Terms & Conditions

1.About these terms

These Terms & Conditions (the “Terms”) are a legal agreement between you (“you”, the “Customer”) and MineCap Global Inc (“MineCap Global”, “we”, “us”), a company incorporated in the State of Delaware, United States, together with its offices in Perth, Australia and Johannesburg, South Africa. They apply to every quotation, order, sale of goods, supply of technical labour or engineering services, and to your use of mine-cap.com.

By placing an order, accepting a quotation, or using this website, you confirm that you accept these Terms and that you have authority to bind the organisation on whose behalf you act. If you do not agree, do not place an order or use the site.

2.Definitions

• Goods — hydraulic components, equipment, spare parts and other products we supply.
• Services — technical labour, maintenance, and custom engineering work we provide.
• Order — your request to purchase Goods or Services, whether placed online, by email, or against a written quotation.
• Contract — the binding agreement formed when we accept your Order in accordance with clause 5.
• Custom Goods — Goods that are made, engineered, machined, cut, configured or sourced to your specification.

3.Accounts & eligibility

Our products and services are offered on a business-to-business basis and are intended for commercial and industrial buyers. You must be at least 18 years old and legally able to enter into contracts. Where the site provides a distributor, client or artisan portal, you are responsible for keeping your login credentials confidential and for all activity under your account. Your use of any portal is also subject to our Acceptable Use Policy.

4.Quotations, products & pricing

• Quotations are valid for the period stated on them or, if none is stated, for 30 days, and may be withdrawn or revised before we accept your Order.
• We take care to describe Goods and their specifications accurately, but images, drawings, weights and dimensions are indicative. Minor variations do not entitle you to reject the Goods.
• Prices are exclusive of delivery charges, taxes, duties and levies unless expressly stated. Applicable taxes and shipping are added at checkout or on the quotation.
• We may correct obvious pricing or typographical errors. If the correct price is higher than the price shown, we will contact you before accepting your Order.
• You are responsible for ensuring the Goods and their specifications are suitable for your intended application and operating conditions.

5.Orders & formation of contract

Your Order is an offer to purchase. An acknowledgement of receipt does not constitute acceptance. A Contract is formed only when we confirm acceptance of your Order in writing (including by order confirmation email) or, if earlier, when we dispatch the Goods or begin the Services. We may decline any Order — for example where Goods are unavailable, we cannot verify your details, or an error has occurred.

6.Payment

• Payment is due in the currency and on the terms stated on the invoice or quotation. Unless agreed credit terms apply, payment is due before dispatch.
• Where credit terms are granted, invoices are payable within the agreed period. We may charge interest on overdue amounts at the maximum rate permitted by law and suspend deliveries while amounts remain outstanding.
• All prices exclude, and you are responsible for, applicable sales, use, VAT/GST and similar taxes.

7.Shipping & delivery

Delivery charges are the responsibility of the Customer and are added to the Order unless expressly agreed otherwise. Delivery dates are estimates and time is not of the essence. We are not liable for delays caused by carriers, customs, or events outside our reasonable control. Full details are set out in our Shipping Policy, which forms part of these Terms.

8.Title & risk

Risk in the Goods passes to you on delivery (or, for collection or ex-works terms, when the Goods are made available to you or your carrier). Title to the Goods does not pass to you until we have received payment in full for those Goods and any other amounts you owe us. Until title passes, you must store the Goods so they are identifiable as ours and keep them insured.

9.Cancellations, returns & restocking fee

Requests to cancel or return Goods are handled under our Returns & Refunds Policy, which forms part of these Terms. The key commercial terms are:

Where Goods are faulty, damaged in transit or not what you ordered, we cover return shipping and no restocking fee applies. See the Returns & Refunds Policy for the return window, condition requirements and the RMA process.

10.Warranties & product suitability

We warrant that Goods will, at the time of delivery, conform in all material respects to their published specification and be free from defects in materials and workmanship under normal use for the warranty period stated for the product (or, if none is stated, 12 months from delivery). Services will be performed with reasonable care and skill.

This warranty does not apply to fair wear and tear, or to damage caused by misuse, incorrect installation, unsuitable operating conditions, unauthorised modification, or failure to follow our instructions. Manufacturer warranties, where applicable, are passed through to you. Certain consumer guarantees that cannot be excluded by law — including under the Australian Consumer Law — apply in addition to this warranty and are not limited by it.

11.Limitation of liability

Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by our negligence, for fraud, or under non-excludable statutory guarantees.

Subject to that:

• We are not liable for loss of profit, loss of production, loss of contracts, downtime, or any indirect or consequential loss, however arising.
• Our total liability arising out of or in connection with any Contract, whether in contract, tort (including negligence) or otherwise, is limited to the price paid for the Goods or Services giving rise to the claim.

12.Intellectual property

All content on this website and in our drawings, specifications and documentation — including the MineCap name, logo, and brand — is owned by or licensed to us and protected by intellectual property laws. You may not copy, reproduce or exploit it without our prior written consent, except as reasonably necessary to use the Goods and Services you have purchased.

13.Confidentiality & data protection

Each party will keep the other’s non-public commercial and technical information confidential and use it only to perform the Contract. Our handling of personal data is described in our Privacy Policy.

14.Force majeure

We are not liable for any failure or delay in performing our obligations caused by events outside our reasonable control, including strikes, supply-chain disruption, transport failures, natural events, epidemics, war, or government action. If such an event continues for more than 60 days, either party may cancel the affected Order.

15.Governing law & disputes

These Terms and any dispute arising from them are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of its courts — save that we may bring proceedings to recover unpaid sums or protect our intellectual property in any court of competent jurisdiction. Nothing in this clause deprives a consumer of the protection of mandatory laws of their country of residence.

16.General

• We may update these Terms from time to time; the version in force when you order applies to that Order.
• If any provision is found unenforceable, the remaining provisions continue in effect.
• Our failure to enforce a right is not a waiver of it.
• You may not assign your rights under a Contract without our written consent.

17.Contact

Questions about these Terms or an order: