1. Interpretation
    In these conditions:
    (1) “Seller” means Newtranx Australia Pty Ltd which is the seller of goods.
    (2) “Buyer” means the purchaser of the goods specified overleaf.
    (3) “Goods” means the products and, if any, services specified overleaf.
    (4) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
  2. General
    These terms and conditions shall prevail over all conditions of the Buyer’s order to the extent of any inconsistency. These terms and conditions can only be changed and/or waived in writing and accepted by the Seller.
  3. Term of sale
    The Buyer accepts and agrees that the goods and all other products sold by Seller are sold on these terms and conditions.
  4. Ordering, Prices & Payments
    (1) All orders are subject to acceptance and availability.
    (2) Unless otherwise stated all prices shown by the Seller are in Australian dollars (AUD) and inclusive of Goods and Services Tax (GST).
    (3) The Seller reserves the right to correct pricing errors or update prices at any time before an order is confirmed.
    (4) The payment of the price of the goods must be made on or before the delivery of the goods unless other terms of payment are expressly stated in these conditions in writing.
    (5) Where the Seller has agreed to sell the goods to the Buyer on credit terms, then the Buyer must pay the purchase price in strict accordance with the credit terms as agreed by the Seller. Time for payment is of the essence.
    (6) In the event that payment is not received by the Seller by the credit term due date, the Seller reserves the right to charge the Buyer interest at a rate of 2% per annum plus the rate for the time being fixed by Section 2 of the Penalty Interest Rates Act 1983 (Vic) on any money owing from the due date.
  5. Shipping & Delivery
    (1) Whilst the Seller will use reasonable endeavours to deliver the goods to the Buyer by the date specified, the delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery.
    (2) The Seller is not to be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery of the goods.
    (3) Risk in the goods passes to the Buyer at the time of delivery.
  6. Returns & Refunds
    (1) The Seller will not accept returns for change of mind.
    (2) If your Product is faulty or damaged, please contact us within 14 days of receiving it. We will either replace the faulty item, or issue a refund, once the product is returned and inspected.
    (3) All returns must be in original condition with packaging, accessories, and proof of purchase.
  7. Performance
    Any performance figures given by the seller are estimates only. The Seller is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.
  8. Guarantee
    (1) The Seller’s liability for goods sold by it is limited to making good any defects by repairing the defects or at the Seller’s option by replacement, within a period not exceeding 12 months after the goods have been dispatched so long as:
    • (a) the Buyer can provide the Seller with a Tax Invoice as proof of purchase;
    • (b) defects have arisen solely from faulty materials or workmanship;
    • (c) the goods have not received maltreatment, inattention or interference;
    • (d) the goods must not have been changed or damaged in anyway;
    • (e) the seals of any kind on the goods remain unbroken;
    • (f) the defective parts are promptly returned to the Seller at the Buyer’s own cost.

(2) The Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 13(a) of these conditions.

(3) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Seller’s negligence or in any way whatsoever.

(4) The Seller’s liability for a breach of a condition or warranty implied by any Australian law is limited to:

  • a) in the case of goods, any one or more of the following:
  • (1) the replacement of the goods;
  • (2) the repair of the goods;
  • (3) the payment of the cost of having the goods repaired; or
  • b) in the case of services:
  • (1) the supplying of the services again; or
  • (2) the payment of the cost of having the services supplied again.
  • (3) The Seller’s liability under any Australian laws is expressly limited to a liability to pay to the Buyer an amount equal to:
  • a) the cost of replacing the goods;
  • b) the cost of having the goods repaired.
  1. Rights in relation to goods
    (1) Legal title to the goods does not pass to the Buyer until the goods have been fully paid for by the Buyer.
    (2) The Seller reserves the following rights in relation to the goods until all accounts owed by the Buyer to the Seller are fully paid:
    a) ownership of the goods;
    b) to enter the Buyer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and
    c) to keep or resell any goods repossessed pursuant to (ii) above. If the goods are resold, or products manufactured using the goods are sold, by the Buyer, the Buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the Seller and shall pay such amount to the Seller upon request. Notwithstanding the provisions above the Seller shall be entitled to maintain an action against the Buyer for the purchase price and the risk of the goods shall pass to the Buyer upon delivery.
  2. Storage
    The Seller reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Buyer within 14 days of a request by the Seller for such instructions. The parties agree that the Seller may charge for storage from the first day after the Seller requests the Buyer to provide delivery instructions.
  3. Returned goods
    (1) The Seller is not be under any duty to accept goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.
    (2) If the Seller agrees to accept returned goods from the Buyer under para (a) of this clause, the Buyer must return the goods to the Seller at its own cost and delivered to the Seller’s place of business referred to on the Seller’s Tax Invoice.
    (3) All returns must be in original condition with packaging, accessories, and proof of purchase.
    (4) If the Seller agrees to returns, eligible returned stock will be subject to 20% restocking fee.
  4. Goods sold
    All goods to be supplied by the Seller to the Buyer are as described on the purchase order agreed by the Seller and the Buyer and the description on such purchase order modified as so agreed prevails over all other descriptions including any specification or enquiry of the buyer.
  5. Cancellation
    No order may be cancelled except with consent in writing and on terms which will indemnify the Seller against all losses.
  6. Place of contract
    (1) The contract for sale of the goods is made in the state or territory of Australia from which this document is issued.
    (2) The parties submit all disputes arising between them to the courts of such state or territory and any court competent to hear appeals from those courts of first instance.

Last updated: 11 October 2025