Direct Clutch – Terms & Conditions
ABN 99 129 365 742
TERMS & CONDITIONS
The following terms and conditions will be incorporated into every contract for sale and/or delivery of goods by Direct Clutch Services Pty Ltd ABN 99 129 365 742 and its related bodies corporate (as that term is defined in the Corporations Act 2001) (the 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.
The Supplier’s 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. The Supplier’s Products and Components are guaranteed to be free from defects in materials or manufacture from date of fitment, as detailed below:
Warranty This warranty statement is current and in force from 1 Jan 2020.
- Subject to the exclusions outlined in this warranty, all products are warranted against faulty material and/or workmanship for a period of twelve (12) months from the date of installation or 20,000 km, whichever occurs first.
- This warranty does not cover any performance clutches.
- This warranty covers faulty material and/or workmanship by the Supplier but not maltreatment, damage caused by collision or incorrect fitting. For vehicles fitted outside of the original specification (i.e. conversions and high performance vehicles) the warranty will not apply to the following: shudder, slip, different pedal feel and harsh engagement.
- Warranty claims will be rejected where Products are not checked for correct fit and function before installation. No credit will be approved under this warranty for installed, used and incorrectly fitted parts.
- Warranty claims will be rejected where the flywheel is not machined before new clutch kit is fitted.
- Should a failure occur, products must be returned to the Supplier within 30 days of being removed from the vehicle. The Supplier is under no obligation to accept parts returned under warranty once this period has expired.
- Any Products deemed by the Purchaser to be faulty must be returned, freight prepaid to the supplier of the Products (the Supplier). It is the responsibility of the Purchaser of the Products to return the Products to the Supplier.
- All goods must be returned to the Supplier with full details and reason of the claim, plus proof of purchase.
- No claim/credit will be issued until the Goods have been tested and deemed faulty by the Supplier. No claim or credit will be issued for goods repaired by the Purchaser without returned to Direct Clutch for inspection.
- Unless otherwise agreed in writing by the Supplier, the expense of claiming under this warranty shall be by the Purchaser.
- Any claim for expenses, including labour associated with products returned under warranty must accompany the products being returned and must be substantiated by clear documentation (e.g. workshop invoice) and will be assessed by the Supplier. In the event a claim for labour is accepted, NPC will apply a rate of $60 per hour excluding GST based on the time deemed reasonable by Direct Clutch to remove and replace the clutch.
- Direct Clutch’s liability under this warranty shall not extend to any consequential or indirect losses incurred by the Purchaser or its customers.
- The benefits given by this warranty are in addition to the statutory rights and remedies available to the Purchaser under the Competition and Consumer Act 2010. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Consumers 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.
- Correct selection of products is the responsibility of the Purchaser. Please Note: Before fitting, always try the clutch disc on the gearbox spline and check the height of the cover assembly and release bearing.
WARNING: Do not use Direct Clutch products in any situation where engine RPM’s may exceed manufacturer’s specifications as they can explode unexpectedly causing serious injury or death to vehicle occupants and by standers. The bell housing will not protect vehicle occupants from exploding parts.
Limitation of Liability
Direct Clutch’s liability for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than section 69) is limited to any one or more of the following:
1. the replacement of the products or the supply of equivalent products;
2. the repair of the products;
3. the payment of the cost of replacing the products or of acquiring equivalent products;
4. the payment of the cost of having the products repaired.
5. Direct Clutch’s liability shall not extend to any consequential or indirect losses incurred by the Purchaser or its customers.
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 dispatch.
39 Crosby Road, Albion, Queensland, 4010
Phone: +61 (07) 3862 2680
Last revision 30/ 05/ 2020