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Terms and Conditions of Sales

INTERPRETATION:

The Company means Jovictrading; The Purchaser means the person or company named in the invoice.

GENERAL
The Company is only bound to the Terms and Conditions set forth herein or otherwise agreed to in writing by the Company and those, if any, which are imposed, and which cannot be excluded by law. These Terms and Conditions of Sale are deemed to be incorporated in any contract for sales of goods entered into by the Company from an order received from the Purchaser and any other terms of the Purchaser (whether upon the Purchaser's order or elsewhere) which are contrary to or inconsistent with the terms herein shall not apply nor shall they constitute a counteroffer. By receiving delivery of all or a portion of the goods, the Purchaser shall be deemed to have accepted these Terms and Conditions of Sale and to have agreed that they shall apply to the exclusion of all others.

We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

TRADING TERMS
The full Payment is due strictly upfront and is payable by credit card or direct deposit unless otherwise agreed to in writing by the Company. If you choose to pay via Direct Deposit you will need to proceed with a direct deposit or Electronic Funds Transfer (EFT) to our account which we will supply you. Once payment has been made from your end, you will then need to email or contact us to confirm payment has been processed. Once your payment is showing as cleared funds in our account, we will dispatch the goods promptly.

If the company allows you to open a trading account (must be agreed to in writing by the Company), The Company reserves the right to close the account or withhold further supply of goods to any Purchaser who fails to pay within the agreed period without prior notice. The Company reserves the right to charge interest at a rate equivalent to 2% in excess of trading terms as shall be charged from time to time to the company by its bankers for overdraft accommodation on overdue accounts.

MINIMUM ORDER QUANTITIES
The minimum order value is $500.00 net (pre-GST). The Company reserves the right not to accept orders less than the minimum order value.

STOCK AVAILABILITY
Unless specifically marked on purchase order "Do Not Back Order", any order that cannot be fulfilled on its receipt will be automatically back ordered and processed when stock becomes available.

DELIVERY CONDITIONS
Prices are ex Warehouse. In all other circumstances it shall be F.O.B where the Company will utilise the services of its own appointed carriers (at the least expensive freight) unless specified otherwise. Unless otherwise agreed with Management of Jovic Trading all Delivery charges will be passed onto customers. Prices will be charged as quoted by local carriers.

Jovic Trading's responsibility is to produce our products to a satisfactory standard & dispatch to the supplied address. Once dispatched, Jovic Trading takes no responsibility in any circumstances for late, incorrect or non-delivery of any goods.

PROPERTY/RETENTION OF TITLE
The absolute property in all goods sold by the Company to the Purchaser shall remain with the Company until all debts in respect of the goods are paid in full; all risks in goods passes to the Purchaser upon delivery. The Purchaser shall be responsible for and shall indemnify the Company for loss of or damage to the goods from the time of delivery until paid for in full. Until property of the goods is passed to the Purchaser, the goods shall be held by the Purchaser as fiduciary agent for the Company but may in the ordinary course of business, sell the goods. All proceeds received by the Purchaser as a result from the sales of the goods shall be held separately by the Purchaser and immediately applied in payment to the Company.

PRICE ALTERATIONS
Prices are subject to change without prior notice and all goods will be invoiced at prices ruling at the date on which the order is received. This price list supersedes all previous price lists.

GUARANTEE
All guarantees expressed or implied will cover only those products affected by faulty material or workmanship. Any article claimed to be faulty will be credited, repaired or replaced should the Company's examination reveal a defect through either faulty material or workmanship.The Company however, assumes no liability under this guarantee for: misuse, abuse, accidental or intentional damage, failure tofollow fitting instructions, failure due to improper maintenance, unauthorised repair or modifications, indirect or consequential loss or damage, cost of removal and/or replacement, cost of freight and/or travelling time, and the plated finishes Florentine Bronze, Antique Brass, Polished Brass and Satin Chrome (soft finishes) as deterioration is possible under some climatic conditions. All implied conditions, warranties and undertakings other than those implied by Part V of the Trade Practices Act are expressly excluded. Where the goods are of a kind other than goods ordinarily acquired for personal, domestic or household use, the Company's liability for breach of a condition term or warranty implied by Part V of the Trade Practices Act (1974) is limited, at its option, to any one or more of the following: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the repayment of the cost of replacing the goods or acquiring equivalent goods, but excluding the cost of fitting those goods; (iv) the payment of the reasonable cost of having the goods repaired. The Purchaser expressly acknowledges and agrees; (i) that the Company is not liable for any advice given by its agents or employees in relation to the suitability for purpose of goods or materials supplied by the Company and all such advice relied upon is at the Purchaser's own risk; (ii) that the warranty above applies only within the Commonwealth of Australia.

RETURNED GOODS
No goods will be accepted for return without prior approval from the Company; all claims for returns must be made within 7 days of receipt of delivery. Agreed returns must be returned carrier-paid to the Company in resaleable quality. Goods returned in unresaleable condition cannot be accepted for credit and will be returned to the sender "freight on". Credit will be issued on the basis of inspection and acceptance by the Company at purchased price or current price (whichever is lower). The Company reserves the right to impose a handling charge on goods returned. For incorrectly supplied goods, claims must be made to the Company within 7 days of delivery. Claims over 7 days will not be recognised.

Where the price quoted does not include insurance and transportation and the Purchaser makes his/her own arrangements in this regard all the Company's goods are sent to the Purchaser at the Purchaser's own risk. Risk shall pass to the Purchaser when the order is loaded onto the Purchaser's or carrier's transport or otherwise collected by or on behalf of the Purchaser or (if the Company agrees to deliver them using its own transport) they are off-loaded at their destination. The Company takes all reasonable care and precautions in packaging the goods and therefore cannot accept responsibility for damage or delay during transit unless it has failed to take such reasonable care. It is the Purchaser's responsibility to arrange insurance cover for the full replacement value against all risks prudently insured against between risk and property passing unless otherwise agreed in writing between the two parties.

CANCELLATIONS
Cancellations of orders shall not be accepted by the Company unless accompanied by a written consent prior to placing order and unless a cancellation charge has been paid for. Without prejudice to any other rights the Company may have, the Purchaser may indemnify the Company for any loss, damage or expenses incurred by the Company within 7 days of delivery. Claims over 7 days will not be recognised.

LAW AND JURISDICTION
These Terms and Conditions of Sale shall be governed and interpreted in all respects by the laws of New South Wales. The Company reserves the right to enter any premises where the goods are kept to inspect or recover possession of the goods if necessary.