Shipping - Returns - Warranty
1. Purchase Price
NATIONWIDE JACK REPAIRS PTYLTD (“the Company”) agrees to sell the goods described on the front of this invoice to the customer named on the front of this invoice or
customer named in an Application
for Commercial Credit Facility with the Company (“the Customer”) and the Customer agrees to purchase the goods from the Company for the total purchase price referred to on the
front of the relevant invoice.
1.2 The total purchase price referred to on the front of this tax invoice includes GST as specified.
2. Delivery and Risk
2.1 The “date of delivery” is the date upon which the goods leave the premises of the Company. All goods are deemed to be delivered to the Customer at the Company’s premises.
2.2 The Customer is responsible for arranging for the transportation of the goods from the Company’s premises and is responsible for the insurance of the goods while in transit. The cost
of transporting the goods and insuring them while in transit will be borne solely by the Customer.
2.3 Unless notified to the contrary, and without limiting the Customer's obligations under Clause 2.2, the Company will arrange on the Customer’s behalf, for the transportation of the
goods from the Company’s premises to the Customer’s premises at the Customer’s expense. The cost of any such delivery is specified on the front of this tax invoice and is included
in the total purchase price.
2.4 Risk in the goods shall pass to the Customer at the date of delivery. Unless notified to the contrary, and without limiting the Customer's obligations under this clause or Clause 2.2,
the Company will arrange on the Customer’s behalf for the insurance of the goods while in transit at the Customer’s expense. The cost of any such insurance is specified on the front
of this tax invoice and is included in the total purchase price. Where the Company does not arrange insurance on the Customer's behalf, the Customer will insure all goods that are at
2.5 Notwithstanding that risk shall pass to the Customer as herein provided title to the goods shall remain the absolute property of the Company until the Customer has paid to the
Company in full all monies owing to the Company on any account whatsoever. The Customer acknowledges that the Customer holds all of the goods supplied as bailee of the
Company until all monies owing to the Company are fully paid. The Company and its duly authorised agents shall at all times and without notice be entitled to enter any premises
where the goods are believed by the Company to be, without any liability for trespass or damage (against which the Customer indemnifies the Company), and recover therefrom the
goods if the Customer is in default in payment of monies owing to the Company on any account whatsoever. The sale by the Customer of any of the goods prior to payment in full of
all monies owing to the Company from time to time shall be made by the Customer as the Company’s agent and the Customer shall forthwith account to the Company for the proceeds
of the sale to the extent to which such proceeds are necessary to satisfy monies due. The Customer shall keep the Company’s goods separate from other goods held by the Customer.
The Customer consents to the Company registering its interest under this clause as a purchase money security interest on the national personal property securities register.
Notwithstanding the provisions of this clause, the Company shall be entitled to maintain an action against the Customer for the total purchase price upon delivery.
3.1 The Customer shall subject to the rest of this Clause 3, pay the total purchase price on the delivery of the goods.
3.2 If the Company has agreed to supply the goods to the Customer on credit, the Customer shall pay the total purchase price to the Company within thirty (30) days after the end of the
month of delivery.
3.3 If payment is not made in accordance with these Terms and Conditions then interest and administration charges of 1.5% per month or part thereof on the outstanding amount shall be
charged by the Company to the Customer and payment shall be credited firstly against any interest and administration charges due.
3.4 The Customer shall pay all costs, fees, charges and disbursements and legal costs on a Solicitor/Client basis incurred or to be incurred by the Company in recovering any monies due
to the Company for the supply of goods to the Customer.
3.5 The Company reserves the right to separately invoice the Customer for any additional tax or delivery charges after the date of delivery of the goods.
4.1 The Company warrants that:
a) in relation to equipment, for a period of 12 months; and
b) back to base warranty.
if the goods have been correctly installed and used in accordance with the manufacturer’s instructions, and if the goods have not been misused, tampered with or damaged (fair wear
and tear excepted) and if properly serviced and maintained and not otherwise modified other than with the written consent of the Company, the Company will repair or replace at its
option, free of charge, all the goods which are defective by any reason of faulty components or workmanship provided the Company is notified of such faulty components or
workmanship in writing within 14 days from the date the defect first became apparent to the first user of such goods, and the Customer complies with Clause 5.
4.2 The goods may come with guarantees that cannot be excluded under the Australian Consumer Law. In that event the Customer is entitled to a refund or replacement for a major failure
and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
4.3 To the extent that it is permitted by law to do so the Company expressly limits its liability to any one or more of the following, the choice of which is to be at its sole discretion:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
d) the payment of the cost of having the goods repaired.
4.4 To the extent that it is permitted by law, the limit of the Company’s liability to the Customer or to any third party under these Terms and Conditions shall not in aggregate exceed the
purchase price of the subject goods. In no event except if required by law shall the Company be liable for consequential, incidental or punitive loss, damages or expenses howsoever
arising, including if arising from the negligence of the Company, its employees, contractors or agents.
5. Return of Goods
5.1 If the goods are to be returned to the Company for the reasons specified in Clause 4.1, the following procedure is to be complied with by the Customer:
a) the goods are to be packaged and returned to the Company’s premises within a further 7 days from the date the Company is notified of any defect in the goods as referred to in
b) the Customer must provide a copy of the invoice or details of the invoice to which the goods relate.
c) the goods are to be returned to the Company by the Customer freight prepaid.
d) the Customer is to obtain a receipt for the return of the goods from the Company.
5.2 If the goods are returned to the Company for credit:
a) the Customer must observe the procedure set out in Clause 5.1(b), (c) and (d); and
b) the Customer must pay to the Company an amount equivalent to 10% of the total purchase price on account of the Company's handling charges.