Jaymac International Terms and Conditions

All products and services (herein “goods”) supplied by Jaymac International Pty Ltd (herein “Jaymac”) are subject to the following Standard Trading Terms and Conditions which shall prevail for all dealings between Jaymac and the Company, Directors or entity (herein “Purchaser”) supplied by Jaymac. 1 Price Changes - The Company reserves the right to alter prices without prior notice. 2 Payment - 1 a) Payment of goods shall be strictly COD (cash-on-delivery), unless credit arrangements have been approved prior to dispatch. 2 a) Unless otherwise agreed by Jaymac in writing, Jaymac’s standard terms for payment of credit accounts are NET 15 days payment from each statement date. We do not give credit on the basis that we are paid when your customer is paid. We expect payment by the due date. If there is a problem, we are happy to discuss the matter and rely on you to make contact. All overdue accounts will incur interest charges as deemed necessary by Jaymac to obtain full payment. All debt collection and legal fees will be sought from the purchaser. 3 a) Trading Account may be suspended and placed on a Cash Transactions Only (COD) basis or closed by Jaymac, in the event that any unpaid monies remain outstanding after Jaymac’s due date for receipt of same or if any other of Jaymac’s Standard Trading Terms and Conditions are not observed. 3 Retention of Title - Jaymac offer its goods delivered by Jaymac to the Purchaser under Retention of Title conditions as hereinafter described. The Purchaser by its signature and declaration hereinafter in the document acknowledges its understanding if said conditions as to title and agrees and accepts absolutely and irrevocably to be bound by them as regards to any delivery of goods whatsoever made to it by Jaymac at any time. A. Full legal ownership and title in goods delivered by Jaymac to the Purchaser is only transferred to the purchaser when latter has paid in full ALL MONIES whatsoever due by it to Jaymac, whether original goods supplied under one or more specific Jaymac Invoices or for any and all goods supplied by Jaymac at any time, and until such time as all such monies have been paid in full has the right to call for and recover its goods from the Purchaser (for which purpose Jaymac may enter the purchaser’s premises by its servant or agents) and the Purchaser is obliged and agrees to deliver up the goods without obstruction hindrance or unreasonable delay to Jaymac’s servant of agents. Directors personally and executors or administrators guarantee Jaymac International Pty Ltd the payment of moneys which are now or at any time hereafter may be due by the Debtor to Jaymac International Pty Ltd on any account whatsoever and in particular for credit extended to the Debtor by Jaymac International Pty Ltd for the supply of goods or services and interest and other charges associated therewith. B. Where Jaymac has not been paid pursuant to this agreement or to any other terms of payment in force between Jaymac and the Purchaser and Jaymac delivers the goods to the Purchaser in accordance with this provision, the Purchaser agrees with Jaymac to keep the goods at its own risk as bailie for Jaymac in fiduciary capacity upon trust for Jaymac. C. By the provisions contained herein the parties hereto agree that Jaymac’s action in invoicing and delivery goods against orders placed by the Purchaser do not form any contract of sale, but rather form an agreement by Jaymac to sell goods to the Purchaser only if the latter pays for them in full. 4 Delivery - a). Goods are offered by Jaymac, subject at all times to availability. Jaymac shall not be liable to the Purchaser for unavailable goods or for delays or defaults in the delivery of any orders or any part thereof nor for any direct loss or damage arising. b) All claims for damaged or missing stock must be made within 48 hours from receipt of goods. If any shipment is received in a damaged condition your claim must be noted on the delivery docket before you accept delivery. c) Any items returned for warranty claim must be accompanied with paperwork showing full details of original purchase and other relevant information as per warranty statement to allow processing .d) Cash sales picked up from Jaymac will NOT incur any handling charges. 5 Prices, Freight and Additional Charges a) All prices quoted by Jaymac are NET without any trade settlement or other discounts, rebates or allowances unless prior written acceptance or quotation specifying same by Jaymac. b) Any goods returned for credit must be agreed prior to acceptance by us and must be in new condition with details on the original purchase. A fee of 20% return fee will be charged on the invoice value of returned goods over 30 days old. Jaymac will not incur freight charges. c) Freight or Postage charges will apply automatically to all invoices. d) A $7.50 Statement fee will apply to every Invoice or Statement produced by Jaymac when a Purchaser’s account exceeds the Standard Trading Terms and Conditions. 6 Insurance and Risk - All goods dispatched ex-warehouse by Jaymac are at the Purchaser’s risk in all respects whatsoever after the goods have left Jaymac’s premises. 7 Order - The customer shall, within 48 hours upon receipt of a completed order, report to Jaymac International in writing all incorrect deliveries. Deliveries shall be assumed to be correct and no adjustment shall be made unless such notice is provided to Jaymac International within 48 hours of the date of delivery. 8 Extent of Liability - A) The liability of Jaymac to the Purchaser shall not in any case exceed the purchase price of the goods in respect of which such liability arises and this limitation shall apply to liability howsoever arising in contract or in tort. B) In any case of liability on the part of Jaymac arising from breach of contract Jaymac shall be under no liability for any direct incidental or consequential loss or damage to the Purchaser arising from such breach. 9 Warranty Conditions - Refer to individual product warranty as set out by each product manufacturer.