General Terms

Terms and Conditions of Use

The use of this website is subject to the Terms of Use as detailed below in conjunction with our standard Terms and Conditions for the supply of Goods and Services which together constitute the full agreement between you the client and ourselves. By using this website you acknowledge that you have read, accepted and agree to be bound by both of these sets of Terms and Conditions.

If you intend to transact through this website (i.e. purchase Goods and/or Services) then you warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.

If you do not agree with or do not wish to accept the Terms and Conditions relating to this website, then please do not use this website. You are also advised that failure to accept our Terms and Conditions may result in your inability to access certain sections of this website.


Privacy Policy

We are committed to protecting your Privacy in accordance with National Privacy Principles. We also recognise that when you choose to provide us information about yourself that you trust us to act responsibly and in your best interests therefore we have the following policies in place to protect your personal information.

Storing Your Information

We will take all reasonable steps to ensure that your information held by us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this Privacy Policy. We will maintain security safeguards to protect your information and will take all reasonable steps to ensure that your information is not disclosed to any unauthorised person or entity.

Securing Your Information

When making a transaction through this website your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that your information can not be read by or altered by outside influences.

Information We Collect

When you request Goods or Services we may collect personal information supplied by you when you complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable us to process your transactions efficiently, analyse our website services and enable us to provide a higher level of customer service (which may include informative or promotional activities).

We may also collect the following information/tracking data for statistical purposes and to help us understand how to make our website more available and user friendly for you and to measure the success of any advertising activities we may under take:
(a) Your IP address.
(b) The date and time of your visits to our website.
(c) Your clicks and activity on this site.
(d) The referring site if any through which you clicked through to this site.
(e) Technical information on your browser, device and operating systems.

Information We Release

We will only release information about you as authorised by yourself, required by law or where required in order for us to provide Goods or Services to yourself e.g. to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.

We will not release your information for any purpose which you could reasonably expect us not to release the information.

Except as detailed above we do not share, give, sell, rent, or lease information to third parties and your personal information will only be disclosed to those employees within our organisation who have a need to know in order to ensure you are provided with information about our products and Services or to request Goods and Services through this website.

Under the Privacy Act legislation you can ask to see any information we may hold about you and you also have the right to have any inaccuracies in the same corrected by us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of your request.

Further information may be obtained from the Office of Federal Privacy Commissioner and/or at www.privacy.gov.au

Cookies

Our website uses a technology called cookies (a small element of data that our website may send to your computer) that may be used to provide you with specific information for the purpose of us tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable our website to recognise you when you return to the same.

Mailing Lists

If at any time you are on a mailing list of ours then you may request to be removed from the same and we will comply with your request if there is no unsubscribe button provided then please contact us with your request using the Contact Us section of this website.

Returns, Damaged or Defective Goods

Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in our standard Terms and Conditions for the supply of Goods and Services. We shall not accept returns for change of mind or if you make a wrong decision unless due to our negligence or incorrect information supplied by ourselves.

Copyright and Trademarks

The contents of this website are at all times the copyright or trademark property of either ourselves, our suppliers or linked third parties and you may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of us, our suppliers or linked third parties (each as applicable). Furthermore you agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with clause.

Advertisers and Linked Sites

The display on our website of any advertiser or the provision of a link to third party websites does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the Privacy policies of any third party website immediately you access such a site.

We shall accept no liability in regards to any dealings, promotions or activities between yourself and advertisers or third party providers.

Specifications and Information

Specifications and information provided on this website are given in good faith based on our knowledge, experience, or information provided to us by manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by us, therefore it is recommended if you have any concerns as to the suitability of Goods or Services provided through this website in respect of the use of the Goods or Services or their suitability for a particular use that you contact us or seek external professional opinion.

You acknowledge and accept that colours of items displayed on the website may not reflect the true and actual colour of such items as this may be affected by external influences such as the quality of images supplied to us for use, or the quality, age or settings on your monitor. If colour is a major factor in your decision making we recommend you contact us before purchase.

On-Line Ordering

Display on this website does not guarantee the availability of any particular Good(s) therefore all orders placed through this website shall be subject to confirmation of acceptance by us. Orders for Services shall be subject to confirmation of suitable timeframes between you and ourselves for provision of the Services.

Changes to Terms and Conditions

We reserve the right to change any of the Terms and Conditions displayed on this website (including our Privacy Policy) at any time by notifying you through this website that we have done so. By continuing to use this website it shall be deemed that you agree to be bound by the amended terms and conditions as notified and posted on the website.

Continuous Service

Due to the inherent nature of websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able we shall give you advanced warning of the same. We shall accept no liability in relation to website downtime whether scheduled or otherwise.

Termination of Use

These terms and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination under this clause we shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer).

Jurisdiction

This website (excluding any linked third party sites) is controlled by us from our principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the website. As each country has laws that may differ from Australia, by accessing this site, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.

You further acknowledge and agree that the filing of a claim against us (if any) must be made in New South Wales, the state in which our principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.

We make no representation that Goods or Services offered through this website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this website which is illegal in your country of domicile is strictly prohibited.

Returns Policy

Returns / Exchanges

We understand that sometimes you may need to return a product you have purchased from a Hare & Forbes Machineryhouse store, to assist you, we have set out below the Hare & Forbes Machineryhouse Returns Policy that you should know.

Our Returns Policy includes the rights you have under the Australian Consumer Law and other relevant laws.
Your Rights under the Australian Consumer Law - Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1. You shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Hare & Forbes Machineryhouse of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.

2. You shall also afford Hare & Forbes Machineryhouse the opportunity to inspect the Goods within a reasonable time following delivery if you believe the Goods are defective in any way.

3. If you shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Hare & Forbes Machineryhouse has agreed in writing that you are entitled to reject, Hare & Forbes Machineryhouse's liability is limited to either (at the Hare & Forbes Machineryhouse's discretion) replacing the Goods or repairing the Goods except where you have acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

Returns will only be accepted provided that:
(a) You have complied with the provisions outlined above, and
(b) where the Goods are unable to be repaired, the Goods are returned at your cost within thirty (30) days of the delivery date, and
(c) Hare & Forbes Machineryhouse will not be liable for Goods which have not been stored or used in a proper manner, and
(d)the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

4. Hare & Forbes Machineryhouse may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.

5. Where a failure does not amount to a major failure, Hare & Forbes Machineryhouse is entitled to choose between providing you with a repair, replacement or other suitable remedy.

6. Your rights under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. Hare & Forbes Machineryhouse adopts the same approach. As you can appreciate, the type of remedy we can offer you may also vary depending on how long it takes you to return the product to us.

Goods may be returned to Hare & Forbes Machineryhouse provided that:
(i). You (the purchaser) must return your goods within 14 days of the intial request.
(ii). A return authorisation is not a credit note, and it is not an agreement for replacement or refund, this will be determined upon the receipt of your goods to the designated Hare & Forbes Machineryhouse Branch.
(iii). Prior approval or a reference 'return authorisation number' must be provided by Hare & Forbes Machineryhouse.
(iv). Refunds will only be processed if the goods are returned in original packaging and in a re-sellable condition except where special arrangements have been made.
(v). The buyer is responsible for all freight costs except where special arrangements have been made or goods have been incorrectly supplied.
(vi). All necessary information is supplied by you the purchaser.
(vii). If the above conditions are not met, Hare & Forbes Machineryhouse reserves the right, at its own discretion to cancel and dishonour a 'return authorisation' request.



Warranty Terms

Warranty

1. Subject to the conditions of warranty set out in clause 2, Hare & Forbes Machineryhouse warrants that if any defect in any workmanship of Hare & Forbes Machineryhouse becomes apparent and is reported to Hare & Forbes Machineryhouse within twelve (12) months of the date of delivery (time being of the essence) then Hare & Forbes Machineryhouse will either (at Hare & Forbes Machineryhouse's sole discretion) repair the defect or replace the workmanship.

2. The conditions applicable to the warranty given by clause 1 are:

(a) the warranty applies on the basis of the Goods being used on the equivalent of a single daily eight (8) hour shift.

(b) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Buyer to properly maintain any Goods
or
(ii) failure on the part of the Buyer to follow any instructions or guidelines provided by Hare & Forbes Machineryhouse
or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form
or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user
or
(v) fair wear and tear of the Goods or any part thereof including but not limited to belts, cables, fuses and filters
or
(vi) misuse, neglect, accident, vandalism, damage in transit or any act of God.

(c) the warranty shall cease and Hare & Forbes Machineryhouse shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Hare & Forbes Machineryhouse's consent.

(d) in respect of all claims Hare & Forbes Machineryhouse shall not be liable to compensate the Buyer for any delay in either replacing or remedying the workmanship or in properly assessing the Buyer's claim.

3. For Goods not manufactured by Hare & Forbes Machineryhouse, the warranty shall be the current warranty provided by the manufacturer of the Goods. Hare & Forbes Machineryhouse shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

4. In the case of second hand Goods, the Buyer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by Hare & Forbes Machineryhouse as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. Hare & Forbes Machineryhouse shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.


Trading Terms

Trading Terms Policy

1. Definitions
1.1 "Seller" means Hare & Forbes Pty Ltd T/A Hare & Forbes Machinery House, its successors and assigns or any person acting on behalf of and with the authority of Hare & Forbes Pty Ltd T/A Hare & Forbes Machinery House.
1.2 "Buyer" means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Buyer is a reference to each Buyer jointly and severally.
1.3 "Goods" means all Goods or Services supplied by the Seller to the Buyer at the Buyer's request from time to time (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
1.4 "Installation" shall mean the levelling and positioning of the Goods, removal of travel clamps, aligning of any auxiliary equipment, and checking and adjusting where necessary all lubricant levels but DOES NOT include the provision of a level site of sufficient strength capability for the Goods, or the connection of all necessary air and power supplies to the machine, the provision of which is the sole responsibility of the Buyer.
1.5 "Price" means the Price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 5 below.

2. Acceptance
2.1 The Buyer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with the Seller's consent in writing and shall prevail to the extent of any inconsistency with any other document, purchase order or agreement between the Buyer and the Seller.
2.3 None of the Seller's agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
2.4 The Buyer:
(a) agrees that it does not rely on the skill or judgment of the Seller in relation to the suitability of the Goods for any particular purpose unless it has indicated that purpose in writing to the Seller and the Seller has acknowledged in writing that the Goods will be fit for that purpose
and
(b) acknowledges that it has chosen the Goods relying on its own skill, expertise and experience.
(c) acknowledges that delivery lead times advised by the Seller are indicative only and shall not be binding on the Seller.

3. Change in Control
3.1 The Buyer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Buyer and/or any other change in the Buyer's details (including but not limited to, changes in the Buyer's name, address, contact phone or fax number/s, or business practice). The Buyer shall be liable for any loss incurred by the Seller as a result of the Buyer's failure to comply with this clause.

4. Goods
4.1 Unless otherwise agreed in writing, any Goods supplied by the Seller to the Buyer shall be deemed to operate satisfactorily if the Goods operate in accordance with the relevant specifications of the manufacturer of the Goods.
4.2 The Buyer acknowledges that the ability of the Goods to operate satisfactorily in accordance with their specifications is dependent upon the proper layout and maintenance of the Goods and all parts thereof, proper material control and other factors:
(a) for which the Buyer is responsible
and
(b) which are beyond the control of the Seller.
4.3 Unless otherwise agreed in writing, the Goods shall be supplied to the manufacturer's standard finish and dimensions. Neither the Seller nor the manufacturer accepts any responsibility or liability whatsoever should the colour, designs or dimensions of the Goods vary from the colour, designs or dimensions contained in any product catalogue, brochure or other promotional or information document in respect of the Goods.

5. Price and Payment
5.1 At the Seller's sole discretion the Price shall be either:
(a) as indicated on any invoice provided by the Seller to the Buyer
or
(b) the Price as at the date of delivery of the Goods according to the Seller's current price list
or
(c) the Seller's quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 The Seller reserves the right to change the Price if a variation to the Seller's quotation is requested. Any variation from the plan of scheduled works or specifications will be charged for on the basis of the Seller's quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion. The Seller reserves the right to charge the Buyer for any fluctuation in foreign exchange currency rates resulting in an increase in the cost to the Seller of obtaining the Goods or delivering the Goods to the Buyer. The Buyer acknowledges that any sum charged by the Seller in respect of such fluctuation shall be based upon the entire Purchase Price, irrespective of whether a deposit has been paid by the Buyer.
5.3 At the Seller's sole discretion a deposit may be required, the amount, or percentage of the Price, will be stipulated and shall become immediately due and payable.
5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Buyer on the date/s determined by the Seller, which may be:
(a) on delivery of the Goods

(b) before delivery of the Goods

(c) by way of instalments/progress payments in accordance with the Seller's payment schedule

(d) thirty (30) days following the end of the month in which a statement is posted to the Buyer's address or address for notices

(e) the date specified on any invoice or other form as being the date for payment
or
(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Buyer by the Seller.
5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to one percent (1%) of the Price), or by any other method as agreed to between the Buyer and the Seller.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Buyer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Buyer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Buyer pays the Price. In addition the Buyer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Delivery of Goods
6.1 At the Seller's sole discretion delivery of the Goods shall take place when the Buyer takes possession of the Goods at the Buyer's nominated address (in the event that the Goods are delivered by the Seller or the Seller's nominated carrier). The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Buyer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.
6.2 Unless otherwise agreed in writing:
(a) the Seller shall arrange for transport of the Goods to the Buyer's specified delivery point
and
(b) the Seller is entitled to charge a delivery fee for such transport. The delivery fee shall be due and payable by the Buyer on the date for payment of the Price
but
(c) the Buyer is responsible for unloading the Goods from the transport vehicle
or
(d) if no delivery point has been specified by the Buyer, the Buyer shall collect the Goods from the Seller's premises within seven (7) days of the Seller notifying the Buyer that the Goods are ready for collection.
6.3 If the Seller notifies the Buyer that the Goods are ready for transport or collection and the Buyer requests the Seller to hold the Goods, or where clause 6.2(d) applies and the Buyer does not collect the Goods within seven (7) days of notification by the Seller that the Goods are ready for collection then:
(a) the Seller shall hold the Goods
and
(b) delivery shall be deemed to have occurred and the Goods shall be at the Buyer's risk from the time of the Buyer's request or failure to collect as per 6.2(d)
and
(c) the Seller shall be entitled to charge storage fees in respect of the Goods so stored. Storage fees shall be due and payable by the Buyer on the date for payment of the Price.
6.4 If the Seller has agreed in writing to install the Goods, then:
(a) the Seller shall arrange for the installation of the Goods
and
(b) the Seller is entitled to charge a fee for the installation. The installation fee shall be due and payable by the Buyer on the date for payment of the Price.
6.5 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.
6.6 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.7 The Seller may extend the anticipated delivery date without consultation with the Buyer. Where such an extension occurs, the Seller shall notify the Buyer of the extension as soon thereafter as is reasonably practicable.
6.8 In the event of any delay or failure to deliver, arising from any circumstances including but not limited to a force majeure occurrence

(a) the Seller shall not be liable to any claims by the Buyer or for any loss, damage or expense suffered or incurred by the Buyer including consequential loss or damage whatsoever or howsoever arising out of that delay or failure
and
(b) the delay or failure shall not

(i) relieve the Buyer of its obligation to pay the Purchase Price
or
(ii) permit the Buyer to rescind the Contract and/or reject the Goods.
6.9 Any time or date given by the Seller to the Buyer is an estimate only. The Buyer must still accept delivery of the Goods even if late and the Seller will not be liable for any loss or damage incurred by the Buyer as a result of the delivery being late.
7. Risk
7.1 If the Seller retains ownership of the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
7.2 Delivery of the Goods shall be deemed to occur and the Goods shall be at the Buyer's risk, (subject to clause 6.3 above), and:
(a) in the case of transport to the Buyer's specified delivery point, upon the commencement of the unloading of the Goods from the transport vehicle
or
(b) in the case of collection by the Buyer from the Seller's premises, upon the commencement of the loading of the Goods onto the Buyer's vehicle
or
(c) in the case of installation the risk in the goods passes to the Buyer upon installation.
7.3 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Buyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller's rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

8. Title
8.1 The Seller and the Buyer agree that ownership of the Goods shall not pass until:
(a) the Buyer has paid the Seller all amounts owing to the Seller
and
(b) the Buyer has met all of its other obligations to the Seller.
8.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
8.3 It is further agreed that:
(a) until ownership of the Goods passes to the Buyer in accordance with clause 8.1 that the Buyer is only a bailee of the Goods and must return the Goods to the Seller on request.
(b) the Buyer holds the benefit of the Buyer's insurance of the Goods on trust for the Seller and must pay to the Seller the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Buyer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Buyer sells, disposes or parts with possession of the Goods then the Buyer must hold the proceeds of any such act on trust for the Seller and must pay or deliver the proceeds to the Seller on demand.
(d) the Buyer should not convert or process the Goods or intermix them with other goods but if the Buyer does so then the Buyer holds the resulting product on trust for the benefit of the Seller and must sell, dispose of or return the resulting product to the Seller as it so directs.
(e) the Buyer irrevocably authorises the Seller to enter any premises where the Seller believes the Goods are kept and recover possession of the Goods.
(f) the Seller may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Buyer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Seller.
(h) the Seller may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Buyer.

9. Personal Property Securities Act 2009 ("PPSA")
9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
9.2 Upon assenting to these terms and conditions in writing the Buyer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Seller to the Buyer.
9.3 The Buyer undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register

(ii) register any other document required to be registered by the PPSA
or
(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii)

(b) indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby

(c) not register a financing change statement in respect of a security interest without the prior written consent of the Seller

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Seller

(e) immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
9.4 The Seller and the Buyer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
9.5 The Buyer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
9.6 The Buyer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
9.7 Unless otherwise agreed to in writing by the Seller, the Buyer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
9.8 The Buyer must unconditionally ratify any actions taken by the Seller under clauses 9.3 to 9.5.
9.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
10.1 The Buyer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Seller in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Buyer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Buyer must allow the Seller to inspect the Goods.
10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
10.3 The Seller acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
10.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Seller's liability in respect of these warranties is limited to the fullest extent permitted by law.
10.5 If the Buyer is a consumer within the meaning of the CCA, the Seller's liability is limited to the extent permitted by section 64A of Schedule 2.
10.6 If the Seller is required to replace the Goods under this clause or the CCA, but is unable to do so, the Seller may refund any money the Buyer has paid for the Goods.
10.7 If the Buyer is not a consumer within the meaning of the CCA, the Seller's liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Buyer by the Seller at the Seller's sole discretion

(b) limited to any warranty to which the Seller is entitled, if the Seller did not manufacture the Goods

(c) otherwise negated absolutely.
10.8 Subject to this clause 10, returns will only be accepted provided that:
(a) the Buyer has complied with the provisions of clause 10.1
and
(b) the Seller has agreed that the Goods are defective
and
(c) the Goods are returned within a reasonable time at the Buyer's cost (if that cost is not significant)
and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
10.9 Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, the Seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Buyer failing to properly maintain or store any Goods

(b) the Buyer using the Goods for any purpose other than that for which they were designed

(c) the Buyer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user

(d) the Buyer failing to follow any instructions or guidelines provided by the Seller

(e) fair wear and tear, any accident, or act of God.
10.10 In the case of second hand Goods, unless the Buyer is a consumer under the CCA, the Buyer acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Buyer acknowledges and agrees that the Seller has agreed to provide the Buyer with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 10.10.
10.11 The Seller may in its absolute discretion accept non-defective Goods for return in which case the Seller may require the Buyer to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.
10.12 Notwithstanding anything contained in this clause if the Seller is required by a law to accept a return then the Seller will only accept a return on the conditions imposed by that law.

11. Intellectual Property
11.1 Where the Seller has designed, drawn or developed Goods for the Buyer, then the copyright in any designs and drawings and documents shall remain the property of the Seller.

12. Default and Consequences of Default
12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
12.2 If the Buyer owes the Seller any money the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Seller's collection agency costs, and bank dishonour fees).
12.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment) under these terms and conditions the Seller may suspend or terminate the supply of Goods to the Buyer. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller has exercised its rights under this clause.
12.4 Without prejudice to the Seller's other remedies at law the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable if:
(a) any money payable to the Seller becomes overdue, or in the Seller's opinion the Buyer will be unable to make a payment when it falls due

(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors
or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer.

13. Cancellation
13.1 The Seller may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Buyer. On giving such notice the Seller shall repay to the Buyer any money paid by the Buyer for the Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
13.2 In the event that the Buyer cancels delivery of Goods the Buyer shall be liable for any and all loss incurred (whether direct or indirect) by the Seller as a direct result of the cancellation (including, but not limited to, any loss of profits).
13.3 Cancellation of orders for Goods made to the Buyer's specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

14. Privacy Act 1988
14.1 The Buyer agrees for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Buyer in relation to credit provided by the Seller.
14.2 The Buyer agrees that the Seller may exchange information about the Buyer with those credit providers either named as trade referees by the Buyer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Buyer
and/or
(b) to notify other credit providers of a default by the Buyer
and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers
and/or
(d) to assess the creditworthiness of the Buyer.
The Buyer understands that the information exchanged can include anything about the Buyer's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
14.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4 The Buyer agrees that personal credit information provided may be used and retained by the Seller for the following purposes (and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time):
(a) the provision of Goods
and/or
(b) the marketing of Goods by the Seller, its agents or distributors
and/or
(c) analysing, verifying and/or checking the Buyer's credit, payment and/or status in relation to the provision of Goods
and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Buyer
and/or
(e) enabling the daily operation of Buyer's account and/or the collection of amounts outstanding in the Buyer's account in relation to the Goods.
14.5 The Seller may give information about the Buyer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Buyer

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer.
14.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Buyer's name, sex, address, previous addresses, date of birth, name of employer and driver's licence number)

(b) details concerning the Buyer's application for credit or commercial credit and the amount requested

(c) advice that the Seller is a current credit provider to the Buyer

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started

(e) that the Buyer's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed

(f) information that, in the opinion of the Seller, the Buyer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Buyer's credit obligations)

(g) advice that cheques drawn by the Buyer for one hundred dollars ($100) or more, have been dishonoured more than once

(h) that credit provided to the Buyer by the Seller has been paid or otherwise discharged.

15. Unpaid Seller's Rights
15.1 Where the Buyer has left any item with the Seller for repair, modification, exchange or for the Seller to perform any other service in relation to the item and the Seller has not received or been tendered the whole of any moneys owing to it by the Buyer, the Seller shall have, until all moneys owing to the Seller are paid:
(a) a lien on the item
and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
15.2 The lien of the Seller shall continue despite the commencement of proceedings, or judgment for any moneys owing to the Seller having been obtained against the Buyer.

16. Limitation of Liability and Indemnity
16.1 Save where otherwise expressly provided in the Contract, the Seller shall not be liable for any claim, loss, damage or expense, whether direct or indirect (including consequential loss or damage) arising out of any:
(a) breach of contract by the Seller

(b) negligence of the Seller, its employees or agents
or
(c) act or omission of the Seller in connection with the Goods.
16.2 The Seller shall not be liable for any defect, damage or other malfunction caused to the Goods by misuse, neglect, accident, vandalism, damage in transit, normal wear and tear, alteration, modification or unusual physical, environmental or electrical stress.
16.3 Without prejudice to any other rights the Seller may have against the Buyer, and to the extent permitted by law, the Buyer hereby agrees to indemnify and keep indemnified the Seller against any loss, damage or expense (including, without limitation, costs, whether or not the subject of a court order) incurred by it should the Buyer breach the Contract or cancel any order or part thereof for the Goods after entry into the Contract.
16.4 Nothing in the Contract shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (CCA), Fair Trading Act or PPSA) and which by law cannot be excluded, restricted or modified.

17. General
17.1 The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller's right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which the Seller has its principal place of business, and are subject to the jurisdiction of the courts in New South Wales.
17.3 Subject to clause 10 the Seller shall be under no liability whatsoever to the Buyer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions (alternatively the Seller's liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
17.4 The Buyer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Buyer by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.
17.5 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer's consent.
17.6 The Buyer agrees that the Seller may amend these terms and conditions at any time. If the Seller makes a change to these terms and conditions, then that change will take effect from the date on which the Seller notifies the Buyer of such change. The Buyer will be taken to have accepted such changes if the Buyer makes a further request for the Seller to provide Goods to the Buyer.
17.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
17.8 The Buyer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.


Gift Cards

Gift Card Terms & Conditions

All Hare & Forbes gift cards are provided with the following terms and conditions:

1. Gift cards are available instore only and can only be redeemed instore or over the phone.
2. Gift cards and unused portions of gift cards should be redeemed within 24 months from the date of issue, which is the "expiry" date included on the gift card.
3. Gift cards will only be issued once the original transaction is completed and paid in full by cleared funds.
4. Gift cards are not redeemable for cash and cannot be returned for a cash refund.
5. Your Gift card must be kept secure as lost or stolen gift cards cannot be replaced.
6. Any unused balance will be placed in the recipient's gift card account and is not transferable. The original expiration date will apply to any unused balance.
7. If your order exceeds the amount of your gift card, you must pay the balance.
8. Product returns will be refunded with a new gift card at the same amount when purchased and any outstanding balance owing will be refunded in the same payment method when originally purchased.
9. These terms and conditions are in addition to our standard trading terms which can be viewed online.

Promotional Codes

Promotional Codes - Terms & Conditions

Hare & Forbes Machineryhouse promotional codes may be obtained via email or print promotional material.

Promotional Codes may be used only towards the purchase of qualifying items listed on the Hare & Forbes Machineryhouse website.

Promotional Codes entitle you to a saving on new orders of Qualifying Items placed on the Website. Details of the applicable discount or saving entitlement and price calculation will be shown with the description in the email or print material providing you with the promotional code.

A Promotional Code may only be used:
in a single, new purchase order of one or more Qualifying Items. Promotional Codes may not be used on any existing orders and
in the period of time specified in the email or print material accompanying the Promotional Code. The expiry date of the Offer Period for each Promotional Code is clearly shown on the email or print material accompanying the Promotional Code and, after the expiry date, Promotional Codes are no longer valid.

Hare & Forbes Machineryhouse reserves the right not to process Orders where it determines that the Promotional Code used is invalid for the Order being placed.

The placing of an Order is subject to availability and Hare & Forbes Machineryhouse reserves the right to amend, withdraw or terminate the validity of any Promotional Code at any time.

Promotional Codes may not to be used in conjunction with any other promotional code. The Website is updated regularly and Promotional Codes may only be used in relation to clearly demarcated Qualifying Items at the time of placing the Order.

Promotional Codes may be used online or instore.

Promotional Codes may be used in conjunction with Discount Vouchers.

Promotional Codes may not be exchanged for cash, credit or Gift Certificates.

If a Promotional Code is used and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid and your Promotional Code will no longer be valid.

Free Gift items cannot be returned for credit, or exchanged for other items, and also not redeemable for cash, free gifts are still subject to standard warranty terms.

Returning items that incurred Free Gifts will be subject to our standard returns policy, and all items including free gifts must be returned prior any credit or refund is given.

Hare & Forbes Machineryhouse reserves the right to amend, change and/or waive these ‘Promotional Codes – Terms and Conditions’ at any time.






Discount Vouchers

Discount Vouchers Terms & Conditions

Vouchers are redeemable only on the Hare & Forbes Machineryhouse website and are intended for online orders only.

Each Voucher is identified by a Voucher Code and has different requirements and rewards. Please check your Voucher — all requirements stated on the Voucher must be met to receive the discount.

Voucher values are as specified on the Voucher.

Vouchers are intended for single use only. Limit one (1) Voucher per redemption. Only one Voucher can be used per order.

A Voucher may not be used in conjunction with the purchase of products sold by or under the brands of third parties, including, but not limited to, Hare & Forbes Machineryhouse affiliates or third-party merchants (including Web sites linked to any existing Hare & Forbes Machineryhouse website).

In the case of a multiple-item order, the value of the Voucher is allocated to each item based on the proportion of the item’s value to the total value of all items, excluding shipping charges.

Certain items may not be eligible for discount.

A Voucher cannot be used to pay for shipping and handling, or other charges.

If your Voucher has a minimum purchase requirement, shipping and handling, and other charges do not apply towards the minimum purchase amount.

Some promotional offers may not be combined with other offers in the same order. Note: only one Voucher code may be used per order.

Each Voucher is valid for a limited time only and expires on the date specified in the offer.

Reproduction, sale or trade of any Voucher is prohibited and are not redeemable for cash.

Voucher cannot be replaced if lost, stolen, or deleted.

A voucher cannot be applied to orders previously placed with Hare & Forbes Machineryhouse.

If a Voucher is used and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid and your Voucher will no longer be valid.

If a Voucher is redeemed on a multiple item order, the value of the Voucher is divided equally between those items. If one of those items is cancelled, rejected, or issued either a full or partial refund, the Voucher savings cannot be transferred to the remaining items in the order.

Free Gift items cannot be returned for credit, or exchanged for other items, and also not redeemable for cash, free gifts are still subject to standard warranty terms.

Returning items that incurred Free Gifts will be subject to our standard returns policy, and all items including free gifts must be returned prior any credit or refund is given.

Hare & Forbes Machineryhouse reserves the right to discontinue a Voucher at any time.





Small Business Tax

Small Business Tax

Growing jobs and small business – expanding accelerated depreciation for small businesses:

New laws have passed that allow small businesses to claim an immediate deduction for assets they start to use – or have installed ready for use – provided each depreciable asset costs less than $20,000. This will temporarily replace the previous instant asset write-off threshold of $1,000.

This measure starts 7.30pm (AEST) 12 May 2015 and will end on 30 June 2017.

The balance of the general small business pool is also immediately deducted if the balance is less than $20,000 at the end of an income year that ends on or after 12 May 2015 and on or before 30 June 2017 (including existing general small business pool).

The current 'lock out' laws will also be suspended for the simplified depreciation rules (these prevent small businesses from re-entering the simplified depreciation regime for five years if they have opted out) until the end of 30 June 2017.

Assets excluded from these depreciation rules include horticultural plants and in-house software allocated to a software development pool. In most cases specific depreciation rules apply to these excluded assets.

Assets that cost $20,000 or more (which can't be immediately deducted under other provisions) are deducted over time using the general small business pool. Under the pooling mechanism a deduction for 15 per cent of the cost is allowed in the first income year with a diminishing value rate of 30 per cent deduction on the opening pool balance allowed for each income year thereafter.

Who is eligible?
Any business that meets the definition of a small business entity, that is one with an aggregated turnover less than $2 million, may be eligible to claim an immediate deduction for the cost of depreciating assets acquired for less than $20,000.

What was the previous law?
Small businesses could elect to use the ‘simplified depreciation rules’. From 1 January 2014 these rules allowed small businesses to claim an immediate deduction for the cost of assets acquired for less than $1,000. Assets that cost $1,000 or more were added to the general small business pool with a percentage of the pool balance at year end being deducted. 15 per cent of the cost of assets added to the pool during an income year is deductible in that year, with 30 per cent diminishing value rate of the opening pool balance being deductible for each year thereafter.
You claim the deduction in the year in which the asset is first used or installed ready for use. Businesses also need to ensure that they only claim a deduction to the extent to which the asset is used in an income earning activity for a taxable purpose.

What has changed?
The threshold for immediate deductibility has increased to $20,000 from 7.30pm (AEST) 12 May 2015. The increased threshold will apply until 30 June 2017. The threshold for the low pool value rules will also be increased to $20,000 until the end of June 2017.
You will continue to claim the deduction in the year in which the asset is first used or installed ready for use.

What does this mean?
This means that a small business will be able to claim an immediate deduction for the cost of each and every depreciating asset that they purchase for less than $20,000.

For example, Pamela bought a second hand skid steer loader for $17,000 on 28 May 2015 which is used solely in her landscaping business. As the depreciating asset cost less than $20,000, Pamela will be able to claim an immediate deduction for this asset.

For depreciating assets costing $20,000 or more, small businesses can elect to use the pooling arrangements and depreciate the cost of such assets at 15 per cent in the first year and a diminishing value rate of 30 per cent on the opening pool value each year thereafter.

For example, Owen bought a new hydraulic press for $40,000 on 28 May 2015 which is used solely in his manufacturing business. As the depreciating asset costs at least $20,000, Owen cannot claim an immediate deduction for this asset. Owen will add the asset to his general small business pool.
The low pool value threshold will also increase to $20,000. This means that an immediate deduction is applied if the pool balance is less than $20,000 at the end of an income year that ends on or after 12 May 2015 and on or before 30 June 2017.

These changes will apply to assets acquired between 7.30pm (AEST), 12 May 2015 and 30 June 2017.

How will the change be monitored?
The rules around asset eligibility do not change. That is, if a depreciating asset was eligible for immediate deductibility under the $1,000 threshold applicable prior to 7.30pm (AEST), 12 May 2015, it will continue to be deductible under the new $20,000 threshold that is applicable for the period between 7.30 PM 12 May 2015 and 30 June 2017.

To ensure the proposal operates as intended, the ATO will engage with small businesses based on their behaviour and choices. This will include providing clear guidance so that businesses intending to utilise the simplified depreciation provisions find it as easy as possible to do so.

If small businesses exhibit behaviours that indicate a high level of risk, they can expect a higher level of interaction with the ATO. The ATO has a risk-based program to identify taxpayers that are not meeting their obligations and will take measured approaches to influence taxpayer behaviour.

Are all assets eligible?
All depreciating assets (including new and second hand) are eligible, except for a small number of exclusions which receive different depreciation treatment.
Excluded assets include:

•Horticultural plants - subject to their own ‘uniform capital allowance’ rules (UCA)

•Capital works – subject to their own ‘capital works’ depreciation rules

•Assets allocated to a low-value pool or software development pool - subject to the deduction rates applicable under those rules

•Primary production assets for which the entity has chosen to use the normal depreciation rules rather than the simplified depreciation rules and

•Assets leased out to another party on a depreciating asset lease.

Businesses need to ensure that they only claim a deduction in the year in which the asset is first used or installed ready for use and to the extent to which the asset is used in an income earning activity for a taxable purpose.

Are old/second hand assets eligible?
Yes, both new and old/second hand assets remain eligible for the simplified depreciation rules.

GST inclusive or exclusive?
If the entity is registered for GST, then the GST exclusive amount is taken to be the cost of the asset.

Where the entity is not registered for GST, then the GST inclusive amount is taken to be the cost of the asset.

For more information please visit www.ato.gov.au or alternatively consult with your financial advisers.