Delivery of Goods
  1. Delivery (“Delivery”) of the Goods is taken to occur at the time that:
    1. the Client or the Client’s nominated carrier takes possession of the Goods at Eltech’s address; or
    2. Eltech (or Eltech’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
  2. At Eltech’s sole discretion the cost of delivery is in addition to the Price.
  3. The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Eltech shall be entitled to charge a reasonable fee for redelivery and/or storage.
  4. Eltech may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
  5. The costs of carriage and any insurance which the Client reasonably directs Eltech to incur shall be reimbursed by the Client (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Client’s agent.
  6. The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that;
    1. such discrepancy in quantity shall not exceed 10%, and
    2. the Price shall be adjusted pro rata to the discrepancy.
  7. Any time or date given by Eltech to the Client is an estimate


  1. Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
  2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Eltech is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Eltech is sufficient evidence of Eltech’s rights to receive the insurance proceeds without the need for any person dealing with Eltech to make further enquiries.
  3. If the Client requests Eltech to leave Goods outside Eltech’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.


Client’s Disclaimer
  1. The Client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Company and the Client acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Company shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client and shall not be transferable to any subsequent Client.


Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
  1. The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify Eltech in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Eltech to inspect the Goods.
  2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
  3. Eltech acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
  4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Eltech makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Eltech’s liability in respect of these warranties is limited to the fullest extent permitted by law.
  5. If the Client is a consumer within the meaning of the CCA, Eltech’s liability is limited to the extent permitted by section 64A of Schedule 2.
  6. If Eltech is required to replace the Goods under this clause or the CCA, but is unable to do so, Eltech may refund any money the Client has paid for the Goods.
  7. If the Client is not a consumer within the meaning of the CCA, Eltech’s liability for any defect or damage in the Goods is:
    1. limited to the value of any express warranty or warranty card provided to the Client by Eltech at Eltech’s sole discretion;
    2. limited to any warranty to which Eltech is entitled, if Eltech did not manufacture the Goods; (c) otherwise negated absolutely.
  8. Goods must be accompanied by a GOODS RETURN FORM, which is included in this catalogue.
  9. Subject to this clause 11, returns will only be accepted provided that:
    1. the Client has complied with the provisions of clause 11.1; and
    2. Eltech has agreed that the Goods are defective; and
    3. the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
    4. the Goods are returned in as close a condition to that in which they were delivered as is possible.
  10. Any repairs, alterations or other services carried out in respect of the Goods by a person other than an authorised representative of Eltech shall invalidate the warranty.
  11. If the Client requests or insists that the warranty service shall be carried out on site, at the Clients premises then any costs over and above the direct costs of replacing or repairing of the Goods or the component parts of the Goods, shall be at the Client’s expense.
  12. Notwithstanding clauses 11.1 to 11.9 but subject to the CCA, Eltech shall not be liable f or any defect or damage which may be caused or partly caused by or arise as a result of:
    1. the Client failing to properly maintain or store any Goods;
    2. the Client using the Goods for any purpose other than that for which they were designed;
    3. the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
    4. the Client failing to follow any instructions or guidelines provided by Eltech; (e) fair wear and tear, any accident, or act of God.
  13. Eltech will charge a 15% fee for the return of non-defective Goods and a 25% fee for the return of pre-cut cables, plus any freight costs.
  14. Notwithstanding anything contained in this clause if Eltech is required by a law to accept a return then Eltech will only accept a return on the conditions imposed by that law.