Terms & Conditions

 

In these terms and conditions: “the company” shall mean Jasco Pty. Limited; “the customer” shall mean a customer of the company or an applicant for credit from the company.

All orders received from customers are subject to these standard terms and conditions of trade.

 

PAYMENT:

(a)    Payment is due with order or on collection of goods.

(b)    If credit terms have been approved by the company for the customer, payment for all goods supplied must be received within 30 days of the date of the statement.

(c)    The company reserves the right to withdraw credit facilities from any customer at any time.

Payment is accepted by cheque or bank debit only.

 

ENFORCEMENT COSTS AND INTEREST

(a)        In the event of default by the customer, including any breach by the customer of these terms and conditions, Jasco reserves the right to charge:

            (i)           legal and administrative costs and expenses of an in relation to enforcement of these terms and conditions; and

            (ii)          interest at the rate of 10% per annum accruing daily on all outstanding amounts.

 

PRICES:

All prices shown in the company’s price lists are subject to alteration without notice.  However, prior notice of impending price changes will be given wherever possible.

 

Minimum Order:

The minimum order value will be $250.00

 

Free into store delivery METRO

Minimum order value metro capital cities $500.00 (FIS excludes canvas and foamboard)

Metro orders less than the minimum Free into store value will incur a $25 surcharge.

 

Free into store delivery Regional.

Minimum order value regional Australia $1000.00. (FIS excludes canvas and foamboard)

Regional orders less than the minimum Free into store value will incur a $50 surcharge.

 

Canvas, Foamboard and bulky items.

Pricing on these items is quoted excluding delivery. Full delivery charge will apply and be quoted on receipt of order. Minimum order value $250.00 still applies.

 

DELIVERY:

Delivery is to the customer’s business address in capital cities and surrounding metropolitan areas.  Delivery is from dock (Jasco) to dock (Customer).  A customer is defined as a retailer, dealer or reseller that holds an active account with Jasco.  Deliveries outside of capital cities and surrounding metropolitan areas will incur an additional charge.

Jasco reserves the right to charge a delivery fee for any products which require a two person lift or delivery to any locations which do not have suitable receiving facilities (special delivery requirements) or for deliveries to a third party as nominated by the customer.  A list of products subject to an additional charge and the conditions which determine any special delivery requirements is available from the company or on the web at www.jasco.com.au.

 

TAXES:

All goods and services will be subject to an additional charge for GST at the appropriate rate.

 

RETENTION OF TITLE:

(a)        The risk in the goods passes to the customer on delivery or collection and the customer will indemnify the company for any damages, costs or losses of goods arising after delivery or collection of the goods to the customer.

(b)        Title to and property in the goods shall not pass to the customer until payment of all moneys due and owing to the company is received as cleared funds.

(c)        In the event payment is not received by the company for any order or combination of orders in accordance with these terms and conditions, the customer will on demand by the company immediately produce the goods for return to the company.

(d)        The customer authorizes the company, its servants and agents, to enter premises owned, leased or otherwise occupied by the customer for the purpose of taking possession of the goods in accordance with these conditions and authorizes the company by its servants or agents to use all reasonable force to obtain such possession.

 

PPSR PROVISIONS:

(a)        In respect of the PPS, each order, these terms, the credit application completed by the customer and any invoice issued by Jasco constitute a “security agreement” for the purposes of the PPS.

(b)        For the purposes of s115 of the PPS, the parties agree that to the fullest extent permitted by law, they have agreed to:

(i)          Contract out of ss95, 117, 118, 120, 121(4), 125, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the PPS; and

(ii)         Contract out of all matters permitted to be contracted out of pursuant to s115(7) of the PPS.

(c)        To the fullest extent permitted by law, pursuant to sect 157(3)(b), the customer hereby waives its rights to receive any notice under s157 of the PPS.

(d)        The customer must do all things reasonably required by Jasco to enable Jasco to register and perfect a security interest in the goods under the terms of the PPS and PPSR.

(e)        The customer will, at Jasco’s request, pay any or all of Jasco’s costs and expense, on a full indemnity basis, related to registration and enforcement of any security interest or security agreement (including in relation to any guarantee of the customer’s performance of these terms).

 

PROOF OF DELIVERY:

In the event the customer requests proof of delivery, such request must be made to the company within thirty days, commencing the end of the month of the invoice.  Where such proof is requested after 60 days, the customer agrees to the payment of the sum of $20 for each proof of delivery provided by or on behalf of the company.

 

DELIVERY:

(a)        Any delivery dates quoted are estimates only and the customer is not bound by any such estimate and the customer will not make claim, or delay payment for non-delivery within the time estimated.

(b)        The company may make partial deliveries of any order received.

(c)        The company will not be liable for any costs, losses, or damages arising whether directly or indirectly from partial, non or late delivery of any goods ordered.

 

EXCHANGE OR RETURN OF GOODS:

(a)        Return of goods will not be accepted unless prior written approval in the form of a returns authority has been given by the company.

(b)        Where goods have been incorrectly supplied, are faulty or have been damaged in transit, the customer shall notify the company within 7 days of receipt of the goods and agrees that no claim or losses, damaged or faulty goods will be binding on the company after this time.

(c)        The company will not be responsible for the freight charges for goods returned under tis written approval unless the carrier is one nominated by the company.

(d)        The company may at its sole discretion, issue a credit note for the goods or exchange term for replacement goods.

(e)        Other than as set out in this clause, the company is not responsible for any costs, losses or damage arising whether directly or indirectly as a result of any defect of fault in the goods.

(f)         Where the company has agreed to accept the return of goods a fee of $25 or 10% of the gross invoice value (whichever is the greater) will be charged.

 

CHANGE OF STATUS:

Jasco reserves the right to withdraw credit at any time and in that event, all goods supplied thereafter shall be paid for by the customer on delivery by way of cash, bank cheque or EFT/direct bank debit.

 

CREDIT REPORTING:

The company may make any inquiries from a credit-reporting agency that it deems desirable and permits the company to disclose any and all information provided by the customer about the customer in relation to their credit worthiness.

 

ACCESS TO THE COMPANY WEBSITE:

  1. You will be able to access information and transact online using your Dealer Log In which consists of your Jasco account code, email address and password. You remain responsible for keeping all of these confidential and secure against any improper or unauthorized use.
  2. Customers may be provided with more than one Dealer Log In to access information and transact online. Each Dealer Log In and password must be kept confidential and secured against any improper or unauthorized use.  Transactions/instructions made/provided under any Dealer Log In (as amended from time to time) for your account(s) will be taken as consent by you to the transactions/instructions made/provided through Jasco Online Account Access.
  3. You must tell us immediately if you suspect that any unauthorised person has gained access to your Dealer Log In or password.
  4. You must tell us immediately if any person to whom Jasco has issued a Dealer Log In and password in relation to your business’ Online Account ceases to be your employee or agent or you cease to be an employee or agent, as the case may be.
  5. You agree that any Dealer Log In and password combinations issues against your account cannot be used by you or your employee should you or your employee cease to an employee of your company.
  6. You agree that it is your responsibility to ensure any orders placed via the Jasco website are accurate. Jasco will not be responsible for errors, such as incorrect quantity ordered, on orders received through the website. However, Jasco will endeavour to rectify any discrepancies once notified of such discrepancies by the customer.
  7. We can only take responsibility for the reliability of data and information that is within our control. We are not responsible for transmissions of any computer virus or other unwanted programs or information resulting from or associated with your use of Jasco’s Online Account Access.
  8. We are not responsible for the accuracy or content of information or material which we provide to you and which you edit, amend, alter and then provide to any third party or provide in a different form from that on Jasco’s Online Account Access.
  9. We will securely hold, maintain and store your personal information and will ensure that appropriate security measures are in place to maintain the personal information that you have given us, prevent unauthorized access and ensure correct use of information.
  10. *All prices shown on the Jasco website are subject to alteration without notice. However, prior notice of impending price changes will be given wherever possible. Prices shown are the Customer’s unique net prices in Australian Dollars (AUD), excluding GST. Should the Customer believe there is a problem with their pricing, the issue must be reported to Customer Service before any orders for that product are submitted. Please note, pricing is updated every 24 hours. If your account is loaded to a promotion or agreement, your special pricing will be available online the next working day.
  11. **Orders placed via the Jasco website will be subject to freight cost analysis. You will be notified at checkout if this applies to your order. A member of our Customer Service team will contact you regarding your order if freight charges apply. We will not process your order without your acceptance of freight charges.

 

PARALLEL IMPORTS:

Notwithstanding anything in these terms and conditions of trade to the contrary, to the fullest extent permitted by law:

  1. if the customer sells, supplies or advertises, or offers to sell or supply, any products in Australia and/or New Zealand that are not acquired from the company or Jasco Holdings (NZ) Limited (company number 19186) and which are the same as those sold or supplied by the company and/or Jasco Holdings (NZ) Limited (company number 19186) in Australia and/or New Zealand at the relevant time then the company may refuse to accept or may delay accepting one or more purchase orders from the customer (and without the need to provide notice) for goods; and
  2. the company is not liable to the customer for any claims, demands, suits, proceedings, actions, litigation, judgments, costs, expenses, damages, loss or liability of any kind including, without limitation, any special, indirect, incidental and/or consequential loss or damage, that the customer may suffer or incur arising from, relating to or in connection with this clause.

 

SEVERABILITY:

Any provision in these terms and conditions of trade, which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of these terms and conditions of trade or affecting the validity or enforceability of that provision in any other jurisdiction.

 

AMENDMENT:

The company may amend these terms from time to time by 30 days written notice to the customer, and in that event, all subsequent dealings with the customer will be on the basis of those amended terms.