1. General

1.1     All orders placed with Jantex Industries Pty Ltd shall only be accepted subject to these Terms and Conditions and Jantex Industries Pty Ltd may at any time and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply after notification by Jantex Industries Pty Ltd to the customer.

1.2     A binding contract for the sale of goods shall be deemed to come into existence when an offer to purchase goods from Jantex Industries Pty Ltd has made by the buyer and subsequently accepted by Jantex Industries Pty Ltd sending to the buyer an Order Acknowledgement Form and/or delivering the goods to the buyer.

2. Payment

2.1  Payment in full for the goods invoiced to the Buyer shall be made to Jantex Industries Pty Ltd not later than 30 days following the date of invoice.

2.2   If the customer fails to make payment in accordance with clause 2.1 Jantex Industries Pty Ltd shall be entitled to:

a)   Charge default interest at the rate of 15% per annum on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid such interest to be completed from the due date for payment AND the parties agree that such default interest is not a penalty but is a true measure of damages incurred by Jantex Industries Pty Ltd. Payments received from the customer will be credited first against any default interest and all such charges shall be payable on demand.

b)   Claim from the customer all costs relating to any action taken by Jantex Industries Pty Ltd to recover monies or goods due from the customer including any legal cost and disbursements on a solicitor-client basis and

c)   Cease any further deliveries to the customers and to terminate any agreement in relation to products that have not been delivered.

d)   In the event of the Customer being in default of its obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection the Customer shall be liable for the recovery costs incurred and if the agency charges commission on a contingency basis the Customer shall be liable to pay as a liquidated debt, the commission payable by the supplier to the agency, fixed at the rate charged by the agency from time to time as if the agency has achieved one hundred per cent recovery and in the event where the Supplier or the Supplier’s agency refers the overdue account to a lawyer the Customer shall also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on an indemnity basis”.

2.3     If payment of the full amount due under any invoice is not made within the time allowed for payment Jantex Industries Pty Ltd shall be entitled to:

a)   require payment of cash in advance in respect of undelivered goods: or

b)   refuse to make delivery of any undelivered goods where ordered

under the contract or between Jantex Industries Pty Ltd and the buyer without incurring any liability whatever to the buyer for non delivery or any delay in delivery.

3. Delivery         

3.1 Unless otherwise specified the Goods will be delivered carriage paid by any method of delivery chosen by Jantex Industries Pty Ltd.

3.2   Delivery of the goods shall be at the delivery address specified on the Order Acknowledgement Form or if not so specified the Buyer's premises.

3.3   Should the buyer or its servants or agents refuse to accept delivery of the Goods Jantex Industries Pty Ltd reserves the right to charge a handling and administration fee of $50.00 + GST per consignment each time a consignment is refused.

4. Property and Risk

4.1   The risk and the responsibility in and for the Goods shall pass to the buyer when Jantex Industries Pty Ltd delivers the goods in accordance with those term and conditions.

4.2  Not withstanding delivery of the product property in any given product shall remain with Jantex Industries Pty Ltd until the customer has paid and discharged any and all other indebtedness to Jantex Industries Pty Ltd on any account whatsoever. Any payment made by or on behalf of a customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the customer's indebtedness and in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.

4.3   The customer hereby irrevocably grants to Jantex Industries Pty Ltd it's agents and servants an unrestricted licence, without notice to enter premises occupied by the customer to identify and remove any of the products the property of Jantex Industries Pty Ltd in accordance with the Terms and Conditions of Sale without in any way being liable to the customer or any person claiming through the customer. Jantex Industries Pty Ltd shall have the right to sell or dispose of any such products removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby.

4.4   The liability of Jantex Industries Pty Ltd for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) is limited to: a In the case of goods, to one or more of the following: i. the replacement of the goods; or ii. the supply of equivalent goods; or iii. the repair of the goods; or iv. the payment of the cost of replacing the goods or of acquiring equivalent goods; or v. the payment of the costs of having the goods repaired.

4.5   Returns of goods must be made within ten (10) days of delivery of the goods. In the event that goods are returned to Jantex Industries Pty Ltd in accordance with Clause 4.4 or 4.5, the sales invoice showing the goods purchased, the date of purchase and invoice number should be returned to Jantex Industries Pty Ltd with the goods. Returns made where the fault does not lie with Jantex Industries Pty Ltd will attract a 15% restocking fee.

5. Force Majeure

5.1   Jantex Industries Pty Ltd shall not be liable for any failure or delay in supply or delivery of the products where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Jantex Industries Pty Ltd including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention transport delays, fine, act of god, breakdown of plant, shortage of supplies of labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

6. Governing Law

6.1   The customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as Jantex Industries Pty Ltd may in it’s sole discretion determine.  Proceedings may be instituted in such State or Territory as Jantex Industries Pty Ltd may in it’s sole discretion determine.  Failing such determination the customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales.