General

1. These Terms of Sale (terms) apply in any contract of supply of products made between Complete Beltings Solutions Pty Ltd TA Clarkie Tyres (we, us or our) as supplier and you as customer (you, yours). Placing an order with us by any means, including via phone, email, website, online portal, or face to face (verbally or in writing), will constitute deemed acceptance by you of these terms.

2. We reserve the right to amend these terms from time to time without prior notice to you. The version of the terms that will apply to your order will be those available at www.clarkietyres.com.au at the time you place your order.

3. These terms prevail over any terms put out by you unless we agree in writing in line with Clause 4.

4. No employees or agents of ours may vary or add to these terms without the prior written authority of our General Manager or Managing Director.

 

Products

5. We may alter our range of products on offer without notice to you.

6. The inclusion of any products within our ordering platform, website, catalogues, prices lists, advertisements or otherwise at a particular time does not imply or warrant that these products will be available at any time.

7. We reserve the right to discontinue or temporarily or permanently replace any product in our range at any time or to cancel your order, or parts thereof, due to technical reasons or products becoming unavailable.

8. We will make all reasonable efforts to accurately display and describe the attributes of our products, including but not limited to composition and colours, however, some products may vary from time to time.

9. You will rely on your own knowledge and expertise when selecting any products for any purpose and any advice and/or assistance given by or for us shall be accepted at your risk and shall not be or be deemed to be given as expert nor to have been relied on by you or anyone claiming through you.

10. All our products are sold subject to all applicable trading terms, warranties and representations of the manufacturer. We will not be responsible nor liable for paying and/or obtaining any necessary statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences.

11. Will not be liable for any products: a. utilised, stored, handled and/or maintained incorrectly or inappropriately; or b. manufactured and/or supplied by any other party; and you agree to: a. check all products for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application; and b. comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by us and/or by any manufacturer; and c. act in accordance with good practice at all times.

 

Orders

12. An order you give us is subject to our acceptance and we may decline an order.

13. Orders can be made via our online portal, via our website, via phone (verbal) and via email.

14. We reserve the right to supply an order in full or only in part.

15. A request to change or cancel an order prior to dispatch, and any change or cancellation request must be received in writing. Any request you make to change or cancel your order is subject to our acceptance and we may decline your request.

16. We reserve the right to cancel or withhold an order where: a. we do not have the stock on hand or the product is otherwise unavailable; b. you are in breach of these terms or our terms for commercial credit or you have exceeded your approved credit limit; c. we have safety concerns around the delivery of your order; d. we have grounds to suspect we will not be paid for the supply; or e. for any other reason at our discretion.

17. You may not cancel an order, nor delay delivery, once we accept your order unless we agree in writing.

18. We assume no liability where an employee, agent or contractor of yours fails to follow your ordering processes or procedures when placing an order with us, and you will be liable to pay for any products ordered by those persons by any means.

 

Prices

19. The prices displayed at www.clarkietyres.com.au, in our online portal and in our pricelist do not include the statutory goods and service tax (GST) and may change at any time.

20. Prices through our sales department (office) and online may vary.

21. We will invoice all orders at our current prices and subject to any applicable promotional offer. See Offers Terms and Conditions for details on our promotions.

 

Delivery

22. Delivery times are estimates only and we do not guarantee a particular delivery date or time.

23. Delivery to metro Melbourne areas will be offered, at the sole discretion of Clarkie Tyres, free of charge once surpassing the minimum order delivery requirement of value of $100.00 ex GST or 4 tyres or more.

24. Where your order does not meet the minimum order delivery requirements, or you are in a non-metro Melbourne area, a delivery fee will be charged based on your location and/or size of your order. The delivery fee will be clearly indicated in the ordering process.

25. Daily order processing cut off times are: a. Metro Melbourne (for same day delivery) – 9.30am Monday to Friday; and b. All other locations – 12.00pm Monday to Fri.

26. If a delivery is futile (premises are closed or inaccessible, payment is not received, or any other circumstance that prohibits delivery that is the fault of the customer), a futile delivery fee will be charged in addition to the initial delivery fee (where applicable), and an additional delivery fee will charged in respect of any re-delivery.

27. We may engage third-party agents and carriers to deliver your order. Where a third-party agent or carrier has been engaged to deliver your product, any additional fees or charges resulting from a futile delivery or delays caused by you will be passed onto you.

28. We may deliver goods by instalment.

29. We will not be liable for any delay, failure or inability to deliver any products, and you are not entitled to cancel or vary the order, nor delay or reduce any payment in relation to those products.

30. A signature of receipt for proof of delivery is binding and no orders/deliveries will be amended or rectified once the delivery has been accepted and signed for without prior notice to and acceptance by us. It is your responsibility to ensure that you are accepting the delivery of the correct products and quantities, and that the products are in good order at the time of receiving and before signing for and accepting the delivery. If the delivery is incorrect, you must contact us immediately before signing for and taking possession of the delivery. Any incorrect products signed for and taken delivery of by you without prior notice and acceptance by us will incur a return fee if a return request is granted by us.

31. You must accept and sign for all deliveries received that are true and correct. The delivery docket or consignment note accompanying the delivery must contain a signature and a printed name of the receiver. Only your authorised representatives will be able sign for and receive deliveries from us.

32. If you wish to pick up the products or use your own carrier for delivery to your premises, we will make the products available to you at our Melbourne warehouse. Should you or your carrier fail to collect your order within 3 business days, a restocking fee will apply. All carriers from our warehouse will be your agents only.

33. Where goods are consigned by us to you, the goods are delivered to you when placed on the transport vehicle.

 

Title and Risk

34. Products remain our property until you pay us the price in full for all products we have sold to you. Until that time you are to hold our goods for us as owner and, if we require it, you are to store those goods in a way that they can be identified as our goods. 35. Risk and liability in respect of the products passes from us to you on delivery.

36. These terms constitute a security agreement for the purpose of the PPSA and gives rise to a Purchase Money Security Interest in favour of us over the products supplied or to be supplied to the you as Grantor pursuant to these terms.

37. If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with these terms, you agree the following provisions of the PPSA will not apply to the enforcement of that security: sections 95, 96, 120, 121(4), 123(2), 129(2)(a), 125, 130, 132(3)(d), 132(4), 135, 137(2), 142 and 143

38. Notices or documents required or permitted to be given to us for the purposes of the PPSA must be given in accordance with the PPSA. You waive the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

39. You consent to us effecting and maintaining a registration on the PPSA register (at any time and in any manner we consider appropriate) in relation to any security interest contemplated by these Terms and you agree to provide all assistance reasonably required to facilitate this. You agree to pay all fees and charges associated with us making such registrations, as well as any security interest enforcement expenses incurred by us. You must notify us at least 14 days before you change your name, Australian Company Number or Australian Business Number.

40. If you default on an any of your obligations to under these terms or any other agreement for us to supply products to you, we may enforce our security interest in any product by exercising any or all of our rights under these terms or the PPSA.

41. In this clause 41: 41.1 a reference to goods includes proceeds and commingled property when the context permits. The products will include ‘other goods’ as classified under the PPSA; 41.2 paid means receipt of cash or cleared funds by us in full satisfaction of the Amounts Owing; 41.3 PPSA means the Personal Property Securities Act 2009 (Cth) and any regulations made pursuant to it; 41.4 words used in this clause have the respective meanings given to them in the PPSA, including, but not limited to: account, ADI account, commingled, control, proceeds, register, registration, security interest and verification statement.

42. To the extent permitted by section 275 of the PPSA, you and we agree to keep these terms and all information related to them confidential and to not disclose that information to any person except where the disclosure is required by law (other than section 275(1) of the PPSA).

43. Nothing in this section is limited by any other provision of these terms or any other agreement between you and us.

 

Payment

44. You must pay us the price of the products on or prior to delivery unless we have approved a trading account for you. If payment is overdue, we may charge you interest at our banker’s highest current overdraft interest rate from the date of default until we receive payment. Alternatively, in the case of default, we may enter your premises and retake possession of the goods concerned and then credit you our estimated re-sale value of those goods less our costs. You will indemnify us in relation to any costs (including debt collection and legal costs) incurred by us in the exercise of such rights or which may be incurred in the recovery or attempted recovery of the overdue amounts from you.

45. In addition, if payment is overdue we may cancel or suspend delivery of other products yet to be delivered to you.

46. You may not deduct from the price any set off, counter claim or other sum unless we agree in writing.

47. You must also pay to us an amount equal to the Goods and Service Tax (GST) on the products at the prevailing rate at the time of paying the price of the goods.

48. We may set off any amount owed by us to you from any amount due by you to us.

 

Payment Methods

49. We accept the following payment methods at our sole discretion: a. Credit or debit card (VISA or Mastercard only); b. Business cheques (personal cheques are not accepted); or c. Cash.

50. If we require payment from you before delivery, you can: a. enter your payment details at the time you place your order using a valid credit or debit card. The applicable amount will immediately be reserved on your card but will not be debited until the goods are ready to be dispatched. We reserve the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks. You agree to pay the liquidated processing costs on any credit card payment as applicable to each card merchant as varied from time to time. We will use reasonable efforts to notify you of such charges in advance; or b. issue a business cheque. The funds must clear into our account prior to the products being dispatched. In the event your cheque is dishonoured, this payment option will be cancelled and will not be available to you again. You will be charged all costs incurred by us in the event of default, including bank fees, as well as recovery and resubmission fees; or c. pay cash. You must ensure that you have the correct change in cash in order to pay our drivers as they do not carry a float.

51. Trading credit accounts are available to approved customers. You can apply for a credit account online at www.clarkietyres.com.au. Approved trading credit accounts are subject to the credit terms and conditions as contained in the application, which are expressly incorporated into these terms. Any default on your approved credit terms may result in termination of your credit account or restricted trading conditions.

 

Returns

52. You may return products to us only with prior written consent from us via an approved return request and at your expense. Returns will be accepted at our sole discretion.

53. We will credit returns only where products are received back by us in “as new” unopened/not fitted condition and we reserve the right to check the condition of the product prior to accepting a return.

54. You will be liable for all costs associated with a return and you will be charged a restocking fee of 12% of the GST exclusive price of the products plus any applicable GST.

55. All Clarkie Tyres approved returns will require a return form for you to complete. No returns will be accepted unless accompanied by this form. If you do not complete the form correctly, or the incorrect product is returned, the returned products will not be accepted and the products will be returned to you at your expense.

56. Returns will be credited in the form of a credit note to be used for future orders with us.

 

Warranties

57. We will either: a. repair or replace; or b. give you an allowance by way of a reduction in price for a new, reconditioned or repaired replacement product based on our estimate of the percentage wear of the defective product when we received it; in relation to any Clarkie Tyres brand tyre, tyre repair product, tube or associated products which you purchased new from us and which are defective as a direct result of a manufacturing defect (materials or workmanship) in our products, if we receive both the defective product (returned at your expense) and written notice of the complaint together with a properly completed and signed warranty adjustment processing claim form (with all instructions in relation to the packaging and marking of product being returned adhered to) within 14 days of you becoming aware of the fault, but only up to 2 years after the date of manufacture, subject to our assessment of the warranty claim. Our assessment and offered remedy will consider the usage, if any, already rendered by the relevant product.

58. If we replace or give you an allowance for defective product, then the defective product become our property. If we reject a warranty claim, we may dispose of the product after 30 days unless you request us to do otherwise and at your expense.

59. Our warranty only applies to Clarkie Tyres brand tyre, tyre repair product, tube or associated products purchased directly from us. It does not apply to any product that you purchase from any other source.

60. All third-party products offered by us are warranted through the relevant manufacturer against manufacturing defects only and are subject to their terms and conditions. Acceptance of warranty claims are at the manufacturer's discretion.

61. Unless advertised on specific products, we do not warrant wear and tear, incorrect fitment or usage, tread-wear, nor provide a treadwear (mileage) guarantee. Tyre age is a factor when considering the condition of a tyre submitted for warranty adjustment consideration, there is a specific age limit of ten years from stamped manufacture date.

62. We do not give any other warranty or condition of our supply.

 

Our Liability

63. We have full discretion as to whether we repair or replace any product sold to you, and where we do so, you agree to limit any claim to the replacement or repair of the product (or cost thereof). In any event, our liability you is limited to the value of the products charged by us to you and we will not be liable for any consequential loss and/or any special and/or punitive damages in connection with the purchase of the product.

 

Product Recall

64. If we decide to voluntarily recall any products, then we will be responsible for the costs of transport, repairs or replacement for the products recalled.

 

Intellectual Property

65. All intellectual property rights, including but not limited to, trademarks and copyrights remain with us and our subsidiaries or licensors. Any use of our intellection property, including our logos, labels, or copying or storing our website or promotional content in whole or part, other than for non-commercial use, is prohibited without our written permission.

 

Your Obligations

66. In using our online ordering portal, you understand and agree not to: a. post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; b. act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the portal, or which impacts the security of the portal; or c. employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the portal, or to copy content from the portal. We reserve the right to immediately bar access to the portal and close the account of any user who violates this provision or any other provision in these terms.

67. You fully indemnify and hold harmless Clarkie Tyres against any claim or loss arising from or related in any way to any dealing between Clarkie Tyres and the Customer and/or arising under these terms, save for any loss or damage arising directly from Clarkie Tyres negligence or wilful misconduct.

 

Our Remedies

68. If you breach any contract with us, or if you are a company and become an externally administered body corporate under the Corporations Law, we may (in addition to our other rights) suspend or terminate any other contract with you by giving written notice to you. You are still to pay us for products already delivered under the contract in question.

69. In addition to those rights, if you default or become insolvent we reserve our rights as seller under the Sale of Goods Act of the relevant jurisdiction.

 

Jurisdiction

70. All contracts between us shall be deemed to be made, construed and to be enforceable in and according to the laws of the State of Victoria and by mutual consent to be subject to the exclusive jurisdiction of the Courts of Victoria.

 

Severance

71. If of these terms are disallowed or found to be ineffective/unenforceable by any court or regulator, the other terms will continue to apply.

 

Privacy

72. You must observe the Privacy Act 1988 (Cth) if it is applicable in respect of all personal information and indemnify us against all loss, cost, expense, damage or liability suffered if you breach this clause