Terms and Conditions of Sale
These Terms and Conditions of Sale (‘Terms’) apply to all contracts of sale entered into with JE Customs Fabrication Pty Ltd ABN 43 614 056 978. Please read and understand these terms carefully before signing the acknowledgement and agreement.
1. Definitions in these terms and conditions:
a) “ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth)
b) “Contract” means any agreement for the provision of goods or Services by Us to You;
c) “Consumer” is as defined in the ACL
d) “You” or “Customer” means the person, jointly and severally if more than one, Acquiring goods or services from Us;
e) “Goods” means goods supplied by Us to You;
f) “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);
g) “PPSA” means the Personal Property Securities Act 2009 (Cth);
h) “Price” the price for the supply of good or service as confirmed in the quotation;
i) “Services” means services supplied by Us to You;
j) “We”, “Our”, “Us”, “Company” or “JE Customs” means JE Customs Fabrication Pty Ltd ABN: 43 614 056 978
k) “Terms” means these Terms and Conditions of Sale;
l) “Vehicle” means any equipment or vehicle or part of a vehicle provided by you for the purpose of obtaining any Goods or Services;
m) “Works” means the supply of Goods or Services.
2. Application and Acceptance of Terms
2.1 All Goods or Services invoiced are supplied pursuant to these Terms.
2.2 In these Terms, the singular includes the plural and vice versa and reference to one gender includes all other genders as the cause may be.
2.3 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts provision of the Works.
2.4 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
2.5 The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Company to provide Works.
2.6 The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision.
2.7 If any one or more of the provisions contained in these Terms shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of these Terms but these conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
3. Quotes and Orders
3.1 A quotation, tender or price is valid for 14 days but no contractual relationship will arise until the Customer’s order has been accepted by the Company. Acceptance of an order may be given in writing or by supply of the goods that are subject of the order.
3.2 If a specific price has not been given for a job the agreed hourly rate for the Works will be $120.00 per hour plus materials and costs, unless otherwise agreed in writing.
3.3 Except if expressly stated otherwise, the Price (and any other amount payable under these terms) excludes GST and excludes any delivery, which is at your cost and risk.
3.4 All quotations are based on information provided and may be subject to change at the point of further clarification & inspection.
3.5 A 50% deposit is required to confirm booking.
3.6 Special order parts must be paid for in full at time of order and will not be credited if cancelled or returned.
3.7 We do not take any responsibility for incorrect drawings or specifications given to us by the Customer. Please ensure your drawings and specifications are accurate and correct before we make your Products. Any corrections or re-work as result will be at the Customers cost.
3.8 No order accepted by the Company may be cancelled, deferred, or varied by the Customer without the prior written consent of the Company.
4.1 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
4.2 For returns policy please refer to website https://www.jecustomsfab.com/returns-policy
5. Goods and Services
5.1 Subject always to the law, the Company will not be liable for any claims whatsoever unless made in writing within 5 days after delivery.
5.2 Upon delivery, the Customer must satisfy itself as to the fitness of the goods and services for the particular purpose in question. The Customer must not rely on the skill or judgement of the Company, or of any person on the Company’s behalf by whom any antecedent negotiations are conducted, to satisfy itself as to said fitness.
5.3 Custom made products are made to acceptable Company tolerances which vary according to the particular product. We will not be held to any tolerance that you have assumed to exist which was not specified prior to start of works and agreed to in writing by us.
5.4 If you fit products yourself then products fitted incorrectly will not be returned or warranted.
5.5 The Customer acknowledges that the Company is only responsible for parts that are replaced by the Company and that in the event that other components subsequently fail, the Customer agrees to indemnify the Company against any loss or damage to the vehicle, parts, or caused by the components, or any part thereof howsoever arising.
5.6 The Company shall not be liable for the loss of or damage to the vehicle, its accessories or contents while being serviced or being driven in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of the Company or the Company’s employees.
5.7 Variations and additions to an order can only be made if expressly agreed to by JE Customs. There will be an additional charge from the original quote and a new delivery estimate will be given.
5.8 JE Customs can’t agree to cancel an order in respect of goods that are made-to-order or customised.
5.9 Powder coated products are powder coated within tolerances which are to industrial standard which includes allowances for contamination. If you require higher tolerances for the finished product this needs to be requested at time of order and will incur a surcharge.
5.10 Some Products sold may not be legal for use on public roads and are designed for off-road use only
5.11 It is the customer’s responsibility to ensure compliance with their relevant insurer and local regulatory bodies.
5.12 All custom-built products or special orders are not guaranteed or assumed to work with other parts of the vehicle
5.13 An engineer’s certificate may be required and is the responsibility of the customer.
5.14 The Company’s policy is one of continuous development, and the Company therefore reserves the right to improve, change, alter or discontinue specifications without prior notice. All illustrations and samples are intended as approximate representations only and are not binding in detail with regard to finishes, colour, shades, materials, design and other specifications. To the maximum extent permitted by law, the Company accepts no liability whatsoever for any loss or damage (including, without limitation, consequential loss or damage), directly or indirectly, arising out of or in connection with same.
6.1 Any notice required to be sent under these Terms shall be sent or delivered to:
a) the Customer: the social media account or phone number or postal address or email address set out in the Customer Form;
b) the Company: the email address firstname.lastname@example.org;
6.2 or to such other address that a Party may from time to time designate in writing.
6.3 All notices referred to in these Trading Terms or other communications are deemed to have been duly given or made:
a) two (2) Business Days after being deposited in the mail with postage pre-paid;
b) if delivered by mobile, when the message is sent; and
c) if delivered by e-mail, at the time the e-mail is sent.
6.4 These Terms embody the whole Contract between the parties and, subject to the express terms contained in any written order or written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.
7. Force Majure
7.1 Neither party is liable for any loss incurred by the other party as a result of any delay or failure to observe any of these conditions (other than an obligation to pay money) as a result of any circumstance beyond the party’s control, including but not limited to any strike, lock-out, labour dispute, act of God, fire, flood, accidental or malicious damage or breakdown in machinery. The party affected must notify the other party as soon as possible of such circumstance.
8. Governing Law
8.1 These Terms are governed by the laws of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.
8.2 All legal proceedings shall take place in Sydney in the State of New South Wales.
9. Intellectual Property
9.1 You acknowledge JE Customs right, title and interest in all product designs, illustrations, photography, designs, graphics, images, logos, text and other related material to be copyrights, trademarks, registrations and other intellectual property of JE Customs. You must not, without JE Customs prior written consent use, duplicate, reproduce, distribute, display or transmit the material.
9.2 All design work completed by JE Customs on behalf of the customer and to the customer’s specifications and any intellectual property in such works will remain the property of JE Customs unless otherwise agreed in writing
10.1 The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent, and:
10.2 The Company does not warrant the accuracy or quality of the sub-contractor’s work or warrant that any recommendations of the sub-contractor are appropriate or adequate or are fit for their purpose or that they are not given negligently; and
10.3 the Customer shall not make any demand on the Company or commence any legal proceedings against the Company, and the Company shall have no liability, whether in negligence or otherwise, to the Customer in relation to any work performed by the sub-contractor.
11.1 Any date for delivery of goods or provision of services stated by us is an estimate only.
11.2 We will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
If we cannot complete the services by any estimated date, we will complete the services within a reasonable time.
Unless otherwise agreed, you must collect the goods or any Vehicle within 2 days of being advised that they are ready If you do not you will be liable for storage charges payable on demand.
11.3 Upon receipt of the goods, you must immediately inspect the goods to confirm that the goods accord with the order. Within 5 days after receipt of the goods, you must notify JE Customs (in writing) of any claims for faults or short or wrong delivery or for any breach of these terms.
12. Risk and Title
12.1 The Company accepts the risk of loss of, or damage to, the goods only up to the time that the risk passes to the Customer.
12.2 Risk in respect of the goods passes to the Customer at the time the good leaves the possession of the Company.
12.3 Title in and to any goods passes to the Customer when the Company receives payment in full (without deduction and in cleared funds) of the Price of the goods and all monies owing by the Customer to the Company have been paid in full.
12.4 Until the Company receives payment in full for all goods supplied to the Customer, the Customer shall hold the goods as a fiduciary agent and/or bailee of the Company. The Customer must store the goods separately from all other goods and ensure that the goods are clearly identifiable as the Company’s goods.
12.5 The Company may without prejudice to any other rights and without liability to any person in trespass or otherwise enter the premises of the Customer where the goods are located and recover possession of the goods if:
i) payment has not been made for all goods supplied by the Company to the Customer at any time; or
ii) the Customer has a liquidator, provisional liquidator, receiver, receiver and manager, mortgagee’s agent, administrator or deed administrator appointed to it or enters into any scheme of arrangement with its creditors or any other form of insolvency administration or (in the case of an individual) commits an act of bankruptcy.
12.6 If before property in and ownership of the goods passes to the Customer, the Customer sells or otherwise deals with any interest in the goods in any form to a third party (including when the goods have been mixed with other goods by manufacturing or otherwise) the Customer does so solely as a trustee for the Company. The Customer will keep separate and hold on trust for the Company all monies received, and property purchased with such monies from such sale or dealing as relates to the goods. Such part of any monies received (whether the goods have been sold or used in some manufacturing or construction process) that relates to the goods shall equal in dollar terms the total amount owing by the Customer to the Company for the supply of any goods by the Company to the Customer at the time of receipt of such monies.
12.7 The Customer hereby charges all its right, title and interest to and in the Collateral and in the proceeds of sale of the Collateral (as defined in the PPSA) as original collateral, or any of it, in favour of the Company. In addition, Company hereby charges all its right, title and interest to an in any real property it owns and grants a limited power of attorney to each of the directors of the Company to execute such documents so as to give effect to this clause.
13. Personal Property Securities Act (‘PPSA’) Defined terms in this clause have the same meaning as given to them in the PPSA.
13.1 Company and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the Company to claim
i) a Purchase Money Security Interest (“PMSI”) in favour of Company over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms; and
ii) a security interest over the proceeds of sale of the Collateral referred to in 13.1 (i) as original collateral.
13.2 The goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.
13.3 The Proceeds of sale of the Collateral referred to in clause 13.1 (ii) fall within the PPSA classification of “Account”.
13.4 Company and the Customer acknowledge that Company, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to Customer pursuant to these Terms and in the relevant Proceeds.
13.5 To the extent permissible at law, the Customer:
i) waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to Company;
ii) agrees to indemnify Company on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the registration or amendment or discharge of any Financing Statement registered by or on behalf of Company; and the enforcement or attempted enforcement of any Security Interest granted to Company by the Customer;
iii) agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;
13.6 agrees to waive its right to do any of the following under the PPSA:
i) receive notice of removal of an Accession under section 95;
ii) receive notice of an intention to seize Collateral under section 123;
iii) object to the purchase of the Collateral by the Secured Party under section 129;
iv) receive notice of disposal of Collateral under section 130;
v) receive a Statement of Account if there is no disposal under section 132(4);
vi) receive a Statement of Account under section 132(3)
13.7 following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged;
i) receive notice of retention of Collateral under section 135;
ii) redeem the Collateral under section 142; and
iiii) reinstate the Security Agreement under section 143.
13.8 All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.
14.1 If you fail to pay an amount due and owing to JE Customs on the due date for payment, JE Customs may charge interest on the outstanding amount at the penalty rate fixed under section 2 of the Penalty Interest Rates Act 1983 (https://www.netlaw.com.au/calculate.aspx) calculated per month (pro-rated) and the interest is added to the outstanding amount on the first day of each month until the outstanding amount is paid in full.
14.2 If you have an approved trading account with JE Customs and are in default under these terms, all monies payable by you to JE Customs become immediately due and owing.
14.3 If you are in default under these terms, in addition to the amount due and owing, JE Customs may claim all costs associated with collection of that amount, including legal and debt collection fees.
15.1 JE Customs assume no responsibility for the damage caused to vehicles, users and others from the use of JE Customs products.
15.2 You are responsible for all loss, damage or injury to persons or to property arising out of the use, installation or possession of the goods, unless recoverable from us under the ACL.
15.3 Subject to the qualifications contained in the Consumer Guarantee provisions of the Competition and Consumer Act 2010, should the Company be liable for the breach of a condition of warranty mandatorily implied by law its liability for such breach shall be limited to one of the following as determined by the Company.
i) In the case of Goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring similar goods or the payment of having the goods repaired.
ii) In the case of services: the supplying of these services again; or the payment of the cost of having the services supplied again.
15.4 JE Customs liability to any person or entity for loss or damage (consequential or otherwise) caused by or resulting from a failure, defect or deficiency in the goods is limited to the maximum extent permissible by law.
15.5 The Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Price).
15.6 The Customer agrees to hold the Company indemnified against loss, damage or expense arising from any alleged infringements of patent, registered designs or trademarks in relation to the order.
15.7 It is the Customer’s responsibility to ensure that the vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at the Company’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
16.1 JE Customs Fabrication Pty Ltd (ACN: 614 056 978) is committed to protecting your personal information in accordance with the Australian Privacy Principles ("APPs") set out in the Privacy Act 1988 (Cth) ("Act").
16.4 Information we may collect about you in general dealings includes:
i) your name, address and contact details;
ii) Photos of your vehicle;
iii) recordings of your image through the use of security camera systems (All footage captured by surveillance devices is retained for a specific period, after which time it is erased, unless it has been identified and is retained for the purpose of investigating a specific incident)
16.5 Personal information will normally only be collected directly from you when you deal with us by telephone, by correspondence through a letter, e-mail, via our Website, through our social media accounts, through our Customer Form, or through direct face-to-face contact.
16.6 Generally speaking, you are not obliged to provide us with personal information about you. However, failure to do so may mean that we are unable to transact business with you or provide you with an appropriate level of service.
16.7 Personal Information collected by JE Customs is generally held and used as necessary for purposes directly related to its functions and activities including in any of the following ways:
i) to conduct marketing activities including market research, customer profiling, customer insights and targeted marketing activities;
ii) as part of the investigation and analysis of incidents or occurrences (including potential incidents and occurrences) which occur on or at JE Customs;
iii) to investigate, respond to and defend claims made against, or involving, JE Customs;
iv) to contract with individuals (such as verifying your identity or communicating with you); and
v) to enforce a contract or agreement which JE Customs has with you.
vi) Research and develop our services and products
17.0 JE Customs will only disclose your personal information to persons or bodies external to JE Customs where permitted by the Act, including in the following circumstances:
i) where you consent to the disclosure;
ii) to our contractors (for the purpose of the services which they provide) so that we can complete a transaction on your behalf, provide you with a service that you have requested or seek your participation in surveys, questionnaires or requests for feedback;
iii) where required by law, including under an order issued by a court or tribunal; or
17.1 JE Customs has implemented security measures which are designed to provide reasonable protection against the misuse, interference or loss of your personal information and to prevent unauthorised access, modification or disclosure of your personal information. These measures include:
i) login password protocols for all information stored electronically;
ii) secure, access-controlled premises;
iii) limited access locations for information stored as hard copy;
iv) confidentiality provisions in all our employment and service contracts.
17.2 JE Customs takes reasonable steps to ensure that all personal information that it collects or uses is accurate, up to date and complete. You may request access to, and correction of, any of your personal information held by JE Customs, and such access will be provided, and corrections made except where JE Customs refuses such requests in accordance with the APPs. All requests for access and/or correction will be processed within a reasonable time. In some situations, you may be able to access and correct your personal information directly through our Website. Otherwise, please contact us by email, if you want to access or correct your personal information.
17.3 Complaints about a breach of the APPs, by JE Customs, in relation to your personal information, must be made in writing to the email address below. Complaints will be reviewed by JE Customs. A response will usually be provided within 30 days of receipt of the complaint by JE Customs. If, after following the procedure outlined above, you believe that your complaint has not been satisfactorily addressed by JE Customs, you can make a complaint to the Office of the Information Commissioner ("OAIC") at www.oaic.gov.au