Terms and Conditions (“Terms”)
Last updated: 19/07/2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.claytech.com.au website operated by Clayton Engineering (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
As a condition of joining our mailing list, you consent to us sending you Promotional Emails. In this document, ‘Promotional Emails’ includes product information, new offers and information about ClayTech Pumps. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button on our emails.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). ClayTech Pumps has no control over, and assumes no responsibility for, the content, privacy policies, or practices shared to a third party web-site or social media platform. You further acknowledge and agree that ClayTech Pumps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or social media platforms.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by ClayTech Pumps.
ClayTech Pumps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that ClayTech Pumps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 7 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your postal address, email address, phone number, and full name.
Any order placed by the buyer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies which may be introduced in the buyers order of acceptance. unless expressly agreed to by Clayton Engineering in writing.
Wholesale purchases are net cash thirty (30) days from end of trading month, unless otherwise expressly arranged in writing, or cash or sundry sales. Online purchases must be paid at the time of purchase online.
All prices shall be as quoted or in accordance with the Company’s price list and/or arrangements current at the time of delivery and such price lists are subject to the conditions stated thereon. Verbal quotations are subject to written confirmation which will be given when requested.
Any times quoted for delivery and installation are estimated only and the Company shall not be liable for any loss or damage howsoever arising as a result or consequence of any failure to deliver or install or for any delay in delivery or installation arising from any circumstance of whatsoever nature which is outside the Company’s control including, in particular but without limiting the generality of the foregoing, fire, flood, explosion, strike, lockout or other industrial act or dispute, or the breakdown of, or accident to, plant unavailability or shortage of raw material, labour, power supplies or transport facilities or act of God or any order or direction of any local, state or federal government authority or instrumentality. The buyer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery by instalments and each instalment shall be deemed to be sold under a separate contract. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract
No claim by the buyer need be recognised unless made in writing within fourteen days of delivery of goods to the buyer. No claim for damage or resultant expense direct or indirect in respect of any goods shall in any case exceed the invoice price of the goods in respect of which any damage or expense shall arise. All damage or expense over and above such invoice price shall be the responsibility of the buyer.
CONDITIONS & RESPONSIBILITIES
All conditions and warranties expressed or implied by statute the common law equity trade custom or usage or otherwise howsoever, are hereby expressly excluded to the maximum extent permitted by law. Where so permitted the liability of the Company for a breach of a condition or warranty that cannot be excluded is limited (at the Company’s option) to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods. The Company shall not be liable in any way whatsoever for indirect or consequential loss or loss of profit.
Any description of goods contained in this contract is given by way of Identification only and use of such description shall not constitute this contract a sale by description.
DEFAULT OF BUYER
If the buyer makes a default in any payment, commits an act of bankruptcy or enters into involuntary liquidation, the Company may at its option withhold further deliveries or cancel the contract without prejudice to their rights thereunder. The buyer remains liable for any amounts overdue. The buyer must pay charges and interest in accordance with Clayton Engineering’s then current rates.
OWNERSHIP OF GOODS
All goods remain the property of Clayton Engineering until paid for in full. If goods are sold by the purchaser prior to the payment of the invoice, the proceeds of the sale remain the property of Clayton Engineering.
Failure by the Company to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights the Company may have and shall not be deemed a waiver of any subsequent breach of any term or condition.
All goods are sold, and services performed on the understanding that all licences and permits under all relevant statutes, ordinances, rules and regulations have been obtained by the buyer and the buyer will ensure that the installations and use of goods meets all statutory requirements.
PERFORMANCE & PRESENTATION
Any figures or estimates given for performance of goods are based upon the Company’s experience and are such as the Company would expect to obtain on test. The Company will only accept liability for failure to obtain the figures or estimates given when such figures or estimates are guaranteed in writing within specific margins. The buyer acknowledges that neither the Company nor any person purporting to act on its behalf has made any representation or given any promise or undertaking which is not expressly set out in the contract whether as to the fitness of the goods for any particular purpose or any other matter.
The Company reserves the right to sub-contract the manufacture and/or supply of any part of the goods quoted or on any materials or services to be supplied.
The buyer warrants that any design or instruction furnished to the Company shall not be such as will cause the Company to infringe any patent registered design or trademark in the execution of the buyer’s order. The buyer agrees to indemnify the Company against any infringement or unauthorised use of patent trademark design or copyright arising out of the use of the goods and it is specifically agreed that the sale and purchase of the goods does not confer on the buyer any license or rights under any patent trademark or copyright the property of the Company.
If you have any questions about these Terms, please contact us on 1300 798 022.