Asset Sales & Liquidation Terms
AXQ may, from time to time, facilitate, arrange, market, or conduct the sale, disposal, liquidation, transfer, or clearance of assets, surplus stock, equipment, inventory, materials, fixtures, vehicles, plant, technology, or other property. Such sales may occur by private sale, direct negotiation, tender, auction, clearance process, or any other method determined by AXQ in its discretion.
Condition of Assets
Unless expressly stated otherwise in writing, all assets are sold on an “as-is, where-is” basis, with all faults, defects, and imperfections, whether apparent or not.
The buyer acknowledges and agrees that:
- the buyer has had the opportunity to inspect the asset and make its own enquiries;
- the buyer is solely responsible for conducting its own due diligence before purchase;
- the buyer has not relied on any statement, representation, warranty, promise, estimate, photograph, description, or other information except to the extent expressly set out in writing by AXQ.
To the maximum extent permitted by law, AXQ gives no warranty, representation, or guarantee in relation to any asset, including as to:
- quality, condition, age, value, performance, or suitability;
- fitness for any particular purpose;
- merchantability;
- operational status or continued functionality;
- compliance with any law, regulation, standard, or technical requirement;
- availability of spare parts, manuals, service history, or support;
- ownership history, usage history, or remaining useful life.
Buyer Responsibility
The buyer is responsible for satisfying itself as to the nature, condition, quantity, specifications, suitability, and legal or operational requirements of any asset before purchase.
The buyer must make its own arrangements, at its own cost and risk, for:
- inspection;
- testing;
- dismantling;
- packing;
- loading;
- transport;
- licensing;
- installation;
- use of the asset after purchase.
Risk & Title
Risk in the asset passes to the buyer upon the earlier of:
- confirmation of payment;
- collection of the asset by or on behalf of the buyer;
- delivery or transfer of the asset to the buyer or its nominee.
Legal and beneficial title to the asset does not pass until AXQ has received cleared payment in full for all amounts owing in relation to the asset, including any applicable fees, charges, taxes, storage costs, removal costs, or delivery costs.
Until title passes, AXQ may retain possession of the asset and may refuse release, delivery, or transfer of the asset.
No Returns, Refunds or Exchanges
Unless required by law or expressly agreed in writing, all sales are final. AXQ is under no obligation to accept returns, provide refunds, offer credits, or exchange assets after sale.
No Ongoing Liability
To the maximum extent permitted by law, AXQ is not liable for, and the buyer releases AXQ from, any claim, loss, damage, cost, or expense arising out of or in connection with:
- defects, faults, or deficiencies discovered after sale;
- breakdown, failure, or non-performance of the asset;
- loss of use, downtime, delay, or interruption;
- repair, replacement, modification, or maintenance costs;
- indirect, incidental, special, punitive, or consequential loss;
- loss of profit, revenue, business, opportunity, goodwill, or anticipated savings;
- any damage or injury arising from transport, installation, storage, operation, misuse, or disposal of the asset after risk has passed.
Limitation of AXQ Role
Where AXQ acts only as facilitator, agent, coordinator, or intermediary for a sale, AXQ is not responsible for the acts, omissions, statements, defaults, or conduct of the owner, seller, buyer, transporter, contractor, or any third party involved in the transaction, except to the extent required by law.
Compliance With Law
The buyer is responsible for ensuring that its purchase, collection, transport, possession, use, modification, resale, or disposal of the asset complies with all applicable laws, approvals, licences, permits, and regulatory requirements.
Australian Consumer Law
Nothing in these terms excludes, restricts, or modifies any consumer guarantee, statutory right, or remedy that cannot lawfully be excluded, restricted, or modified under the Competition and Consumer Act 2010 (Cth) or any other applicable law.