Terms of Use

Validity of Offers

• Offers made by G&M Forklifts – Hyundai Material Handling Western Australia are only valid for 30 days from the date of posting, email or communication.  As per our Terms of Use in the Quote or Invoice.

Order Confirmation and Cancellation

• Every order is irrevocable and final once it has been confirmed in writing by G&M Forklifts. Cancellation of the order can only take place with the written authorization of G&M Forklifts and with the payment of a cancellation compensation of 15% of the purchase price.

Modifications to Orders

• Modifications will only be accepted with the written approval of the seller and are subject to receipt of notice of the modifications in writing, at the latest five (5) days after the order date. Later modifications will not be accepted, unless they have the explicit written approval of the seller.

Delivery Dates

• The proposed delivery date must be confirmed in writing by G&M Forklifts on confirmation of the order. Delivery dates are approximate and not binding. In case of a delay in delivery, the buyer does not have the right to cancel the order or claim compensation for any damage whatsoever.

Ex-Factory Delivery

• Deliveries are ex-factory unless G&M Forklifts confirms otherwise in writing.

Inspection and Complaints

• The buyer must inspect goods immediately upon delivery. G&M Forklifts must be informed in writing of visible defects within 7 days of receipt. Complaints about hidden defects must be reported within 7 days of discovery. Complaints made outside these timeframes will not be accepted. Unauthorised returns are at the sole responsibility and cost of the buyer.

Warranty

• Warranty applies to tyres, electrical equipment, motors, or other parts not manufactured by Hyundai, as far as the manufacturer or supplier warrants these parts. The Warranty does not extend to normal wear and tear, negligent use, or modifications made after delivery.

Limitation of Liability

• All implied conditions and warranties, except those which by law cannot be excluded or modified, are expressly excluded.
• To the extent permitted by law, G&M Forklifts limits its liability to the replacement or repair of the equipment or equivalent costs.
• G&M Forklifts excludes all liability for indirect losses, including loss of profits, revenues, or data.
• In cases of physical injury or death caused by G&M Forklifts, liability is capped at the charges under the relevant invoice.

Payment Terms

• Invoices are payable in full on delivery unless stated otherwise in the order confirmation. Payments must be made in AUD via cash, EFT, or bank cheque.
• Late payments incur interest based on the reference interest rate plus 7%, and a flat-rate compensation of 10% of the invoice amount (minimum AUD 100 per invoice).
• Default on one invoice accelerates the due date for all outstanding invoices.

Buyer Solvency

• If the seller’s confidence in the buyer’s solvency is shaken due to legal actions or other events, G&M Forklifts may demand securities or cancel orders.

Retention of Title

• G&M Forklifts retains ownership of goods until payment is made in full. Buyers must maintain goods in good condition and may not sell, modify, or relocate them without authorization.

Additional Clauses

• Buyers are responsible for adhering to maintenance and training requirements as specified by G&M Forklifts.
• Buyers must notify G&M Forklifts in case of any change in their registered office or domicile.

Definition of Terms of Use

“We,” “us,” “seller,” or “G&M Forklifts” refers to G&M Forklifts – Hyundai Material Handling Western Australia (ABN 49 070 283 680).

Governing Law

The laws of Western Australia govern these terms and conditions. Disputes will be resolved in the courts of Western Australia.

Contact Information

G&M Forklifts – Hyundai Material Handling Western Australia
Unit 1, 36 McDonald Crescent
Bassendean WA 6054
P: (08) 9377 3321
F: (08) 9377 3321
E: info@forkliftsperth.com