Terms & Conditions
GLOBAL CLAMPS PTY LTD. ACN 620 713 635
1. PRICES & GST
All prices quoted are exclusive of GST and are subject to change without prior notice. You must be registered for GST and will notify Global Clamps if you cease to be so. Each amount payable by the Customer under these Terms in respect of a Taxable Supply by Global Clamps is a GST exclusive amount and on receipt of a tax invoice the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Products and services) Act 1999 (Cth).
2. CLAIMS & RETURNS
No claims for shortage or damaged items will be recognised unless notified within 14 days from receipt of goods. Goods returned for credit will be subject to prior approval and to a handling and restocking charge as follows: 14-29 days – 10%. After 30 days – 20%. All returns for credit are subject to substantiation; invoice or packing slip numbers must be supplied before credit will be considered. Should adequate substantiation or prior approval not be provided goods will not be subject to credit, approvals are at the discretion of Global Clamps, return goods must be in original packaging and suitable for resale. Any additional charges relating to the return of goods such as delivery charges or penalties shall be at the customer’s expense.
3. WITHDRAWAL & VARIATION OF CREDIT
Global Clamps may at any time, without the need to provide a reason, vary or withdraw any credit granted to the Customer.
4. SUSPENSIONS & CEASING OF SUPPLY
Global Clamps may in Global Clamps complete discretion and without incurring any liability to the Customer, cease or suspend supply of products and services to the Customer or amend these Credit Terms.
To the extent permitted by law or expressly by these Terms, all warranties whether express, implied, statutory or otherwise, relating in any way to the goods are excluded. Global Clamps warrants the goods only to the extent of its suppliers’ warranties and, excludes all other warranties to the extent permitted at law.
6. CONTINUING GUARANTEE
All guarantees under or related to these Terms will be continuing guarantees and will terminate only with Global Clamps written agreement.
The liability of Global Clamps for any breach of such term shall be limited, at the option of Global Clamps, to any one or more of the following:
(a) If the breach related to goods: the replacement of the goods or the supply of equivalent goods: the repair of such goods: the payment of the cost of replacing the goods or of acquiring equivalent goods: or the payment of the cost of having the goods repaired: and
(b) If the breach relates to services: the supplying of the services again: or the payment of the cost of having the services supplied again.
To the extent permitted by law and except as expressly provided to the contrary in these Terms, Global Clamps shall not be under any liability (contractual, tortious or otherwise) to the Customer in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to these Terms or Global Clamps act, failure or omission.
8. PAYMENT TERMS
Trading terms are strictly Net 30 days from end of month of receipt of goods. Failure to adhere to these terms will result in the account becoming placed on hold and no further goods supplied, until such time as the account is paid in full. The Company reserves the right to close the trading account and determine if or when the account will be reopened. Global Clamps is entitled to charge the Customer interest on amounts not paid within the credit period specified by Global Clamps at a rate equivalent to 3% per annum above the business overdraft commercial interest rate of Global Clamps principal bankers from the invoice date until the payment of the debt.
9. APPLICATION OF MONIES RECEIVED:
If Global Clamps receives or recovers money in respect of a debt of the Customer, Global Clamps may use the money to pay off whichever debt or part of a debt Global Clamps chooses and is not compelled to apply the money as directed by the Customer or any other person.
Should payment remain outstanding beyond the Company’s payment terms as outlined in Clause 5, the Customer is liable for all costs including legal costs (on a solicitor/own client basis) and mercantile agents fees incurred by the Company in recovering the amount outstanding.
The Customer will be liable for all transactions and expenses involving the Customer’s credit account including any fraudulent use of the account by the Customer or any person authorised by the Customer to use the account or the Customer’s employees, agents or contractors.
The Customer will also be liable for any fraudulent use of the Customer’s credit account, which is directly or indirectly caused or contributed to by the Customer’s negligence.
12. RETENTION OF TITLE
Property in the Products shall not pass until the Customer has paid all moneys owing to Global Clamps in full. Risk in the Products passes to the Customer at the time of delivery. If the Customer defaults in payment, then without prejudice to Global Clamps other rights, Global Clamps may without notice to the Customer enter any premises occupied by the Customer and recover possession of them.
13. PERSONAL PROPERTIES SECURITIES REGISTER
The retention of title contained in these Terms give rise to a security interest as defined in the Personal Properties Securities Act 2009 (“PPSA”) in all goods present and acquired after the execution of these Terms. The Customer acknowledges that Global Clamps may register a financing statement on the Personal Properties Security Register (“PPSR”). The Customer agrees to do all things and execute or arrange execution of all documents Global Clamps requires to perfect a first ranking security interest in the Goods including registering a statement of the PPSR.
14. CHANGE OF OWNERSHIP
The Customer agrees to notify the Company in writing of any change of ownership or legal structure of the Customer within 7 days from the date of such a change and indemnifies the Company against any loss or damage incurred by it as a result of the Customer’s failure to notify the Company of any change.
The Customer will indemnify Global Clamps In relation to any direct or indirect loss, liability or damage suffered by Global Clamps or any other person as a result of the Customer’s negligence or breach of these Terms.
These Terms bind the Customer both personally and as trustee of any trusts of which the Customer is trustee.
17. JOINT & SEVERAL
If the Customer consists of more than one person, the obligations of each person are joint and several.
Each clause, subclause and part of these Terms is separate and independent. If any clause or subclause or part is found to be invalid or ineffective, the other clauses or subclauses or parts will not be adversely affected.
Any waiver by Global Clamps must be in writing. In the event that Global Clamps elects not to exercise any of Global Clamps rights arising In connection with these Credit Terms, Global Clamps election will not constitute a waiver of any rights relating to any other breach of these Credit Terms.
These Terms may only be amended with Global Clamps express written agreement.
The Customer may not assign any agreement under these Terms without Global Clamps prior written consent.
22. ACCOUNT FEE
This account may be subject to a Monthly Account Fee, which will be communicated prior to any fee being charged.
23. APPLICATION OF LAWS
The laws of the State of Victoria govern these Terms. The Customer submits to and consents to the central Courts of Melbourne having jurisdiction over these Terms.
Global Clamps Pty Ltd accepts that as a result of its business activities it has an obligation under the Privacy Act to protect the personal information it has collected on individuals.
Global Clamps may collect personal information from you on this website, however we will always explain to you why we are collecting that information, and how we intend to use it.
1. COLLECTION & COOKIES
Global Clamps will collect personal information by lawful and fair means and only when it is necessary for one or more of our business functions or activities. Whenever we collect personal information about an individual we will advise the individual as soon as practicable:
- The reason for the collection
- That they are able to gain access to the information
- To whom we may disclose the information
- Any law that requires us to collect the information
- The main consequences of not disclosing the personal information
2. USE AND DISCLOSURE
We will only use and disclose personal information:
- For the purpose which we had advised we were collecting it or for a purpose that the individual would reasonably expect us to
- Where the individual has consented
- As required by law
3. DATA QUALITY
Global Clamps will take all reasonable steps to ensure that the personal information it collects uses or discloses is accurate, complete and up to date.
4. DATA SECURITY
Global Clamps will take all reasonable steps to:
- Protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure
- Destroy personal information once it is no longer needed
Global Clamps will enable an individual to gain access to their personal information upon request except in accordance with the exemptions contained in the Act. Global Clamps also reserve the right to charge an individual for providing access to the information.
Global Clamps will not use an identifier assigned by a Government agency or a Government contracted service provider as its own identifier.
Whenever it is lawful and practicable to do so, individuals have the option of not identifying themselves when entering into transactions with Global Clamps.
8. TRANSBORDER DATA FLOWS
Global Clamps does not transfer personal information about an individual internationally. However, if we were to do so it would be in accordance with the relevant National Privacy Principle.
9. SENSITIVE INFORMATION
Global Clamps may collect sensitive information while recruiting new staff. This sensitive information will only be collected with the consent of the individual or if required by law. If an individual were to voluntarily complete an application for employment either directly or via a third party engaged to recruit on behalf of the company, Global Clamps would consider this to be granting consent to collect and store the sensitive information.
10. PRIVACY INQUIRIES
Any privacy related inquiries or concerns could be directed to the Director, Global Clamps Pty Ltd who has determined a target period of up to 30 days to resolve any privacy issues.
11. REVIEW OF POLICY