All prices quoted are inclusive of GST and are subject to change without prior notice. Each amount payable by the customer under these terms in respect of a taxable supply to JBL Glass is a GST inclusive amount and in receipt of a tax invoice the customer must pay the amount stated including the GST payable in respect of that supply. Taxable supply and GST have the meanings set out in the A New Tax system (Goods and Products and Services) Act 1999.
Claims for faulty or damaged items will be recognized if reported to JBL Glass within 30 days of installation. Every effort will be made to correct the issue although JBL will not take responsibility for poor workmanship prior to the installation of our product.
JBL Glass may at any time, without the need to provide a reason, vary or withdraw any credit granted to the customer.
JBL Glass may, at JBL Glass’s complete discretion and without incurring any liability to the customer, cease or suspend supply of products and services to the customer or amend these Credit Terms.
To the extent permitted by law or expressly by these terms, all warranties whether express, implied, statutory or otherwise, relating in any way to the goods and services are excluded. JBL Glass warrant the goods or services only to the extent of its suppliers’ warranties and, excludes all other warranties to the extent permitted by law.
All guarantees under or related to these terms will be continuing guarantees and will terminate only with JBL Glass written agreement.
The liability of JBL Glass for any breach of such term shall be limited, at the option of JBL Glass to any one or more of the following;
If the breach related to the goods or supply of goods; the replacement of goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
If the breach related to services; the supplying of the services again; or the payment of the cost of having services supplied again.
To the extent permitted by law and except as expressly provided to the contrary in these terms, JBL Glass shall not be under any liability (contracted, tortious or otherwise) to the customer in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to these terms or JBL Glass act, failure or omission.
Trading terms are C.O.D. Payment in full is required on the day of installation. JBL Glass is entitled to charge the customer interest on amounts not paid within the credit period specified by JBL Glass at a rate equivalent to 3% per annum above the business overdraft commercial interest rate of JBL Glass principal bankers from the invoice date until the payment of the debt.
Trade Account Application can be completed for net 14-day or 30-day accounts. Failure to adhere to the terms will result in the account becoming C.O.D, until such time as the account is paid in full. The company reserves the right to determine when the account will be re-opened. JBL Glass is entitled to charge the customer interest on amounts not paid within the credit period specified by JBL Glass at a rate equivalent to 3% per annum above the business overdraft commercial interest rate of JBL Glass principal bankers from the invoice date until the payment of the debt.
If JBL Glass receives or recovers money in respect of a debt of the customer, JBL Glass may use the money to pay off whichever debt or part of a debt JBL Glass chooses and is not compelled to apply the money as directed by the customer or any other person.
Should payment remain outstanding beyond the company’s payment terms as outlined in clause 5, the customer is liable for all costs including legal costs (on a solicitor/own client basis) and mercantile fees incurred by the company in recovering the amount outstanding.
The customer will be liable for all transactions and expenses involving the customer’s credit account including any fraudulent use of the account by the customer or any person authorized by the customer to use the account or the customers employees, agents or contractors.
The customer will also be liable for any fraudulent use of the customer’s credit account which is directly or indirectly caused or contributed by the customers negligence.
Property in the products supplied shall remain and shall not pass to the customer at any stage. Risk of the products passes to the customer at time of delivery. If the customer defaults in payment, loses, damages or misplaced the goods, then without prejudice JBL Glass other rights, JBL Glass may without notice to the customer enter any premises occupied by the customer and recover possession of them. Should the product be damaged or lost, payment for the goods will become immediately due and payable at full delivered new replacement costs. Transportation or movement of the goods supplied is strictly the right of JBL Glass only, customers are not permitted to move the goods at any stage.
The retention of title contained in these terms give rise to a security interest as defined in the Personal Properties Securities Act 2009 (PSSA) in all goods present and acquired after the execution of these terms. The customer acknowledges that JBL Glass may register a financing statement on the Personal Properties Security Register (PPSR). The customer agrees to do all things and execute or arrange execution of all documents JBL Glass requires to perfect a first ranking security interest in the Goods or Supply of Service including registering a statement on the PPSR.
The customer agrees to notify JBL Glass in writing, of any change of ownership or legal structure of the customer within 7 days from the date of such a change, and indemnifies the company against any loss or damage incurred by it as a result of the customers failure to notify JBL Glass of any change.
If the customer consists of more than one person, the obligations of each person are joint and several.
The customer will indemnify JBL Glass in relation to any direct or indirect loss, liability or damage suffered by JBL Glass or any other person as the result of the customers negligence of breach of terms.
Those terms bind the customer both personally and as a trustee of any trusts of which the customer is trustee.
Each clause, subclause and part of these terms and conditions is separate and independent. If any clause or subclause or part is found to be invalid or ineffective, the other clauses or subclauses or parts will not be adversely affected.
Any waiver by JBL Glass must be in writing. In the event that JBL Glass elects not to exercise any of JBL Glass’s rights arising in connection with these credit terms, JBL Glass election will not constitute a waiver of any rights relating to any other breach of these credit terms.
These terms may only be amended with JBL Glass written agreement.
The customer may not assign any agreement under these terms without JBL Glass prior written consent.
This account may be subject to a monthly account fee as agreed.
You agree the JBL Glass may issue Recipients Created Tax Invoices (RCTI) for the supply of core you (or your agent) make to JBL Glass. You will not issue tax invoices for these supplies. JBL Glass will issue the RCTI within 28 days of determining the value of supply.
These terms are governed by the laws of New South Wales. The customer submits to and consents to the central courts of Sydney having jurisdiction over these terms.