This Purchasing Policy and Sales Terms ("Policy") applies to all sales of aftermarket mining parts and components by Equip Mining Pty Ltd ABN [INSERT ABN] ("Equip Mining", "we", "us", "our", "the Company") to business customers ("Customer", "you", "your").

 This Policy forms part of the contract between Equip Mining and the Customer for the supply of goods. By requesting a quote, placing an order, or accepting delivery of goods, you agree to be bound by this Policy.

 These terms apply to all standard catalogue items supplied by Equip Mining. Custom or non-standard orders may be subject to additional or varied terms as agreed in writing.

 Defined Terms:

•  "Goods" means the parts, components, or equipment supplied by Equip Mining as described in the Quote or Purchase Order
• "Quote" means the written quotation provided by Equip Mining specifying goods, pricing, and delivery estimates
• "Purchase Order" means the Customer's written order for Goods
• "Delivery" means delivery in accordance with clause 7 of this Policy
• "Price" means the amount payable for the Goods as specified in the Quote or Invoice

Equip Mining follows a structured quote and order process to ensure clarity and accuracy for all standard catalogue purchases:

We collect personal and business information that is reasonably necessary to provide our products and services, manage relationships, and improve customer experience. This may include:

We collect personal and business information that is reasonably necessary to provide our products and services, manage relationships, and improve customer experience. This may include:

1.1         Order Acceptance

An order is only accepted by Equip Mining when:

• A valid Purchase Order has been received and verified
• The Deposit Invoice has been paid in full
• Written order confirmation has been issued by Equip Mining

Equip Mining reserves the right to reject any order at its discretion prior to issuing order confirmation.

1.2        Order Variations

Any variation to an accepted order must be requested in writing and is subject to:

• Equip Mining's approval
• Adjustment to pricing, shipping costs, and delivery timeframes
• Payment of any additional costs before variation is processed

Variations may not be possible once goods have been ordered from suppliers.

1.3        Order Cancellation by Customer

If the Customer wishes to cancel an order after acceptance:

1. Cancellation must be requested in writing immediately
2. The Customer remains liable for all costs incurred by Equip Mining, including:

• • Supplier cancellation fees or restocking charges
  • Procurement and administrative costs
  • Freight or storage costs incurred
  • Any deposit paid is non-refundable except to the extent it exceeds costs incurred
  • Cancellation is subject to Equip Mining's written approval 

1.4        Order Cancellation by Equip Mining

Equip Mining may cancel an order if:

• The Customer fails to make payment when due
• Goods become unavailable due to supplier issues or force majeure
• The Customer breaches any term of this Policy
• The Customer becomes insolvent or enters external administration

If Equip Mining cancels an order (other than for Customer breach), the deposit will be refunded in full within 14 days.

1.1         Price Accuracy

Equip Mining takes reasonable care to ensure pricing accuracy. However:

• Prices are subject to change without notice
• The price applicable is the price confirmed in the Quote accepted by the Customer
• Obvious pricing errors may be corrected before order acceptance

1.2        Price Variations

The Price is firm for the validity period stated in the Quote (typically 30 days). After this period:

• Prices may be adjusted to reflect supplier price changes, currency fluctuations, or market conditions
• A revised Quote will be issued if the Customer wishes to proceed

1.3        Additional Charges

The Price excludes (unless expressly stated):

• Shipping and freight costs (charged separately as per clause 4)
• Customs duties, taxes, or import charges for international deliveries
• Special packaging, crating, or handling requirements
• Insurance (unless requested by Customer)
• Installation, commissioning, or technical support

1.1         Delivery Timeframes

Delivery timeframes provided by Equip Mining are estimates only and are not guaranteed. Equip Mining will use reasonable endeavours to meet estimated delivery dates but is not liable for delays caused by:

• Supplier or carrier delays
• Customs clearance delays
• Force majeure events
• Late payment by the Customer
• Incomplete or inaccurate delivery information

1.2        Delivery Obligations

Equip Mining's delivery obligation is fulfilled when:

• Goods are loaded onto the carrier's vehicle at the dispatch location (FOB terms), or
• Goods are delivered to the nominated delivery address (if delivery services are included)

1.3        Delivery Reception

Upon delivery, the Customer must:

• Inspect the Goods for obvious damage or shortages
• Sign delivery documentation noting any visible damage or discrepancies
• Notify Equip Mining within 48 hours of any damage, shortage, or incorrect goods

Failure to inspect and notify within 48 hours may affect warranty and insurance claims.

1.4        Failed Delivery

If delivery cannot be completed due to:

• Incorrect or incomplete delivery address
• No one available to receive goods
• Inadequate access or unloading facilities
• Customer refusal to accept delivery

The Customer will be liable for:

• Re-delivery charges
• Storage fees charged by the carrier
• Any additional freight or handling costs

 Equip Mining may, at its discretion, cancel the order and retain costs from the amount paid.

1.1         Passage of Risk

Risk in the Goods passes to the Customer:

• Upon loading onto the carrier's vehicle at the dispatch location (FOB terms), or
• When Goods are delivered to the Customer's nominated address

From this point, the Customer bears all risk of loss, damage, or deterioration to the Goods.

1.2        Retention of Title

Despite delivery, Equip Mining retains legal and beneficial ownership of the Goods until:

• Full payment of the Price (including the balance payment) is received
• All other amounts owing by the Customer to Equip Mining are paid in full

 Until full payment:

• The Customer holds the Goods as bailee and fiduciary agent for Equip Mining
• The Customer must store the Goods separately and clearly identifiable as Equip Mining's property
• Equip Mining may enter the Customer's premises to repossess the Goods
• The Customer must not sell, dispose of, or encumber the Goods except as authorized by Equip Mining

1.3        Insurance

The Customer is responsible for insuring the Goods from the time risk passes. Equip Mining may arrange transit insurance on request, with costs payable by the Customer.

1.1         Customer Inspection

The Customer must inspect Goods immediately upon receipt and notify Equip Mining within 48 hours of:

• Visible damage during transit
• Shortages or missing items
• Incorrect goods supplied

1.2        Acceptance

• Goods are deemed accepted by the Customer if:
• 48 hours have elapsed since delivery without notification of issues, or
• The Goods have been installed, used, or incorporated into equipment

 Acceptance does not affect warranty rights for latent defects.

All Goods supplied by Equip Mining are subject to the Equip Mining Limited Warranty, a separate document available at www.Equip Mining.com.au or upon request.

Nothing in this Policy excludes or limits the Customer's rights under the Australian Consumer Law.

Returns of Goods (other than under warranty) are subject to the Equip Mining Returns Policy, a separate document available at www.Equip Mining.com.au or upon request.

1.1         Exclusions

To the maximum extent permitted by law, Equip Mining excludes all liability for:

• Loss of profits, revenue, or business opportunity
• Loss of production or equipment downtime
• Consequential, indirect, or special damages
• Costs of substitute goods or services
• Claims by third parties

1.2        Liability Cap

Where liability cannot be excluded by law, Equip Mining's total liability for any claim is limited to:

• The Price paid for the specific Goods giving rise to the claim, or
• The cost of replacing or repairing the Goods, at Equip Mining's option

1.3        Australian Consumer Law

Nothing in this clause 12 excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Australian Consumer Law or other legislation that cannot lawfully be excluded.

Equip Mining is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including:

• Acts of God, natural disasters, pandemics, or extreme weather
• War, terrorism, civil unrest, or government action
• Strikes, labour disputes, or industrial action
• Supplier failures, shortages, or delays
• Transport, shipping, or logistics disruptions
• Power failures, equipment breakdowns, or IT system failures
• Fire, flood, earthquake, or other catastrophic events

If a force majeure event occurs:

• Equip Mining will notify the Customer as soon as practicable
• Delivery timeframes will be extended by the duration of the delay
• Equip Mining may cancel the order and refund payments if performance becomes impossible

1.1         Confidential Information 

Each party acknowledges that in the course of dealings under this Policy, it may receive or have access to confidential information of the other party, including: 

• Pricing information, quotes, and commercial terms 
• Technical specifications and product information
• Business strategies, customer lists, and supplier details • 
• Financial information and trading terms

1.2        Obligations 

Each party must: 

• Keep confidential information strictly confidential 
• Use confidential information only for the purpose of fulfilling obligations under this Policy 
• Not disclose confidential information to third parties without prior written consent
• Return or destroy confidential information upon request

1.3        Exceptions 

Confidentiality obligations do not apply to information that: 

• Is publicly available through no fault of the receiving party 
• Was already known to the receiving party before disclosure 
• Is independently developed by the receiving party 
• Must be disclosed by law or court order

1.4        Intellectual Property

​1.4.1         Ownership 

All intellectual property rights in the Goods, including: 

• Patents, trademarks, and designs 
• Technical documentation and specifications 
• Branding and product literature remain the property of Equip Mining, its suppliers, or the relevant third-party rights holders.
• 
  
• ​1.4.2        Limited License 

The Customer receives a non-exclusive, non-transferable right to use the Goods for their intended purpose. This does not include: 

• The right to reproduce, modify, or reverse-engineer the Goods 
• The right to use any trademarks or branding beyond normal use of the Goods 
• The right to on-sell or distribute Goods as new products

​1.4.3        Third-Party Rights 

Some Goods may be subject to third-party intellectual property rights. The Customer must: 

• Comply with any licensing terms applicable to the Goods 
• Indemnify Equip Mining against claims arising from the Customer's misuse of intellectual property

1.1         Good Faith Negotiation 

If a dispute arises under this Policy, the parties must first attempt to resolve it through good faith negotiations between senior representatives of each party.

1.2        Mediation 

If the dispute cannot be resolved through negotiation within 14 days, either party may refer the matter to mediation by: 

• A mediator agreed between the parties, or 
• A mediator appointed by the Resolution Institute

The costs of mediation are to be shared equally between the parties unless otherwise agreed.

1.3        Litigation 

If mediation fails or is inappropriate (such as for debt recovery or urgent injunctive relief), either party may commence legal proceedings.

1.4        Continuing Obligations 

Despite any dispute, both parties must continue to perform their obligations under this Policy except as otherwise agreed in writing or ordered by a court.

18.1        Entire Agreement 

This Policy, together with: 

• The Quote 
• The Purchase Order 
• The Equip Mining Limited Warranty 
• The Equip Mining Returns Policy

constitutes the entire agreement between the parties regarding the supply of Goods and supersedes all prior negotiations, representations, and agreements.

16.2        Variation 

This Policy may only be varied by written agreement signed by authorized representatives of both parties. No variation is effective unless documented in writing.

16.3        Waiver 

No failure or delay by Equip Mining in exercising any right or remedy constitutes a waiver. A waiver is only effective if given in writing and applies only to the specific circumstance for which it is given.

16.4        Severability 

If any provision of this Policy is found to be invalid, illegal, or unenforceable: 

• That provision is severed to the extent of the invalidity 
• The remaining provisions continue in full force and effect 
• The parties will negotiate in good faith to replace the invalid provision with a valid provision that achieves a similar commercial outcome

16.5        Assignment 

The Customer may not assign, transfer, or novate its rights or obligations under this Policy without Equip Mining's prior written consent.

Equip Mining may assign its rights under this Policy: 

• To any related body corporate 
• To any purchaser of its business or assets 
• For debt collection or financing purposes

16.6        Notices 

All notices under this Policy must be: 

• In writing (email is acceptable) 
• Sent to the addresses specified in the Quote or Purchase Order

• Deemed received: 

  • If delivered by hand – upon delivery 
  • If sent by email – on the business day of transmission (or the next business day if sent after 5pm) 
  • If sent by post – 3 business days after posting

16.7        Relationship of Parties 

Nothing in this Policy creates a partnership, joint venture, agency, or employment relationship between the parties. Each party is an independent contractor.

16.8        Costs 

Each party bears its own legal and other costs associated with the negotiation, preparation, and performance of transactions under this Policy, unless otherwise specified.

16.9        Survival 

Clauses that by their nature should survive termination or completion of a transaction continue in force, including: 

• Payment obligations Warranty provisions 
• Limitation of liability 
• Confidentiality obligations 
• Intellectual property provisions 
• Dispute resolution procedures

16.10      Government Charges and taxes

All prices quoted are exclusive of government charges and taxes unless expressly stated otherwise.

Where Equip Mining is required to pay government charges and taxes on a supply made under this Policy: 

• The Customer must pay the government charges and taxes amount in addition to the Price 
• Equip Mining will provide a tax invoice 
• Payment of the government charges and taxes amount must be made at the same time as payment for the taxable supply

17.1         Governing Law 

This Policy is governed by the laws of Queensland.

17.2        Jurisdiction 

Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and any courts that may hear appeals from those courts.

17.3        Australian Consumer Law 

Nothing in this clause excludes the operation of the Australian Consumer Law where it applies to the supply of Goods.

18.1         Additional Definitions 

In this Policy, unless the context requires otherwise:

• "ABN" means Australian Business Number
• "ASIC" means the Australian Securities and Investments Commission
• "Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth)
• "Business Day" means a day that is not a Saturday, Sunday, or public holiday in Queensland
• "Force Majeure" has the meaning given in clause 13
• "FOB" means Free on Board, with the meaning given in Incoterms 2020
• "GST" means goods and services tax imposed under A New Tax System (Goods and Services Tax) Act 1999 (Cth)
• "Related Body Corporate" has the meaning given in the Corporations Act 2001 (Cth)
• "Resolution Institute" means the professional body for dispute resolution practitioners in Australia

18.2        Interpretation 

In this Policy, unless the context requires otherwise: 

• Headings are for convenience only and do not affect interpretation 
• The singular includes the plural and vice versa 
• A reference to a person includes a company, partnership, trust, or other entity A reference to a party includes that party's successors and permitted assigns 
• A reference to legislation includes all amendments, replacements, and subordinate legislation "Including" and similar expressions are not words of limitation 
• Where a word or phrase is given a defined meaning, other grammatical forms have corresponding meanings 
• A reference to "$" or "dollars" is to Australian currency

By requesting a quote, placing a purchase order, accepting delivery of Goods, or making payment to Equip Mining, the Customer acknowledges and agrees that:

• The Customer has read, understood, and accepts all terms of this Policy 
• The Customer has had the opportunity to seek independent legal and commercial advice 
• This Policy applies to all current and future transactions between the parties unless expressly varied in writing 
• The Customer has authority to bind the business entity on whose behalf the order is placed 
• All information provided by the Customer is accurate and complete

For enquiries regarding this Purchasing Policy, please get in touch via the Contact Us from at the top of the website header.

Document Version: 1.0

Effective Date:          18th November 2025 

Review Date:               18th November 2026