Terms of Sale

The following Terms of Sale shall be applied to every contract for sale entered into by EXEDY Australia Pty Ltd ABN 77 069 286 782 ("EXEDY"):

1. General
   All Orders accepted by, quotations given by and goods supplied by EXEDY are subject to these Terms and Conditions of Sale and prevail over all/any conditions of the Purchaser's order form, if any, to the extent of any inconsistency. Any exceptions and/or variations to these Terms and Conditions of Sale must be specifically agreed to in writing by EXEDY.
2. Catalogues, Part Listings & Part Numbers
   1. Manufactures' Name, Part Numbers, Symbols or any other references appearing in EXEDY catalogues, part listings and/or packaging are used for reference purposes only and in no way indicate that the products are made by, for, and/or guaranteed by such manufactures;
   2. All data, applicable and/or interchanged, contained in EXEDY catalogues and part listings has been compiled as carefully as possible from reliable and official sources of information available at the time of printing and appears as a general guide only. The information contained herein is correct to the best of EXEDY's knowledge and belief. However, EXEDY can not and will not assume any responsibility for possible errors contained in any EXEDY catalogue, parts listing or publication.
3. Pricing, Returns & Trading Accounts
   1. Customers claiming short delivery or incorrect discount must notify EXEDY within seven (7) days of invoice date;
   2. Products may be returned for credit within fourteen (14) days of invoice date under the following conditions:
      1. Products and packing must be in resaleable condition. Products must not have been used or attempted to have been used. Any evidence that the product has been used will result in the return being rejected;
      2. Freight must be prepaid;
      3. A copy of the EXEDY invoice or invoice number must accompany the returned goods;
      4. A reason for the return of products must be indicated at the time of return;
      5. EXEDY reserves the right to apply a 10% handling charge to all products returned for credit;
      6. Any products specially procured or sourced may not be returned for credit;
      7. Returns will not be accepted after ninety (90) days unless by prior arrangement;
      8. Deposits on products will not be refunded after ninety (90) days;
   3. Payment must be made in full within thirty (30) days of the month in which the transaction occurred. We reserve the right to suspend your account and withhold delivery of products until all outstanding amounts are paid. Short payments are not acceptable. Requests for credit (RFC) and pending claims must notbe deducted from payments, and may result in your account being suspended.
   4. Trading accounts which are repeatedly suspended in accordance with clause 3 c) above may be closed by EXEDY, at its discretion.
   5. In default of prompt payment of the account in full, the Purchaser undertakes to indemnify EXEDY and pay all costs and expenses on a Solicitor/own client basis if legal action is necessary, and/or Debt Collection Agency fees, which EXEDY incurs in recovering from the Purchaser any overdue account.
   6. The prices set out or referred to in EXEDY price lists are recommended prices only and are subject tochange without notice. All prices quotes exclude delivery charges and GST unless otherwise specified. There is no obligation to comply with these recommendations. Please draw our attention to any errors, omissions and anomalies.
4. Warranty
   This warranty statement is current and in force from 19 April 2018.
             
   1. Subject to the exclusions outlined in this warranty, all products are warranted against faulty material and/orworkmanship for a period of twelve (12) months from the date of installation or 20,000 km, whichever occurs first. EXEDY may extend the warranty period at its discretion but any extension will be substantiated by written confirmation directly from EXEDY.
   2. This warranty covers faulty material and/or workmanship by EXEDY but not maltreatment, damage caused by collision or incorrect fitting. This warranty does not apply when the Products are fitted to a vehicle used for speed trials, racing, time trials, or off-road driving unless the product is specifically designed for that activity.
   3. Warranty claims will be rejected where Products have been fitted to incorrect or modified applications or applications not catalogued by EXEDY in catalogues and / or parts listings current at the time of purchase. Furthermore, 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.
   4. Warranty claims will be rejected where the flywheel is not machined before new clutch kit is fitted.
   5. Should a failure occur, products must be returned to EXEDY within 30 days of being removed from the vehicle. EXEDYis under no obligation to accept parts returned under warranty once this period has expired. 
   6. Any Products deemed by the Purchaser to be faulty must be returned, freight prepaid to the supplier of the Products (ordinarily, EXEDY distributors). It is the responsibility of the supplier of the Products to return the Products to EXEDY.
   7. Products returned must be accompanied by a fully completed EXEDY Warranty Form including details of reason for said claim, plus proof of purchase. The EXEDY Warranty Form is available from EXEDY distributors or from EXEDY.
   8. EXEDY will not accept any warranty claim for products repaired by the Purchaser and/or for products not returnedfor inspection to EXEDY.
   9. No credit will be issued under this warranty until the said goods/products have been tested and deemed faulty byEXEDY.
   10. Unless otherwise agreed in writing by EXEDY, the expense of claiming under this warranty shall be born by the Purchaser.
   11. 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 EXEDY. In the event a claim for labour is accepted, EXEDY will apply a rate of up to $55 per hour excluding GST based on the time deemed reasonable by EXEDY to remove and replace the clutch.
   12. EXEDY's liability under this warranty shall not extend to any consequential or indirect losses incurred by the Purchaser or its customers.
   13. 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.The contact details of EXEDY offices are:

       
       Melbourne:
       21 Fiveways Boulevard, Keysborough VIC 3173
       P (03) 9701 5556
       F (03) 9701 5955

       Sydney:
       Unit 2/3 Contaplas Street, Arndell Park NSW 2148
       P (02) 9831 7771
       F (02) 9831 7772

       Brisbane:
       12 Chapman Place, Eagle Farm QLD 4009
       P (07) 3268 2640
       F (07) 3268 3606

       Correct selection of products is the responsibility of the Purchaser. 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 EXEDY 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.

5. Delivery, Freight & Insurance
   1. Insurance is not included in the freight charge. Insurance, if required, is the responsibility of the Purchaser and must be arranged prior to dispatch of product;
   2. Customers wishing to nominate a freight company and/or method other than that used by EXEDY, must make arrangements prior to dispatch of product. All costs incurred and insurance, if required, are the responsibility of the Purchaser;
   3. The delivery times made known to the Purchaser are estimates only and EXEDY is not liable for late delivery or non-delivery;
   4. EXEDY is not liable for any loss, damage or delay occasioned to the Purchaser or its customers arising from late or non-delivery or late installation of the goods.
6. Limitation of Liability
   1. EXEDY'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.
   2. EXEDY's liability shall not extend to any consequential or indirect losses incurred by the Purchaser or its customers.
7. Retention of Title
   All products supplied by EXEDY shall remain the property of EXEDY until EXEDY receives full payment for those products. EXEDY allows the Purchaser to deal, sell or trade the products in the normal course of business and for the Purchaser to retain the sale proceeds of such sale or dealing provided that the Purchaser adheres to these Terms and Conditions of Sale. In the event of the Purchaser defaulting on any of these Terms and Conditions of Sale including the payment of any money due under these Terms and Conditions of Sale, EXEDY shall have the right to retake possession of the products supplied to the Purchaser by EXEDY and the Purchaser hereby authorises EXEDY or its representative, servant, agent or employee to enter the premises upon which the goods are housed or stored for the purpose of taking possession of same and EXEDY shall not be liable for any cost, losses damages suffered by the Purchaser as a result of EXEDY retaking possession of the products.

It is the responsibility of the EXEDY distributor to advise their staff and customers of the above Terms and Conditions of Sale.