Reference in these terms to:-
(a) “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).(b) “Goods” or “Services” refers to goods or services supplied by Jaymac to You.(c) “PPSA” means the Personal Property Securities Act 2009 (Cth).(d) “You” means the person named in the Customer Account Application as the Customer.
Terms used in these Terms and Conditions which have defined meanings in the PPSA or ACL have the same meanings in these Terms and Conditions
2.1 The “price” of Goods and/or Services will be the then current price as determined by Jaymac and notified to You.
2.2 The notification of the “price” of Goods and/or Services to You will not operate as an offer or obligation to sell to You. Jaymac retains the discretion whether to accept or to decline any orders from You.
2.3 All prices are GST exclusive. GST is payable by You in addition to the price at the same time as the price is payable.
2.4 A $15.00 handling charge may be applied to invoices under $100.00 excluding GST.
2.5 A variable delivery charge will apply in accordance with Jaymac freight rates schedule.
3.1 Where You comprises more than one person, each such person shall be jointly and severally liable to Jaymac under these Terms and Conditions.
4.1 The price shall be paid by You in cash, by electronic funds transfer or credit card, or by cheque not later than thirty (30) days after Jaymac invoices You. Time is of the essence in that regard.
4.2 If You fail to make any payment when due, all other amounts whether then due or not will become immediately due and payable and Jaymac may withhold the supply of any further Goods and/or Services until overdue amounts are paid in full.
4.3 Jaymac reserves the right to recover from You a default charge on overdue amounts calculated on a daily basis at the rate which is 4% above the Westpac Reference lending rate as published from time to time upon the outstanding balance of the price and to be payable by way of liquidated damages for breach of contract.
4.4 Jaymac may in its complete discretion apply any payment received from You to any amount owing by You to Jaymac.
4.5 You must pay all costs and expenses (on a solicitor-client basis) reasonably incurred by Jaymac arising out of any breach by you of the payment terms of these Terms and Conditions.
5.1 Every endeavor will be made by Jaymac to supply the Goods and/or Services within the period, if any, requested by You but no liability is accepted by Jaymac for delay in delivery or non-delivery.
5.2 Jaymac reserves the right at its discretion to discontinue supply to You at any time, particularly if You are in default of your payment obligations and/or become subject to any form of insolvency administration whether formal or informal, or where there is a force majeure occurrence.
6. EXAMINATION, RETURNS AND REFUNDS
6.1 You are responsible for examination of the Goods upon delivery or collection and any alleged damage, deficiency or non-conformity with order must be reported to Jaymac in writing within two (2) business days of such delivery/collection otherwise no claims shall be considered and You will be liable to pay any amounts for those Goods not yet paid to Jaymac.
6.2 You must choose Goods carefully. We are not required to give refunds if you change your mind or make the wrong decision but we retain that discretion. You can choose between a refund, exchange or credit where the Goods contain faults, have been incorrectly described, are different from a sample shown to you or do not do what they are supposed to do. You must present your receipt as proof of purchase to obtain a refund.
7. TITLE/PROPERTY AND TRANSFER
7.1 Property in Goods shall remain with Jaymac until You have paid all monies due to Jaymac on any account whatsoever. Until that time You must- 7.1.1 Hold the Goods as a bailee until property in them passes to You;7.1.2 At all times ensure that Goods are marked in a way that will enable their identification as property of Jaymac;7.1.21 Except as mentioned in clause 7.2 not purport to mortgage, charge, transfer, convey or otherwise deal with Goods without the prior consent of Jaymac;7.1.3 At all times allow Jaymac access to Goods to inspect them and to re-take possession at its discretion and indemnify Jaymac against all claims whatsoever (including claims of trespass) arising out of the exercise or purported exercise of rights under this clause;7.1.4 Insure Goods; and7.1.5 Account to Jaymac for all proceeds of Goods including any insurance proceeds.
7.2 You shall be entitled to sell or consume Goods in the ordinary course of your business subject to – 7.2.1 In the case of a sale of Goods You must hold the proceeds of sale on trust for Jaymac;7.2.2 Your right to deal with Goods shall cease automatically if You-(a) breach any provision of these conditions of sale;(b) cease to or threaten to cease to carry on your business; or(c) becomes the subject of any form of insolvency administration whether formal or informal.
7.3 Notwithstanding property in Goods remaining with Jaymac, upon delivery to You or your agent, the Goods will be at your risk and You will, at your own costs, insure the Goods in your own name against all risks for which a prudent owner would insure goods and for their full replacement value.
7.4 Goods delivered to You on consignment remain the property of Jaymac until paid for in full and –
7.4.1 Those goods will be at your risk from delivery;7.4.2 You will be responsible for the maintenance and repair of any such goods on consignment; and7.4.3 You will forthwith return any goods on consignment to Jaymac on written demand.
8.1 You hereby grant to Jaymac a Security Interest in all present and after acquired property (including the Goods) and their proceeds (including any accounts and accessions) to secure all monies owing to Jaymac now and/or in the future by You.
8.2 You hereby grant to Jaymac a Security Interest in all present and after acquired property (including the Goods) and their proceeds (including any accounts and accessions) as security for any Goods delivered to You by Jaymac under consignment.
8.3 You agree that:
8.3.1 Jaymac will continue to hold a Security Interest in the Goods in accordance with the PPSA, notwithstanding that the Goods may be processed, commingled or become an accession with other Goods.8.3.2 You will do all the things necessary to enable Jaymac to perfect and maintain its security interest including providing all information Jaymac requires to register a Financing Statement or Financing Change Statement on the Personal Properties Securities Register (“PPSR”) as a Security Interest and a Purchase Money Security Interest pursuant to the PPSA;8.3.3 You will not change your name, ACN or ABN or other details required on the PPSR, without first notifying Jaymac;8.3.4 Jaymac need not give You any notice required under the PPSA unless the requirement to give notice cannot be excluded;8.3.5 You must pay any and all costs, expenses and other charges incurred, expended or payable by Jaymac in relation to the filing, discharge or necessary amendment of any Financing Statement or Financing Change Statement.8.3.6 You will not allow security interests to be created or registered over the Goods in priority to the security interest(s) held by Jaymac.8.3.7 To the extent the law permits them to be excluded Sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4),135, 142 and 143 of the PPSA shall not apply.8.3.8 You and Jaymac agree that neither will disclose information of the kind specified in Section 275(1) of the PPSA unless, in the case of Jaymac and at its discretion, such disclosure is necessary to protect or enforce a Security Interest You have granted.
9. CONSUMER GUARANTEES
9.1 If Goods and/or Services are supplied to You as a Consumer, the ACL provides for You to have the benefit of consumer guarantees which cannot be excluded. You will be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You will also be entitled to have goods and/or services repaired, replaced or re-supplied if they fail to be of acceptable quality and the failure does not amount to a major failure.
9.2 To the extent permissible by law, the liability of Jaymac in respect of a breach of a consumer guarantee or any warranty made under these Terms and Conditions for any Goods and/or Services not of a kind ordinarily acquired for personal, domestic or household use is limited at the option of Jaymac:
In the case of Goods to – (a) replacing Goods or the supply of equivalent Goods; (b) the repair of the Goods;(c) the payment of the cost of replacing Goods or of acquiring equivalent Goods; or(d) the payment of the cost of having Goods repaired.
In the case of Services to – (a) the supplying of the Services again; or(b) the payment of the cost of having the Services supplied again.
9.3 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Jaymac is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate You for: (a) any increased costs or expenses;(b) any loss of profit, revenue, business, contracts or anticipated savings;(c) any loss or expense resulting from a claim by a third party; or(d) any special, indirect or consequential loss or damage of any nature whatsoever; arising out of the Jaymac’ supply of Goods and/or Services to You or caused by Jayamc’s failure to provide or delay in providing Goods and/or Services.
11. NON-WAIVER, GOVERNNING LAW AND OTHER MATTERS
11.1 No failure or omission by Jaymac to exercise a right or remedy in these Terms and Conditions is to be construed, and will not operate, as a waiver of that right or remedy by Jaymac. It remains entitled to pursue such rights and remedies.
11.2 These terms and conditions are to be interpreted in accordance with the laws of New South Wales and the courts and tribunals of that State have exclusive jurisdiction in relation to these Terms and Conditions.
11.3 In entering into these Terms and Conditions, You have not relied on any warranty, representation or statement, whether oral or written, made by Jaymac, its employees or agents relating to or in connection with the subject matter of these Terms and Conditions.
1. Privacy and your personal data
2. It applies to Information collected by us, or provided by you, over our website at www.jaymac.net.au (“Website“) or in any other way (such as over the telephone or in an email). It is also intended to assist you in making informed decisions when using our Website. Please take a minute to read and understand the policy.
4. All your personal Information shall be held and used in accordance with the Australian Privacy Principles that are developed from the Privacy Act 1988 (the “Legislation“).
6. If you want to know what information we collect and hold about you, please write to us at: Privacy and Data Protection Officer, JWL Marketing P/L, Po Box 7002, New England MSC NSW 2348 or email email@example.com
7. JWL Marketing Pty Ltd ACN: 115 109 012 is the Privacy Officer and data controller of your Information for the purposes of legislation and is a company registered in Australia at 5 Hawker Road, Tamworth NSW 2340, Australia.
2. What Information do we collect
1. Personal information is information that identifies you directly or from which your identity can be reasonably ascertained (“Information”).
2. When we interact with you and you visit our Website you may provide us with Information such as your name, address, email address, phone number, date of birth and payment information. You may provide us with Information in a number of ways: A. through our face-to-face interactions with you as our customer or as a supplier to us;B. by supplying us with the Information as listed above, on an individual basis by completing a “Contact” form or our Credit Account Application on our Website; C. by corresponding with us by email, in which case we may retain the content of your email messages together with your email address and our responses;D. by communicating with us by telephone in which case we may record or monitor your calls and you consent to this; orE. when we conduct checks on you with credit reporting bodies or conduct searches on the Personal Property Securities Register (“PPSR”).
3. We will not collect information unless it is reasonably necessary for one or more of our functions or activities.
5. We may also collect information about your computer, including, where available, your IP address, operating system and browser type and the geographical location of your computer, for system administration. This is statistical data about browsing actions and patterns and does not identify you as an individual.
4. How do we use the Information that you provide to us?
1. We use your Information in the following ways: A. to communicate with you when you have contacted us using the “Contact” form on the Website;B. to ensure that content from our Website is presented in the most effective manner for you and your computer or device;C. to carry out your requests;D. to assist us with providing a better service to you;E. to identify you;F. to set up an account for you with us;G. to conduct credit checks in relation to you;H. to send you invoices and statements;I. to register security interests, in relation to you or the PPSR;J. to collect payments from you; andK. to inform you of things we believe you may be interested in.
2. If we collect Information for a particular purpose, we will not use the Information for a secondary purpose unless: A. we have obtained your consent;B. you would reasonably expect us to use the Information for the secondary purpose and the secondary purpose is related to the primary purpose;C. the use or disclosure of the Information is required or authorised by or under an Australian law or a court/tribunal order;D. a permitted general situation exists in relation to the use or disclosure of the Information;E. a permitted health situation exists in relation to the use or disclosure of the Information; orF. we reasonably believe that the use or disclosure of the Information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
3. We may use your Information to provide you with promotional material about us or the services and products offered by us. If you do not wish to receive promotional information, you can contact us by emailing firstname.lastname@example.org at any time requesting that your name be removed from our marketing lists.
4. In limited circumstances we may pass your Information to other third party organisations: A. if they are acting on our behalf in the course of communicating or providing goods and services to you;B. if we buy or sell any business or assets in which case we may disclose your Information to the seller or buyer of such business or assets; andC. if we are under a duty to disclose or share your Information to comply with any legal obligation or in order to enforce or apply our terms and conditions and other agreements or protect the rights, property, or safety of our clients, or others. This includes exchanging information with other companies and organisations for fraud protection.
5. Your consent
6. How can you access your Information?
1. You are entitled to access Information that we hold about you. If you request access to your Information we will grant your request unless providing you with access would unreasonably impact upon the privacy of others or would not be otherwise permitted under the Legislation. If we refuse your request to access your Information, we will provide you with reasons for the refusal.
2. A request for access can be done in any of the following ways to the Privacy Officer and data controller: 1. Telephone: +61 676217312. Email: email@example.com. Post to: Po Box 7002 New England MSC NSW 2348, Australia
3. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
4. We will take reasonable steps to remedy any issues you raise with us resulting from any failure to comply with our privacy obligations. You may communicate with us anonymously or by using a pseudonym. We will not seek to match your pseudonym to other information we have collected from you but we may need to identify you at some stage to properly assist you.
5. More information about Australia’s privacy laws and the Australian Privacy Principles is available from the Office of the Australian Information Commissioner at www.oaic.gov.au. You can contact that Office if we cannot resolve any privacy issue that you raise with us.
7. Where we store your personal data
2. Any Information that is collected via websites or which is held on our computer systems is protected by encryptions for data transmission
8. Updating storage and security of Personal Information held by us
1. We aim to keep your Information secure and up to date.
2. You can update your contact and profile information at any time by contacting our Privacy Officer on the number above or you may edit your account information and preferences. If we find that we have no further need for your Information, we will permanently de-identify it or remove it from our system, and destroy all record of it. We welcome any changes to your details so as to keep our records up to date.
1. We maintain high standards of security, however the transmission of information via the internet is not completely secure. So, whilst we will do our best to protect your Information, we cannot ensure the security of your data during transit to our Website. Any information, you submit is sent at your own risk. Once we have received your Information we will use strict procedures and security features to prevent unauthorised access.
10. Third party sites
1. Welcome to our website www.jaymac.net.au (the “Website“). The Website is provided by JWL Marketing Pty Ltd trading as Jaymac Welders Supermarket (“we“, “us” or “our”).
2. “You” and “your” means you as the user of our Website.
4. If you are purchasing Goods and/or Services from us via our Website, the Jaymac Trading Terms and Conditions on this Website also apply.
2. Use of this Website
4. You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes.
3. Accessing Our Website
1. Access to our Website is permitted on a temporary basis. We may update our Website from time to time and so may change the content at any time without notice to you. We reserve the right to withdraw, vary or suspend the Website at any time without notice.
3. Please note that use of our Website is subject to your computer and/or portable device being compatible with our Website, and we shall not be liable for any failure arising in the Website which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
4. Reliance on Information Posted
1. Materials posted on our Website are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by local law.
5. Intellectual Property
3. You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement where appropriate to us. All intellectual property rights in and to the Website and the Materials are either owned by or licensed to us and your use of the Website and Materials is subject to the following restrictions:
You must not: a. remove any copyright or other proprietary notices contained in the Materials;b. use any Materials from the Website in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; c. reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or the Materials for any commercial purpose, without our prior written consent; ord. add any content to the site without our prior written consent or which would cause you or us to breach any legal obligation, or which could be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to insight racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
6. Trade Marks
1. We expressly reserve all rights in and to the www.jaymac.net.au domain name and all related domains and sub-domains, the name Jaymac Welders Supermarket and any logo, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Website may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
7. Linking to Our Website
1. You may link to any page of the Website, for non-commercial purposes, provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
2. You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, any copyright notice, or other information published on the Website.
3. Our Website must not be framed on any other site. We reserve the right to withdraw linking permission at any time and without notice.
8. Privacy, Your Personal Data and Cookies
9. Third Party Sites
1. Our Website and/or the Materials may contain links to third party websites. Your browsing and interaction on any other website, including websites which have a link to our Website, is subject to that website’s own rules and policies including in relation to privacy. Please read those rules and policies before proceeding.
2. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed in such websites. Links do not imply that we are, or our Website is, affiliated to or associated with such sites.
3. The inclusion of any link on our Website or in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk.
10. Our Liability
1. To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website. In particular we do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect.
2. We do not accept liability for any failure to maintain the Website.
4. The Materials may contain inaccuracies and typographical errors. We do not warrant the truthfulness, accuracy or completeness of the Materials.
6. To the extent any loss or liability cannot be excluded we reserve the right to limit liability to resupply the service or refund of an amount up to monies paid to us in the preceding year at our sole discretion.
12. Legal Compliance and Applicable Law
2. You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the Website. To the extent that the Website or any activity contemplated by it would infringe any law of a jurisdiction other than Australia, then you are prohibited from accessing or using the Website or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.
13. Contact Us
2. If you have any suggestions for improvements or additions that you would like to see on the Website please email us at firstname.lastname@example.org
3. Our postal address for correspondence is
Jaymac Welders Supermarket, PO Box 7002 New England MSC NSW 2348 Australia