Terms & Conditions

Scholl Equipment - Heavy Equipment Repair Terms and Conditions of Service

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1. Definitions

"Client," "Customer," "You": The individual, company, or entity requesting the repair services.

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"Service Provider," "We," "Us": Scholl equipment.

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"Equipment": The heavy equipment, machinery, or components presented by the Client to the Service Provider for repair, maintenance, inspection, or other services.

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"Services": All repair, maintenance, diagnostic, inspection, parts replacement, labour, and associated services provided by the Service Provider.

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"Quote": The written estimate provided by the Service Provider detailing the anticipated costs and scope of Services.

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"Invoice": The bill issued by the Service Provider for completed Services and supplied parts.

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"ACL": Australian Consumer Law.

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"PPSA": Personal Property Securities Act 2009 (Cth).

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2. Acceptance of Terms

By requesting or authorising Services from Scholl Equipment, the Client agrees to be bound by these Terms and Conditions.

These Terms and Conditions constitute the entire agreement between the Service Provider and the Client unless otherwise expressly agreed in writing.

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3. Quotes and Authorisation

Quoted Price: Quotes are estimates based on the initial assessment and are valid for 30 days from the date of issue.

Variations: The Client acknowledges that unforeseen issues may arise during the repair process, leading to a need for additional parts or labour not included in the original Quote.

1. For variations resulting in an increase of $100 above the quoted price, the Service Provider will seek explicit written or verbal authorisation from the Client before proceeding.

2. For minor variations below this threshold, the Service Provider reserves the right to proceed with repairs without prior authorisation to ensure timely completion.

Client Responsibility: The Client is responsible for clearly identifying the issues with the Equipment and providing all relevant information, service history, and safety warnings to the Service Provider prior to the commencement of Services.

No Obligation to Repair: The Service Provider is not obliged to undertake any Services until a Quote is accepted and, if required, an upfront deposit or authorisation for diagnostic work is received.

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4. Pricing and Payment

Pricing: All pricing for Services and parts will be as per the Quote or at the Service Provider's standard rates, unless otherwise agreed.

GST: All prices quoted are exclusive of GST.

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Payment Terms:

1. Payment on Completion: Full payment for all Services and parts is due upon completion of the Services and before the Equipment is released to the Client.

2. Progress Payments: For larger jobs exceeding $1,000, the Service Provider may require progress payments at various stages of the repair. These will be outlined in the Quote or a separate payment schedule.

3. Accepted Payment Methods: We accept Bank Transfer (EFT), Credit Card (Visa, Mastercard), Cash.

4. Deposit payments: before attending site or purchasing parts, the service provider may ask for a deposit before proceeding further with the job.

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Late Payment:

1. If payment is not received by the due date, the Service Provider reserves the right to charge interest on overdue amounts at a rate of 3% per month, calculated daily, from the due date until payment in full.

2. The Client will be liable for all costs incurred by the Service Provider in recovering overdue amounts, including but not limited to debt collection fees, legal fees (on a full indemnity basis), and dishonour fees.

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5. Retention of Title & Lien

Ownership of Parts: All parts supplied and installed by the Service Provider remain the property of Scholl Equipment until full payment for the Services (including those parts) has been received.

Workshop Lien: The Client acknowledges and agrees that the Service Provider has a workshop lien over the Equipment (and any of its components) for all unpaid amounts relating to the Services performed on that Equipment. This lien entitles the Service Provider to retain possession of the Equipment until all outstanding amounts are paid in full.

Sale of Unclaimed Goods: If the Equipment remains uncollected and payment is not made within 60 days of notification that the Services are complete, the Service Provider reserves the right to sell the Equipment to recover outstanding debts, in accordance with applicable Queensland legislation regarding uncollected goods. Any surplus funds from such a sale, after deducting all outstanding amounts and sale costs, will be returned to the Client.

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6. Risk and Storage

Client's Risk: The Equipment remains at the Client's sole risk at all times while in the Service Provider's possession, including during transport, storage, and the performance of Services. The Service Provider will take reasonable care, but is not liable for loss or damage to the Equipment or its contents arising from circumstances beyond its control (e.g., fire, theft, natural disaster) or issues inherent in the Equipment itself.

Storage Fees: If the Equipment is not collected within 7 days of notification of completion of Services, the Service Provider may charge a daily storage fee of $50 per day until collection.

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7. Warranties and Guarantees

Australian Consumer Law (ACL): Our Services come with guarantees under the ACL that cannot be excluded. For major failures with the Service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for the reduced value of the Service. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the Service or goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to cancel the contract for the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any reasonably foreseeable loss or damage from a failure in the goods or Service.

Service Provider's Warranty: In addition to your rights under the ACL, the Service Provider warrants that all Services performed will be carried out with due care and skill. Any new parts supplied and installed by the Service Provider will carry the manufacturer's warranty.

Exclusions: The Service Provider's warranty does NOT cover:

1. Damage caused by misuse, abuse, neglect, accident, or improper operation of the Equipment by the Client or third parties.

2. Repairs or modifications attempted by anyone other than the Service Provider.

3. Normal wear and tear.

4. Pre-existing faults or issues not directly related to the Services performed.

5. Parts supplied by the Client (Client-supplied parts are installed at the Client's risk and carry no warranty from the Service Provider).

6. Consequential loss (e.g., loss of use, downtime, lost profits) arising from a defect in the Equipment or Services, beyond what is covered by the ACL.

Warranty Claims: All warranty claims must be made in writing to the Service Provider within 5 business days of the defect becoming apparent. The Equipment must be returned to the Service Provider's workshop for inspection at the Client's cost for assessment.

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8. Client's Responsibilities

Safe Access: If Services are performed on-site, the Client must ensure a safe, clear, and accessible working environment for the Service Provider's personnel and equipment.

Information: Provide accurate and complete information regarding the Equipment's history, faults, and any relevant safety information.

Insurance: The Client is responsible for maintaining appropriate insurance for the Equipment, including during the period it is in the Service Provider's possession.

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9. Limitation of Liability

To the maximum extent permitted by law, the Service Provider's total liability for any claim arising out of or in connection with the Services (including negligence) is limited to the value of the Services provided to the Client.

The Service Provider is not liable for any indirect, special, or consequential loss or damage, including but not limited to loss of profits, downtime, production losses, or business interruption, unless such liability cannot be excluded under the ACL.

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10. Force Majeure

The Service Provider will not be liable for any delay or failure to perform its obligations if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, industrial disputes, natural disasters, epidemics, governmental restrictions, or significant supply chain disruptions.

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11. Subcontracting

The Service Provider reserves the right to use sub-contractors for the performance of any Services, provided that the Service Provider remains responsible for the quality of work performed.

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12. Privacy Policy

The Service Provider collects and handles personal information in accordance with its Privacy Policy, available upon request.

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13. Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.

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14. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

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15. Amendments

The Service Provider reserves the right to amend these Terms and Conditions from time to time. The current version will always be available on our website or upon request. Continued engagement with our Services after any amendments constitutes acceptance of the updated terms.

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16. Dispute Resolution

1.1. Good Faith Negotiation: If any dispute, controversy, or claim ("Dispute") arises out of or in connection with these Terms and Conditions or the Services provided, including any question regarding their existence, validity, or termination, the parties must first use their best endeavours to resolve the Dispute amicably through good faith direct negotiation.

1.2. Mediation: (a) If the Dispute is not resolved by negotiation within 14 days of one party giving written notice of the Dispute to the other party, the Dispute must be referred to mediation. (b) The mediation shall be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of the expiry of the negotiation period, by a person nominated by the Chair of the Resolution Institute (or its successor) in Queensland. (c) The mediation shall be conducted in accordance with the Resolution Institute Mediation Rules (or equivalent rules of another agreed body, e.g., ACICA Mediation Rules) current at the time the Dispute is referred to mediation. (d) The costs of the mediator shall be borne equally by the parties, unless otherwise agreed during the mediation. Each party shall bear its own costs in relation to the mediation. (e) It is a condition precedent to the right of either party to commence arbitration or litigation (other than for urgent interlocutory relief) that it has first participated in a mediation in accordance with this clause.

1.3. Arbitration: (a) If the Dispute is not resolved by mediation within 30 days of its referral to mediation (or such longer period as the parties may agree in writing), then the Dispute shall be submitted to and resolved by binding arbitration. (b) The arbitration shall be conducted in accordance with the Resolution Institute Arbitration Rules (or equivalent rules of another agreed body, e.g., ACICA Arbitration Rules) current at the time the Dispute is referred to arbitration. (c) The seat of the arbitration shall be Brisbane, Queensland, Australia. (d) There shall be one arbitrator, appointed in accordance with the chosen arbitration rules. (e) The language of the arbitration shall be English. (f) The decision of the arbitrator(s) shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. (g) Each party shall bear its own legal costs for the arbitration, and the costs of the arbitration (including arbitrator's fees) shall be shared equally, unless the arbitrator determines otherwise.

1.4. Exclusion of Litigation (Subject to Exceptions): (a) No party may commence court proceedings or arbitration proceedings (except for urgent interlocutory relief as provided below) relating to any Dispute unless they have complied with the preceding clauses 1.1 and 1.2. (b) This clause does not prevent a party from seeking urgent interlocutory relief from a court of competent jurisdiction where necessary to protect its rights or property.

1.5. Confidentiality: All negotiations, discussions, and documents (including any settlement proposals or offers) exchanged or produced during the mediation and/or arbitration proceedings under this clause are confidential and without prejudice, and shall not be used in any subsequent litigation or other proceedings, except as required by law.

 

Scholl Equipment - Heavy Equipment Repair, Inspection & Brokerage Terms and Conditions of Service

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 17. Heavy Machinery Inspection Services

17.1. Scope of Inspection: (a) Our inspection services are limited to a visual inspection of the accessible components and systems of the Equipment as specified in the inspection agreement or Quote. (b) The inspection is non-intrusive and does not involve dismantling, destructive testing, or the removal of components, panels, or covers unless expressly agreed upon in writing. (c) We will report on observations made at the time of inspection. We are not responsible for defects or conditions that were not visible, not accessible, or not apparent at the time of the inspection. (d) The inspection does not include the testing or assessment of: * Internal components of engines, transmissions, hydraulic systems (unless specifically stated and additional testing agreed). * Concealed wiring, plumbing, or structural elements. * Compliance with specific industry standards, regulations, or site-specific requirements (e.g., mine site compliance), unless explicitly requested and quoted. (e) Any advice, recommendations, or opinions provided in the inspection report are based on our professional judgment given the limitations of the inspection.

17.2. Inspection Report: (a) Upon completion of the inspection, a written report will be provided to the Client detailing observations, findings, and, where applicable, recommendations. (b) The Client acknowledges that the inspection report is a professional opinion based on a limited visual assessment and should not be considered a guarantee of future performance, a certification of compliance, or a warranty against latent defects. (c) The inspection report is for the Client's sole use and reliance and may not be transferred or relied upon by any third party without our express written consent.

17.3. Client's Responsibilities (Inspection Services): (a) The Client must ensure the Equipment is in a safe, accessible, and ready state for inspection, including being cleaned of excessive dirt or debris that may obstruct inspection points. (b) The Client must provide all necessary information about the Equipment, including its history, known faults, and any relevant documentation (e.g., service records, owner's manuals). (c) If the inspection is conducted on the Client's or a third party's site, the Client is responsible for ensuring the site is safe and provides appropriate access and facilities for the inspection to be carried out.

17.4. Limitation of Liability (Inspection Services): (a) To the extent permitted by law, our liability arising from or in connection with inspection services is limited to the fee paid for the specific inspection report in question. (b) We are not liable for any consequential loss, loss of profits, or indirect damages arising from the Client's reliance on the inspection report, including but not limited to financial losses incurred from the purchase or sale of equipment. (c) We are not liable for any defects or issues that become apparent after the inspection due to factors not detectable during a visual, non-intrusive inspection, or due to changes in the Equipment's condition after the inspection date. (d) This clause does not exclude or limit any rights or remedies the Client may have under the Australian Consumer Law where the Services are provided to a 'consumer' as defined by the ACL.

 

18. Heavy Equipment Brokerage Services

18.1. Nature of Brokerage Services: (a) Scholl Equipment acts solely as an independent broker facilitating the sale or purchase of heavy equipment between a Seller and a Buyer. We do not take title to the equipment and are not the Seller or the Buyer. (b) Our role is to connect potential Sellers with potential Buyers, assist in negotiations, and facilitate the transaction process. We do not provide advice on the suitability of equipment for a particular purpose or warrant its condition, unless expressly stated in a separate agreement for inspection services.

18.2. Brokerage Agreement: (a) All brokerage services will be subject to a separate written Brokerage Agreement, which will specify the scope of services, commission structure, listing terms (for Sellers), or search parameters (for Buyers). (b) These general Terms and Conditions apply concurrently with any specific Brokerage Agreement.

18.3. Commissions and Fees: (a) Our commission or brokerage fee will be clearly outlined in the Brokerage Agreement. (b) Commission is typically earned and payable upon the successful completion of a transaction (e.g., signing of sale contract, payment of purchase price), regardless of whether we performed an inspection. (c) The Client agrees to pay all agreed fees and commissions as per the Brokerage Agreement.

18.4. Client's Responsibilities (Brokerage Services): (a) For Sellers: The Client warrants that they have clear title to the Equipment, that the Equipment is free from all undisclosed encumbrances, and that they have the legal authority to sell the Equipment. The Client must provide accurate and complete information about the Equipment's condition, history, and specifications. (b) For Buyers: The Client is solely responsible for conducting their own due diligence regarding the Equipment, including but not limited to arranging independent inspections (which we can facilitate as per Section 17), reviewing maintenance records, and verifying specifications. (c) The Client acknowledges that they are entering into a contract directly with the Seller or Buyer of the Equipment, and Scholl Equipment is not a party to that contract.

18.5. Information Provided: (a) While we endeavour to ensure information provided about Equipment is accurate, we rely on the information provided by the Seller or other third parties. We do not independently verify all details and are not responsible for any inaccuracies, omissions, or misrepresentations made by Sellers or third parties. (b) The Client acknowledges that photographs, descriptions, and specifications of Equipment are for general guidance only and may not reflect the precise condition or features.

18.6. Limitation of Liability (Brokerage Services): (a) To the maximum extent permitted by law, Scholl Equipment is not liable for any loss, damage, or expense (direct, indirect, or consequential) arising from or in connection with: * The condition, fitness for purpose, or quality of any Equipment bought or sold through our brokerage services. * Any dispute between the Buyer and Seller. * Any inaccuracies, errors, or omissions in the information provided about the Equipment (unless due to our gross negligence or wilful misconduct). * The failure of a transaction to complete for any reason outside our control. (b) Our total liability under this Section 17, howsoever arising, is limited to the amount of the brokerage fee actually paid to us for the specific transaction in dispute. (c) This clause does not exclude or limit any rights or remedies the Client may have under the Australian Consumer Law where the Services are provided to a 'consumer' as defined by the ACL.

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