1. Sole Terms
These Terms and Conditions apply to all transactions between the customer (Customer) and AJ & AJ Pty Ltd ABN 41614147689 (the Company), including all quotations, offers and orders in relation to the products manufactured and sold by the Company (Goods).
These Terms and Conditions will prevail over all conditions of the Customer to the extent of any inconsistency unless varied in writing by the Company. Any brochures produced are subject to these terms.
2. Prices
The price at which the Goods will be invoiced to the Customer will be based upon the published prices of the Company current at the time of invoicing.
The Company has the right to vary prices by giving written notice to the Customer. Such variation will operate from the date of receipt by the Customer of particulars of the increase.
All prices are in Australian dollars, excluding GST.
3. Orders and Quotations
A quotation given by the Company (Quotation) is valid for 30 days or such other period as stated in that Quotation.
A Quotation is not to be construed as an obligation on the part of the Company to sell but merely an invitation to treat and no contractual relationship will arise until the order has been received from the Customer and an order acknowledgement communicated by the Company to the Customer.
Prices specified in a Quotation are subject to alteration without notice and are provided on a supply only basis unless otherwise stated.
4. Delivery
While, the Company will endeavour to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Customer to claim for any consequential loss or damages or to cancel, rescind or terminate the agreement.
Should circumstances beyond the control of the Company to prevent or hinder delivery, the Company will be free from any obligation to deliver Goods while such circumstances continue. For as long as such circumstances exist, the Company may, at his option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased.
5. Inspection and Rejection
The Customer must inspect the Goods on delivery.
Any claims that the Goods are faulty must be made to the Company in writing within ten (10) business days of delivery and must be supported by a copy of the invoice, full details of the reason for the claim and, where appropriate, the return of the Goods.
If a claim is not made within ten (10) business days of delivery, the Goods are deemed accepted by the Customer and cannot be rejected. The Customer will not carry out any remedial work to the alleged defective Goods without first obtaining the written consent of the Company to do so.
7. Return of Goods
The Company will accept Goods returned by the Customer (Returned Goods) subject to:
• the Customer returning the Returned Goods no later than thirty (30) days from the date of invoice,
• the Returned Goods must not be Goods specially made, modified or imported for the Customer, and
• the Returned Goods must not have been altered, used or damaged by the Customer.
Subject to the above, the Company will refund the purchase price at which the Returned Goods were invoiced to the Customer. Transport costs are the responsibility of the Customer unless otherwise agreed by the Company. If not prepaid by the Customer, they will be deducted from any credit.
8. Due to Choice
The Customer may return the goods ‘due to change of mind’ within ten (10) days of delivery. All not required goods’ must be in a re-sellable condition, including the original packaging. A 20% re-stocking fee will apply unless another Order, to the same value or more, is placed in lieu of this re-stocking fee.
9. Risk
Subject to the terms of this clause 8, risk in the Goods will pass to the Customer upon delivery of the Goods to the Customer in accordance with these Terms and Conditions.
If delivery of the Goods is delayed upon a request by the Customer, or where such delay is caused by the Customer, risk passes to the Customer upon the Goods being made available for collection by the Company or freight forwarder (as the case may be).
In the event that the Customer is in default in taking delivery, the risk of accidental destruction or deterioration of the Goods passes to the Customer at the time the Customer is in default. Subject to clause 8, where, in accordance with these Terms and Conditions, the Company accepts return of any Goods, risk in those Goods will revert to the Company upon delivery of the Goods. caused to the property or by it.
10. Retention of Title
Notwithstanding that risk passes to the Customer under clause 8, until the Customer has affected full payment for the Goods and any other Goods previously supplied by the Company.
• legal title to the Goods will remain with the Company;
• the risk in the Goods will pass to the Customer on delivery to the Customer or its agent;
• the relationship between the Company and the Customer will be a fiduciary relationship.
• the Customer will hold the Goods as bailee for the Company, keep these Goods separate from other goods, and able the Goods so that they are identifiable as the goods of the Company;
The Customer may not assert or exercise any right of set-off against monies payable by the Customer to the Company under these Terms and Conditions.
11. Payment
Unless otherwise agreed by the parties in writing, the Customer will pay the full price of each order to the Company on or before thirty (30) days from end of month after the date of issue of the invoice (Due Date).
12. Good and Services Tax
If GST is imposed on a Taxable Supply made by the Company to the Customer under or in connection with these Terms and Conditions the price of the Taxable Supply shall be equal to the GST-exclusive consideration that the Customer must pay to the Company for the Taxable Supply under this Agreement increased by an amount (the GST Amount) equal to the amount of GST payable by the Company on that Taxable Supply; and the GST Amount is, subject to the Company issuing a Tax Invoice to the Customer, payable at the same time and in the same manner as the consideration to which it relates.
In this clause GST means the goods and services tax or similar value added tax levied or imposed in Australia under the GST Act and includes any replacement or subsequent similar tax; GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth); Taxable Supply has the same meaning as in the GST Act; Tax Invoice has the same meaning as in the GST Act.
13. Advice and Information
Any advice, recommendation, information, assistance or service given by the Company in relation to Goods sold or manufactured or its use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. The Company does not accept any liability or responsibility for any loss suffered by the Customer’s reliance on such advice, recommendation, information, assistance or service. Any and all statements made by the Company as to the weight, length, quantity, dimension or performance characteristics of the Goods are approximate and should be construed as such by the Customer.
14. Limitation of liability
To the extent permitted by law, the Company excludes all terms, conditions, warranties, undertakings, inducements or representations relating in any way to the Goods not contained in these Terms and Conditions.
The Company shall not be liable to the Customer in any circumstances for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, loss of contracts with third parties, goodwill or any type of special, indirect or consequential loss whether suffered by the Customer or by any third party and whether or not the Company was aware that such loss was possible or such loss was otherwise foreseeable, whether such loss arises from the use of the Goods or the failure by the Company to observe and fulfil its obligations under these Terms and Conditions or otherwise.
To the extent permitted by law, the Company’s liability for any breach of a condition or warranty implied by the Trade Practices Act 1974 (and which cannot be excluded) shall be limited to any one or more of the following (as determined by the Company in his absolute discretion):
• replacing the Goods or supplying equivalent goods: or
• repairing the Goods: or
• paying the cost of replacing the Goods or acquiring equivalent goods: or
• paying the cost of repairing the Goods.
Without limiting the generality of the foregoing, the Company is not liable to the Customer or any other person for any consequential or other loss caused by the Company’s failure to perform its obligations under these Terms and Conditions of Sale if such failure is caused by anything beyond the Company’s reasonable control including, but not limited to, war, act of God, strike, lock out, shortened hours of labour, transport delays, inability to obtain supplies, accidents, destruction of or damage to offices or factories, interference by any government or other authority, fire, flood, tempest, or breakdown in machinery (including computer equipment).
15. Law and Jurisdiction
These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that State.
16. Severance
If any clause or part of a clause of these Terms and Conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed from these Terms and Conditions and of no force and effect but all other clauses and parts of clauses of these Terms and Conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable and no clause or part of a clause of these Terms and Conditions will be construed to be dependent upon any other clause or part of a clause unless so expressed.
17. Assignment
The Customer may not directly or indirectly (including by way of sub-contract, security, reconstruction or amalgamation) assign, transfer or otherwise dispose of any of its rights under or interest in, or any of its obligations or liabilities under, or in connection with, or arising out of, any of these Terms and Conditions, except with the prior written consent of the Company. The Company may at any time assign, licence or novate any of its rights under or interest in, or any of its obligations or liabilities under, or in connection with, or arising out of, these Terms and Conditions.
18. 3-Year Limited Warranty
What is Covered:
This warranty covers any defects in material or workmanship for a period of three (3) years from the date of purchase, exclusively on the main steel bollard.
What is Not Covered:
- This warranty does not cover the MR16 bulb or MR16 holder, as these components are subject to normal wear and tear and have a separate replacement policy.
- Damage caused by misuse, improper installation, or modifications made by the customer.
- Damage due to extreme weather conditions, accidents, or acts of nature.
How to Claim the Warranty:
To initiate a warranty claim, please contact our customer service team with your purchase receipt and details of the defect. We will assess your claim and determine if the product is eligible for warranty service.
Limitation of Liability:
Our liability is limited to the replacement or repair of the defective bollard light, and we shall not be liable for any incidental or consequential damages.
Complimentary LED Globes supplied in Garden Lights have a 12-month replacement warranty.