Terms and Conditions of Sale
The following terms and conditions (the terms) shall be incorporated into every contract for sale and or delivery of product (the goods) by Clutch Industries Pty. Ltd. to the buyer (the buyer). All quotations given, orders accepted and or credit extended by the seller are subject to these the terms and no agent or representative of the seller has any authority to vary or omit any of these terms unless expressly agreed in writing by a director of the seller.
Before purchasing any of the goods from the seller, the buyer.
- Agrees that they have read, understood and sort legal advise relating to the terms, warnings and instructions contained in the seller’s current catalogues, technical bulletins and or published technical data (“Documents”); and
- Agrees that they are themselves, a responsible, competent and appropriately skilled user or reseller of the goods and that they comprehend and understand the dangers of incorrect use, modification of and incorrect installation or assembly of the goods and
- The seller’s acceptance of the order is subject to these terms and conditions of sale and to any additional terms and conditions that may be contained in the seller’s price lists or quotations pursuant to which the order was given.
Each order for the goods (whether in writing or verbally) which sets out the quantity, price and a description of the goods required, including time, date and address for delivery, placed by the buyer amounts to an offer by it to acquire from the seller in the Order upon these the terms. The seller may, at its discretion, accept an order by doing one of the following within 15 days after the date that the seller receives the order:
- Deliver the goods to the address for delivery set out in the order; or
- Provide the buyer an estimated date for delivery.
- Each order that is accepted by the seller under clause 3 constitutes a separate contract between the seller and the buyer which the parties agree is governed by these the terms. Failure of the seller to accept the order in accordance with this clause 3 will be a rejection of the Order.
The seller may, at its absolute discretion, refuse to sell or supply the goods to the buyer. The seller is not required to give reasons for its refusal.
Any order that has been accepted by the seller may not be reduced or cancelled by the buyer after acceptance by the seller
These terms and conditions of sale (the terms) shall take precedence over any additional or inconsistent terms and conditions contained in the buyer’s order or in the buyer’s request for quotation.
Acceptance of Goods delivered to the buyer shall be deemed to have taken place at the expiration of 3 days from the date of delivery to the buyer. Failure to notify the seller within this period will be deemed to be an acknowledgment by the Buyer that the:
- Quantities as set out by the invoice are correct; and
- The goods are of an acceptable quality; and
- The goods are not damaged and will not be returned.
The buyer may return the goods for credit, but the Seller is not obliged to accept the goods, provided the following conditions are satisfied:
- The seller’s written approval has first been obtained and the original invoice number and date have been quoted for reference and verified by the seller.
- The goods have not been used and are received by the seller in their original and resalable condition.
- The buyer agrees to pay all freight and other charges to return the goods to the seller.
- The buyer agrees to pay a handling charge of 15% of the invoice value of the goods returned if returned to the seller more than 21 days after the original delivery date.
- If the goods were procured specially for the buyer or made or supplied according to the Buyer’s specifications then such goods will not be accepted by the seller for credit.
- Goods may not be returned for credit more than 60 days after the date of delivery