Terms & Conditions
All services and goods are provided by Cutter Electronics Pty Ltd (referred to as Cutter Electronics Pty Ltd) strictly on the basis of these Terms and Conditions and these conditions alone constitute the terms of any contract between Cutter Electronics Pty Ltd and our Clients. By requesting or ordering any services or goods to be provided by Cutter Electronics Pty Ltd you are regarded as having accepted our Terms and Conditions as the sole terms of the contract between you, the Client, and Cutter Electronics Pty Ltd as Cutter Electronics Pty Ltd offers to provide services only on the basis of these Terms and Conditions.
Although it is not possible to reproduce our standard Terms and Conditions on all of our documents such as letter heads, invoices, facsimiles and other company forms the Terms and Conditions nevertheless have the same binding status between Cutter Electronics Pty Ltd and our Clients as if they were reproduced in full on each document. Company documents that relate to the provision of services and goods will state (wherever possible) that our services and goods are provided on the basis of these Terms and Conditions and that they are available on request.
1. Acceptance & Commencement
Cutter Electronics Pty Ltd has accepted your request for services and goods on the understanding that all costs and trading terms covered in this document are accepted. These terms and conditions supersede any terms, conditions, waivers or provisos appearing on the Client’s purchase order, project instructions or other documentation.
2. Quotations & Estimates
Quotations and estimates are based on the description of the project as detailed in the Project Brief, letter of agreement or Project Instruction written by Cutter Electronics Pty Ltd. Quotations and estimates provided by Cutter Electronics Pty Ltd remain current for 60 days. Requesting services and goods from Cutter Electronics Pty Ltd signifies that the Client accepts that this Project Brief, letter of agreement or Project Instruction represents the Client’s instructions whether written or verbal.
Any extra work caused by any variation to the project description in the letter of agreement, Project Brief or Project Instruction will be charged to the client whether it is identified as a variation at the time of change or subsequently identified. Alterations to the project schedule by the Client or any situation outside the control of Cutter Electronics Pty Ltd that prevents the original schedule being adhered to or that requires overtime or out of normal hours work to meet the schedule will constitute grounds for renegotiation of project fees.
4. Terms of Payment
Credit terms are 30 days from date of invoice. Credit may be stopped and supply of services and goods withheld if any account is overdue. The Client will pay interest equivalent to the current bank overdraft percentage rate as charged to Cutter Electronics Pty Ltd by its bank plus an additional 2% handling fee on accounts that exceed these terms. All collection charges including all debt collector’s expenses and all legal fees incurred in collecting any overdue accounts will be payable by the Client. Invoices will be forwarded to the Client each 30 days or at the conclusion of a project stage. Selection of the appropriate frequency is at the discretion of Cutter Electronics Pty Ltd. If a project is suspended or cancelled the Client will be responsible for payment of all recorded work in progress and out of pocket expenses for all authorised project stages regardless of whether the work relates to the stage current at the time of suspension or cancellation. Payment for work in progress recorded by Cutter Electronics Pty Ltd for the Client shall become due immediately on commencement of any act or proceeding concerning the solvency of the Client. A 10% handling fee will be charged for any goods or services purchased on behalf of the Client for this project. The person or entity requesting supply of goods or services from Cutter Electronics Pty Ltd will be liable for payment even if such a request is made on behalf of another person or entity. Claims for credit for the return or refusal of goods or services for any reason will only be accepted if made within seven days of receipt of goods by the Client or Client’s agent.
5. Goods, Services & Sales Taxes
The Client will pay to Cutter Electronics Pty Ltd any goods, service or general sales taxes applicable to the goods and services provided or goods purchased for the Client whether it falls due during the course of the project or becomes payable at a later date. The Client shall notify Cutter Electronics Pty Ltd in writing of their eligibility for tax exemption in the manner required for the specific tax act at the commencement of the project if an exemption is to be claimed on their behalf.
6. Ownership of Goods
Cutter Electronics Pty Ltd retains the title to any goods, designs, materials or results (the items) from projects or other activities until payment has been made in accordance with these terms and conditions and the Client shall store all items which have not been paid for separately. The Client shall keep separate records of the proceeds of sale of any items which have not been paid for, bank the proceeds of sale into a separate account, hold the funds on trust for Cutter Electronics Pty Ltd and immediately remit the funds to Cutter Electronics Pty Ltd. Where payment for any items is overdue, the Client irrevocably authorises Cutter Electronics Pty Ltd to enter the Client’s premises (or any premises under the control of the Client) and use reasonable force to recover such items without liability to Cutter Electronics Pty Ltd for loss and the Client will be liable for the costs associated with recovery. Risk in any goods shall pass to the Client from the date of delivery to the Client or the Client’s agent.
Cutter Electronics Pty Ltd will use its best endeavour to meet development schedules. Cutter Electronics Pty Ltd will not be liable for any losses, damages or expenses incurred by the Client, Client’s agents or other parties as a result of any delay.
The Client assumes full responsibility for the accuracy of all information provided to Cutter Electronics Pty Ltd as detailed in the Project Brief, letter of agreement or Project Instruction and as supplied during the project.
Cutter Electronics Pty Ltd will endeavour to keep confidential all data, reports, recommendations, conclusions or other materials developed as a result of its services on the project, except where such information is required to communicate with other businesses or individuals necessary for the continuance of the project, until the project or products resulting from the project have been made public by the Client. Cutter Electronics Pty Ltd reserves the right to publish images and information of all work it has been involved in for promotional purposes.
As provided for in Australian Law Cutter Electronics Pty Ltd retains ownership of and copyright in all designs, intellectual property and original documentation created by Cutter Electronics Pty Ltd whether held by the Client or any third party. Such designs may not be used for any purpose other than that for which Cutter Electronics Pty Ltd was contracted without the permission of Cutter Electronics Pty Ltd. Cutter Electronics Pty Ltd may assign copyright to the Client on mutually agreed terms. Designs, inventions and materials resulting from work performed by Cutter Electronics Pty Ltd which do not constitute part of the project solution accepted by the Client remain the property of Cutter Electronics Pty Ltd. Transfer of copyright, ownership or payment for use of photographs, illustrations, designs and other materials where the copyright or legal title is held by others must be negotiated by the Client with the respective owner or supplier directly. It is the Client’s responsibility to ensure that all such fees and matters have been negotiated for current and future uses.
Cutter Electronics Pty Ltd will not knowingly provide designs that infringe the commercial or intellectual rights and properties of others. However it is the responsibility of the Client to ensure all designs and goods provided by Cutter Electronics Pty Ltd do not infringe any existing rights or protection. The Client will indemnify and hold blameless Cutter Electronics Pty Ltd from any damages, costs, or losses arising from commercial or intellectual infringement regardless of how it is held to have arisen.
The Client will assume responsibility for registering and protecting at its expense any patents, designs, trademarks or other commercial or intellectual property that may result from services supplied by Cutter Electronics Pty Ltd. Cutter Electronics Pty Ltd will provide any reasonable information necessary to assist in this procedure. Additional services required to fulfill such requests for information will be charged to the Client.
13. Client’s Property
All Client’s property supplied to Cutter Electronics Pty Ltd by or on behalf of the Client (including goods in transit and materials originating at Cutter Electronics Pty Ltd) will be held at the Client’s risk. Cutter Electronics Pty Ltd accepts no liability for loss or damage to such property. The Client will indemnify and hold Cutter Electronics Pty Ltd blameless for any damages, costs, or losses by others to the Client’s property or to property, materials and goods obtained temporarily or permanently for the Client or the execution of the Client’s project.
The Client will indemnify and hold blameless Cutter Electronics Pty Ltd from any damages, costs, or losses that may be suffered as a result of any claim arising directly or indirectly out of the services performed or goods supplied by Cutter Electronics Pty Ltd in connection with this project. The Client will assume full responsibility for testing and certification of any or all designs to ensure product safety, reliability and fitness for purpose.
Cutter Electronics Pty Ltd maintains extensive job records, drawing and artwork archives and electronic document libraries. Whilst Cutter Electronics Pty Ltd has a policy of perpetual storage of such items Cutter Electronics Pty Ltd will not be held liable for the degradation, destruction or disposal of such items. Cutter Electronics Pty Ltd reserves the right to discard electronic or physical job records, artworks, drawings and documents with no requirement to notify the Client after three years have elapsed from the last recorded date in our job time records.
The production of printed materials involves many subjective decisions of matters including but not limited to colour, density, fit and finish. Where the client does not personally attend and review all proof and print production stages the decisions that Cutter Electronics Pty Ltd makes will be held to be the Client’s decisions. The Client will indemnify and hold Cutter Electronics Pty Ltd blameless should any aspect of the printed material be considered cause for rejection of the material by the Client, the Client’s agents or any other party. While Cutter Electronics Pty Ltd will endeavour to ensure information included in printed materials is correct the Client has the final responsibility for proofreading all materials and ensuring that there are no errors or omissions. Where estimates refer to delivered quantities of items such as but not limited to printed matter an acceptable variation of ±10% will apply.
Any dispute shall be determined according to the laws of the State of Victoria and all proceedings arising there from shall be heard and determined in the Courts of Victoria.
This project or agreement may be cancelled by the Client or Cutter Electronics Pty Ltd with 14 days written notice. The Client will remain liable after cancellation for payment of the full debt incurred during the life of this agreement and for legal, accounting and collection fees associated with the collection of outstanding amounts as provided for in this agreement until all amounts are paid.
19. Death of Client
The death of the Client does not end this agreement. The rights and obligations of the Client shall be considered to have passed onto the Client’s personal representatives.
If any of these terms and conditions is or becomes wholly or partly invalid that term or condition shall to the extent of the invalidity be removed without prejudice to the continuing validity of the remaining terms and conditions.
© Cutter Electronics Pty Ltd Design 2017
Web site is operated by Cutter Electronics.
Everything on this site is copyrighted by Cutter Electronics or by the original owners of the material. Permission is granted to electronically copy and print hard copies of pages on this web site for personal, non-commercial purposes. Any other usage is not allowed without the written permission of Cutter Electronics.
Cutter Electronics will attempt to provide accurate information on this Web site, but assumes no responsibility for accuracy. Cutter Electronics reserves the right to change or correct the information on this site and the products offered through this site at any time.
This Web site may contain third-party links. Cutter Electronics is not responsible for the content of any linked sites. Cutter Electronics does not necessarily endorse the companies or contents of these linked sites.
Any information submitted or posted on this web site will be deemed non-confidential. Personal data submitted to this web site will be treated as set forth in our Privacy Statement.
For more information, please use our contact form
Terms and Conditions
1. Cutter Electronics will be known as “the Company” in these Standard Terms and conditions of sale.
2. The applicant will be known as “the Customer” in these Standard Terms and conditions of sale.
3. Payment terms are strictly 30 days from date of invoice.
4. Credit limits granted may not be exceeded without the written prior consent of the company.
5. All goods sold subject to warranty are warranted by the manufacturer, not by the company.
6. Goods returned will only be credited in full to the Customer's account, at the discretion of the Company, subject to the terms and conditions displayed on this web site and under the following conditions
• If returned in the same condition as initially delivered by the Company to the Customer and if returned and received by the Company within 14 days from the initial delivery.
• Exclusions for returns include but are not limited to: - opened, damaged, soiled or non-stock items specifically tailored to the Customer, non returnable discontinued items.
• If the reason for return is that the goods do not match the Customer's original purchase order, return freight will be paid by the Company. In all other circumstances unless agreed to by the Company, costs of freight for returned product would be the responsibility of the Customer.
Goods indented on behalf of the customer that are not a normal stock item will be done so only on a NCNR (Non Cancellable, Non Refundable Basis). The Company at its discretion my elect to keep those goods but will apply a minimum restocking fee of 30% of the sale price.
Stock orders will ship the same day if ordered on a weekday by 12 noon EST. All other orders require one to two business days to process before shipping. Business Days are Monday through Friday, excluding holidays determined by common and other freight carriers.
Ordering and Shipping Confirmation: After ordering, you will receive an email confirmation from www.cutter.com.au containing your order details. We will normally confirm receipt of your order within a few minutes of ordering. We will also email you when your order has shipped and provide you with your order tracking information if you have selected a traceable delivery service option. Order status and tracking information is also available via the View Order Status and History screen on the Storefront on which you placed your order if you have created an account.
Credit Rejection: Because we do not charge your credit card until your order is released for shipment, it is possible that the charge may be rejected. In this event, we will send you an email notifying you of this occurrence and cancel the related order lines (in the case of backorders, your card may be charged at different times as product come into stock).
International shipments do not automatically carry tracking, confirmation, or insurance. These shipping extras are only provided upon the specific request by the customer, and only if paid for by the customer. Any shipments lost or damaged in which the customer did not request and pay for tracking, confirmation, or insurance, are the sole responsibility of the customer, and Cutter Electronics Pty Ltd is not to be held responsible for any losses incurred.
International freight paid for by Customer is freight only and all local import charges at country of destination are the responsibility of customer, the company bears no responsibility for any such costs
We accept VISA, MasterCard, Diners Club, Paypal and Bank Wire Transfers.
We do not ship COD.
Our goal is to process your order as quickly as possible. However, you should allow 2-4 weeks for delivery from the time the order is actually entered into our system if that particular item is in stock, unless otherwise noted or advised.
1. The Customer hereby acknowledges that, should any amount not be paid on the due date, or any payment by cheque is dishonored, the entire balance then outstanding shall immediately become due and payable without any notice of any nature whatever.
2. In the event of the Company instructing its solicitors to collect an overdue amount, all legal fees and collection charges and tracing agents fees as between solicitor and client shall be borne by the Customer and all payments made shall firstly be allocated towards such fees and charges thereafter to interest and finally to capital.
3. The Customer hereby consents to the jurisdiction of the Laws of Victoria for all actions which may be instituted against it for the recovery of any amounts owing to the Company.
4. The Signatory/ies is/are hereby bound jointly and severally as surety and co-principal debtors with the Customer unto and in favour of the Company, its order or assigns, for payment of any amount which is due or owing by the Customer to the Company.
5. Product supplied by the Company to the Customer will be at the Customer's risk upon delivery to the Customer or into the Customer's custody (whichever the sooner).
6. Ownership of the product supplied by the Company will not pass to the Customer and will remain with the Company until such time as the product the subject of the Contract and all other products supplied by the Company to the Customer and all debts owing by the Customer to the Company from any other cause have been paid in full.
7. Until such time as the product has been paid for in full and all other debts discharged by the Customer, the Customer irrevocably agrees and undertakes that the Company (its servants or agents) will have the right forthwith (and without prejudice to any other rights the Company may have pursuant to these Standard Terms and Conditions of Sale or at law or in equity) without notice or demand to immediately enter upon the Customer's premises and retake possession and remove the product in the possession of the Customer or wheresoever situated.
8. The risks of any loss or damage to or any deterioration in product from whatever cause shall pass to the Customer at the time of delivery.
9. The terms and conditions contained herein constitute the entire Agreement between the parties and no amendment or variation shall be of any force and effect unless in writing and signed by both the Company and the Customer. No representations have been made by the Company or on its behalf which have induced the Customer to enter into this Agreement
10. No relaxation or indulgence granted by the Company to the Customer shall be deemed as a waiver of any rights of the Company in terms of this Agreement and such relaxation or indulgence shall not be deemed a variation of any terms and conditions of this Agreement.
11. The Company shall not be responsible for any loss or damage howsoever caused to the property or person of the Customer or any third party as a result of any defect in the product whether patent or latent, and the Customer indemnifies the Company against any claims made against it by any third party arising out of any such defects.
12. All prices are subject to variance due to exchange rate variations outside the control of Cutter Electronics. We apply variances within a tolerance of plus or minus 2% based on the originating currency relative to the quoted or invoiced currency. On request we can provide an invoice in the originating currency however all charges associated with conversion are to be to the customers account
13. In accordance with the Privacy Act 1988 and subsequent amendments to include the private sector in 2000, the Company is required to describe how personal information collected about the Customer will be used.
a. The Customer agrees to the Company collecting, using and disclosing information about the Customer for various purposes, including:
Assessing credit worthiness of the Customer, including disclosing information to banks and other financial institutions;
Supply the Products and services to the Customer and the management of the Customer's account;
Communication with the Customer about the Products and services which the Company or its partners or affiliates may provide to the Customer;
Implement these Terms and any Sales Contract; and
Comply with relevant laws.
b. The Company at the written request of the Customer will:
Provide the Customer with access to any personal information relating to the Customer held by the Company; and;
Correct or amend any personal information relation to the Customer held by the Company, which is inaccurate or out of date.
c. The Company will handle the Customer's personal information in accordance with the relevant laws.
Credit Card Policy
All your credit card information is transmitted to our secure server through a multi-layered encryption system so that no-one can intercept or tamper with your information as it passes over the Internet. We frequently review and update our security systems to ensure that your credit card details are afforded among the best standards of protection available.