Terms & Conditions

Last updated: 23/09/2025

Standard Terms & Conditions of Sale – Forklifts

Definitions
- “Seller” – Q-LIFT (Pty) Ltd, its successors or assigns.
- “Buyer” – the purchaser of the Goods.
- “Goods” – the forklift(s), attachments, parts or accessories sold by Q-LIFT as described in the quotation, order confirmation, or invoice.
- “Contract” – the agreement between Q-LIFT and the Buyer, including these Terms & Conditions.
- “Delivery Date” – the agreed date for delivery or collection.
- “Acceptance” – the Buyer’s inspection and signing of delivery documents or other acknowledgment of receipt.
- “Voetstoots” – the Goods are sold “as is, with all faults,” unless otherwise agreed in writing.
Quotations & Orders
- Quotations issued by Q-LIFT are valid for 30 days unless otherwise stated in writing.
- Orders placed by the Buyer are subject to written acceptance by Q-LIFT.
- No variation or cancellation of an order will be binding unless confirmed in writing by Q-LIFT.
Price & Payment
- Prices are quoted exclusive of VAT unless otherwise stated.
- Full payment is due prior to delivery or within the payment terms specified on the invoice.
- Interest will accrue on overdue accounts at the prevailing legal rate.
- All payments must be made without deduction, set-off, or counterclaim.
Delivery, Risk & Ownership
- Delivery shall take place at the location agreed in writing.
- Risk in the Goods passes to the Buyer upon delivery or collection.
- Ownership of the Goods remains with Q-LIFT until full payment is received.
- Any delivery dates are estimates only, and Q-LIFT shall not be liable for delays caused by circumstances beyond its control.
Inspection & Acceptance
- The Buyer must inspect the Goods immediately upon delivery.
- Any defects or shortages must be reported in writing to Q-LIFT within 7 days.
- If no notice is given, the Goods will be deemed to have been delivered in good order and accepted by the Buyer.
Warranties & Liability
- Unless expressly stated in writing, all Goods are sold voetstoots.
- Where a warranty is provided, it shall cover only the specific components and time period stated by Q-LIFT in writing.
- Warranties do not cover wear and tear, misuse, overloading, neglect, or unauthorized repairs.
- Q-LIFT shall not be liable for indirect or consequential losses, including loss of profit or downtime.
Use, Maintenance & Safety
- The Buyer is responsible for ensuring that the Goods are operated, maintained, and serviced in accordance with manufacturer instructions and all applicable laws.
- The Buyer must ensure that operators are properly trained and certified.
- Q-LIFT accepts no liability for accidents, damage, or injury resulting from improper use or failure to comply with safety standards.
Cancellation & Returns
- Orders may only be cancelled with Q-LIFT’s written consent.
- A cancellation fee may be charged to cover costs incurred.
- Goods may not be returned without prior written approval from Q-LIFT.
Limitation of Liability
- Q-LIFT’s total liability, whether in contract or delict, shall not exceed the purchase price of the Goods
- Q-LIFT shall not be liable for delays or non-performance arising from circumstances beyond its reasonable control (force majeure).
Governing Law & Dispute Resolution
- These Terms & Conditions are governed by the laws of the Republic of South Africa.
- Any disputes shall, at Q-LIFT’s election, be resolved by arbitration in accordance with the Arbitration Act or in the competent courts of South Africa.
General
- These Terms & Conditions constitute the entire agreement between Q-LIFT and the Buyer.
- No amendment or waiver is valid unless made in writing and signed by both parties.
- If any provision is found invalid, the remaining provisions shall remain enforceable.
- Notices must be delivered in writing to the chosen addresses of the parties.