Terms & Conditions + Warranty Terms

Welcome to the AR Equipment website. By accessing or using our website and services, you agree to be bound by the following terms and conditions. Please read them carefully.

These General Terms and Conditions govern your use of the AR Equipment website and services. By accessing our website, you agree to comply with these terms and our Privacy Policy. Failure to comply may result in termination of your access to our services.


This is a contract between Ausmetal Recycling Equipment Pty Ltd (AR Equipment/us) and the customer (you) for the supply of attachments, industrial bins and other goods (Equipment). By placing an order with AR Equipment, you are deemed to have accepted and agreed to these terms. These terms apply to all future transactions between you and us, unless otherwise expressly agreed.

1. Pricing: Unless otherwise stated, all invoiced prices are in Australian Dollars (AUD) and are inclusive of GST and exclude shipping or freight costs. If we provide you with a quote or an estimated price, we may withdraw or vary the price at any time before acceptance by you. We may vary our estimated shipping or freight costs, if the shipping or freight costs incurred by us change.

2. Specifications: You are responsible for providing the correct specifications and measurements for the Equipment when you place your order. We will rely on the information you supply to us as being correct. We are not responsible for any cost or loss if the information you supply is incorrect, and you will remain liable to pay for the Equipment in full.

3. Warranty: In addition to any statutory rights you may have under the Australian Consumer Law, and subject to these terms and conditions, AR Equipment warrants that the following Equipment it supplies will be free from defects for the following periods, calculated from the date of invoice (Warranty Period):

The first 12 months of the warranty period includes both parts & labour to fix; after 12 months if applicable the warranty only includes parts (labour to be charged at current hourly rates).

(A) Hydraulic and mechanical grabs: 2 years;

(B) Auger drive gearboxes: 2 years;

(C) Rock breaker cartridges: 2 years;

(D) Compaction wheels: 2 years;

(E) Skip bins, Hooklift and industrial bins, transport safety mesh and gloves: no warranty period

except statutory warranty;

(F) Any other items sold by AR Equipment (unless expressly stated otherwise): 1 year.

In addition to the terms of our warranty, you may have further statutory rights under legislation, including under the Australian Consumer Law. Our additional warranty does not exclude, restrict, limit or modify any rights or remedies you may have under any legislation, except to the extent that their application may be lawfully excluded, restricted, limited or modified.

4. Warranty Service:

(A) If the terms of this warranty respond to defective Equipment, we will repair, service or replace the Equipment free of charge, or refund the price you paid to us, on the terms set out below.

(B) During the relevant Warranty Period, you must notify AR Equipment about any apparent defect or malfunction, as soon as practicably possible after it first becomes apparent (and in no more than 7 days).

(C) You must deliver the Equipment to AR Equipment’s nominated repair facility, at your expense, during regular business hours, and provide proof of purchase.

(D) We will inspect the Equipment, and if we determine the terms of this warranty apply (we must act reasonably in making this assessment), we will provide you with an appropriate remedy, being repair, servicing, replacement or refund. The decision of whether to repair or replace a part or to

use a new or remanufactured part will be made by AR Equipment in its sole discretion.

(E) You must allow AR Equipment a reasonable time to inspect the Equipment and, where appropriate, complete repairs and/or service. When we tell you the work is complete you must collect the Equipment from us as soon as practicably possible, at your own expense.

(F) This warranty does not cover, and we are not liable for any damage or malfunction directly or indirectly caused by, due to or resulting from:

i. Normal wear or deterioration;

ii. Abuse or misuse by the Equipment operator;

iii. Negligence or accident;

iv. Improper maintenance, operation, storage or transport;

v. Failure to return the goods to us within 7 days of discovery of a defect;

vi. Any repair, alteration or modification (except by AREquipment);

vii. Accessories made by a person or facility not authorized or certified to do so;

viii. Improper repair or maintenance, including use of fluids, parts or accessories

other thanthose specified in your owner documentation;

ix. Improper maintenance schedule of the machine its operating on and failure to provide

an oil sample for any hydraulic failure;

x. Overloading or excessive force;

xi. Incorrect machine pressure settings

xii. In case of grabs, the Equipment being used to rip tree stumps out of the ground;

xiii. Attachments being used under water;

xiv. Use in demolition, other than to pick up or hold material already demolished;

xv. The environment or an act of God, including, but not limited to airborne, chemicals, rail dust, salt, hail, floods, wind storms, acid rain, fire, water, contamination, lightning and other environmental conditions.

(G) This warranty does not cover, and we are not liable for any damage or malfunction to wear parts such as: rock breaker chisels, inner and outer bushes, side bolts, tool holder parts, hydraulic hoses, grease nipples, retaining bolts and nuts, teeth and ground engaging parts, any other part considered a ‘wear’ item.

(H) This warranty is not transferrable and warranty service can only be claimed by the party that purchases the Equipment from us.

5. Limitation of Liability:

(A) In this clause:

i. Claim means any action (or cause of action), claim (including cross-claims, counter-claims, set-offs), allegation, demand, suit, proceeding, liability, sum of money, damages, expenses, costs (whether or not the subject of a court order), debts due, entitlements (whether actual or contingent), determination, judgment, all other liabilities of any nature (whether arising under statute or under general law), including but not limited to property damage and personal injury.

ii. Consequential Loss means any: loss of profits or earnings; loss of production; loss of revenue; loss of use; loss of contract; loss of goodwill; loss of opportunity; loss of value; delay costs; loss of personal or commercial property; inconvenience or aggravation; emotional distress or harm; wasted overheads; towing, transport, travel or hire charges; service call charges; lodging expenses – howsoever caused and whether direct or indirect and includes any special, indirect, consequential or pure economic loss.

(B) To the maximum extent permitted by law:

i. All warranties and conditions implied by law are negatived and excluded.

ii. You agree that if you are aware that any of the Equipment is for any particular purpose, it is your responsibility for ensuring the Equipment is suitable for that intended purpose. We do not warrant the Equipment will be suitable for use for your intended purpose.

iii. Unless otherwise agreed, you warrant that the goods are supplied for commercial use and not ordinary domestic or household use.

iv. You will provide us with a reasonable opportunity to inspect any goods or parts and take steps to rectify their performance if required.

(C) Notwithstanding any other provision in these terms, and to the maximum extent permitted by law, we are not liable for any Claim or Consequential Loss arising out of, caused or contributed to by:

i. Misuse of the Equipment, including but not limited to when the Equipment is used for a purpose beyond its design;

ii. Negligent operation of the Equipment or any machine it is attached to, whether by you, your employee, contractor or third party;

iii. Negligent manufacture or construction of the Equipment by us or by anyone else;

iv. Damage to the Equipment caused during transport or delivery by us or anyone else;

v. The Equipment causing damage to any other thing, machine, item, equipment, person or property;

vi. The provision of incorrect or incomplete specifications to us when ordering the Equipment;

vii. The Equipment not being suitable for use for your intended purpose (unless you expressly advise the purpose to us when ordering the Equipment and we agree);

viii. The Equipment malfunctioning in any way for any reason;

ix. Delays or additional costs caused by the Equipment malfunctioning or failing;

x. Cyber crime, including email intercepts or hacking, which causes you to make payment to a bank account not operated by us.

(D) To the maximum extent permitted by law, you indemnify us and agree to make good and hold us harmless from any Claim made by any party arising out of, caused or contributed to by the Equipment.

(E) Notwithstanding any provision to the contrary in these terms, to the maximum extent permitted by law, where liability is not or cannot be entirely excluded, our liability for any Claim (howsoever arising) is limited to resupplying the Equipment or, in our sole discretion, paying to you the amount you paid to us to purchase the Equipment.

(F) If the Australian Consumer Law or Competition and Consumer Act 2010 (Cth) or any similar law implies a consumer guarantee, condition or warranty (“a guarantee”), our liability for failure to comply is limited to the repair of the Equipment or the replacement or resupply of the equipment or an equivalent item or to the payment to you of the cost of the replacement or resupply of the same or equivalent goods or services (as the case may be).

(G) The above limitation does not affect any other rights and remedies you may have us under any applicable Federal, State or Territory law in relation to the Equipment. To the extent any of the above conditions are inconsistent with or void under any law, the offending provision only is struck out.

6. Payment Terms and Methods: All accounts are payable prior to dispatch of goods, unless credit has been approved. Accounts may be paid by cash, cheque, EFTPOS, direct deposit or credit card (Visa/MasterCard). When a credit card is used to pay an account a 1.5% surcharge will be charged. Unless

a credit account has been granted, goods must be paid in full prior to dispatch or collection. We may refuse to deliver or supply any Equipment that has not been paid for in full.

7. International Shipping: AR Equipment can provide estimated shipping times and costs for custom orders not in stock; however, we are not bound by those estimates and they are subject to change. AR Equipment is not liable for any Claim or Consequential Loss (as those terms are defined in clause 5) for any increased cost or delay including but not limited to costs or delays caused by shipping companies, land transport companies and also customs and quarantine authorities.

8. International Orders from AR Equipment: If any Product is shipped to you outside of Australia, you are responsible for all freight, duties, taxes, customs charges, brokerage fees or other costs. You must comply with all laws that apply to the import or export of the Products and AR Equipment makes no warranty or representation about compliance with foreign laws.

9. Interest on Overdue Accounts: All accounts must be paid without any set off or deduction on the terms specified in the invoice. If a payment is overdue, without prejudice to its other rights or remedies, AR Equipment may charge interest on the amount outstanding on and from the due date at the rate of 4% per month including GST (if any) compounding daily or such lower rate as may be prescribed or determined as reasonable by law. You agree that this is a genuine pre-estimate of the loss or damage we may incur as a result of your breach.

10. Default costs: If you breach these terms in any way (including as to payment) you must pay or reimburse AR Equipment for all costs and/or expenses incurred by AR Equipment including legal or debt collection costs the full indemnity basis. A demand made by or on behalf of AR Equipment shall be sufficient proof of such costs. Such costs and expenses shall incur interest as provided in clause 9 above from the date upon which they are paid or incurred by AR Equipment, up to and including the date upon which you pay or reimburse AR Equipment.

11. Cancellation of orders: Once you have confirmed an order (by paying the invoice, or if Equipment is supplied on credit, by confirming the order with us), the order for the Equipment cannot be changed, cancelled or modified by you. We may refuse to supply an Order for any reason. 

8. Retention of Title:

(A) Subject to the Personal Property Securities Act 2009 (Cth) (PPSA) and these terms and conditions, legal and equitable title in the Equipment (including parts) supplied by us remain vested in us and shall not pass to you until you have paid all moneys owing to us on any account whatsoever.

(B) In the event you fail to pay our invoice on time, you acknowledge and agree that we may recover or retake possession of all or any of the Equipment we supply to you, including parts we have installed in equipment owned by you, (whether in your possession or in the possession of a third party) and you authorise and allow us (or our representative, employee or agent) to enter any premises without notice, at any time, to retake possession of any or all of the goods we identify as having been provided by us.

(C) In the event that we retake possession of Equipment, we will not be liable for any costs, losses, damages, expenses or other monies or losses suffered by you (or a third party) as a result of us retaking possession of the goods.

(D) In the event that a third party suffers loss or damage as a result of us retaking possession of the Equipment, you agree to indemnify us on account of that loss or damage.

(E) In the event that we incur costs in retaking the Equipment or reselling the goods, you agree to indemnify us for those costs on a full indemnity basis.

9. Risk: Notwithstanding that the property in the goods does not pass until payment is made in full, risk in the goods shall pass to the Customer on delivery.

10. No reliance: You acknowledge and agree that you have not relied on any prior representation or promises made by us, except as documented in writing by us.

11. Force Majeure: We will not be liable or responsible for any delay or failure of performance occasioned by strikes, riots, fire, insurrection, embargoes, pandemics, failure of carriers, inability to obtain materials or transportation facilities, acts of God or of the public enemy, government tariffs and quotas, compliance with any law, regulation or other governmental or court order whether or not valid, or other causes beyond the control of us, irrespective of whether the cause could be alleviated by the payment of money, or the performance is prevented or delayed because of a failure of our machinery or our supplier.

12. Privacy Act: You acknowledge that you have read and accept the terms of our privacy policy, a copy of which is available from our website:

13. Integrity of Products: Unless we give you our prior written consent, you must not redistribute, advertise or sell any of the goods (and to the extent permitted by law, any other product bearing the AR Equipment or ARE name or brand in all or part) other than on classified sites as second-hand goods.

14. Intellectual Property: AR Equipment®, AR, ARE are trademarks. We hold copyright in the design of the Equipment. You acknowledge and agree that we, or our applicable licensors or suppliers, own and retain all intellectual property rights comprised in goods AR Equipment and/or supplied under all or any of the above brands, and that we own and retain all intellectual property rights in the content of our websites ( Nothing in this agreement transfers or assigns to you any of those intellectual property rights. You must use every effort to safeguard all of our intellectual property and must promptly inform us of any actual or suspected improper use thereof. Without limitation, you must not by any means, copy, reproduce, scan, reverse engineer, data mine or reproduce the goods.

15. Severance: In the event of any part of these terms and conditions becoming void or unenforceable, then that part shall be severed from the agreement and the remaining terms and provisions of the agreement will remain in full force and effect.

16. Applicable law: The agreement shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and any court which may hear appeals from a court of Queensland.

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