Exedy Clutch and Brake

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EXEDY Worldwide Careers Terms and Conditions of Sale

Terms and Conditions of Sale

The following Terms and Conditions 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 not be 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 to change 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
    1. All products, with the exception of products described in 4 c) below, are warranted for a period of twelve (12) months from the date of installation or 20,000 km, whichever occurs first. Products for tractors have a workmanship warranty only;
    2. All products supplied by EXEDY are warranted against faulty material and/or workmanship but not maltreatment, damage caused by collision or incorrect fitting. Warranty does not apply when the products sold 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;
      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 bystanders. The bell housing will not protect vehicle occupants from exploding parts.
    3. Clutch kits and/or clutch components fitted to modified vehicles and/or clutch components that have been modified to heavy duty specifications and/or any specification/non original conversions; clutch disc and/or clutch disc friction material that has been altered, i.e. conversion to steel back bonded facing material ceramic bronze or other sintered friction material made to button or paddle style for heavy duty or any other use, including listings with suffix "B", excluding those listed that are fitted OE with button type clutches, are not covered by any warranty issued by EXEDY;
    4. Warranty claims will be rejected where component parts have been fitted to incorrect/unlisted or modified applications. Any part not checked for correctness before installation will be the responsibility of the purchaser and installer. No credit will be approved for installed, used and incorrectly fitted parts;
    5. Flywheel must be machined before new clutch kit is fitted otherwise warranty will be void;
    6. Any products deemed by the customer to be faulty must be returned, freight prepaid or delivered to an EXEDY representative;
    7. Products returned must be accompanied by a fully completed EXEDY Warranty Form including details of reason for said claim, plus proof of purchase;
    8. No credit for warranty will be issued until the returned products have been tested and deemed faulty by EXEDY;
    9. EXEDY will not reimburse any costs under warranty for products repaired by the Purchaser and/or for products not returned for inspection by EXEDY Australia Pty Ltd;
    10. Any claims for labour associated with products returned under warranty will be assessed if approved, will be reimbursed at the rate of $35 per hour;
    11. It is the responsibility of the Purchaser to advise their customer on all aspects of this warranty including warranty procedures.
    Note: Correct selection of goods/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
  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.