Terms of service
1. General Application, Corporate Identity, and Branding
These Terms and Conditions govern all sales, pre-orders, and custom builds of machinery, parts, attachments, and equipment supplied by Affordable Machinery (ABN 93 661 487 574) (hereinafter referred to as "the Supplier").
All proprietary machinery imported and distributed by the Supplier is branded and marketed under the trading name "Quoll Equipment." By accessing the website, initiating a pre-order, utilizing the online Machine-Builder, or accepting delivery of goods, the Purchaser agrees to be irrevocably bound by these terms.
2. Commercial Goods and Limitation of Liability (ACL Section 64A)
The Purchaser explicitly acknowledges that the heavy machinery and equipment supplied (including, but not limited to, mini excavators, dumpers, and skid steers) constitute commercial goods ordinarily acquired for business, agricultural, or industrial operations, and are not goods ordinarily acquired for personal, domestic, or household use.
To the absolute maximum extent permitted by Section 64A of the Australian Consumer Law (ACL), the Supplier’s liability for any failure to comply with a statutory consumer guarantee is strictly and solely limited, at the Supplier’s absolute discretion, to one of the following remedies:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) The payment of the cost of having the goods repaired.
The Supplier expressly excludes all liability for any indirect, incidental, special, or consequential loss. This includes, without limitation, loss of revenue, lost profits, operational downtime, equipment hire costs, liquidated damages, or business interruption arising from the use, delay in delivery, or mechanical failure of the machinery.
3. Financial Structures: Standard Pre-Orders and Special Orders
a) Standard Pre-Orders: Standard configuration machinery requires a 30% deposit upon order initiation, a 40% staged payment upon notification of factory completion (verified via digital media), and the final 30% cleared in full prior to dispatch or collection.
b) Logistics Timeframes: Production and shipping timeframes (typically averaging 10 weeks) are estimates only.
The Supplier accepts no liability for delays caused by global supply chain disruptions, manufacturing delays, port congestion, or customs processing.
c) Standard Cancellations: Should the Purchaser cancel a Standard Pre-Order prior to delivery, the Supplier reserves the right to retain the deposit to cover incurred logistics and administrative costs.
Refunds for cancelled standard orders will only be disbursed after the machinery is successfully resold to a third party. A cancellation and remarketing fee applies: $500 AUD for machinery/items over $3,000, and $250 AUD for items under $3,000.
4. Custom Builds ("Machine-Builder" Orders) and Non-Refundable Deposits
Orders placed via the dynamic online Machine-Builder for bespoke configurations—including non-standard color palettes (body & boom), specialized optional upgrades, or unique hydraulic setups—are legally classified as "Custom Orders."
The Purchaser acknowledges that bespoke machinery possesses significantly diminished general market resale value. Consequently, once the initial deposit for a Custom Order is paid and factory production commences, the deposit is strictly non-refundable. The retention of this deposit upon cancellation represents a genuine pre-estimate of the Supplier's financial loss and factory outlays, and does not constitute a penalty.
5. Retention of Title and Passing of Risk
Legal title to all goods remains vested in the Supplier until all staged payments, invoices, and associated fees are cleared in full. The Supplier reserves the right to register a security interest on the Personal Property Securities Register (PPSR) against the goods. Risk of loss, transit damage, or theft passes to the Purchaser immediately upon collection from the Supplier's premises, or upon the loading of the goods onto the Purchaser’s nominated third-party freight carrier.