Terms & Conditions
JAYMAK AUSTRALIA STANDARD TERMS & CONDITIONS OF SALE (“this Agreement”)
In this Agreement,
the “Customer”
means any person who places an Order with Jaymak;
the “Goods”
means any items sold or supplied by Jaymak under an Order;
“Jaymak”
means Jaymak Australia Pty Limited (ACN 110 994 744) of 242 Grenfell Street Adelaide SA 5000 and any franchise in the network;
“Order”
means any request or order to purchase the Goods, and;
the “Parties”
refers to the Customer and Jaymak.
1. Validity
1.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, whether through the Jaymak website or through direct orders with any Jaymak franchise or the Head Office call centre, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties except previously agreed Jaymak Credit Account terms and conditions which, where conflict arises, take precedence over this Agreement.
1.2 Any Order is subject to acceptance by Jaymak. Jaymak is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by Jaymak does not in itself constitute acceptance by Jaymak of the Order.
1.3 Jaymak may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the Jaymak website.
2. Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on the Jaymak website at the time of the Order.
2.2 If any Goods are unavailable or out of stock then Jaymak may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer’s approval.
2.3 Customers placing Orders for age-restricted goods (if applicable) confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
3. Terms of Payment and Payment Methods
3.1 Current prices for Goods are available on the Jaymak website. Prices may change from time to time. Occasionally, there may be a difference in price between the Jaymak website and prices quoted directly by franchisees. Jaymak is under no obligation to honour a website price if the Order is placed directly through the franchisee. A delivery and/or insurance charge may be payable in addition to the price of the Goods which will be notified to the Customer before the Customer submits the Order. All prices are quoted in Australian Dollars.
3.2 Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally an error may cause the price published or advertised for Goods to be incorrect, in which case Jaymak will be under no obligation to honour the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on the Jaymak website, depending on the method of placing the Order. Bank/Electronic Fund Transfers must include the Order reference number as a payment reference and be made to:
Account Name: Jaymak Australia Pty Ltd
BSB: 325 185
Account Number: 03377795
3.5 Jaymak reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
4. Delivery
4.1 Full delivery prices and options are listed on the Jaymak website and are subject to change from time to time.
4.2 Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices and delivery times will be longer, depending on the delivery location. Delivery prices and times for these items may be discussed for confirmation with the Customer after an Order has been placed.
4.4 Jaymak will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However Jaymak cannot be held liable for any delay in delivery.
4.5 Risk in the Goods transfers to the Customer at the time of delivery but title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify Jaymak immediately if Goods are delivered in damaged packaging.
4.6 Goods delivered are used, stored and installed at the Customer’s own risk and Jaymak will not be liable for any damage, loss or disruption caused by the same unless caused by Jaymak’s negligence.
4.8 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) Jaymak or its agent cannot effect delivery because Jaymak or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided Jaymak with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and Jaymak may store the Goods until actual delivery, in which case, the Customer will be liable to Jaymak for all related costs, such as re-delivery charges, storage and insurance.
5. Warranties and Returns
5.1 Goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. The cost of returns may be refunded in whole or in part to the Customer at Jaymak’s discretion.
5.2 Goods that are damaged on delivery must be reported to Jaymak within 24 hours. Goods that are missing, delivered faulty or defective by Jaymak may be replaced, refunded or exchanged at Jaymak’s discretion provided Jaymak is informed in writing within 28 days. Certain Goods may be disposed of in accordance with Jaymak instructions and Jaymak may provide a replacement, refund or exchange with Jaymak’s prior approval.
5.3 Clauses 5.1 and 5.2 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to the correct usage instructions. No Goods will be sold on a ‘sale or return’ basis without the prior written approval of Jaymak.
6. Termination
6.1 Jaymak reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 3 above.
6.2 Jaymak reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 Jaymak reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of Jaymak’s reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
6.4 Jaymak reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order.
7. Limitation of Liability
7.1 The Customer agrees that Jaymak will not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude Jaymak’s statutory liability for injury or death.
7.2 Goods sold are not insured for delivery unless confirmed as insured by Jaymak on acceptance of the Order.
8. Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by Jaymak may be subject to copyright (whether owned by Jaymak or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold Jaymak harmless for any breach of said covenant.
8.2 The Customer’s data protection and privacy rights under this Agreement are set out in Jaymak’s privacy policy (available on the Jaymak website).
9. Jurisdiction
9.1 This Agreement is governed by the law of South Australia and the Parties submit to the non-exclusive jurisdiction of the courts of South Australia.
9.2 Any right or obligation contained in this Agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.
