Refund policy
Last updated: 31 August 2026
This policy explains returns, remedies and refunds for goods purchased from The Trustee for THE RUSSELL LEWIS FAMILY TRUST, trading as Mining & Industrial Surplus and West Oz Surplus Machinery and Equipment (ABN 58 003 810 363). It applies alongside, and does not limit, any rights you have under the Australian Consumer Law or another law that cannot be excluded.
Australian Consumer Law rights
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. If the Australian Consumer Law applies to your purchase, the remedy available when a product does not meet a consumer guarantee depends on the nature and seriousness of the problem.
A problem is major when, for example, the product:
- is unsafe;
- is substantially different from its description or sample;
- has one serious problem, or several smaller problems, that would have stopped a reasonable customer from buying it if they had known about them; or
- cannot be used for its normal purpose, or for a purpose you told us about before purchase, and cannot easily be fixed within a reasonable time.
For a major problem, you may reject the product and choose a refund or a replacement of the same type, subject to the Australian Consumer Law. You may instead choose to keep the product and seek compensation for the reduction in value. You may also be entitled to compensation for other reasonably foreseeable loss or damage.
For a minor problem, we are entitled to provide a free repair within a reasonable time. If we cannot or do not do so, you may be entitled to have the problem fixed elsewhere and recover reasonable costs, or to reject the product and seek a refund or replacement, as permitted by the Australian Consumer Law.
New, used, sale and clearance goods
Consumer guarantees can apply to both new and used goods. For used goods, factors such as age, price, disclosed condition and statements made in the listing or before purchase are relevant when assessing acceptable quality.
To the extent provided by the Australian Consumer Law, goods are not treated as failing the acceptable-quality guarantee merely because of a particular feature specifically and clearly drawn to your attention before you agreed to buy. This does not affect rights concerning another defect, a misdescription, a misleading representation, an express promise or another applicable guarantee.
New, used, sale and clearance goods remain covered by all consumer rights that apply by law. A reduced price or sale label does not remove those rights.
How to make a consumer guarantee claim
Please contact us as soon as reasonably practicable and provide:
- your name, order number and reasonable proof of purchase;
- a description of the problem and when it arose; and
- clear photographs or video where these will help us assess the issue safely and promptly.
We may reasonably inspect or test a product before confirming the appropriate remedy. We will not require original packaging as a condition of an Australian Consumer Law remedy, although retaining suitable packaging may help protect an item during transport.
Please contact us before sending anything back, particularly heavy, oversized or dangerous goods, so we can agree on safe return or collection arrangements. If return or collection is appropriate, we will provide instructions and, where the agreed carrier service uses one, a return shipping label or equivalent freight paperwork.
Return and collection costs for faulty goods
If a product is confirmed to have a problem covered by the Australian Consumer Law, we will reimburse reasonable return costs you have paid. Please keep receipts and use the return method agreed with us.
If you tell us a product has a problem and it is too large, heavy or difficult to return without significant cost, we will arrange collection at our expense within a reasonable time.
If our reasonable assessment finds no problem covered by law and we propose to charge collection or inspection costs, we will give you a reasonable estimate before collecting or inspecting the product.
No change-of-mind returns
We do not offer returns, exchanges, store credits or refunds solely because you:
- changed your mind;
- ordered the wrong item or quantity;
- found the item cheaper elsewhere;
- no longer need the item; or
- cannot use the item because of an incorrect compatibility or suitability selection, where the listing and any information or recommendation we supplied were accurate.
Please check part numbers, revisions, dimensions, ratings, condition information and compatibility requirements before ordering and contact us if you need clarification.
This no-change-of-mind position does not exclude or limit any right or remedy for goods that are faulty, unsafe, damaged in transit, incorrectly supplied, misdescribed, unfit for a purpose made known to us before purchase, or otherwise fail to comply with a consumer guarantee or another legal requirement. It applies equally to new, used, sale and clearance goods.
Replacements
Because many products are one-off or limited-quantity surplus stock, the same type of product may no longer be available. Where the Australian Consumer Law gives you a right to choose a replacement, we will provide one if a replacement of the same type is reasonably available. If it is not available, we will provide the alternative remedy required by law.
Refund processing
Once entitlement to a refund is established and any return or collection required by law is completed, we will initiate the refund within five business days. A statutory refund is not subject to a discretionary internal approval.
We will notify you of the assessment outcome and, where applicable, the refund or other remedy to be provided. We aim to assess a returned product and notify you within five business days after receipt. If specialist testing is reasonably required, we will explain the expected timeframe and keep you updated.
Refunds are made to the original payment method unless you agree to another method. Your bank or payment provider may require additional time to make the funds available.
International returns
International catalogue access is provided for enquiries, and we do not currently accept online consumer orders outside Australia. This section applies to an approved international business sale made under a written quote.
Contact us before returning an international order. We will confirm the return address, carrier, customs documents, safety requirements and the allocation of return freight or customs costs under the accepted quote and applicable law.
Nothing in this policy excludes any consumer right or remedy that cannot lawfully be excluded in your country or region.
Contact us
Email: enquiries@miningsurplus.com.au
Phone: 0499 436 167
Warehouse and arranged returns: 38 Burlington Street, Naval Base WA 6165, Australia
Please contact us before sending or delivering a product so we can provide instructions or confirm an appointment. This helps us arrange safe receipt, particularly for heavy or dangerous goods, but the request does not prevent or delay the exercise of a statutory right or remedy.