Terms and Conditions of Sale

1. Definitions

“Seller” means Clique Industries Pty Ltd T/A Machinery Sales Online. “Buyer” means the person or entity purchasing machinery or equipment from the Seller. “Goods” means any machinery, parts, or equipment supplied by the Seller (whether new or used).

2. Acceptance of Terms

By placing an order or making payment, the Buyer agrees to these Terms and Conditions. No variation will be binding unless agreed in writing by the Seller.

3. Quotations and Orders

All quotations are valid for the period stated on the quote or, if not stated, for 14 days. All quotations are subject to prior sale, and orders are subject to acceptance by the Seller in writing or upon receipt of payment.

4. Pricing and Payment

All prices are quoted in Australian dollars and include/exclude GST (as specified on the invoice). Full payment is required prior to delivery or collection of any Goods. A machine will not be held or reserved for any Buyer unless an agreed deposit has been paid and confirmed in writing by the Seller. Payment must be made by the methods accepted by the Seller (e.g. bank transfer, EFT, or approved financing partner).

4A. Deposits and Refunds

Where the Seller agrees to hold or reserve machinery for a Buyer, a deposit amount will be required as confirmed in writing. Deposits are refundable only if the Seller is unable to supply the machinery or cancels the sale for any reason. If the Buyer cancels the order, the deposit may be refunded at the Seller’s discretion, less any reasonable costs incurred by the Seller in preparing, servicing, or holding the machinery for the Buyer. The Seller reserves the right to retain all or part of the deposit where costs have been incurred or losses sustained as a result of the Buyer’s cancellation.

5. Delivery and Collection

The Seller offers delivery and pickup services within Australia. Delivery is not included in the sale price unless expressly stated. Delivery charges will be as shown on the invoice or otherwise agreed in writing. Delivery times are estimates only and may vary based on logistics and availability. Risk in the Goods passes to the Buyer upon delivery or collection.

6. Ownership and Title

Ownership of the Goods shall not pass to the Buyer until the Seller has received full payment in cleared funds. Until that time, the Seller retains title to the Goods.

7. Condition of Goods

New Machinery: supplied as per manufacturer’s specifications and includes a 12-month limited warranty unless otherwise stated in writing.

Used Machinery: sold in the condition described at the time of sale. Buyers are encouraged to inspect before purchase. Unless otherwise agreed in writing, used machinery is sold on an “as-is, where-is” basis with no warranty express or implied.

8. Warranties

New machinery is covered by a 12-month manufacturer’s warranty, in accordance with the manufacturer’s own terms and conditions, against manufacturing defects from the date of purchase, unless otherwise stated in writing. Used machinery is not covered by any warranty unless specifically noted on the invoice or sales agreement. Warranty claims must be made in writing within 7 days of the defect being identified, and the Goods must not be further operated until the claim is assessed. To the extent permitted by law, the Seller excludes all other warranties except those required under the Australian Consumer Law (ACL). Nothing in these Terms limits any rights the Buyer may have under the ACL.

9. Returns and Refunds

Returns will be assessed on a case-by-case basis depending on the circumstances and condition of the Goods. Returns will not be accepted without prior written approval. Refunds or repairs will be provided in accordance with the ACL where a major fault or defect exists.

10. Limitation of Liability

To the extent permitted by law, the Seller’s liability for any claim relating to the Goods (including under contract, tort, negligence, or statute) is limited, at the Seller’s option, to:

• i. repair of the Goods;
• ii. replacement of the Goods; or
• iii. refund of the purchase price.

The Seller is not liable for any loss of profit, downtime, or consequential or indirect loss, nor for damage caused by misuse, neglect, unauthorised repair, or modification of the Goods. The Seller is not liable for any transport, freight, or delivery costs, or for any hire or replacement of equipment arising from warranty claims, delays, or other circumstances. These costs remain the responsibility of the Buyer.

11. Force Majeure

The Seller will not be liable for any delay or failure in performance resulting from Force Majeure, meaning events beyond the Seller’s reasonable control, including but not limited to transport delays, strikes, accidents, natural disasters, government restrictions, or other unforeseen circumstances.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia, and any disputes shall be heard in the courts of that State.

13. Trade-In Machinery

Where the Seller agrees to accept machinery from the Buyer as part of a trade-in, the Buyer warrants that:

• i. they are the legal owner of the machinery being traded;
• ii. the machinery is free from any encumbrances, including finance, lease, or hire purchase agreements; and
• iii. the machinery is not subject to any third-party claims.

The Buyer indemnifies the Seller against any loss, cost, or claim arising from a breach of this warranty, including any claim made by a finance company or third party asserting an interest in the traded machinery.