Terms and Condtions

ISG Machinery – Terms & Conditions of Sale
Effective date: 01/07/2026

Supplier: Inglewood Sand Gravel Pty Ltd trading as ISG Machinery
ABN: 88 695 984 680

These Terms & Conditions apply to the sale and supply of machinery, equipment, attachments and related products by ISG Machinery (“Supplier”) to the customer (“Customer”).

1. Purchase Agreement

The machinery specifications, configuration, price and any special requirements will be confirmed in the quotation or tax invoice issued by the Supplier. Any variation to the agreed specifications must be confirmed in writing by both parties.

The Customer is responsible for ensuring that the machinery selected is suitable for the Customer's intended application, operating environment, site conditions and required production capacity, except to the extent that the Supplier has expressly agreed otherwise in writing.

2. Payment Terms

Unless otherwise agreed in writing, the purchase price shall be paid in four stages:

Part 1 – Deposit: 20% of Total Purchase Price
A 20% deposit is payable upon acceptance of the order. This payment is required before machinery construction or manufacture commences.

Part 2 – Construction Completion: 20% of Total Purchase Price
A further 20% is payable once construction of the machinery is complete. The Supplier will provide the Customer with a custom-made video showing the completed machinery and relevant functions for the Customer's verification.

Part 3 – Before Delivery: 40% of Total Purchase Price
A further 40% is payable in full before the machinery is dispatched or delivered to the Customer's site.

Part 4 – Delivery and Commissioning: 20% of Total Purchase Price
The remaining 20% is payable following delivery and commissioning of the machinery at the Customer's site.

3. Commissioning and Final Payment

If commissioning cannot be completed because of circumstances that are not caused by a defect in the machinery or the Supplier's failure to perform its agreed obligations, including but not limited to:

  • unsuitable site conditions;

  • lack of suitable electrical supply, fuel, water or other utilities;

  • inadequate site access;

  • delays caused by the Customer or third parties;

  • Customer's failure to provide suitable operators or equipment;

  • unsuitable feed material or operating conditions;

  • adverse weather;

  • site preparation not being completed; or

  • other circumstances outside the Supplier's reasonable control,

the final 20% payment will become due four (4) weeks after the machinery is delivered to the Customer's site, regardless of whether commissioning has been completed.

The Customer must not withhold the final payment solely because commissioning has been delayed for reasons unrelated to the quality, condition or performance of the machinery.

4. Delivery

The estimated delivery date provided by the Supplier is an estimate only unless a specific delivery date has been expressly guaranteed in writing.

Delivery may be affected by manufacturing, shipping, customs, freight, weather, road conditions, carrier availability or other circumstances outside the Supplier's reasonable control.

The Customer is responsible for ensuring that the delivery site is reasonably accessible and suitable for the machinery and delivery vehicle.

Any additional costs arising from unsuitable access, additional transport requirements, waiting time, site restrictions, special lifting requirements or other Customer-related circumstances may be charged to the Customer.

5. Warranty

Unless otherwise stated in writing, the machinery is covered by a 12-month parts warranty commencing from the date the machinery is delivered to the Customer's site.

The warranty covers defective machinery parts arising from defects in materials or manufacturing under normal operating conditions.

The warranty does not cover normal wear and tear, consumable or wear parts, damage caused by misuse, overloading, incorrect operation, improper maintenance, accidents, unauthorised modification, unsuitable operating conditions, contaminated materials, or failure to follow the Supplier's operating and maintenance instructions.

Examples of normally excluded wear items may include, but are not limited to:

  • crusher wear plates and liners;

  • jaw plates;

  • hammers;

  • screen mesh;

  • conveyor belts;

  • bearings subject to normal wear;

  • cutting edges;

  • hydraulic hoses subject to normal wear or external damage; and

  • other consumable or wear components.

Where a warranty claim is accepted, the Supplier may provide the relevant part and transport to the customer site.

The warranty applies to the relevant replacement part only and does not automatically restart or extend the original warranty period unless otherwise agreed in writing.

The Customer must promptly notify the Supplier of any suspected warranty defect and provide reasonable information, photographs, videos and other evidence requested by the Supplier to assess the claim.

6. Customer's Responsibilities

The Customer is responsible for:

  1. operating the machinery in accordance with the supplied operating and maintenance instructions;

  2. carrying out routine servicing and maintenance;

  3. using suitable fuel, lubricants, electrical supply and other consumables;

  4. ensuring that operators are suitably trained and competent;

  5. operating the machinery within its specified capacity and intended application;

  6. maintaining a safe and suitable operating environment; and

  7. complying with applicable workplace health and safety, environmental and other legal requirements relating to the use of the machinery.

Failure to properly maintain or operate the machinery may void the applicable warranty.

7. Modifications and Unauthorised Repairs

The Customer must not modify, alter, dismantle or repair the machinery in a manner that may affect its operation, safety or structural integrity without the Supplier's prior written approval.

Damage or defects resulting from unauthorised modifications, repairs or alterations may not be covered by the warranty.

8. Performance and Production Capacity

Any stated production capacity, throughput, fuel consumption or performance figure is an indicative specification unless expressly guaranteed in writing.

Actual production may vary depending on feed material, material moisture, material density, particle size distribution, operator experience, machine configuration, site conditions, maintenance and other operating factors.

For crushing and screening equipment, production capacity does not constitute a guarantee that a particular quantity or grading of material will be achieved under all operating conditions.

9. Title and Risk

Risk in the machinery passes to the Customer upon delivery to the Customer's site, unless otherwise agreed in writing.

Title to the machinery remains with the Supplier until the purchase price and all other amounts owing by the Customer in relation to the machinery have been paid in full.

10. Cancellation

Once machinery construction or manufacture has commenced, the Customer may not cancel the order without the Supplier's written agreement.

Where cancellation is accepted, the Supplier may retain amounts reasonably required to cover machinery construction, customised components, procurement costs, labour, freight, administration and other costs incurred in connection with the order.

Custom-built or specially configured machinery may not be eligible for cancellation or return.

11. Limitation of Liability

To the extent permitted by law, the Supplier is not liable for indirect, consequential or economic losses arising from the purchase, delivery, commissioning or use of the machinery, including loss of production, loss of income, loss of profit, business interruption or loss of opportunity.

Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under applicable Australian law.

12. Australian Consumer Law

Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that applies to the Customer under the Australian Consumer Law (ACL) or any other applicable legislation.

Where the ACL applies, the Customer's statutory rights and remedies apply in addition to any express warranty provided by the Supplier.

13. Acceptance of Terms

By paying the deposit or signing the quotation or sales order, or otherwise proceeding with the purchase, the Customer acknowledges that they have read and accepted these Terms & Conditions.

Any terms proposed by the Customer that are inconsistent with these Terms & Conditions do not apply unless expressly accepted in writing by the Supplier.

ISG Machinery
Inglewood Sand and Gravel Pty Ltd
info@isgmachinery.com.au
isgmachinery.com.au