ABN 36 008 202 711
TERMS & CONDITIONS
The following terms and conditions will be incorporated into every contract for sale and/or delivery of goods by Australian Clutch Services Pty Ltd ABN 36 008 202 711 and its related bodies corporate (as that term is defined in the Corporations Act 2001) (Supplier). All quotations given, orders accepted and
credit extended by the Supplier are subject to the following terms. The terms and conditions contained within the Supplier’s credit application co-exist with the invoices contained on the back of the invoice. To the extent that there is any inconsistency, the terms contained within the credit application originally
signed by the Applicant will prevail.
The Supplier’s full terms and conditions of trade are applicable to all supplies of goods on credit.
A copy of the terms and conditions of trade are available on request.
1. Payment terms
(a) The terms of payment are strictly 30 days (or such other period as nominated by the Supplier) from end of month of invoice, and payment is due and payable on that date.
(b) Should you (Applicant) not pay for the goods or services supplied in accordance with clause 1(a) or as agreed in writing by the Supplier from time to time, the Supplier will be entitled to charge an administration fee of 10 percent of the amount of the invoice payable per year, or part thereof,
from the date the goods or services were supplied (and not the day when the Supplier’s invoice was payable) until payment by the Applicant.
2. Formation of contract
(a) Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation.
(b) The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it.
(c) Only written acceptance by the Supplier of the Applicant’s offer will complete a contract.
(d) Placement of an order, either verbally or in writing, will imply acceptance of the Supplier’s offer and of these terms and conditions.
3. Retention of title
(a) Whilst the Applicant has not paid for the goods supplied in full at any time, the Applicant agrees that property and title in the goods will not pass to the Applicant and the Supplier retains the legal and equitable title in those goods supplied and not yet sold.
(b) Until payment in full has been made to the Supplier, the Applicant will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods.
(c) The Applicant will be entitled to sell the goods in the ordinary course of its business, but until full payment for the goods has been made to the Supplier, the Applicant will sell as agent and bailee for the Supplier, and the proceeds of sale of the goods will be held by the Applicant on trust for the Supplier
(d) The Applicant’s indebtedness to the Supplier, whether in full or in part, is not discharged by the operation of clause 3(c) hereof unless and until the funds held on trust are remitted to the Supplier.
(e) The Applicant agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with or without prior notice to the Applicant, to enter upon any premises occupied by the Applicant (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Applicant) to inspect the goods of the Supplier and to repossess the goods which may be in the Applicant’s possession, custody or control when payment is overdue.
(f) The Applicant will be responsible for the Supplier’s costs and expenses in exercising its rights under clause 3(e). Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Applicant against the Supplier, its
employees, servants or agents.
(g) The Applicant agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods and if necessary, sell the goods with the trademark or name of the Applicant on those goods, and the Applicant hereby grants an irrevocable
licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Applicant.
(h) For the avoidance of doubt, the Supplier’s interest constitutes a ‘purchase money security interest’ pursuant to the Personal Property Securities Act 2009.
(a) Prices quoted by way of representative of the Supplier or published price lists are subject to change without notice, and are not binding by the Supplier.
(b) The prices of goods are exclusive of all delivery charges and insurance costs, which are payable by the Applicant.
(c) The Supplier reserves the right to increase prices to take into account any increase in cost to the Applicant or for supplying the goods.
5. Cancellations, returns, credits and deposit credits
Save and except as may be required by any applicable state or federal legislation:
(a) goods (except those stated below) returned for credit by the Applicant will be accepted for credit by the Supplier only if the goods are received by the Supplier within 14 days from the date of invoicing the goods and the Applicant accepts a restocking charge of 10 percent of the value of the said goods
unless prior arrangements have been made with the Supplier;
(b) goods returned for credit by the Applicant that are not in a clean and resalable condition or do not include original packaging will not be accepted by the Supplier for credit;
(c) goods made to order and/or specifically procured will not be accepted for credit without prior agreement of the Supplier;
(d) requests for credit arising from incorrect invoicing must be made before the due date for payment of the invoice in question;
(e) unless otherwise agreed in writing, orders cannot be cancelled once production/repair of the goods the subject of the order has commenced, and the Applicant will be liable for the full purchase price notwithstanding any purported cancellation of an order;
(f) unless prior arrangement has been made, credits for deposit charges will not be allowed after 60 days from the date of invoicing said deposits;
(g) the Supplier reserves the right to charge the Applicant a penalty on exchange deposit items that are returned in what the Supplier deems to be an unserviceable condition; and
(h) the Supplier will only accept for credit exchange deposit items that are of the same type and/or specification.
Australian Clutch Services goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Australian Clutch and Components are guaranteed to be free from defects in materials or manufacture from date of fitment, as detailed below:
First - 12 Months with Unlimited Travel (parts and labour @ $60.00 per hour)
Second - 12 Months with Unlimited Travel (parts only)
(a) Warranty claims will not be accepted until the said goods have been tested and deemed faulty by the Supplier.
(b) The Supplier will not pay any claim for goods repaired by the Applicant.
(c) Claims will be rejected where clutch kits or components have been fitted to incorrect or unlisted applications.
(d) All goods supplied by the Supplier are warranted against faulty material and/ or workmanship but not maltreatment and damage caused by collision or driver abuse.
(e) Warranty does not apply when the goods sold are fitted to a vehicle used for speed trials, racing, time trials commercial and off road vehicles unless fitted as original equipment.
(f) Prior to a new clutch kit being fitted, the flywheel must be machined, otherwise warranty will be void.
(g) In respect of warranty repairs, the repairer has a duty to minimise losses in respect of rework and replacement of parts so any claims against the seller, for labour, will be reimbursed on an internal labour cost basis up to a maximum of $60 per hour for specified times.
(h) Goods purchased from the Supplier that are then modified or altered for fitting a vehicle will void the warranty.
(i) For further warranty information please refer to www.australianclutch.com.au
7. Delivery and freight
(a) The Supplier will make all reasonable efforts to have the goods delivered to the Applicant on the date agreed as the delivery date, but the Supplier will be under no liability whatsoever should delivery not be made on this date.
(b) The Supplier reserves the right of supplying any order in full or part.
(c) All freight and transit insurance charges are the responsibility of the Applicant unless specific arrangements with the Supplier have been made prior to despatch.
1 Hakkinen Road, Wingfield, SA 5013
Phone: +61 (08) 8300 5000
Sales Fax: +61 (08) 8300 5050
Admin Fax: +61 (08) 8300 5055