Buyer: the person who buys or agrees to buy the goods from the Seller.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: the articles which the Buyer agrees to buy from the Seller.
Price: the price for the Goods, excluding GST and any carriage, packaging and insurance costs.
Seller: means Auger Torque Australia Pty Ltd, 122 Boundary Road Rocklea Brisbane Queensland Australia 4106 / 1/38 Frankston Gardens Drive, Carrum Downs Victoria 3201
- 2.1These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
- 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
- 2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the buyer’s acceptance of these Conditions.
- 2.4 These Conditions may not be varied except by the written agreement of the Seller.
- 2.5 These Conditions represent the whole of the agreement between the Seller and Buyer. They supersede any other conditions previously issued.
The price shall be the price quoted on the Seller’s confirmation of order or invoice. The Price is exclusive of GST which will be added at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
- 4.1 Payment of the Price and GST shall be due within the terms stated on the Sellers invoice. Standard account terms include COD, 30 days from the end of month or for USD orders 30% deposit on purchase order and the remainder owing before the goods leave their origin port.
- 4.2 The Seller will issue an invoice for the agreed sale of goods at either date of despatch, or three business days post the Seller notifying the Buyer that the goods are ready for collection.
- 4.3 The Seller may charge interest on overdue invoices. Interest will accrue from the date when payment becomes due, calculated daily until the date of payment at the rate of 8% per annum from time to time in force. Such interest shall accrue after as well as before any judgment, appointment of Administrators, Liquidators, Receiver, or an Encumbrancer takes Possession or any voluntary arrangements the Buyer may make with its Creditors. Or any occurrence whatsoever which causes the delay in payment to the Seller.
- 4.4 The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
- 4.5 In the event that the Seller has granted the Buyer an approved credit limit, all amounts owing by the Buyer will become immediately due and payable if there is a breach to these terms and conditions. The Seller may also vary or withdraw any approved credit limits, and cancel or suspend any unfilled orders.
- 4.6 Without the prior approval of the Seller, the Buyer must not allow the balance of its account to exceed any approved credit limit. The Seller may refuse orders in excess of any approved credit limit.
- 4.7 Any disputed invoices must be submitted to the Seller in writing or by emailing email@example.com within 4 weeks upon receipt of the invoice. If no such complaint has been made within 4 weeks upon receipt of invoice, the invoice is deemed to be accepted.
- 4.8 Failure to pay an account by the due date, and after having set the Buyer a reasonable deadline and at the expiration of the deadline, the Seller has the right to place the Buyers account on hold, suspend delivery, refuse further orders and withdraw any credit until payment is received. Continual late payments will default the Buyers payment terms to COD.
- 4.9 If the invoice has a discount the Seller has the right, after the payment term has fallen due, to re-invoice the Goods at the full price.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order or invoice.
The Seller warrants that the Goods will, at the time of delivery, correspond to the description given by the Seller in the confirmation of order or invoice. The Seller does not accept sequential or consequential damages. For all Warranty terms and conditions please see our Warranty Registration page for details.
7. Delivery of the Goods
- 7.1 Delivery of the Goods shall be made to the Buyer’s address, or an address directed by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
- 7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
- 7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the reasonable costs of so doing.
- 7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
- 8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
- 8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 5 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
- 8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
- 9.1 Risk shall pass on delivery of the Goods to the Buyer’s address or an address directed by the buyer.
- 9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) have been paid in full.
- 9.3 Until title passes the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
- 9.3.1 Should the Buyer use, hire, sell or otherwise deal in the Goods the Buyer acknowledges that title has not passed from the Seller to the Buyer until the Seller has been paid in full.
- 9.4 The Seller may at any time before title passes and without any liability to the Buyer:
- 9.4.1 repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell, hire or otherwise deal in them; and
- 9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
- 9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
10. Carriage (Freight) of Goods
Carriage (freight) will be chargeable on all sales unless otherwise agreed.
11. Returns policy
The Seller have a limited returns policy; unused items can be exchanged for product of the same or greater value within 10 working days of proven purchase. The item must be in original condition and free from defects or damage. Any item found to be commissioned to a parent machine will not be accepted. The only exemption to this policy if is an item has been supplied incorrectly, not fit for sale, or is not as advertised.