Terms and Conditions of Sale
As at 1st July 2012
The following Terms and Conditions of Sale shall be applied to every contract for sale entered into by NPC Group Pty Ltd t/a NPC Performance Clutches ACN 119 830 732 ("NPC"):
All Orders accepted by, quotations given by and goods supplied by NPC 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 NPC.
Supply of Goods
NPC agrees to deliver the goods to the Purchaser at the agreed location. Risk in the goods passes on delivery. Customers claiming short delivery or incorrect pricing must notify NPC within 10 working days of delivery or invoice date.
Goods may be returned for credit within 30 days of invoice date subject to the following conditions:
- Products and packing must be in re-saleable 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;
- Freight must be prepaid;
- A copy of the NPC invoice or invoice number must accompany the returned goods;
- A reason for the return of products must be indicated at the time of return;
- Any products specially procured or sourced may not be returned for credit and will incur freight return costs;
- All specially manufactured and/or modified goods may not be accepted for credit returns;
- Returns accepted after 30 days, may incur a 10% handling fee;
- Returns will not be accepted after 90 days unless by prior arrangement;
- Payment must be made in full by the Purchaser. Unless otherwise agreed, payment is due 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.
- Trading accounts which are repeatedly suspended in accordance with clause 3 c) above may be closed by NPC, at its discretion.
- In default of prompt payment of the account in full, the Purchaser undertakes to indemnify NPC and pay all costs and expenses on a Solicitor/own client basis if legal action is necessary, and/or Debt Collection Agency fees, which NPC incurs in recovering from the Purchaser any overdue account.
- The prices set out or referred to in NPC price lists are recommended prices only and are subject to change without notice.
- All prices/quotes exclude delivery and GST unless otherwise specified.
- In addition to the cost of the Goods, unless otherwise specified, NPC will charge freight where NPC delivers the goods to the customer. Freight costs must be paid at the time of payment of the goods.
- Insurance is not included in the fright charge. Insurance, if required, is the responsibility of the customer and be arranged prior to the dispatch of goods.
- Purchasers wanting to nominate another freight company and/or method of delivery, other than the one used by NPC, must make arrangements prior to dispatch of the goods. Any costs incurred are the responsibility of the customer.
- NPC 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
Warranty This warranty statement is current and in force from 1 July 2012.
- 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 NPC 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 NPC within 30 days of being removed from the vehicle. NPC 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 (NPC). It is the responsibility of the Purchaser of the Products to return the Products to NPC.
- All goods must be returned to NPC 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 NPC. No claim or credit will be issued for goods repaired by the Purchaser without returned to NPC for inspection.
- Unless otherwise agreed in writing by NPC, 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 NPC. In the event a claim for labour is accepted, NPC will apply a rate of $35 per hour excluding GST based on the time deemed reasonable by NPC to remove and replace the clutch.
- NPC’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 NPC 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
NPC'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. NPC's liability shall not extend to any consequential or indirect losses incurred by the Purchaser or its customers.
Retention of Title All products supplied by NPC shall remain the property of NPC until NPC receives full payment for those products. NPC 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, NPC shall have the right to retake possession of the products supplied to the Purchaser by NPC and the Purchaser hereby authorises NPC employee to enter the premises upon which the goods are housed or stored for the purpose of taking possession of same and NPC shall not be liable for any cost, losses damages suffered by the Purchaser as a result of NPC retaking possession of the products.
It is the responsibility of the NPC distributor to advise their staff and customers of the above Terms and Conditions of Sale