Terms and Conditions
1. APPLICATION
1.1 These Terms and Conditions of Sale (“Terms”) apply to all goods sold by Jireh Technologies (“Business”).“Goods” means all
goods sold and/or delivered by the Business to the Customer from time to time.
1.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Business unless confirmed by the
Business in writing.
1.3 The Customer acknowledges that no employee or agent of the Business has any right to make any representation, warranty or
promise in relation to the Goods or the sale of the Goods other than as contained in these terms.
2. TERMS OF PAYMENT
2.1 Prices are subject to change without notice.
2.2 Payments are to be made direct to the Business, strictly net, without any deduction or discount other than stated herein or in the
relevant invoice or statement.
2.3 Payments are to be made within thirty (30) days (Cash on delivery – 7 Days) of the date of invoice unless a credit application has
been submitted by the Customer and approved by the Business.
2.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 2% per month as from the due date for
payment until payment isreceived by the Business.
3. PROPERTY OF GOODS
Legal and beneficial ownership of Goods supplied by the Business will not pass to the Customer until such time as the goods so
supplied and all other goods supplied by the Business to the Customer from time to time, have been paid in full in cash or cleared
funds.
4. RE-SALE OF OF GOODS
4.1 Should the Customer be a re-seller then, subject to clause 4.2.4, the Customer has the right to sell the Goods in its own name at
full market value and in the ordinary course of business.
4.2 Until the amount payable to the Business in respect to the Goods, and in respect of all other Goods previously supplied by the
Business to the Customer, has been paid in full in cash or cleared funds:
4.2.1 the Customer will hold the goods only as bailee for the Business.
4.2.2 the Goods must be stored in such manner that they are readily distinguishable from other goods owned by the Customer or
other persons and so as to clearly show that they are the property of the Business.
4.2.3 the Customer must indemnify the Business from and against any claim, action, proceeding, damage, loss, cost, expense or
liability incurred or suffered by the Business arising out of the possession, use or disposal of the Goods by the Customer or
repossession or attempted repossession of them by the Customer; and
4.2.4 any sale of the Goods under clause 4.1 will only be effected by the Customer as trustee for the business and the proceeds
of such sale and the rights of the Business' Customer against its Customer arising from such sale will be held in trust for the
Business. The said proceeds must be held in a separate account or otherwise clearly identified in the books and records of
the Customer.
5. SALES TAX AND GOODS AND SERVICES TAX
5.1 Sales tax and Goods and Services tax (“GST”) are not included in the quoted price.
5.2 Unless the Customer produces a Sales Tax Exemption Certificate applicable to the Goods and quotes its Sales Tax Exemption
Number, the Customer must pay all sales tax payable for the Goods at the date of invoice.
5.3 If GST is imposed on the Business in respect of the Goods, the Customer must pay to the Business the amount of such GST in
addition to the quoted price.
5.4 The Business must give the Customer written notice of the amount of any GST payable under this clause within a reasonable time.
6. CANCELLATION OF ORDER
Subject to the quality assurance guarantee on the front page of this order, no order may be cancelled, modified or deferred without
the prior written consent of the Business (which is at the Business' sole discretion) and if such consent is given, it is at the Business’
election, subject to the Business being reimbursed all losses, including loss of profits, and paid a cancellation and restocking fee
(being not less than 10% of the invoice value of the Goods) and freight to and from the Customer and the Business.
7. BUSINESS’ LIABILITY LIMITED
7.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act (1974).
7.2 The Business is not subject to, and the Customer releases the Business from any liablility (including but not limited to
consequential loss or damage, removal costs or re-installation costs or liablilty for loss of use or profit) because of any delay in
delivery or fault or defect in the Goods.
7.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute(s) apply to the Agreement then, to the extent
to which the Business is entitled to do so, the Business’ liability under the statutory provisions is limited by the Business’ option to:
7.3.1 replacement of the Goods or the supply of equivalent Goods; or
7.3.2 payment of the cost of replacing the Goods or of acquiring equivalent goods, and in either case, the Business will not be
liable for any consequential or other direct or indirect loss or damage.
8. WARRANTY
8.1 The Business warrants to the Customer that the Goods supplied hereunder will be free from defects in material and workmanship.
8.2 On discovery of any defect in the Goods, the Customer must notify the Business in writing of such defect. All warranty claims
must be received by the Business within thirty (30) days of the day of delivery.
8.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and
warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the agreement between
the Business and the Customer in relation to the Goods (the “Agreement”) are hereby expressly negated and excluded to the
full extent permitted by law.
8.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Business is not liable for any advice given
by the Business, its servants, agents, representatives or employees in relation to the suitability for any purposes of the Goods.