Terms of service

Welcome to Forklifts Direct Pty Ltd ("Forklifts Direct", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, services, and online store available through forkliftsdirect.com.au (the "Website").

By accessing our Website or purchasing products or services from us, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website or Services.

1. Eligibility

By using our Website, you represent that:

  • You are at least 18 years of age;

  • You have the legal capacity to enter into binding agreements;

  • Any information you provide is accurate and complete.

If you use the Website on behalf of a business or organisation, you warrant that you have authority to bind that entity to these Terms.

2. Products and Services

Forklifts Direct supplies products and services including but not limited to:

  • New forklifts

  • Used forklifts

  • Forklift hire and leasing

  • Spare parts and accessories

  • Forklift servicing and repairs

  • Technical support and warranty services

All products are subject to availability.

We reserve the right to discontinue, modify, or limit the availability of any product or service without notice.

3. Pricing and Payments

All prices displayed on the Website are in Australian Dollars (AUD) unless otherwise stated.

Prices may be changed at any time without notice.

Payment must be received in full before products are dispatched unless otherwise agreed in writing.

We reserve the right to refuse or cancel any order where:

  • Payment cannot be authorised;

  • Pricing errors have occurred;

  • Fraudulent activity is suspected;

  • Product availability changes unexpectedly.

If an order is cancelled after payment has been processed, any applicable refund will be issued to the original payment method.

4. Quotes and Product Information

Quotes provided by Forklifts Direct are valid only for the period specified in the quote.

While we make reasonable efforts to ensure product descriptions, specifications, images, and pricing are accurate, errors may occasionally occur.

Images are for illustrative purposes only and may not exactly represent the product supplied.

Forklifts Direct reserves the right to correct any errors, inaccuracies, or omissions at any time.

5. Orders and Acceptance

Submission of an order does not constitute acceptance by Forklifts Direct.

An order is only accepted when:

  • Payment is received (where applicable); and

  • We confirm acceptance of the order.

We may reject orders at our discretion.

6. Delivery and Risk

Delivery times provided are estimates only and are not guaranteed.

Forklifts Direct is not liable for delays caused by:

  • Transport providers;

  • Manufacturer delays;

  • Supply chain disruptions;

  • Events beyond our reasonable control.

Risk in goods passes to the purchaser upon delivery or collection.

Customers are responsible for inspecting products upon receipt and notifying us promptly of any issues.

7. Returns, Refunds, and Warranty Claims

Returns, refunds, and warranty claims are governed by our Refund Policy.

Except as required under Australian Consumer Law:

  • Change of mind returns are not accepted;

  • Correctly supplied products that have been delivered as ordered are generally non-returnable;

  • Warranty assessments may be required before any remedy is provided.

Nothing in these Terms limits your rights under Australian Consumer Law.

8. Australian Consumer Law

Our goods and services 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 compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

9. Website Use

You agree not to:

  • Use the Website for unlawful purposes;

  • Interfere with Website security or operation;

  • Attempt unauthorised access to systems or data;

  • Introduce viruses, malware, or harmful code;

  • Copy, reproduce, or exploit Website content without permission.

We may suspend or terminate access to users who breach these Terms.

10. Intellectual Property

All Website content including:

  • Text

  • Graphics

  • Logos

  • Product information

  • Images

  • Website design

is owned by or licensed to Forklifts Direct and is protected by applicable intellectual property laws.

No content may be copied, reproduced, distributed, or used without prior written consent.

11. Third-Party Services and Links

Our Website may contain links to third-party websites or services.

These links are provided for convenience only.

Forklifts Direct does not control and is not responsible for third-party websites, products, services, or content.

Your use of third-party services is subject to their own terms and policies.

12. Limitation of Liability

To the maximum extent permitted by law:

  • Forklifts Direct excludes all implied warranties not capable of exclusion;

  • We are not liable for indirect, incidental, special, or consequential losses;

  • Our liability is limited to the remedies available under Australian Consumer Law.

Nothing in these Terms excludes liability where such exclusion would be unlawful.

13. Indemnity

You agree to indemnify and hold harmless Forklifts Direct, its directors, employees, contractors, and agents from any claims, liabilities, damages, losses, or expenses arising from:

  • Your breach of these Terms;

  • Your misuse of the Website;

  • Your violation of any law or third-party rights.

14. Privacy

Your use of our Website and Services is also governed by our Privacy Policy.

By using our Services, you consent to the collection, use, and disclosure of personal information as described in the Privacy Policy.

15. Force Majeure

Forklifts Direct is not liable for failure or delay in performing obligations due to events beyond our reasonable control, including:

  • Natural disasters;

  • Floods;

  • Fires;

  • Industrial disputes;

  • Transport disruptions;

  • Government actions;

  • Supply chain interruptions.

16. Changes to These Terms

We may update these Terms from time to time.

Updated Terms will become effective when published on the Website.

Continued use of the Website after changes are published constitutes acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of Queensland, Australia.

Any disputes arising from these Terms or use of the Website shall be subject to the exclusive jurisdiction of the courts of Queensland.

18. Contact Us

For questions regarding these Terms, products, services, warranty claims, or general enquiries, please contact:

Forklifts Direct Pty Ltd

Email: enquiries@forkliftsdirect.com.au

Website: https://forkliftsdirect.com.au