Terms & Conditions

1. Definitions

"Company", "we", "us" means Liftequipt Pty Ltd trading as Bobcat Industrial Equipment Australia. "Customer", "you" means the party hiring the Equipment. "Equipment" means any equipment, accessory or attachment supplied for hire. "Site" means the address where the Equipment will be used. "Business Day" means a day other than a Saturday, Sunday or public holiday in the state where the hire is supplied.

2. Hire Period

• Hire commences on the earlier of delivery/collection and continues until the Equipment is returned and receipted by us.
• Daily, weekly and monthly rates are based on standard single‑shift usage unless stated otherwise.
• Minimum hire charges may apply. Partial days may be charged as full days.
• Extensions must be requested prior to the end of the current period and may be subject to availability.

3. Delivery & Collection

• Delivery and collection are chargeable services unless otherwise agreed in writing.
• The Customer must provide safe, timely access for delivery/collection including suitable unloading facilities.
• Waiting time, failed delivery or aborted collection will be charged at prevailing rates.

4. Risk, Title & PPSA

• Risk passes to the Customer upon delivery and remains until the Equipment is returned and receipted.
• Title never passes to the Customer. Do not sell, encumber, sub‑hire or move interstate without consent.
• Customer grants a security interest to the Company over the Equipment and proceeds; PPSA applies.

5. Insurance

• Maintain public liability (AU$20m recommended) and property insurance covering loss/damage for full replacement value.
• Evidence of insurance must be provided upon request. Optional damage waiver (if offered) is subject to its own terms.

6. Use, Care & Maintenance

• Use by competent, licensed operators per manufacturer instructions and all applicable laws.
• No hazardous or abnormal use (overloading, incorrect fuels/fluids). Perform daily checks; use genuine parts/consumables.
• Repairs by our authorised technicians unless we approve otherwise in writing.

7. Breakdowns & Repairs

• Report breakdowns immediately. We will use reasonable efforts to repair or replace.
• No hire charge during verified mechanical breakdowns not caused by misuse/neglect. Transport/labour may still apply.

8. Loss, Theft & Damage

• Customer is responsible for all loss, theft or damage (fair wear and tear excepted) from delivery until return.
• Incidents must be reported immediately and to police where applicable. Missing accessories are charged at replacement cost.

9. Charges & Payment

• Hire charges accrue for the entire Hire Period at the agreed rate, plus delivery/collection, fuel, consumables, tolls, levies and other on‑costs.
• Payment terms as per invoice/credit arrangement. GST applies. Security deposits or pre‑authorisations may be required.

10. Termination & Recovery

• We may terminate for breach, insolvency, safety concerns or non‑payment. On termination, cease use and make the Equipment available for collection.
• Early off‑hire does not entitle a refund of minimum charges unless agreed in writing.

11. Liability & Indemnities

• To the maximum extent permitted by law, we exclude implied warranties; our liability is limited to repair/replace/resupply or cost thereof.
• Customer indemnifies us for claims arising from use/possession/operation, except to the extent caused by our negligence.

12. General

• Comply with WHS/OH&S, road, environmental and site rules at all times.
• No assignment without consent. Force Majeure may apply. Governing law: Western Australia.

Last updated: 22 December 2025

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

2. CONTRACT

2.1 Application

Goods and/or Services are supplied only on these Conditions.

2.2 Orders & Acceptance

All Orders must be placed in the manner required and are subject to acceptance. We may accept or decline any Order in whole or in part.

2.3 No Variations

Variations require written consent by an authorised officer. Customer terms in purchase orders have no effect.

2.4 Formation

A Contract is formed only when we accept an Order in writing.

2.5 Quotations

Quotations are valid for 30 days unless stated otherwise and do not constitute an offer.

3. DESIGN AND SPECIFICATIONS

Specifications and illustrations are approximations. We may vary design/specifications without notice if not materially affecting quality or fitness for purpose.

4. TRADING ACCOUNT AND CREDIT

Account applications may be approved/declined at our discretion; we may review, vary, suspend or withdraw credit at any time.

5. PRICE, DEPOSITS AND PAYMENT

Unless stated otherwise, Price is exclusive of GST, delivery, installation, insurance, packaging, storage, duties and charges. Payment terms per invoice/credit arrangement. Interest may apply to late payments; recovery costs are payable.

6. DELIVERY

Delivery dates are estimates; delay does not entitle refusal or termination. You must provide safe access and assistance; failed delivery may incur storage/re‑delivery.

7. COMPLETION, INSPECTION AND ACCEPTANCE

Services complete on notification. Inspect within 2 Business Days; acceptance occurs on use or failure to reject.

8. RISK, TITLE AND INSURANCE

Risk passes on delivery. Title passes on full payment. Retention of title applies; insurance for full replacement value required until title passes.

9. WARRANTIES

Consumer Law preserved. New Goods covered by manufacturer warranty or 12 months if none; used/remanufactured sold as‑is unless agreed.

10. WARRANTY CLAIMS AND REPAIRS

Notify defects within 7 days with evidence. Remedies: repair, replace or refund at our option. Transportation costs per Consumer Law.

11. INSTALLATION AND COMMISSIONING

Customer must provide suitable site conditions; delays and improper installation are at Customer risk.

12. RETURNS

No change‑of‑mind returns. Approved returns may attract restocking fees; custom/special orders non‑returnable unless faulty under law.

13. DELAY AND EVENTS OUTSIDE CONTROL

Force majeure applies; suspension/extension; termination after prolonged events.

14. VARIATIONS

Variation requests must be in writing; Price/dates adjusted accordingly.

15. CANCELLATION BY CUSTOMER

Cancellation subject to our consent; fees may apply including percentage of Price and any losses.

16. DEFAULT, SUSPENSION AND TERMINATION

Default events include non‑payment, breach, insolvency. We may suspend, terminate and exercise remedies.

17. CANCELLATION OR TERMINATION BY LIFT EQUIPT

We may cancel prior to delivery; manufacturer discontinuation may lead to substitution or refund.

18. LIMITATION OF LIABILITY

Consumer Law preserved; consequential loss excluded; maximum liability limited to Price paid/payable.

19. PPSA AND SECURITY INTEREST

Security interest over Goods and proceeds; PPSR registration; waivers of certain PPSA rights to extent permitted.

20. LIEN OVER SERVICED GOODS

We have a lien over Goods we service and may sell after non‑payment to recover costs.

21. CONFIDENTIALITY

Each party must keep confidential information secure except as permitted by law.

22. PRIVACY

We collect and use personal information per our Privacy Policy. Details on access, correction and complaints are available on our policy page.

23. GST

Amounts are GST‑exclusive unless stated; GST payable on taxable supplies; tax invoice provided.

24. NOTICES

Notices may be delivered by hand, post, email or facsimile; deemed receipt rules apply.

25. DISPUTES

Good‑faith negotiation then mediation; obligations continue during disputes.

26. ASSIGNMENT AND SUBCONTRACTING

No assignment by Customer without consent; we may assign/subcontract.

27. SET OFF

We may set off amounts owing; Customer must not set off except as required by law.

28. JURISDICTION

Governing law: Western Australia; non‑exclusive jurisdiction.

29. GENERAL

Entire agreement, severability, waiver, no partnership, counterparts, survival.

Last updated: 22 December 2025