Effective Date: 29 September 2025
TERMS AND CONDITIONS – MACHINERY FOR AFRICA
1. INTRODUCTION
1.1. These Terms and Conditions (“Terms”) govern the use of the website https://machineryforafrica.com (“Website”) and any enquiry, quotation, negotiation, purchase, sale, delivery, inspection, or use of machinery and plant equipment (“Products”) offered by Machinery For Africa (“Company”, “we”, “us”, “our”).
1.2. By accessing the Website, submitting an enquiry, or purchasing Products, you (the “Client”, “you”, “your”) agree to be bound by these Terms.
1.3. If you do not agree with these Terms, you must refrain from using the Website or engaging with us regarding Products.
1.4. These Terms prevail over any conflicting terms supplied by the Client unless expressly agreed in writing and signed by an authorised representative of the Company.
2. PRODUCTS AND SERVICES
2.1. We provide pre-owned and new heavy machinery and plant equipment including (without limitation):
• Excavators, dumpers, loaders
• Generators and power systems
• Road construction and surface mining equipment
• Aggregate processing, lifting, and materials handling equipment
• Mobile crushers and screening units
• Other industrial equipment suitable for African construction and mining sectors
2.2. Product descriptions, specifications, pricing, condition statements, and availability are provided in good faith and may change without notice prior to order acceptance.
2.3. Unless explicitly stated otherwise in writing, all Products are sold “as is” and “as available”. No guarantee is provided regarding suitability for a particular purpose, future performance, or economic return.
2.4. We reserve the right to refuse, suspend, or cancel any enquiry, quotation, or order at our discretion, including suspected fraudulent or non-compliant activity.
2.5. Demonstrations, videos, photographs, condition reports, and technical data are illustrative and indicative only and do not constitute a warranty or guarantee of condition or performance.
3. ENQUIRIES, QUOTATIONS, AND ORDERS
3.1. An enquiry does not constitute an offer capable of acceptance by the Company.
3.2. Quotations are valid only for the period stated (or 7 calendar days if unspecified) and may be withdrawn at any time prior to acceptance.
3.3. An order is deemed accepted only when confirmed in writing (email or digitally executed document) by the Company.
3.4. Any clerical or typographical errors in documentation may be corrected without liability.
4. PRICES AND PAYMENT
4.1. Prices exclude VAT, customs duties, import/export taxes, levies, brokerage fees, insurance, transport, installation, commissioning, and certification, unless expressly indicated.
4.2. Full payment is required prior to dispatch or collection unless an alternative milestone/payment schedule is agreed in writing.
4.3. Payment methods accepted: bank transfer (EFT/SWIFT), or other agreed secure methods. We may require proof of source of funds for compliance.
4.4. Bank charges, currency conversion costs, or transfer fees are the Client’s responsibility.
4.5. Late payments may accrue interest at the maximum lawful commercial rate plus reasonable recovery costs.
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4.6. Unless explicitly agreed otherwise in writing, orders are non-refundable once confirmed. Refunds or cancellations will only be processed if expressly agreed by the Company.
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5. DELIVERY, RISK, AND TITLE
5.1. Delivery terms (Incoterms® 2020 or domestic equivalents) will be stated in the order confirmation or invoice.
5.2. Risk in the Products passes to the Client upon the earlier of: (a) physical handover at the agreed location, or (b) collection by the Client’s nominated carrier.
5.3. Title to Products remains with the Company until cleared funds for all sums due (including ancillary charges) are received.
5.4. If the Client delays acceptance or collection, storage, insurance, deterioration, and safeguarding costs may be charged.
5.5. Delivery dates or lead times are indicative only. The Company is not liable for delay caused by logistics providers, customs authorities, regulatory checks, force majeure, or Client default, and expressly excludes any liability for consequential or indirect losses arising from such delays.
6. INSPECTION AND CONDITION
6.1. The Client is encouraged to inspect or commission an independent inspection prior to purchase. Failure to do so constitutes acceptance of condition.
6.2. Post-delivery complaints regarding wear, age, cosmetic defects, or ordinary deterioration will not be grounds for rejection unless expressly guaranteed.
6.3. Odometer/hour-meter readings (if any) are provided in good faith but not guaranteed.
7. WARRANTIES AND DISCLAIMERS
7.1. To the maximum extent permitted by law, all implied conditions, warranties, or representations (merchantability, fitness, quality, non-infringement) are excluded except where such exclusions are prohibited by applicable law.
7.2. Any manufacturer’s remaining warranty (if transferable) passes on an “as is” basis; we are not responsible for manufacturer refusal or warranty lapse.
7.3. The Client acknowledges that used machinery inherently carries wear, operational history, and latent defect risks, and assumes all risk associated with latent defects.
8. CLIENT OBLIGATIONS
8.1. Provide accurate and complete information necessary for quotations, compliance checks, export documentation, or financing.
8.2. Obtain and maintain all permits, approvals, licenses, and certifications required in the destination jurisdiction.
8.3. Use Products only in accordance with safety, environmental, and regulatory standards.
8.4. Indemnify the Company against claims arising from misuse, unsafe operation, or unlawful deployment of Products.
8.5. The Client shall not misuse the Website, attempt to gain unauthorised access, hack, or use the Website for any unlawful or fraudulent activity.
9. INTELLECTUAL PROPERTY
9.1. All Website content (text, images, video, branding, layout, trademarks) is the intellectual property of the Company or licensed third parties.
9.2. No licence is granted except for limited personal viewing of the Website. Copying, scraping, data mining, framing, or resale is prohibited without written consent.
9.3. Unauthorised use may result in legal action, including claims for damages, injunctions, and recovery of legal costs.
10. DATA PROTECTION – GDPR & POPIA
10.1. Personal data processed via the Website (contact forms, enquiries, subscriptions) is handled in accordance with our Privacy Policy.
10.2. By submitting personal information, the Client consents (where required) to processing for enquiry handling, transactional communication, marketing (if opted-in), compliance screening, fraud prevention, analytics, and service improvement.
10.3. Data subjects may exercise rights (access, rectification, erasure, restriction, objection, portability, complaint) as detailed in the Privacy Policy.
10.4. The Client represents that any third-party personal data provided (e.g., employee contact details) is supplied lawfully with appropriate notice and authority.
10.5. Cross-border data transfers may occur as described in the Privacy Policy, which contains further details on safeguards and compliance measures.
11. CONFIDENTIALITY
11.1. Non-public technical specifications, pricing strategies, negotiation details, and contractual terms exchanged are confidential and must not be disclosed except as required by law.
11.2. Confidentiality obligations survive termination of commercial discussions for 3 years (or longer where trade secrets apply).
12. ANTI-CORRUPTION, SANCTIONS, AND COMPLIANCE
12.1. The Client warrants compliance with applicable anti-bribery, anti-corruption, export control, and economic sanctions laws (including U.N., EU, U.K., U.S., and South African regimes).
12.2. We may suspend or terminate an order if compliance concerns arise, without liability for resulting losses.
12.3. The Client shall not divert Products to restricted jurisdictions, parties, or uses (e.g., military embargoed applications) without required authorizations.
13. LIMITATION OF LIABILITY
13.1. To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, punitive, exemplary, or consequential damages (including lost profits, production downtime, loss of data, or business interruption).
13.2. Aggregate liability for direct damages arising out of or related to a transaction shall not exceed the purchase price actually paid for the specific Product giving rise to the claim.
13.3. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot legally be excluded.
13.4. The Company assumes no liability for content, products, or services provided by third-party websites linked from the Website, and the Client accesses such links at their own risk.
14. INDEMNITY
The Client indemnifies and holds the Company harmless against claims, liabilities, losses, costs, or expenses (including reasonable legal fees) arising from: (a) Client breach of these Terms; (b) misuse or unsafe operation of Products; (c) violation of law or third-party rights.
15. FORCE MAJEURE
We are not liable for failure or delay caused by events beyond reasonable control, including natural disasters, epidemics, labor disputes, governmental action, cyber incidents, power failures, transport disruption, or supplier default. Either party may suspend performance during such events. Obligations will resume promptly after the event ceases.
16. TERMINATION AND SUSPENSION
16.1. We may suspend services or cancel orders if the Client: (a) fails to pay; (b) becomes insolvent; (c) engages in illegal or unethical conduct; or (d) breaches these Terms.
16.2. Termination does not affect accrued rights or obligations (including payment and indemnities).
17. GOVERNING LAW AND JURISDICTION
17.1. These Terms are governed by the laws of South Africa.
17.2. Disputes shall be submitted to competent courts in South Africa, save that we may seek injunctive or interim relief in any jurisdiction.
17.3. Prior to litigation, the parties may agree to attempt dispute resolution through mediation or arbitration.
18. NOTICES
18.1. Formal notices must be sent to the latest business address or email provided by the receiving party.
18.2. Email notices are deemed received on successful transmission (excluding bounce-back) during business hours; otherwise next business day.
19. ASSIGNMENT
19.1. The Client may not assign or transfer rights or obligations without prior written consent from the Company.
19.2. The Company may assign rights or obligations to affiliates, successors, or acquirers in connection with corporate transactions provided that notice is given to the Client.
20. SEVERABILITY
If any provision is held invalid or unenforceable, the remaining provisions remain in effect. An invalid portion will be enforced to the maximum permissible extent consistent with intent.
21. NO WAIVER
Failure to enforce any right does not constitute a waiver of future enforcement of that or any other right.
22. ENTIRE AGREEMENT
These Terms (together with accepted quotations, invoices, and policies referenced) constitute the entire agreement and supersede all prior written or oral agreements, understandings, or representations.
23. UPDATES TO TERMS
We may amend these Terms periodically. Revised versions are effective upon posting with an updated Effective Date. Material changes will be communicated via the Website or direct notice to the Client. Continued use of the Website or purchase of Products after such notification constitutes acceptance of the updated Terms.
24. CONTACT INFORMATION
Machinery For Africa
Krugersdorp, South Africa
Email: David@machineryforafrica.com
Phone: +27 83 625 3695
By using the Website or purchasing Products you acknowledge that you have read, understood, and agree to these Terms.
© 2025 Machinery For Africa. All rights reserved.
