Purchase Order: An official order issued by the Buyer, including those made via electronic means, email, phone, or post.
- Seller: The person or entity receiving the Purchase Order, including their agents and subcontractors.
2. Entire Agreement
These Terms of Trade and the Purchase Order form the complete agreement. By accepting the Purchase Order, the Seller agrees to these terms. These override any conflicting terms provided by the Seller. ISO 9001/9002 certified Sellers must comply accordingly. Online Forklift may cancel orders if payment is not received in full.
3. Responsibility for Purchase
Only Purchase Orders issued by Online Forklift are valid. Variations must be approved in writing. PO numbers must appear on all documents.
4. Quality
The Seller warrants that all Goods:
- Match their descriptions and agreed specifications
- Are of merchantable quality and fit for purpose
- Are free from defects and encumbrances
- Are new unless otherwise agreed
Online Forklift may request a discount for accepted non-conforming Goods.
5. Indemnity
The Seller must repair or replace defective Goods within 30 days of notice. The Seller also indemnifies Online Forklift from any loss resulting from defects or negligence.
6. Loss or Damage in Transit
Loss or damage must be reported within 60 days. The Seller must replace or repair affected Goods at no cost to the Buyer.
7. Rejection
Non-conforming Goods may be rejected upon or after delivery. Payments do not waive this right. The Seller must refund or compensate for rejected items.
8. Delivery
Delivery must follow the agreed date and location. Time is critical. Delays or misdeliveries may result in cancellation or additional costs to the Seller.
9. Title and Risk
Risk and title pass to the Buyer upon delivery, without affecting any rights of rejection.
10. Inspection
The Buyer may inspect work at any stage and reject non-conforming items, without waiving the Seller's obligations.
11. Intellectual Property
The Seller must indemnify Online Forklift from IP infringement claims related to Goods or services provided.
12. Price
Prices must match the Purchase Order and be fixed unless agreed otherwise. All pricing is FIS unless stated. Online Forklift may source Goods elsewhere if offered a better price.
13. Terms of Payment
Payment terms are 62 days from the end of the invoice month unless otherwise stated. The Buyer may offset any amount owed by the Seller.
14. Subcontracting
Subcontracting or assignment needs written consent. Approved subcontracting does not remove the Seller’s responsibility.
15. Packaging & Hazardous Goods
- Goods must be safely packed and clearly marked.
- Comply with Australian laws and international standards.
- Hazardous items must follow the ADG Code and be properly labelled.
- Safety data and hazard information must be provided promptly.
16. Insurance
The Seller must maintain Public and Product Liability Insurance (min. AU$5M) and Workers’ Compensation with Online Forklift listed as an interested party.
17. Force Majeure
Neither party is liable for delays due to events beyond control, provided notice is given within 7 days of the event.
18. Buyer’s Property
All specifications, designs, or proprietary information provided by Online Forklift remain its property and must be returned upon request.
19. Work on Buyer’s Site
Site work is subject to additional terms which will be supplied before commencement.
20. Applicable Law
This agreement is governed by the laws of the relevant Australian state or territory where the PO is issued. Both parties submit to these jurisdictions.
21. Transaction Tax (GST)
Prices may include GST. Valid tax invoices must be issued. Any overpaid GST must be refunded to the Buyer.
22. Confidentiality
The Seller must keep confidential all pricing, volumes, and specifications developed specifically for Online Forklift.