Terms & Conditions
The following Terms and Conditions of Sale shall apply to all sales made by Jabac Connections to a buyer of Suppliers goods and every agreement or other undertaking by Supplier is expressly conditioned in Purchasers assent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not place orders using this website. Our Terms and Conditions are subject to change at any time without notice. Your continued use of this Site shall be deemed acceptance of these terms and any subsequent changes.
Acceptance of Orders
A quotation or tender addressed to Purchaser from Supplier does not constitute an offer to sell, and in no circumstances shall any contract arise unless and until the Purchaser submits an order to Supplier, and Supplier issues a written acknowledgment of the order to the Purchaser.
All prices are subject to change without notice at any time and may not be without error. Purchaser will be notified if price change affects their order.
Delivery of the goods will be made to purchaser’s nominated address. Delivery to the nominated address is deemed to be delivery to the customer. The times quoted for delivery are estimates only and seller accepts no liability for the failure or delay in delivery of goods. The customer is not relieved of any obligation to accept or pay for goods by reason of any delay in delivery. Goods may be delivered in installments at the discretion of the supplier. Additional charges such as freight are payable by the customer in addition to the purchase price of the goods.
Orders can only be placed by people legally able to engage in a contract. Unless otherwise stated in writing, payment of goods and any additional charges such as freight are due at time of order. In the event of not receiving payment, the order placed by the purchaser will be cancelled and goods will not be supplied. All orders are subject to the Australian Goods and Services Tax.
In the absence of an appropriate written notice with full particulars of any deficiency in the quality or quantity of the goods, sent to Supplier after Purchaser’s inspection of the goods, Purchaser shall be conclusively deemed to have inspected and accepted the goods within thirty (30) days after receipt. Purchaser may not return any goods, under warranty claim or otherwise, without first reporting to Supplier the reasons for such return and first obtaining and then observing such reasonable instructions as Supplier may give in authorizing any return. In the event Purchaser desires to cancel an order, Supplier may accept such cancellation in its sole discretion, however such cancellation, modification, or suspension of order will not be accepted on terms that will not fully indemnify Supplier against its loss, including recovery of all direct costs incurred, including normal indirect and overhead charges.
Supplier warrants that all goods will be free from defects in materials and workmanship for a period of six (6) months for non-assembled goods and twelve (12) months for assembled goods at the time of delivery by Supplier (“Limited Warranty”).
The Limited Warranty does not apply if (1) the defect is the result of use or handling of the goods in a manner, circumstances or purposes other than those approved or instructed by Supplier; or (2) the goods are misused or abused or there is evidence of tampering, mishandling, neglect, accidental damages, modification or repair without the approval of Supplier.
THE LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF SUPPLIER FOR LOSSES, EXPENSES, INCONVENIENCES OR DAMAGES (WHETHER SPECIAL, INDIRECT, SECONDARY, OR CONSEQUENTIAL) ARISING FROM OWNERSHIP OR USE OF THE GOODS. REPAIR, REPLACEMENT, OR CREDIT (AT SUPPLIER’S OPTION) UPON RETURN OF THE GOODS IS PURCHASER’S SOLE REMEDY FOR ANY SUCH LOSSES, EXPENSES, INCONVENIENCES OR DAMAGES. PURCHASER HEREBY WAIVES ANY RIGHTS THAT IT MIGHT OTHERWISE BE ENTITLED TO IN CONNECTION WITH THE MATTERS COVERED IN THIS PARAGRAPH.
No Consequential Damages
Under no circumstances whatsoever shall Supplier and Purchaser be liable to each other for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability.
The invalidity or unenforceability (in whole or in part) of any provision, term or condition hereof, will not affect in any way the validity and enforceability of the remainder of such provision, term or condition, or any other provision, term or condition.
These Terms and Conditions may not be modified, terminated or repudiated, in whole or in part, except in a writing executed by the authorized representatives of Supplier and Purchaser. Supplier may, at its sole option, treat any attempted modification, termination, or repudiation to which it does not assent in writing, as a breach of these Terms and Conditions.
Upon any breach by Purchaser, or failure by Purchaser to comply with any of these Terms and Conditions, or if Purchaser becomes unable to conduct its normal business operations (including inability to meet its obligations as they mature), or if Purchaser becomes the subject of any proceeding under any state or federal bankruptcy law or other law, or makes any assignment for the benefit of creditors, Supplier will have the right to immediately cancel or terminate any and all agreements with or obligations to Purchaser relating to sales of the goods, in whole or in such part, which may result in the non-shipment or cancellation of Purchaser’s pending or future order(s) and/or termination of Purchaser’s relationship with Supplier, and to recover from Purchaser damages for breach (excluding consequential damages) and any unpaid installments due shall become immediately due and payable. All remedies in these Terms and Conditions will be cumulative, and not alternative or exclusive, and will be in addition to all other rights and remedies provided by applicable law. The exercise or failure to exercise any remedy by Supplier will not preclude the exercise of the same or other remedies under these Terms and Conditions.
Supplier will not be deemed to have waived any provision of these Terms and Conditions or any breach by Purchaser of any provision hereof, unless specifically set forth in writing and executed by an authorized representative of Supplier. No such waiver by Supplier will constitute a waiver of such provision or breach on any other
Supplier shall not be responsible for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, terrorist actions, acts of God, shortages of materials, transportation delays, fires, floods, labor disturbances, riots or wars.
These Terms and Conditions, and the transactions contemplated hereby, will be governed by, construed and interpreted in accordance with the substantive laws of the Victoria (excluding the Convention on Contracts for the International Sale of Goods) without regard to its conflict of laws rules.
These Terms and Conditions, together with any quotation, order acceptance, or invoice subject to these Terms and Conditions constitute the entire agreement and understanding of Supplier and Purchaser. Supplier assumes no liability except as expressly provided in these Terms and Conditions.
Jabac Connections in based in Melbourne, in the state of Victoria, Australia. We operate within the normal laws of commerce under Australian Business Law. Any disputes will be held under Victorian law in a Victorian Court of Law.
The name of the company that shows on the Invoice/Receipt is Ropeway Project Management Pty Ltd. Trading as Jabac Connections. ABN 98 060 608 871 Last updated 02nd Mar 2017