TERMS & CONDITION
TERMS AND CONDITIONS OF TRADE IN AUSTRALIA
These Terms and Conditions apply to all purchase of goods by the Customer from the Company (including any purchase to which a quotation relates) and supersede any previous Terms and Conditions applying between the Company and the Customer. These Terms and Conditions prevail over any Customer’s terms of trade so that any sale by the Company is on these Terms and Conditions only.
Notwithstanding the above, the Company may change these Terms and Conditions at its own discretion and such amended Terms and Conditions will be posted on the Company’s website and will apply to all Goods ordered by the Buyer from the date of such notice.
'Company’ means JKT Technology (Trading As) ABN 84 976 613 013.
‘Customer’ means the purchaser of any specified products from the Company.
‘GST’ means Goods and Services Tax in Australia as determined in accordance with the GST Act.
If the Customer has agreed, either electronically or via other forms (including any purchase to which a quotation relates), to the purchase of the specified product(s) from the Company, then these terms and conditions contained herein shall apply to the sale of the product(s), irrespective of whether the Customer accepts these Terms & Conditions of Sale by a written acknowledgement, by implication, or by acceptance of goods hereunder.
Any term or condition on any order or other document submitted by Customer shall be of no force or effect whatsoever and the Company specifically rejects any different or additional terms and conditions proposed by Customer.
Prices shall be the price in effect on the date the Customer's order is shipped by the Company. The Company reserves the right to accept or decline any order, in whole or in part.
The Company reserves the right to correct pricing errors at any time. In the event a pricing error is discovered, the Company will attempt to notify the Customer as soon as possible about the error and, if the Customer decides against the purchase, the Company will process a credit for the item or items in question.
Prices do not include freight or insurance, unless explicitly mentioned.
All prices are inclusive of GST unless explicitly mentioned. All Goods sold are subject to GST which will be added to the price of the Goods and any additional charges.
All applicable sales and/or use taxes, duties and other imposts, if any, due on account of purchases hereunder shall be paid by Customer.
TITLE AND DELIVERY
To the extent permitted by law, title and risk of loss will pass to the Customer upon shipment from the Company’s shipping location. The Company will replace products returned due to damage in transit or that is lost in transit.
Any claims by the Customer for shortages, incorrectly supplied or transit damaged products must be filed by the Customer, and received by the Company, within five (5) days of receipt of the products by the Customer.
The Company shall use reasonable efforts to hold stock or have immediate access to the goods available for sale on-line. However the availability of goods may change from time to time as unforseen supply problems or unexpected demand may occasionally result in stock being unavailable. The Company is not liable for any loss or damages whatsoever arising from failure to deliver or delay in delivery of any product.
WARRANTY AND LIABILITY
The Company agrees to repair or replace the products purchased by the Customer for faulty workmanship, design, workmanship or materials within a six (6) months period from the receipt of the products by the Customer.
The above exclude claims for or damage resulting from: inclement weather, fire, explosion, act of God or other like cause; unauthorised alterations, additions or tampering of the Goods, loose plugs or leads not hardwired, other events beyond control of the Company and use beyond specification or design.
The faulty goods must be advised by phone, fax or email within the six (6) months period from the receipt of the products by the Customer otherwise the claim will not be investigated or accepted.
The Customer must make payment in full to the Company prior to shipment from the Company’s shipping location.
Title to the goods does not pass until payment in full has been received by the Company.
(a) The Customer acknowledges that products often contain not only hardware but also software. Software may be provided on separate media, such as CD-ROM or may be included within the hardware. Such software is proprietary, is copyrighted, and may also contain valuable trade secrets and is protected by patents. The Customer, as an end user, is licensed to use any software contained in such product(s), subject to the terms of the license accompanying the product, if any, and the applicable patent, trademark, copyright, and other intellectual property, federal and state laws of Australia.
(b) Unless the Customer has obtained the Company’s prior written consent, the Customer, in addition to any obligations or restrictions set forth in any license which may accompany a product, shall not copy the software, except to backup or for archival purposes, and the Customer shall promptly affix to any such copy the same proprietary and copyright notices as were affixed to the original. The Customer shall not dissemble, decompile, reverse engineer, copy, modify, prepare derivative works thereof, or otherwise change any of the software or its form.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST BUSINESS PROFITS OR REVENUE. DIRECT DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE LESSER OF A) THE AMOUNT OF GOODS PURCHASED ON A SINGLE OR, B) $1,000. This limitation is a critical element of the parties bargained-for consideration and will be effective even if the Company is informed in advance of the possibility of such damages.
AUSTRALIAN CONSUMER LAW
Our goods come with guarantees that cannot be excluded under Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
These Terms and Conditions contain all the agreements, warranties, understandings, conditions, covenants, and representations made between the Customer and the Company. Neither the Customer or the Company shall be liable for, any agreements, warranties, understandings, conditions, covenants, or representations that are not expressly set forth in these Terms and Conditions.