Terms & Conditions

TERMS & CONDITIONS

Definitions

"User" means the person or entity using the website.

"Owner" means the Seller that owns the website Jay Trading.

"Seller" means Jay Trading.

"Buyer or Purchaser" means the Debtor or Customer and its authorised representative whose order for the purchase of goods is accepted by the Seller, and/or whose name is specified on the invoice.

"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.

"Website" means "http://www.jaytrading.com.au/"

Agreement to be bound by Terms

It is a condition of use of this website that Users agree to these Terms and Conditions. By registering to use this website Users agree to be bound by these Terms and Conditions.

Identification

The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose. The Owner reserves the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used.

Shipping

Normal lead time for despatch of goods in stock is one to five (1-5) working days. Goods will be shipped by the Seller’s choice of courier unless otherwise specified by the Purchaser. The Seller may deliver the goods by instalments, or partial shipments, and the Purchaser will accept each delivery. The requirements of the Purchaser shall not be a condition or of the essence of the contract.

Unavailability

From time to time information that would normally be available through the website, including the Seller’s catalogues, may not be able to be accessed online because of technical or other problems. The Owner, and the Service Provider expressly excludes liability to any User of this website in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Owner or the Service Provider.

Privacy and Storage of your personal information

It is necessary for the Owner to capture information about you to provide the services offered through this website. The use of the information and your rights in respect of it is set out in the Privacy Statement on this website.

Pricing

Unless stated otherwise, all prices quoted are in AUD currency and are exclusive of GST – refer clause 17. The Purchaser’s order will be deemed to be an offer and acceptance only happens when the Seller accepts the order.

Indemnity

The User agrees to indemnify the Owner and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the website by the User.

Material on this website is all the copyright of the Owner, or the Service Provider, and the copying or use of this information is not permitted unless prior written permission is received from the Seller.

Returns

Special orders, or specially manufactured goods, or cut lengths of product are not returnable.

The Seller is not under any duty to accept goods returned by the Purchaser and will do so only on terms to be agreed in each individual case based on the following points listed below:

Prior authorisation has been given by the Seller in writing.
The Purchaser agrees that goods to be returned, as agreed by the Seller, are subject to a handling and restocking charge of 20% of the price of the goods at the discretion of the Seller.
No credit will be given on faulty goods until the fault has been investigated and confirmed by the Seller – refer clause 19.
All goods returned must be in their original packaging and shall not be soiled, damaged or obsolete as such goods will be rejected or credited at a further reduced price determined by the Seller.
The Seller may also deduct reasonable labour costs associated with the restoration of goods to the condition as originally supplied to the Buyer.
The cost of freight in returning goods will be the responsibility of the Purchaser, as well as the risk while the goods are being returned to the Seller.
Where goods are authorised for return, only a Credit Note will be issued, and no cash refund will be given.
Nothing in this clause affects the Purchasers’ rights under Australian Consumer Law or in respect of any breach of terms.

Accounts

I/we the Director(s)/Partner(s)/Proprietor of the Seller acknowledge that should an extension of credit be granted to the Company/Partnership/Business of the Purchaser then the following conditions apply:

The reference to the Purchaser in these terms and conditions means the Purchaser, his/her employees and any person appearing to have the authority of the Purchaser.
The Purchaser agrees that the payments to the Seller will be made by the last working day of the month after the date of the invoice, and if at any time moneys are overdue, the whole debt then becomes due and the Seller shall be at liberty to sue for the recovery of the whole debt. The Purchaser will be liable for all costs incurred by the Seller in recovering the debt.
All amounts not paid by the Purchaser within 30 days of the date of invoice, will incur interest charged at 2.5% per month on all overdue accounts. This amount may vary according to the overdue account interest rates applicable at the time.
Fees apply for payments made by credit card for account customers at a rate of 1.7%. The Seller reserves the right to vary the terms of payment, and in circumstances may require the full payment prior to delivery.
Prices quoted are subject to acceptance by the Purchaser for the goods as set out in the quotation, or other such documents given by the Seller. The Purchaser accepts the quotation and/or the price quoted in the agreement, and all the terms and conditions on the commencement of delivery by the Seller.
All quotations remain valid for fourteen (14) days commencing from the date shown on the quotation, unless otherwise stated.
Should the Purchaser request any variation in details, sizes, quantities, delivery instructions, or any other item or matter on which the quotation or invoice is based, the Seller reserves the right to revise and amend the contract price accordingly.
An acceptance to purchase received by the Seller after a period of fourteen (14) days from the said date is subject to the rights of the Seller to alter the terms offered, including a revision of the price quoted.
All quotations are to be treated as estimates only and are subject to withdrawal, correction, or alteration at any time by the Seller before acceptance of the Purchaser’s order and subject to change without notice.
The Seller reserves the right to accept or decline any order or part of an order, and these terms and conditions shall apply to every sales contract and sale of goods between the Seller and the Purchaser.
Any terms and conditions of the Purchaser’s order deviating from or inconsistent with these terms and conditions are expressly rejected by Seller. This rejection also extends to any statement by the Purchaser that the Purchaser’s terms and conditions shall prevail and to any stipulation by the Purchaser as to the manner of declaring such rejection.
A contract shall only be or be deemed to have been entered into between the Seller and the Purchaser for the supply of goods when, upon an order having been placed upon the Seller for goods, that order has been accepted by the Seller, and such acceptance of order may be made and communicated by the Seller in writing or by overt act of acceptance. The provision of this clause shall apply to every quotation on offer by the Seller for the supply of goods.
The Seller requires all orders to be in writing, with a purchase order number quoted.
Unless otherwise requested, any goods ordered which are not in stock will be placed on backorder, and backorders will be supplied at the original purchase price as agreed.
Orders accepted by the Seller cannot be cancelled, or countermanded, or delivery deferred, or goods returned except with the written consent of the Seller, and upon terms that reimburse and indemnify the Seller against all loss including cartage, bank charges and other incidental expenses on any part of the order that is cancelled.
Prices are ex Seller’s warehouse unless otherwise agreed upon in writing.
Prices in quotations do not include GST and will be added to the invoice in accordance with the Tax Act.
In the event of the Seller's written demand for payment, the remaining outstanding amount needs to be paid within a period of seven (7) days from the date of demand. In the event that payment is not received, the Purchaser irrevocably authorises the Seller, or its representatives, to enter the Purchaser’s premises, or elsewhere, where the goods, or any of them, are stored or situated, or where the supplier reasonably believes the goods, or any of them, are situated, and to take possession of and remove those goods without incurring any liability whatsoever. The Purchaser acknowledges and guarantees such right of entry during normal business hours.
Subject to the clauses contained in the Trade Practices Act 1974, the Seller will not be liable to and will be indemnified by the Purchaser or any third party which arise out of any defects whatsoever caused which may exist in any goods delivered by the Seller to the Purchaser. In cases where Part V Division 2 of the Trade Practices Act 1974 applies the Seller shall be limited in the case of supply of goods, to any one of the following as the Seller in its sole discretion may determine:
1. the replacement of the goods or the supply of equivalent goods; or,
2. the repair of the goods; or,
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or,
4. the payment for having the goods repaired.
Nothing in clauses under warranty has the effect on excluding, limiting or modifying any rights, entitlements or remedies that may be conferred on the Purchaser under the Competition and Consumer Act 2011 or any other Law to the extent that those rights, entitlements or remedies cannot be excluded or modified by agreement. Goods supplied with a manufacturer’s 'warranty’ against defects for a certain period of time will be expressed in a transparent way in plain language and be presented clearly and contains the warrantor’s name, business address, phone number and email address (if any). It will set out relevant claim periods or procedures and include a statement that rights under the warranty are set alongside the consumer guarantees, which cannot be excluded.
At additional cost unless otherwise stated, delivery times quoted, as well as consignment dates, are estimates only and are subject to circumstances and factors outside of the Seller’s control.
The Seller will not be liable in any manner whatsoever for direct or indirect, contingent, consequential or resulting loss or expenses suffered by the Purchaser, or any other liability to any other party, for damage to persons or properties of any nature due to any cause whatsoever, including but not limited to, the loss of turnover, profits, earnings, business or goodwill, except to the extent of any liability imposed by the ACL.
The Seller shall not be liable to the Purchaser for any liability, loss, damages, or expense of any kind caused directly or indirectly by the goods, or any inadequacy thereof for any purpose, or any defect therein, or by the use thereof to the Purchaser arising from accidents, failures, delays or postponement experienced in delivery or non-delivery, which are attributed to transport delays, shortage of vehicles, unavailability of materials, holidays, fires, strikes, lockouts, wars, pandemics, and any Acts of God, or any other cause that may delay or cancel delivery, and in all cases are subject to confirmation, or alteration, if and when the offered order is accepted by the Seller.
If at the request of the Purchaser a delivery vehicle in the service of the Seller enters a job site the Purchaser will indemnify the Seller against all claims from any person which may arise from entry onto the job site.
Acceptance of the goods delivered shall be deemed for all purposes to have taken place at the expiration of seven (7) days from the date of each delivery. The Purchaser waives any claim for short supply of any goods delivered, or failure to supply goods conforming to an order, if such claim has not been lodged with the Seller within seven (7) days of receipt of goods.
The ownership of all goods delivered or sold by the Seller to the Purchaser remain the property and title in the goods of the Seller until payment in full for all the goods delivered to the Purchaser has been received by the Seller. However, the risk in respect of the goods shall pass to the Purchaser upon the goods leaving the premises of the Seller, other than when the Seller delivers to the premises of the Purchaser.
It is the Purchaser’s responsibility to effect whatever insurance cover he requires for the goods at his expense and shall indemnify the Seller in full for any loss or damage that may occur to the goods at any time prior to the payment being made by the Purchaser in full to the Seller.
The Seller will not in any circumstances accept liability for damages, shortages, or loss during transit.
The Buyer shall provide or cause to be providing full and clear access for delivery and will at their own expense provide all necessary assistance in unloading the goods at the nominated place of delivery.
The Seller shall not be liable to the Purchaser for any false or misleading information given to the Purchaser, or any damage caused by the negligence of the Seller's employees or agents.
The Personal Properties Securities Act (PPSA) commenced operation on 31st January 2012. As a result, the Seller will be entitled to register those security interests where the Seller considers it is necessary and appropriate and the Purchaser gives the Seller this right to register a Security Interest on the PPSA Security Register. The Seller retains the purchase money security interest in the goods and the proceeds of sale under the PPSA and Title and Property in the goods will not pass until the Purchaser has paid all monies owed to the Seller for any account. The Purchaser must do all things reasonably required by the Seller in respect of the registration of the Seller’s interest in the goods for the enforcement of the Seller’s rights under the PPSA in respect of the goods. Where permitted by the PPSA the Purchaser does waive any rights to receive the notifications, verifications or other documentation specified under 95, 118, 121(4), 123, 129, 130, 132(3) 132 (d), 132(4), 135, 142, 143 and 157 of the PPSA. The Purchaser does waive any right to claim damages against the Seller under Section 271 of the PPSA. The Purchaser shall not change their name without first notifying the Seller of the new name, not less than seven (7) days before such a change takes effect. The Purchaser agrees that to the extent allowed by Law nothing in sections 129 to 153 of the PPSA will apply to these terms.
The Purchaser may only be classed as a Distributor and therefore be given Distributor pricing at the discretion of the Seller. The Distributor must meet a specified sales amount set by the Seller to continue receiving the Distributor pricing level. If this is not fulfilled by the Purchaser, then the Seller may place the Purchaser on a different pricing structure.
The Purchaser acknowledges that the matters set out in quotations are a true description of the purpose for which the goods purchased hereby are to be applied in respect, or work required to be performed by such goods, and that the Purchaser may forfeit any rights they may have against the Seller for the supply of the subject goods if they are applied to any other use.
The Purchaser forfeits any right or claim against the Seller if any alteration to the goods sold or quoted is carried out without the Seller’s written consent. The Purchaser further acknowledges sole responsibility for any damage, or injury to property or persons caused by using the sold goods to pump, meter or transfer hazardous or toxic, or toxic fluids, or substances.
The Purchaser acknowledges and agrees that the goods are of a size, design, capacity, and manufacture selected by the Purchaser.
The Purchaser is satisfied that the goods and/or the plans and specifications for such installation is suitable for the Purchaser’s purpose.
The Purchaser in ordering the goods and/or installation of such goods has relied entirely on its own judgment and not on any statements made by the Seller or its servants. The Seller shall not be liable in contract or in tort or otherwise for any loss whatsoever arising from any information and assistance given to the Purchaser whether by way of advice, instruction, or demonstration or otherwise.
The Purchaser must indemnify and keep indemnified the Seller from all loss or damage to property or loss with respect to any personal injury to any person occasioned either directly or indirectly from the hire, sale or use by the Purchaser of the goods supplied by the Seller.
These terms and conditions shall not be read or construed as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition or warranty to the extent that is implied by the Consumer and Competition Act effective 1st January 2012, or by any other statute of any other State or the Commonwealth of Australia and which is not legally capable of being excluded, restricted, or modified.
All goods purchased are covered by the Building and Construction Industry Security of Payment Act.
Clerical errors in computations, typing or otherwise, of catalogue, quotation, acceptance, offer, invoice, delivery note, credit notes, specification of Seller shall be subject to correction – errors and omissions excepted (E.&O.E.).
The Seller reserves the right to revise, amend and update the Terms and Conditions from time to time without prior notice.
If any of the provisions of these Terms and Conditions are unlawful or invalid by reason of any applicable statue or rule of Law, then such provision shall be severed from the rest of the above Terms and Conditions which shall remain valid and binding on the Purchaser and the Seller.
The Law of New South Wales governs these Terms and Conditions.
The Purchaser and the Seller agree to non-exclusive jurisdiction of the courts of New South Wales and the Federal Court. Notwithstanding that any provision of the Terms and Conditions may prove to be illegal or unenforceable pursuant to any statue or of law, then that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms and Conditions shall continue in force.
Copies of these Terms and Conditions are available for viewing upon request.