Terms and Conditions
Exclusion of other terms & conditions: The following terms & conditions shall apply to the sale of all products and goods produced by Townley Drop Forge Pty Ltd (the Manufacturer).
Basis of acceptance for quotation: All quotations are based solely on the information supplied to the Manufacturer. The client shall pay for extra cost or expenses arising from incorrect information supplied by the client.
Quoted delivery times: The Manufacturer will use their best endeavors and resources to meet specified delivery dates. The Manufacturer will be under no liability for any kind of delay in delivery caused by internal or external causes.
Variation to formal quotation: Any quotation that is given is based on labour, material and overhead costs ruling at the date of submission, and the prices quoted shall remain firm for the period shown on the quotation. After that period has been exceeded the prices may be revised at the Manufacturer's discretion.
Prices: Clients will be invoiced at the prevailing recommended prices, inclusive of GST component less trade discount if applicable. All prices are subject to change without notice and all merchandise will be invoiced at the price prevailing at the date of despatch.
Terms of payment: Goods are supplied to the entire Manufacturer's credit approved Customers on the understanding that payment will be made 30 days from the date of Invoice. All non-approved Customers must make payment against "pro forma" invoices. Failure to pay within terms will result in withholding supply and a service fee.
Service fee: A service fee will be charged on all overdue balances, it is the responsibility of the Customer to ensure payment arrives within the terms allow under normal trading terms.
Collection expenses: All collection expenses including any legal cost and disbursements on a Solicitor-Client basis incurred by the Manufacturer in collection of overdue accounts will be payable in full by the Customer.
Claims, returns and allowances: No claims for credit will be accepted unless made in writing within 7 days of delivery of goods, except claims for non-delivery, which must be made in writing within 21 days from the date of invoice. All credits must refer to the official invoice number and state the reason for the claim. No claims will be recognized for custom forgings, special manufactured items and tested/stamped forgings. All returns will required a "Goods Return Authorization Number"which is obtained from Townley Drop Forge Pty Ltd prior to the goods being returned. Any goods with no authority for return will not be accepted into store and immediately returned to the Customer at the Customer's expense. All returns are subject to a 20% restocking fee and freight at client's expense and are subject to adjustment forms for GST purposes. The Manufacturer will pay for freight cost for return of faulty good.
Claims for credit: The following must support ALL claims for credit:
• Carriers consignment note or similar proof of receipt of delivery
• The relevant invoice number of the original transactions
Delivery claims: All products sold by the Manufacturer will be deemed to be of the required quantity and the type as that ordered by the client. Claims must be made 7 days from the proven date of receipt of goods. Should the claim be the fault of the Manufacturer, the replacement and freight charges will be incurred by the Manufacturer and be returned to the Manufacturer by carriers nominated by the Manufacturer.
Delivery charges: The client shall nominate the freight company of their choice and freight costs to be paid by the client. The client may request Townley Drop Forge to source freight. These costs shall be identified and charged to the client as freight.
Suitability of products: The client shall be solely responsible for determining the suitability of products sold, for the purpose of which they are intended, and acknowledge that the Manufacturers are not aware of that purpose and, therefore is void of all responsibility.
Insurance: Insurance of products delivered by a carrier nominated by the client will be the client's responsibility.
Test certificate: Test certificates will be supplied if requested at the time of ordering. Test certificates issued by the Manufacturer are valid only in respect of each actual product tested at the time of dispatch from the Manufacturer. Unless goods are supplied with a valid test certificate they are untested and the manufacturer denies all liability whatsoever. Testing and Test certificates can be requested at the time of ordering.
Tolerance and dimensions: Products as shown on the Manufacturer's price list will be subject to the commercial tolerance or to the relevant application standard. In the case of specific custom forgings, the tolerances applicable will be the responsibility of the Customer.
Liability: Should a product supplied by the Manufacturer be defective, the Manufacturer will, at the client's option, replace such products as soon as reasonably practicable or refund the price of the articles and will bear reasonable costs of return of that product.
Suspension of order: In the case of custom forgings, the Manufacturer will be entitled to make such charges to defray labour and material costs that have arisen from cancellation of orders by the client.
Return of non-standard stock lines: Products such as Long Shank Eye bolts, machined Shank Hooks and custom forgings are other modified stock lines and are non-returnable. Whilst every endeavor by the Manufacturer in conjunction with the client will be undertaken to resource these items no returns will be accepted if that effort is unsuccessful.
Law: The laws in force in the state in which the contract is made shall govern the construction, validity and performance of any contract arising. The signing of a manifest or delivery docket of goods received not withstanding anything that may be stated to the contrary by the purchaser shall constitute acceptance of these goods.
Consequential Loss: The Manufacturer will not be liable for any direct and indirect loss of profit or consequential loss or damage arising as a result of the supply of defective product.
Acknowledgments. The Customer acknowledges that:
a) It has not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by the Manufacturer in relation to the goods and services, their design, or their use or application.
b) It has the sole responsibility of satisfying itself that the goods or services are suitable for the use of the Customer or any contemplated use by the Customer, whether or not such use is known by the Manufacturer; and
c) Any description of the goods provided in a quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.
For the sake of clarity, the design and manufacture of all custom forgings & goods are the express responsibility of the Customer notwithstanding any interaction with the manufacturer during the process
Romalpa Clause. All title in the goods supplied by the Manufacturer remains with the Manufacturer until all invoices are paid relating to those goods by the Customer.