Terms of service

DENSITY BATTERIES – PRODUCT TERMS & CONDITIONS

Operated by Clutch Industries Pty Ltd (ABN 81 101 284 548)

Registered Address: 136-138 Gaffney St, Coburg North VIC 3058, Australia

Email: contact@densitybatteries.com

Last updated: 20 October 2025

1. DEFINITIONS

In these Policies:

“Clutch Industries”, “we”, “us”, or “our” means Clutch Industries Pty Ltd and its related brands

including Density Batteries.

“Density Batteries” means the brand under which solid-state battery products, accessories, and

energy systems are marketed.

“Customer” or “you” means any individual, company, or entity purchasing or using our products

or visiting our website.

“Product” means any goods, components, software, digital content, documentation, or

accessories manufactured or supplied by Clutch Industries under the Density Batteries brand.

“Website” means www.densitybatteries.com and related domains.

“Warranty Period” means the applicable period specified in Section 10.

“Force Majeure Event” means any event beyond reasonable control including natural disasters,

pandemics, export restrictions, power outages, or transport disruptions.

“Personal Information” has the meaning given under the Privacy Act 1988 (Cth).

“Business Day” means a day other than a Saturday, Sunday, or public holiday in Victoria,

Australia.

2. CORPORATE IDENTITY AND SCOPE

Density Batteries is a brand of Clutch Industries Pty Ltd

These terms and conditions are applicable to, and incorporated into, each sale by us of a Product.

By purchasing a Product, you acknowledge that you have read and accepted the terms and conditions herein.

These policies apply in addition to any statutory rights and conditions under Australian Consumer Law and do not limit those rights.

3. INTELLECTUAL PROPERTY

All trademarks, trade dress, logos, patents, product names, and designs appearing on this website are the property of Clutch Industries. No licence is granted to use any of our intellectual property except as necessary for lawful use of the Product.

4. ORDERS, PRICING AND PAYMENT

4.1 Formation of Contract

Specifications, pricing, and availability may change without notice.

 A purchase order constitutes an offer by you to purchase a Product; acceptance occurs when we issue an order confirmation or invoice or dispatch goods.

Orders placed online are subject to automated verification and fraud-prevention screening.

4.2 Pricing

All prices are in Australian Dollars (AUD), including GST, unless specified.

Prices quoted are with ExWorks Melbourne Australia Incoterms.

We reserve the right to correct pricing errors or cancel orders where errors occur.

All advertised prices are subject to change without notice and may vary based on location or

the period of any applicable promotion.

4.3 Payment Methods

Payments may be made by approved electronic gateways, bank transfer, or credit card.

Payment in full is required before shipment unless credit terms are granted in writing.

You authorise us to charge the nominated payment method for the full order amount, including

applicable shipping and taxes.

4.4 Title and Risk

Risk in the goods passes to you upon delivery to the carrier you have nominated.

Title remains with Clutch Industries until full payment is received.

4.5 Back-Orders and Pre-Orders

Estimated delivery times are indicative only. Delays caused by supply chain constraints or Force

Majeure Events do not constitute breach of contract.

We will notify you of any material delay exceeding 30 days and offer the option to cancel or modify your order.

5. PRODUCT INFORMATION AND SUITABILITY

5.1 Technical Data

Performance data (Wh/kg, C-rate, discharge time) are nominal values based on controlled laboratory conditions and may vary in real-world use.

5.2 Compatibility

Unless expressly confirmed in writing, we make no warranty that a Product is suitable for a particular application or third-party system.

It is the customer’s responsibility to verify fitment, configuration, and local compliance before

Installation or utilisation of a Product.

5.3 Compliance Certifications

Where required, products have UN38.3 transportation certification. For other certification information, please contact us.

6. LIMITATION OF LIABILITY

To the fullest extent permitted by law Clutch Industries is not liable for indirect, consequential or incidental losses, or punitive damages including loss of profit, business interruption, data loss, or loss of goodwill.

Liability is capped at the lesser of: (a) the amount paid for the product; or (b) the cost of replacement.

Nothing herein excludes liability for death or personal injury caused by negligence, or your rights

under Australian Consumer Law.

We are not liable for damage arising from improper installation, third-party modification, or use

outside specified environmental or electrical conditions.

7. FORCE MAJEURE

Neither party is liable for failure or delay in performance arising from a Force Majeure Event.

If such event exceeds 90 days, either party may terminate the affected contract without penalty.

We will use reasonable efforts to resume operations and fulfil affected obligations once the event concludes.

8. PRIVACY AND DATA PROTECTION

8.1 Data Collected

We may collect:

Personal Information (name, email, address, phone, billing details);

transactional records;

technical data (IP address, browser type, device identifiers);

marketing preferences.

8.2 Purpose of Collection

We process data for:

fulfilling orders and warranties;

providing customer service;

maintaining account security;

sending optional product updates;

analytics and website improvement.

8.3 Legal Basis for Processing

We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

Data is processed on the basis of contractual necessity, legitimate interest, and consent (for

marketing).

8.4 Retention and Storage

Information is retained only as long as necessary to meet legal and operational obligations.

Data is stored on secure, access-controlled servers located in Australia or approved jurisdictions.

8.5 Third Parties

We share limited information with logistics partners, payment gateways, analytics providers, and technical contractors.

8.6 Your Rights

You may request access, correction, or deletion of your data, or withdraw consent for marketing, by contacting contact@densitybatteries.com.

We will respond within 30 days.

8.7 Breach Notification

In the event of a data breach likely to cause harm, affected individuals and the OAIC will be notified in accordance with law.

9. WARRANTY POLICY

9.1 Scope of Coverage

We warrant that all Density Batteries products are free from defects in material and workmanship under normal use.

9.2 Warranty Periods

The warranty period for all Density Batteries products is 1 year from the original date of purchase.

9.3 Exclusions

Warranty does not cover:

normal cell capacity degradation over time;

misuse, abuse, impact, or water ingress;

unauthorised modification, disassembly, or firmware change;

incorrect voltage, polarity, over-discharge, over-charge, use in temperatures other than recommended

third-party integration not approved by Clutch Industries;

products with tampered serial seals;

freight damage or improper packaging during return transit;

use in competitive, rental, or experimental environments unless authorised.

10. CLAIMS AND DISPUTE RESOLUTION

10.1 Claim Resolution

Any contract for the sale of a Product is governed by the laws of the State of Victoria.

Parties shall first attempt good-faith negotiation, then mediation.

If unresolved, disputes may be referred to arbitration in Melbourne under the ACICA Rules or to a competent court in Victoria.

To the extent permitted by law, class-action proceedings are waived.

Any dispute involving a consumer under Australian Consumer Law may also be referred to the

Australian Small Business and Family Enterprise Ombudsman (ASBFEO) or a state fair trading body.

10.2 Claim Process

1.Contact the original retailer or email contact@densitybatteries.com with purchase proof and serial number.

2. Obtain a Return Authorisation (RA).

3. Return the product, securely packaged and insured, within 30 days of defect discovery.

4. Our engineering team will inspect and issue a written report within 14 business days.

5. If approved, we will repair, replace, or credit the item at our discretion.

10.3 Labour and Freight Allowance

Return freight is the customer’s responsibility unless a confirmed manufacturing fault is found.

10.4 Limit of Liability

Our total liability under warranty is limited to the original purchase price.

No additional compensation for downtime, towing, or loss of business will be provided.

10.5 Consumer Guarantees

Nothing in this policy excludes rights under the Australian Consumer Law.

Consumers are entitled to a replacement or refund for major failures and to repair or replacement for minor issues.

10.6 Transferability

Warranty applies only to the original purchaser unless otherwise stated in writing.

10.7 Diagnostic Validation

Warranty claims may be subject to diagnostic testing and validation. We reserve the right to deny claims arising from unauthorised third-party repair attempts or modifications performed without prior written approval.

11. RETURNS AND REFUNDS

11.1 Change of Mind

Return of a Product will be accepted if made by you within 30 days of purchase if:

product is unused, uninstalled, and in original packaging;

proof of purchase is supplied;

you pay return freight and a restocking fee up to 15 % of the purchase price.

11.2 Defective or Incorrect Goods

If goods are faulty or incorrect, contact us within 7 days. We will arrange replacement, repair, or

refund.

Refunds are processed via the original payment method within 10 business days of approval.

11.3 Return Material Authorisation

All returns require an RA number, as per clause 10.2. Items returned without an RA number may be rejected or disposed of after 30 days.

11.4 Shipping Costs

Refunds will not include original shipping or handling costs unless the return is due to our error or a confirmed Product defect.

12. SAFETY AND COMPLIANCE

12.1 Product Safety

If you require specific certification for your application, we may be able to assist with obtaining this at an additional cost. This may include regional compliance approvals, aerospace or medical-grade validation, shock/vibration testing, or integration documentation for OEM use.

Please note that unless otherwise stated, Products are supplied as general-purpose energy storage products and may not automatically meet specialised regulatory requirements such as aviation, medical, defence or grid-interactive compliance. It is the responsibility of the Customer to ensure suitability for their intended use.

12.2 User Obligations

Never short-circuit, puncture, or immerse batteries.

Ensure proper ventilation during charging.

Install high-voltage systems only by qualified personnel.

Store batteries below 30 °C and above 10 °C in dry environments.

12.3 Transportation Restrictions

Shipping lithium batteries is regulated. Our products where applicable come with UN38.3 certification.

12.4 Incident Reporting

Any incident involving fire, explosion, or injury must be reported to Clutch Industries and relevant authorities immediately.

12.5 Product Alteration

Products must not be altered, repackaged, or re-labelled without written authorisation from Clutch Industries. Any such alteration may void safety certifications, warranties, and compliance obligations.

13. ENVIRONMENTAL RESPONSIBILITY

13.1 Sustainability Policy

Clutch Industries is committed to reducing carbon emissions, waste, and non-recyclable materials in its supply chain.

13.2 Battery Recycling

Do not dispose of batteries in general waste.

Return end-of-life products to authorised e-waste facilities or contact us for collection instructions.

13.3 Manufacturing Practices

We continuously monitor energy usage and raw-material sourcing according to

environmental management principles.

14. EXPORT CONTROL AND INTERNATIONAL RESTRICTIONS

14.1 Export Compliance

Some products exceeding 300 Wh/kg or with specific energy densities may be subject to export

license requirements

14.2 Customer Obligations

Customers purchasing for export are responsible for obtaining all necessary import or export

permits and ensuring destination-country compliance.

14.3 Liability for Delays

Clutch Industries is not liable for customs delays, seizure, or refusal of entry due to regulatory

restrictions.

14.4 Trade Sanctions Compliance

We may refuse export sales or deliveries to jurisdictions or entities subject to Australian trade

sanctions, embargoes, or export control restrictions.

15. POLICY UPDATES AND AMENDMENTS

We may update these terms and conditions at any time to reflect legal, technological, or operational changes.

Updated versions will be posted at www.densitybatteries.com/termsandconditions with revision dates.

Changes apply prospectively and do not alter warranties for products already sold.

16. CONTACT INFORMATION

Legal & Compliance Enquiries

Clutch Industries Pty Ltd

136-138 Gaffney St, Coburg North VIC 3058, Australia

Email: contact@densitybatteries.com

Warranty and Technical Support

Email: contact@densitybatteries.com

Privacy Officer

Email: contact@densitybatteries.com

SUMMARY OF OUR RESPONSIBILITIES

We commit to:

Manufacture safe, compliant, high-quality solid-state energy systems.

Honour warranties and consumer rights transparently.

Protect customer data and uphold privacy.

Recycle and manage waste responsibly.

Conduct business ethically and lawfully.

You agree to:

Use products safely and within specifications.

Retain proof of purchase and serial numbers.

Follow return and warranty procedures accurately.

Comply with all handling, transport, and recycling requirements.

Density Batteries – Power That Moves With You

A brand of Clutch Industries Pty Ltd