SITE TERMS AND CONDITIONS
Thank you for visiting the JAD eStore (www.estore.jadavey.com.au) This Website (Site) is owned and operated by JA Davey Pty Ltd and is made available on the following terms and conditions. Your usage of the site indicates your acceptance of these Terms and Conditions.
JA Davey Pty Ltd grants you a nonexclusive license to access and use the content in this site for your personal purposes. You may not distribute or reproduce any part of the content for commercial purposes.
You acknowledge that the copyright and all other intellectual property rights comprised in or relating to the Site and the data it contains to JA Davey Pty Ltd.
No part of the Site, the data or any material appearing on the Site may be reproduced, stored in or transmitted on any other website without the prior written permission of JA Davey Pty Ltd.
CHANGES TO THE SITE
JA Davey Pty Ltd may make alterations to the Site or withdraw the Site or any part of it at any time.
The information and statements contained on this Site are for information purposes only.
JA Davey Pty Ltd does not give any warranty or other assurance as to the operation, quality or functionality of the Site. Access to the Site may be interrupted, restricted or delayed for any reason. JA Davey Pty Ltd does not give any warranty or assurance as to the content of any material appearing on the Site, its accuracy, completeness or fitness for any particular purpose.
To the maximum extent permitted by law, you agree that JA Davey Pty Ltd its officers, employees and representatives will not be liable for any special, indirect, consequential or punitive damages arising out of or related to any product sold or information obtained from this Site and that the maximum liability for any defect, error or omission in any product sold shall be the cost of replacing any such product.
This website contains information, text and graphics provided by JA Davey Pty Ltd and its representatives and by third parties. JA Davey Pty Ltd makes no representations that any material supplied by a third party is accurate, complete, up to date, reliable or suitable or that the Site or the server which stores and transmits any information from this Site are free of viruses or any harmful components.
This Site may contain links to websites operated by third parties. Those linked sites are not under the control of JA Davey Pty Ltd and we are not liable for or responsible for their contents. You link to any such website at your own risk.
WEBSALES – TERMS AND CONDITIONS
1.1. All Orders for the purchase of Products from the Company made by the Customer will be taken to be an offer to the Company to purchase the Products incorporating these terms and conditions of sale.
1.2. The contract for the sale and purchase of the Products will arise upon acceptance of the offer of the Customer by the Company. Acceptance by the Company shall be evidenced by the delivery of Products to the address of the Customer nominated in the Order.
1.3. The items contained in these terms and conditions of sale will be the terms and conditions of the contract, and no changes will be incorporated unless agreed in writing by the Company.
2.1. The Price is the amount set out in the Order or any catalogue of Products.
2.2. The Price is exclusive of freight or postage unless specifically stated otherwise.
2.3. All prices listed by the Company are inclusive of GST Where applicable.
3. ORDERS AND DELIVERY
3.1. No Order will be accepted unless payment of the Price is made in full.
3.2. The Company shall use its reasonable endeavours to have the Products delivered to the Customer as soon as practicable but the Company shall not be liable for any loss or damage suffered by the Customer as a result of any delay in completion of delivery, whether direct or indirect.
3.3. Delivery shall be complete upon arrival of the Products at such place as notified by the Customer in the Order.
3.4. The Customer shall accept delivery of the Products on the date on which the Company is able to make delivery.
3.5. If the Customer does not accept delivery of the Products delivery shall be deemed to have been made when the Company is or was willing to deliver the Products and the Company shall be entitled to charge as an accretion to the Price of the Products reasonable storage and transportation charges.
3.6. Failure to make any delivery shall not prejudice the right of the Company to make subsequent deliveries nor shall that entitle the Customer to refuse to accept a delivery or to any right or claim for damages whether for delay or non-delivery or otherwise.
3.7. All claims for errors or short delivery must be made in writing within fourteen days of receipt or deemed receipt of the Products by the Customer.
3.8. The Company shall not be liable to the Customer or any other person claiming through or under the Customer for any errors or omissions in the execution or performance of the contract arising partly or wholly from any ambiguity in the specifications.
4. RISK AND INSURANCE
4.1. Risk shall pass to the Customer on delivery of the Products to the address of the Customer notified in the Order.
4.2. Freight and transit insurance are to the Company’s account.
The Company shall remedy any defect in the Products for the warranty period from the date of delivery or deemed delivery, where such defect is caused by manufacturing defect provided that –
5.1. The Products are used in the ordinary course for which they were manufactured.
5.2. The Customer must provide written notice and description of the defect within seven (7) days of the defect becoming apparent.
5.3. The warranty will be void in the event of failure by the Customer to perform proper and regular maintenance, if it undertakes modifications to the Products, or repairs are conducted upon the Products other than in accordance with the written authority and direction of the Company.
6. EXCLUSION OF WARRANTIES
6.1. Save as provided in these terms and conditions, to the fullest extent permitted by law, all warranties, descriptions, representations and conditions as to fitness, suitability for any purpose, tolerance to any conditions or otherwise whether expressed or implied by law trade custom or otherwise are expressly excluded.
6.2. No agent or representative of the Company is authorised to make any representations, statements, warranties, conditions or agreements not expressly set forth in these terms and conditions of sale and the Company is not in any way bound by any such unauthorised statements nor can any statement be taken to form part of any contract with the Company collateral to this contract.
7.1. To the extent permitted by law, the liability of the Company whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance in respect of the Products or from any other breach of the Company’s obligations hereunder shall not in any event exceed an amount equivalent to the purchase price of the Products.
7.2. The Company shall not be liable for any consequential indirect or special damage or loss of any kind whatsoever nor shall the Company be liable for any damage or loss caused by the Customer’s servants, agents, customers or other persons whatsoever (whether similar or not to the foregoing).
8. FORCE MAJEURE
The Company shall not be liable for failure in supply or delivery to the Customer occasioned by strike, combination of workmen lockout, Act of God, shortage of stock, shortage of labour, lack of skilled labour, delays in transit, legislative, governmental or other prohibitions or restrictions, fire, flood, hostilities, commotions or other causes whatsoever (whether similar or not to the foregoing) beyond the Company’s reasonable control.
9. WAIVER AND FORBEARANCE
9.1. All the original rights, powers, exemptions and remedies of the Company shall remain in force not withstanding any neglect, forbearance or delay in the enforcement thereof.
9.2. The Company shall not be deemed to have waived any condition unless such waiver shall be in writing under the signature of a director of the Company and any such waiver unless the contrary shall be expressly stated shall apply to and operate only in the particular transaction dealing or matter in respect of which it was given.
The law of the State of Victoria is the proper law for these terms and conditions. The parties irrevocably submit to the non-exclusive jurisdiction of the courts in the State of Victoria and any courts having jurisdiction to hear appeals from those courts.
11.1. Company means JA Davey Pty Ltd being that party identified as the Company in the Conditions or otherwise being the party which accepts an Order for the purchase of Products in accordance with clause 1;
11.2. Customer means the party identified as such in the Order or otherwise the party which places an Order in accordance with clause 1;
11.3. GST means the tax payable on Taxable Supplies within the GST Act;
11.4. GST Act means the A New Tax System (Goods and Services Tax) Act 1999;
11.5. Price means the price of the Products described in the Order, subject to variations agreed in writing.
11.6. Products means the goods the subject of the Order;
11.7. Order means an order for Products made by the Customer to the Company in accordance with these Terms and Conditions of Sale.
11.8. Warranty Period means the manufacturer’s regular warranty period.