Terms & Conditions
Jagar Trading Pty Ltd Terms and Conditions of Sale
- Any order for the purchase of goods placed by a Purchaser will incorporate these Conditions of Sale and any conditions contained in the Purchaser’s order are excluded, unless expressly agreed to in writing by Jagar Trading Pty Ltd (Seller).
- The company reserves the right to vary these terms and conditions at any time by written notice.
- In these Conditions, goods means the goods that the Company proposes to sell or has sold to a Purchaser, being (where relevant) the goods described on the other part of this document, and a reference to goods includes services. The Seller in these conditions means Jagar Trading Pty Ltd. The Purchaser means the person, firm or company to whom the invoice is submitted.
- The Seller is a supplier of shelter products to residential and commercial industries therefore shall not be
regarded as a subcontractor.
2. Governing Law and Jurisdiction
This agreement shall be deemed to be entered into by the parties hereto in the State of Queensland and any action with respect to the terms, conditions and stipulations hereof shall be vested in the jurisdiction of the Courts of the State of Queensland.
The Purchaser acknowledges and declares that he or she has read these terms and conditions and fully understands the same.
- Terms of Trading are strictly full payment before delivery.
- Failure to make payment of any monies owing on the due date will constitute a Breach of Contract and the Seller may treat the whole Contract as repudiated and act accordingly.
Delivery and/or performance of the contract is subject to the ability of the Seller to obtain products from its normal source of supply.
The Seller reserves the right to cancel or postpone delivery due to war, acts of terrorism, strikes, lockouts, unavailability and/or any other causes beyond its reasonable and practicable control.
- Unless otherwise stated in writing, the invoice is delivery on trucks in properly constructed street alongside site as conditions allow. Unloading of trucks is the Purchaser’s responsibility and detention of trucks in excess of half an hour per load will be charged to the Purchaser at the rate ruling at the time.
- In the event of the Seller’s vehicles entering upon any property at the request of the Purchaser, the Seller will not accept responsibility for damage to that property whatsoever.
- Product will be delivered to unattended sites upon the Purchaser’s request only upon the following basis
- products will be unloaded from the delivery vehicle at the location considered by the Seller to be the correct location, and
- once unloaded the materials shall be deemed to have been delivered.
7. Claims for wrongful delivery
The Purchaser agrees to check all materials received against delivery documents immediately upon unloading at destination. No claim for shortages or improper or defective materials will be recognised by the Seller unless notified
within forty-eight (48) hours. Any claim which the Purchaser does not notify within that time (time being of the essence) will be taken to have been absolutely waived.
8. Use of Products
The Seller will not be liable for any claim resulting from the use of the Purchaser of any improper, defective or damaged products and no claim will be allowed on account of any Purchaser for returned materials unless authorised by the Seller.
9. Misuse of Products
The Seller accepts no responsibility for any claim resulting from improper use of the products supplied. The cost involved in rectification of any damage to work either in progress or completed by any other trades will be at the Purchaser’s cost.
10. Errors or Omissions
The Seller has the right to rectify errors or omissions at its own expense within a reasonable time after notification by the Purchaser.
11. Return of Products
Credit for return of products will only be considered if goods are in perfect condition and are returned to the factory accompanied by the original invoice, within 14 calendar days of purchase. Any products which have been tampered
with cannot be returned for credit. Any products which, by agreement with the Seller, are returned for credit must meet all requirements and terms of the Refund Policy.
- The only conditions and warranties which are binding on the Seller in respect of the state, quality or condition of any goods and/or services supplied by it to the Buyer are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010). The liability, if any, of the Seller arising from the breach of such conditions and warranties will, in the case of terms applying to the provision of goods and services not of a kind ordinarily acquired for personal, domestic or household use or consumption, at the Seller’s option, be limited to and completely discharged by either the replacement or the repair by the Seller of the Goods and/or resupply of products supplied to the Purchaser or payment of the cost of the same and otherwise, to the maximum extent
permitted by law. Otherwise all other conditions and warranties whether express or implied or applied by law in respect of the Goods which may apart from this clause be binding on the Seller are expressly excluded and
- Except to the extent provided immediately above, the Seller will have no liability (including liability in negligence) to any person for any loss or damage consequentially or otherwise however suffered or incurred by any other person caused by or resulting directly or indirectly from any failure, breakdown, defect or deficiency of whatsoever nature or kind of the Goods and/or Services.
15. Risk and Property
Risk in the goods passes to the Purchaser once the goods leave the Sellers factory or when the Purchaser
collects the goods or arranges for their collection from the Seller then delivery will be deemed to occur on
collection of the goods from the Seller directly by the Purchaser or the Purchasers arranged freight provider.