USE OF WEBSITE

1. Your viewing and use of the Website is governed by and subject to You agreeing to the terms and conditions set out in this Agreement.

2. You acknowledge and agree that Australian Machinery Wholesalers provides you with access to the Website in consideration for and in reliance upon Your agreement to be bound to the terms of this Agreement.

3. Australian Machinery Wholesalers may from time to time suspend the provision of the website.

4. Where possible, Australian Machinery Wholesalers will notify You in advance of the time and duration of any suspension of the website, but do not represent or warrant that it will do so on every occasion, on any particular occasion or any occasion at all.

5. Australian Machinery Wholesalers makes no and expressly disclaims any representation or warranty that the Website will be available for use by You at all times or at any particular time, during and for the duration of any particular Sale Process or at all.

TERMS AND CONDITIONS OF SALE

6. You may submit your interest for purchase of Truck, Plant or Machinery offered for Sale by contacting Australian Machinery Wholesalers.

7. By contacting Australian Machinery Wholesalers about Truck, Plant or Machinery You accept and agree to be bound by these Terms and Conditions.

TRUCKS PLANT AND EQUIPMENT HELD IN AUSTRALIA

8. The individual leaving a deposit or paying for the Truck, Plant or Machinery in full will be the purchaser at the price specified by Australian Machinery Wholesalers.

9. All purchases of Truck, Plant or Machinery held in stock in Australia may require the payment of a deposit in cash, bank cheque, or direct debit. The balance in cash, bank cheque, or direct debit will be required on or before delivery or collection.

10. No Truck, Plant or Machinery will be serviced, repaired, modified or prepared for transport until the agreed deposit or payment in full is received.

11. A Deposit will secure an item of Truck, Plant or Machinery for seven days. After that time if the balance owing has not been paid, Australian Machinery Wholesalers have the right to sell the item or vehicle to another purchaser and the deposit paid is forfeited.

12. In the case of non-payment of a deposit, the item or items may at Australian Machinery Wholesalers' option be offered for sale again.

13. Deposits paid with placed orders for modifications or fabricated items will be forfeited if order is withdrawn or cancelled.

TRUCKS PLANT AND EQUIPMENT TO BE IMPORTED

14. You will be required to pay a 30% deposit in cash, bank cheque, or direct debit.

15. No washing, packing or transport to the Port of Origin will be initiated until the 30% deposit is received by Australian Machinery Wholesalers.

16. The balance in cash, bank cheque, or direct debit will be paid within 48 hours of the provision of a Bill of Lading for the Goods confirming the vessel departure date and estimated arrival date at the final Port of Destination.

17. Failure to pay the balance by the required date will result in You assuming liability for any Port Holding Fees, Shipping and Transport or other charges that may accrue plus interest on these charges of 12.5% per annum calculated daily.

18. Australian Machinery Wholesalers will not be responsible for any loss, damage or delays in shipping due to transshipping through various Ports and Carriers, Freight Embargoes, unusually Severe Weather, Quarantine Inspection, Port Clearance, Customs Clearance or any other factor not under their direct control.

OTHER TERMS AND CONDITIONS

19. All prices are listed as GST inclusive unless stated otherwise. Prices do not include Stamp Duty, Transfer Fees or other Government charges that may apply.

20. If a deposit is paid and then a financing company finances the entire invoice amount, the entire deposit will be returned within seven days.

21. Stamp duty is to be paid by the purchasers where and when applicable under the relevant law.

22. Ownership of the Truck, Plant or Machinery shall not pass to the purchaser until Australian Machinery Wholesalers has clear title to the monies constituting payment from the purchaser.

23. You are not entitled to collect the goods from their relevant location until the purchase transaction is completed, and you have paid the full purchase price to Australian Machinery Wholesalers.

24. You are responsible for the payment of all delivery charges, if applicable, unless stated otherwise in writing on the invoice provided by Australian Machinery Wholesalers.

25. Upon any purchaser failing to comply with any of the above conditions any money deposited in full or part payment forfeited and all items uncollected may be resold and the deficiency (if any) on such resale, together with all costs and charges consequent upon such resale, shall be made.

26. All machinery sold will be serviced by an independent and suitably qualified technician to the extent specified in the invoice.

LIABILITY AND INDEMNITY

27. If You make use of the website or enter a sale process, whether for Yourself or another person, You acknowledge and warrant to Australian Machinery Wholesalers that:

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

b. You will be liable for all costs, fees, charges and other amounts that may become payable to Australian Machinery Wholesalers or any other person as a result.

c. You are properly authorised to provide Australian Machinery Wholesalers with any information that You provide.

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 Australian Machinery Wholesalers.

e. All information You provide to Australian Machinery Wholesalers is true and complete to the best of Your knowledge.

EXCLUSION OF LEGISLATION

28. Nothing in this Agreement, whether express or implied, shall be taken to exclude, restrict or modify any non-excludable conditions, warranties or rights set out in any legislation.

LIMITATION OF LIABILITY

29. Subject to Term 36, you agree and acknowledge that Australian Machinery Wholesalers accepts no liability or responsibility arising for any indirect or consequential loss, damage or expense of any kind or nature and You release and forever discharge Australian Machinery Wholesalers from any such liabilities and any claims, demands or causes of action in respect thereof.

EXCLUSION OF WARRANTIES AND LIABILITY

30. Australian Machinery Wholesalers will not be responsible for any damage to property or injury to persons incurred during the removal of items purchased.

31. You accept that all items are offered for sale in their current state of repair and condition at the time of the sale with all defects and faults latent, patent or otherwise (if any).

32. You accept that the information provided describing the items included on this website may not always be reliable, accurate or complete and You are solely responsible for independently verifying any information that is important to your purchasing decision before contacting Australian Machinery Wholesalers.

33. To the full extent permitted by law, Australian Machinery Wholesalers will not be liable for any loss, damage, cost or expense suffered or incurred by a purchaser arising out of the sale and purchase of Items or Machinery.

34. You acknowledge that as Australian Machinery Wholesalers is not a licensed motor car trader as defined in the Victorian Motor Car Traders Act (1986) any vehicle sold is unregistered and without a Road Worthy Certificate (unless expressly stated to the contrary). The sale is by private treaty without any warranties, guarantees or conditions as to quality or fitness for purpose that may be otherwise implied by statute, general law, international convention or custom.

35. You acknowledge that: a. Australian Machinery Wholesalers will make all reasonable endeavors to establish the year of manufacture of imported equipment, however b. If the year of manufacture of is not affixed and cannot be determined from a manufacturers serial number, compliance plate, manuals or other documentation; Australian Machinery Wholesalers will refer to Online Safety Systems for data specifying previous or subsequent model details to best establish the year of manufacture. c. It remains the sole responsibility of the purchaser to determine the exact year of manufacture.

36. Any deficiency in the goods sold shall not vitiate the sale, but Australian Machinery Wholesalers will not be bound to deliver more than is in their possession.

37. You accept that despite our reasonable precautions, goods may be listed in various media at an incorrect price or with incorrect information due to typographical or other errors and that you should rely on the price and any variation to these conditions stated on the official invoice.

38. NOTE: SPECIAL CONDITION RE SALE OF PLANT IN VICTORIA.

You acknowledge that:

a. The Occupational Health Safety & Welfare Act 1985 ("the Act") and the subsequent Occupational Health & Safety (Plant) Regulations 1995 ("the Regulations") impose obligations in respect of safety for workers arising out of the import, design, manufacture and supply of Plant and Equipment ("plant") for use in a workplace.

b. Australian Machinery Wholesalers have notified You that no plant offered for sale is fit for use in any workplace and it is the purchaser's or user's responsibility to ensure that the plant is brought to a standard necessary to comply with the Act and the Regulations before using it and to carry out testing and examination to ensure it is safe and fit for use in the workplace.

c. In so far as they are readily available, the relevant health and safety information prepared by the Importer, Designer or Manufacturer of the plant and any records kept by previous owners of the plant under the Regulations ("the information and/or records") and a copy of the Act and the Regulations were, at your request, made available for inspection.

d. Where no such information and/or records are available, no liability for the absence of same is assumed by Australian Machinery Wholesalers.

e. It is your responsibility to ensure that You seek to ascertain the information and/or records of your own accord. f. Breaches of the Act and the Regulations carry very heavy penalties in the interest of health and safety for workers; safety inspections of all plant purchased must be performed by You. g. Where plant is to be used in areas not covered by the Act and the Regulations, You should regard the plant as unfit for use.

39. MANUFACTURER WARRANTY FOR WORKMATE BRANDED PRODUCTS

a. Where Australian Machinery Wholesalers resell a product from an Original Equipment Manufacturer (OEM), Australian Machinery Wholesalers will pass on any Warranties offered with the equipment or parts by the manufacturer on the same terms and conditions as specified and offered by the manufacturer.

b. Where the OEM warrants to the original purchaser that products are supplied free from defects in material and workmanship and if a defect covered by this warranty occurs, they will replace or repair the product at its option, free of charge excepting freight from purchaser to manufacturer.

c. This undertaking to replace or repair any product will not apply if products have been damaged, after sale to the original purchaser, by negligence, by accident, by unreasonable use, modification, unauthorised repair, tampering or by any other causes unrelated to the defective materials or workmanship.

d. Australian Machinery Wholesalers will always use its best endeavours to secure replacement or repair on behalf of customers who experience difficulty with products purchased through Australian Machinery Wholesalers.

e. No warranties apply to used equipment.

40. Australian Machinery Wholesalers may give You notice of any matter or thing required or permitted to be notified to You under this Agreement by sending You an electronic mail message to an electronic mail address nominated by You. Such notice takes effect and is deemed served from the time the electronic mail message leaves Australian Machinery Wholesalers system.

41. This Agreement and any Sale taking place shall be governed by and construed in accordance with the laws of Victoria, Australia, irrespective of the physical location of any Item or Machinery.

42. You and Australian Machinery Wholesalers agree to submit to the exclusive jurisdiction of the Victorian Courts in respect of any dispute arising out of or in connection with this Agreement or a Sale and agree that any proceedings commenced by You in any other Court may be permanently stayed upon application by Australian Machinery Wholesalers.

43. A reference to a matter being to the knowledge of a person means the matter is to the best of the knowledge and belief of the person after making proper enquiry including enquiry that a reasonable person would be prompted to make by reason of knowledge of a fact.

44. These terms and conditions represent the entire understanding between You and Australian Machinery Wholesalers.

45. Australian Machinery Wholesalers may vary these terms and conditions from time to time by making an updated set of terms and conditions available at this Website.

46. Any new terms and conditions take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available.

47. A single or partial exercise or waiver of a right relating to this document does not prevent any other exercise of that right or the exercise of any other right.

48. No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.

49. No party to this document has the power to obligate or bind any other party. Nothing in this document will be construed or deemed to constitute a partnership, joint venture or employee, employer or representative relationship between any of the parties.

50. Each indemnity in this document is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this document.

51. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity conferred by this document.

52. The warranties, undertakings, agreements and continuing obligations in this document do not merge on completion.

53. In the interpretation of this document, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.

PURCHASE OF GOODS AND SERVICES BY AUSTRALIAN MACHINERY WHOLESALERS FROM YOU

54. The following terms and conditions, together with such terms as are set forth in the Purchase Order ("Order") shall constitute the entire contract between Australian Machinery Wholesalers and You.

55. If documents, performance specifications, technical product descriptions or other similar descriptive materials submitted by You in connection with the Order have been incorporated by reference or attachment, these shall constitute a part of this Order.

56. Any expression of acceptance of this Order by Seller, including Your commencement of (a) work on the goods subject to this Order (the “Goods”) or shipment of the Goods, whichever occurs first, or (b) performance of all or any portion of the services subject to the Order (the “Services”), shall constitute an acceptance of AMW’s offer. Any acceptance of this Order is limited to and conditional upon Your acceptance of these Terms.

57. Any proposal for additional or different terms or any attempt by You to vary any of the Terms, whether in Your quotation form, acknowledgement form, invoice, correspondence or otherwise, shall be deemed material and is hereby objected to and rejected by AMW, but any such proposal or attempted variance shall not operate as a rejection of the Order if You accept AMW’s offer by commencement of work, shipment of the Goods or performance of the Services, or by other means acceptable to AMW, in which case the Order shall be deemed accepted by You without any additional or different terms or variations whatsoever.

58. Any subsequent amendments to specifications or quantities shall only become part of the Order when authorized in writing by Australian Machinery Wholesalers.

59. Australian Machinery Wholesalers shall not be required to make payment for any Goods or Services delivered to AMW that are in excess of the quantities specified in this Order.

60. Australian Machinery Wholesalers will not accept liability for any goods or services provided not expressly contained in the Order.

61. Payments made in connection the Order shall not exceed the aggregate price for the Goods or Services that would be manufactured or provided by You under the Order.

62. You warrant that the prices in this Order shall be complete, and no surcharges, premiums or other additional charges of any type shall be added, without AMW’s prior written consent. You expressly assume the risk of any event or cause (whether or not foreseen) affecting such prices, including any foreign exchange rate changes, increases in raw materials costs, inflation, increases in labor and other manufacturing costs.

63. If there is any conflict between the provisions of Your Terms and any provisions of the Order, Australian Machinery Wholesalers shall have the right to have the provisions of these Terms and the Order prevail to the extent necessary or desirable to resolve such conflict.

PRIVACY

64. Australian Machinery Wholesalers will comply with its Privacy Statement and the Privacy Act 1988 in relation to any personal information about any natural person You provide to Australian Machinery Wholesalers.

65. You consent to Australian Machinery Wholesalers providing your personal information to others involved in the Sale Process of Vehicle.

DEFINITIONS

In these terms and conditions, unless expressed or implied to the contrary:

Agreement means this document and includes all Schedules and Annexures to it.

Australian Machinery Wholesalers means ATG Australasian Trading Group Pty Ltd trading as Australian Machinery Wholesalers.

Sale means a sale, agreement to sell or prospective sale of an item under this Agreement.

Sale Process means the process by which a Sale is conducted until the successful purchaser's price is accepted by Australian Machinery Wholesalers.

Vehicle, Machinery, Equipment or Item means the goods that are presented by Australian Machinery Wholesalers for Sale.

You and Your means the user of the website or the person involved in a Sale or the Sales process.

Website means this website, located at the uniform resource locator http://www.machinerywholesalers.com.au, and includes any part of this website and also website located at uniform resource locator http://awb.ihub.com.au