Remarketing & Consignment Agreement

Our Service

Australian Machinery Wholesalers has a program for our Vendors wishing to sell their equipment that is available to assist them in the preparation, marketing, advertising, sale and delivery of Plant and Machinery that may be surplus to their own requirements.

Australian Machinery Wholesalers offers a unique consignment selling program that maximizes the large market exposure and presence that Australian Machinery Wholesalers has achieved through a variety of advertising medians. Through consigning equipment for Australian Machinery Wholesalers to sell our clients can enjoy the following services available to them at one fixed low fee that is both more competitive and has more market advertising exposure than using Private Ads or Auctions to sell the equipment whilst having no upfront fees or charges until the equipment is sold.

Our Selling Fees are as Follows (All Selling Fees are GST inclusive):

6.6% of the sale price for Equipment Sold for Less than $50,000 inc. GST.
5.5% of the sale price for Equipment Sold for More than $50,000 inc. GST.

Our clients who use our program enjoy the following benefits that are all included in our one low selling fee:
Free Advertising using our Website www.machinerywholesalers.com.au that has over 100,000 visitors per month.

Free Advertising in our Company Ads Section in the National Truck Magazine “Deals on Wheels” where we enjoy being the largest page and item advertiser in the publication each month. Deals on Wheels has an average audited Publication Distribution of just under 26,000 copies per month. Deals on Wheels has been the top selling Truck Magazine for over 20 years.

Free Advertising in our Company Ads Section in the National Earthmoving Magazine Earthmovers and Excavators where we enjoy being the largest page and item advertiser in the publication each month. Earthmovers and Excavators has an average audited Publication Distribution of just under 12,000 copies per month.

Free Advertising in our Company Ads Section in the National Farms & Farm Machinery. Farms and Farm Machinery has an average audited Publication Distribution of just under 12,000 copies per month.

Free Advertising in our Company Ads in the National Heavy Equipment and Truck Magazine Just Trucks and Heavy Equipment

Free ads that are placed on line on the following on line websites and visited by Hundreds of thousands of visitors each month that include:

constructionhub.com.au farmhub.com.au factoryhub.com.au truckhub.com.au

Free “Direct Email” or “E Brochure” of your equipment , its specifications and performance capabilities to over 70,000 potential customers each week that have been either previous clients or potential clients that have contacted our company previously with Plant and Machinery requests or inquiries.

Free 24 Hour Online support to our customers via our website which accepts enquiries from prospective buyers 24 hrs per day 7 days per week. Our online shop and website never closes it doors and alerts Sales Staff to enquiries via Blackberry 24 hrs per day 7 days per week.

(Our on line advertising is never closed and buyers can contact us and ask questions and negotiate a purchase 24 hrs per day / 365 days per year)

As well as marketing and advertising each item of plant and equipment by using our services our customers also enjoy the following benefits of our services at very competitive additional rates:

Transport – Australian Machinery Wholesalers has an extensive range of Trucks, Low Loaders and Tilt Trays that travel throughout Australia each week both collecting and delivering sold and purchased Plant and Equipment both to Customers and from Suppliers. Our clients can take advantage of being able to have an item being sold by us delivered to the client which in many cases can be the difference between making and not making the sale of the equipment. Many buyers will avoid the sale if delivery is not included as they consider it to be too complicated and involved.

Transport Costs - The cost of Transport to our customer (Purchaser) is at our own cost and is included in the amount of commission charged. The cost of collecting the unit from our consignors (Seller) is not included in the price and is deducted from the settlement amount paid upon settlement to our consignors. Transport is charged from time of arrival at required location until time of return to the Facility at Breakwater Geelong. Paul Vigilante expertly co-ordinates our movement of Plant and Equipment each week and our company enjoys and perfect safety records and accident and injury free record of both collection and delivery of equipment. All Transport of Equipment is charged at standard AMW rates and delays for collection of goods apply as well as for oversize or over dimensional loads also applies.

Detailing and Washing – Australian Machinery Wholesalers has full commercial washing and detailing facilities that are Australian Quarantine Licensed and Approved and all equipment can be washed and prepared for sale to maximize both the presentation and return to sellers.

Australian Machinery Wholesalers has recently completed the installation of a State of the Art Waste Treatment Facility that has the approval of Barwon Water, City of Greater Geelong and Australian Quarantine.

”Australian Machinery Wholesalers committed to supporting a Green Friendly Workplace and Environment”

Export Packing and Sales – Australian Machinery Wholesalers can wash and pack in containers ready for export to overseas markets which increases the selling opportunities to our vendors in being able to maximize the market opportunities both here in Australia and Overseas. Countries that we currently export to include Fiji, PNG, New Zealand, Vanuatu, Solomon Islands, USA, Japan, Marshall Islands, Norfolk Islands, Canada and South America.

Decals and Stickers – Australian Machinery Wholesalers has an in house decal and sticker shop that can produce identical replicas of all decals, stickers and safety warning symbols to help both enhance your items presentation and ensure compliance to current workplace requirements and legislation.

Photos for Marketing and Emailing – Australian Machinery Wholesalers professionally prepares all photography of Plant and Equipment in house and has available staff for additional photos often requested by potential buyers. Buyers generally have further requests for photos and specifications and having in house photography available and on hand during our normal office hours.

Trader License Plates and Permits - Australian Machinery Wholesalers has several Vehicle and Trailer “Trade Plates” which enable the Trucks Plant or Machinery you are wishing to sell to be driven on public roads for the purposes of selling repairs or registration even if the vehicle is out of registration. This assists both our sellers and our buyers during final negotiations in being able to test and inspect unregistered equipment and avoids Private Sellers running the risks of Driving unregistered equipment.

Workshop – Australian Machinery Wholesalers has a full workshop and repair facility which can be used by our sellers to either service and prepare Plant and Equipment for Sale or to modify or alter equipment for a potential buyer in order to assist our Sales Staff in completing a sale to our buyer. Buyers in the current market generally require the item of Plant and Machinery being contemplated for purchase to be delivered in a condition ready to place straight to work and we find our ability to either service and prepare ready for work or to modify and alter to specific requirement a very useful tool in closing a sale with our customers.

Paint Shop – Australian Machinery Wholesalers has fully qualified and experienced Painters to repair and paint and Truck Plant and Machinery that is offered for sale. This ensures the equipment is presented to the market in the best possible condition to maximize the return to our sellers.

Sales Staff – Australian Machinery Wholesalers employ experienced sales staff with an extensive experience in both the Sales and Operation of Truck Plant and Machinery who will assist in ensuring all potential sales opportunities are explored and considered in selling your equipment.

Trading Hours – Australian Machinery Wholesalers has extended trading hours from 8.00am until 5.30pm Monday to Friday and 9.00am until 1.00pm Saturday. Our Sales staff are available by phone for customers until 10.00 pm weeknights and 8pm on weekends with inspection of equipment available by appointment even out of hours 7 days per week.

Airport Service – Australian Machinery Wholesalers offers a full airport pickup and return for interstate and overseas buyers from both Avalon and Tullamarine Airports. This encourages our interstate customers to fly in and inspect the goods being considered for purchase. This service is included in the commission charged by ATG under its Consignment and Remarketing Program.

Tasmanian Sales – Australian Machinery Wholesalers offers a full door to door delivery service for sales made to our clients in Tasmania. This includes freight and delivery to Port Melbourne, Shipping and Packing by Sea freight to Tasmania and if required delivery by Road to our clients door in Tasmania. AMW has found through our experience that clients are prepared to pay for service that includes the delivery of the goods being purchased.

Insurance – At Australian Machinery Wholesalers all equipment is Insured during Transit and Transportation as well as whilst in our Facilities.

Prompt payment – At Australian Machinery Wholesalers our sellers are paid within 14 working days of cleared funds being received from the goods that have been sold. Payment will only be made upon receipt of a Formal Tax Invoice showing the correct amount to be paid by ATG after all deductions for works completed and or transport provided. A complete Transaction statement is supplied to our sellers providing accurate details of the goods sold and a complete summary of the costs and charges that have been applied and that are to be deducted.

Payment prior to Delivery – At Australian Machinery Wholesalers it is our strict company policy that no item of Truck Plant of Machinery leaves or facilities until paid for in cleared funds in full. Australian Machinery Wholesalers has a very strict No Credit Policy to all customers whether Private Corporate or Government. Exception to payment prior to leaving our premises may be made solely at the discretion of Management for circumstances such as when an inspection may be required by a Finance or Leasing Company prior to settlement.

AMW Finance & Insurance – AMW Finance & Insurance has competitive Finance and Insurance packages available through our in house Finance and Insurance Consultant Adrian Monti who through a number of different Packages and Lenders and Insurers can tailor a Finance deal to suit all customers. (Conditions may apply and customers may be subject to approval). We have found that if customers can Purchase, Finance and Insure and then complete the Delivery of the item they are purchasing in house with the one company it places Australian Machinery Wholesalers and our sellers in an advantageous position when sellers are comparing the benefits of each of the possible items available to them to purchase. It makes the experience of purchasing not only convenient but very easy to manage and complete. Australian Machinery Wholesalers strives to provide our buyers with a one stop location to be able to purchase finance and have delivered Truck Plant and Machinery of their choice. AMW Finance can also refinance existing equipment at today’s more competitive rates and even Finance Trucks Plant and Equipment purchased from other Dealers or Vendors.

Valuations for Finance and Leasing – Australian Machinery Wholesalers can complete a Valuation on each item being sold if the client may require such a valuation for Finance, Leasing and or Insurance purposes. Many lenders in today’s market will not finance or insure a purchase through a private sale treaty and may require a Valuation to be completed as part of the approval process for customers wishing to finance their new purchase of plant and equipment.

Specification and Information – Australian Machinery Wholesalers can provide for both marketing and advertising purposes specifications of the equipment being sold as well as performance data on the equipment being offered which is often of vital importance to the prospective purchaser and can often be the difference between making a sale and not.

Mechanical Reports – Australian Machinery Wholesalers has fully qualified independent Diesel Mechanics that can provide an accurate appraisal to potential buyers to assist them in understanding and assessing the condition of the unit being considered whilst at the same time assessing its suitability to their requirements. Reports can be completed in most cases within a few hours and emailed to clients to help in closing the sale promptly to the advantage of our sellers. The cost of these reports range from $90 to $170 depending on the equipment being evaluated.

Risk Assessments – Australian Machinery Wholesalers can provide a Risk Assessment which is required under Australian Health and Safety Regulations and Laws prior to using the item of Plant and Equipment into the Workplace. This is again a major advantage that Australian Machinery Wholesalers has in completing the sale over our competitors who may be unable to sell the item of Plant and Equipment that can be delivered in a state and condition that is compliant and ready for work with all of the supporting documentation required under current law.

Compliance to National Standard for Plant - Australian Machinery Wholesalers complies with all legislative requirements as per the National Standard for Plant of 1994 issued by the National Occupational Health and Safety Commission of 1995. All units sold on behalf of Vendors will be sold with a completed Risk Assessment and any defects or items that are listed as being required to sell the Plant in Safe Working and Operating Order will be completed and deducted from sale proceeds. These costs and deductions will be at cost with no margin attached. Any item not compliant with this will be sold as non operational and will be declared and marked as being sold as “Scrap” or “Spare Parts”. It is a condition of consignment that all units consigned with AMW that are represented as to be sold in working order will be sold fully operational and compliant with the NOHSC of 1995. Any defective items that are not declared by Vendors will be repaired and such costs will be deducted from Sale and Settlement proceeds.

Modifications - Australian Machinery Wholesalers is able to offer buyers the opportunity to make changes or modifications to equipment being purchased to assist in making the sale to customers ensuring the equipment is fit for the purpose of which it was intended and can be promptly put to work by our customers. Modifications such as Tow Bars, Air Brakes, Rear Hydraulics, Bull Bars etc can all be effected in house again giving our sellers the edge over other selling options such as Auctions and Private Selling. All required modifications requested by customers are charged at the price over and above the price of the unit being sold. All costs of any modifications are borne by the Customer and not the seller.

AMW Remarketing Period.

We retain sixty (60) days of exclusive right of sale while the vehicle is on consignment. You may refer prospective customers to us during this period and any sales effected will fall under the same terms and conditions of sale.

At any time you desire to sell the item to us, we would give you the option to do so at an agreed buying price.

Ending consignment

If consignor desire to terminate during the consignment term, you are required to give us a (30) days written and signed notice to stop the consignment before removing the item from our yard. The consignor shall pay the consignee a handling fee $1500 Plus GST plus any expenses incurred in the preparation of the unit such as cleaning, repairs or item preparation. This enables a complete circulation period of existing marketing in Publications and Magazines to be cancelled.

USE OF Remarketing Program

1. Your acceptance of our Remarketing and Consignment Program Terms and Conditions as per our Website (which means this website, located at any of the following uniform resource locators http://www.machinerywholesalers.com.au, http://www.bestrucks.com.au, http://www.truckworld.com.au and http://awb.ihub.com.au and includes any part of these websites) as well as any contemplated or actual selling program by You of any vehicle, plant, equipment, machinery or other item of moveable property (“Chattel”) using ATG Australasian Trading Group Pty Ltd A.C.N. 110 726 540 trading as Australian Machinery Wholesalers, Lusty Heavy Haulage Equipment and AMW Transport and Machinery Sales LMCT 10552 (which includes its officers, employees, agents and permitted assigns) (“ATG”) including all Advertisements and Publications for the Sale of Chattels offered in Magazines, Electronic Brochures such as Emails or E Brochures, Online Advertising or the AMW On Line Shop is governed by and permitted on the condition that You irrevocably agree to the terms and conditions set out herein (“these Terms”).

Further, any reference in these Terms to “You/ you” and/ or “You/ your” includes, but is not limited to, all Your officer(s), employee(s), agent(s), assign(s), successor(s), executor(s) or legal personal representative(s). Any reference to a singular includes the plural and vice versa.

2. You acknowledge and agree that ATG provides you with access to the Consignment Program a dn its Website and Advertising Medians and, in the event that you enter into any (actual or contemplated) reselling or consignment program of a Chattel using ATG, such access and/ entry into a transaction (whichever applicable) is provided in consideration for, and in reliance upon, your irrevocable consent to be bound by these Terms in any dealing that you have with ATG. This includes items consigned or sold at any facility owned or operated by ATG both in Australia and Overseas.

3. ATG may in its absolute discretion and without any notification to you, indefinitely or for any other period of time, suspend the provision of the Website. Further, and without limitation, ATG expressly makes no representation or warranty that the Website will be available for use by you at all times or at any particular time.

4. These Terms shall be construed in accordance with the laws of Victoria, Australia, irrespective of the physical location of any Chattel or event, and same shall be the proper law of these Terms. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals there from and agree that any proceedings commenced by you in any other Court may be permanently stayed upon application by ATG and that you shall indemnify ATG for any costs (including but limited to legal representation and all preparatory work in relation thereto) so incurred by ATG concerning such application to stay proceedings.

5. Any sale of a Consigned Chattel held in stock in Australia will require the payment of a deposit in cash, bank cheque, direct debit or by way of Credit Card or Debit Card. The balance in cash, bank cheque, or direct debit will be required prior to delivery or collection. Exception to payment prior to leaving our premises may be made solely at the discretion of Management for circumstances such as when an inspection may be required by a Finance or Leasing Company prior to settlement.

6. All prices are listed as GST exclusive unless stated otherwise by ATG in its sole and absolute discretion. Prices do not include stamp duty, transfer fees or other statutory charges that may apply. Subject to all applicable laws, certain items which are exported by ATG from Australia may not attract GST liability, however, such must be expressly agreed to in writing by ATG and You.

7. You acknowledge and warrant to ATG that:

a. You have the full authority to engage in any transactions you undertake with ATG.

b. You will be liable for all costs, fees, charges and other amounts that may become payable by ATG or any other person as a result of any breach set out in sub-paragraph (a) hereof.

c. You are properly authorized to provide ATG with any information that you provide and that any representations that you make in relation to the condition of any item of Truck Plant and Machinery are true and correct and will be responsible for any costs or charges incurred by ATG in the sale and preparation of any item of plant and machinery to be sold under the Remarketing and Consignment Program.

d. You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to ATG.

e. All information you provide to ATG is true and complete in every particular.

LIMITATION OF LIABILITY

8. Notwithstanding anything otherwise contained in these Terms and to the fullest extent permitted by law, You irrevocably release and indemnify ATG arising from any indirect or consequential loss, damage or expense of any kind or nature and you release and forever discharge ATG from any such liabilities and any claims, demands or causes of action in respect thereof (“the Release”). The Release includes, but is not limited to, any obligation(s) which would be imposed on ATG by operation of law (such as by the Trade Practices Act 1974 (Cth) and the Fair Trading Act [or similar legislation] in all States and Territories in Australia) and any mis-description by ATG to You of any (Chattel(s) or component part(s) thereof).

9. You accept that the information provided describing any Chattel included on the Website, Magazine, Electronic Brochures such as Emails or E Brochures, Online Advertising or the AMW On Line Shop or otherwise may not always be reliable, accurate or complete and you are solely responsible for any claims against ATG should the information that has been provided be proven to be incorrect or unreliable.

10. To the full extent permitted by law, ATG will not be liable for any loss, damage, cost or expense suffered or incurred by you arising, or in any way related to, the Consignment or Remarketing of any Chattel and/ or use of the Website.

11. ATG is a licensed motor car trader as defined in the Motor Car Traders Act 1986 (Vic) being the holder of Licence No. LMCT 10552 and, as such, shall comply with all relevant legislation.

12. Any deficiency in a Chattel shall not vitiate the Consignment or Resale sale of that Chattel by ATG to you, but ATG shall not be bound to deliver to you more than is in its possession.

13. You accept that despite all reasonable precautions being taken by ATG, a Chattel may be listed in various media at an incorrect price or with incorrect information due to typographical or other errors, and you solely rely on the price stated on the official invoice (or any written amendment by ATG thereto).

OCCUPATIONAL HEALTH AND SAFETY

14. You acknowledge that:

a. The law imposes obligations in respect of safety for workers arising out of the import, design, manufacture and supply of certain types of Chattel for use in a workplace.

b. ATG have notified you that no Chattel offered for sale is fit for use in any workplace and it is your responsibility to ensure that the Chattel is brought to a standard necessary to comply with the law before using it and to carry out testing and examination to ensure it is safe and fit for use in the workplace or any other location.

c. In so far as they are easily accessible to ATG, the relevant health and safety information prepared by the importer, designer or manufacturer of the Chattel and any records kept by previous owners of the Chattel under the law ("the information and/or records") and a copy of the relevant laws were, at your request, made available for inspection.

d. Where no such information and/or records are easily available to ATG, you forever release and discharge ATG from any loss, injury and/ or damage which in any way results from the non-provision of such information and/ or records by ATG to you.

e. It is your responsibility to ensure that you seek to ascertain the information and/or records and the accuracy thereof.

f. Breaches of the law carry very heavy penalties in the interest of health and safety for workers; safety inspections of all Chattel(s) purchased must be performed by you.

g. Where a Chattel is to be used in areas not covered by the law, you should regard that Chattel as unfit for use.

15. These Terms (together with, if applicable, any purchase order from you to ATG and/ or any invoice rendered by ATG to you and/ or any confirmation of order or other document from ATG to You) represent the entire understanding between you and ATG, and ATG may vary these Terms from time to time by making an updated set of terms and conditions available on the Website. Any new Terms take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available on the Website.

16. A single or partial exercise or waiver of a right relating to these Terms does not prevent any other exercise of that right or the exercise of any other right.

17. ATG shall not be liable for any loss or expenses incurred by you caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right by ATG.

18. Nothing in these Terms will be construed or deemed to constitute a partnership, joint venture or employment or representative relationship between ATG and you.

19. Each obligation hereunder is a continuing obligation, separate and independent from the other obligations of the parties and survives completion of any transaction between ATG and you.

20. If any provision (or part thereof) of these Terms is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remainder of that provision and the remaining provisions of these Terms shall not be affected and such invalid, illegal or unenforceable provision (or part thereof) is to be severed from these Terms.

21. The warranties, undertakings, agreements and continuing obligations in these Terms do not merge on completion.

22. In the interpretation of these Terms, no rule of construction applies to the disadvantage of ATG on the basis that ATG put forward these Terms or any part thereof.

23. If documents, performance specifications, technical product descriptions or other similar descriptive materials submitted by you in connection with a Consignment Sale from you to ATG (“Order”) have been incorporated by reference or attachment, these shall constitute a part of this Order.

24. Any expression of acceptance of an Order by the Consignor of the Chattel to ATG, or by ATG to you, including (a) your commencement of work on the Chattel(s) subject to the Order or shipment of same, whichever occurs first, or (b) performance of all or any portion of the services subject to the Order, shall constitute an acceptance by ATG of such Order which shall be bound by these Terms.

25. ATG shall not be liable for any Chattel provided to it not expressly contained in the Order.

26. You shall be solely liable to compensate ATG, any related entity of ATG, any customer of ATG and any related entity of any customer of ATG if any Chattel (or component part thereof) does not comply with the description (written and/or oral) of that Chattel (or component part thereof) which you provide to ATG, any related entity of ATG or any customer of ATG. Such compensation will include, but is expressly not limited to, all of the following costs which may be incurred by ATG, any related entity of ATG and any customer of ATG: Repair costs, administration costs, losses of profit as well as legal fees and discretionary enforcement expenses.

REMARKETING PROGRAM

27. ATG may (in its absolute discretion) provide to you a facility to remarket a Chattel belonging to you. (Remarketing Program) if such Chattel is used for agricultural and/ or non-highway purposes (which include earth-moving, road construction and mining activities). If You wish to take advantage of this facility provided by ATG, ATG shall provide to you various services which include advertising, transport, vehicle maintenance and modification advantages (with the full details of such advantages available to You, by request, from ATG).

28. If you request the services set out in term 53 hereof, and ATG agrees to provide same to you, You shall remunerate as follows: -

(a) For the sale of any Chattel(s) up to and including $49,999.99 (incl. GST), ATG shall receive as a first priority payment 6.6% (incl. GST) of the total sale price.

(b) For the sale of Chattel(s) of $50,000.00 (incl. GST) or more, ATG shall receive as a first priority payment 5.5% (incl. GST) of the total sale price.

Other services as per the schedule of fees set out in the Remarketing Program section of the Web Site www.machinerywholesalers.com.au

PRIVACY

29. You consent to ATG providing your personal information to others when the provision relates in any way to your use of the Website or the purchase of a Chattel from ATG.