Terms and Conditions
- 1.1 "Jet Tec" shall mean Jet Tec Australia Pty Ltd T/A Talking Turtle Australia its successors and assigns or any person acting on behalf of and with the authority of Jet Tec Australia Pty Ltd T/A Talking Turtle Australia.
- 1.2 "Client" shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Jet Tec to the Client.
- 1.3 "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
- 1.4 "Goods" shall mean Goods supplied by Jet Tec to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by Jet Tec to the Client.
- 1.5 "Services" shall mean all Services supplied by Jet Tec to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
- 1.6 "Price" shall mean the price payable for the Goods as agreed between Jet Tec and the Client in accordance with clause 3 of this contract.
- 2.1 Any instructions received by Jet Tec from the Client for the supply of Goods and/or the Client's acceptance of Goods supplied by Jet Tec shall constitute acceptance of the terms and conditions contained herein.
- 2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
- 2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Jet Tec.
- 2.4 The Client shall give Jet Tec not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client's name and/or any other change in the Client's details (including but not limited to, changes in the Client's address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Jet Tec as a result of the Client's failure to comply with this clause.
3. Price And Payment
3.1 At Jet Tec's sole discretion the Price shall be either:
3.2 Jet Tec reserves the right to change the Price in the event of a variation to Jet Tec's quotation.
3.3 At Jet Tec's sole discretion a deposit may be required.
3.4 At Jet Tec's sole discretion:
3.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
3.6 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (excluding Amex and Diners which are not accepted), or by direct credit, or by any other method as agreed to between the Client and Jet Tec.
3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Goods
- 4.1 At Jet Tec's sole discretion delivery of the Goods shall take place when:
- (a) the Client takes possession of the Goods at Jet Tec's address; or
- (b) the Client takes possession of the Goods at the Client's nominated address (in the event that the Goods are delivered by Jet Tec or Jet Tec's nominated carrier); or
- (c) the Client's nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Client's agent.
- 4.2 At Jet Tec's sole discretion the costs of delivery are: (a) included in the Price; or (b) in addition to the Price; or (c) for the Client's account.
- 4.3 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then Jet Tec shall be entitled to charge a reasonable fee for redelivery.
- 4.4 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
- 4.5 Jet Tec may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
- 4.6 The failure of Jet Tec to deliver shall not entitle either party to treat this contract as repudiated.
- 4.7 Jet Tec shall not be liable for any loss or damage whatever due to failure by Jet Tec to deliver the Goods (or any of them) promptly or at all.
- 4.8 AIR DELIVERY. Talking Turtle Australia urrently has 2 courier pick up times per day. Around 10am and 3pm. For air shipments. ETA Next day delivery Nationally.
- 4.9 ROAD SHIPMENTS. For road shipments orders placed, picked and packed before 10am, ETA same day for Sydney Metro. All other destinations and for orders placed, picked and packed before 3pm ETA Next day delivery for Melbourne, Brisbane, Canberra Metro, 2 Days for Adelaide Metro, 3 - 4 Days Hobart & Darwin and 5 - 7 days for Perth, Metro.
5. Risk 5.1
- If Jet Tec retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
- 5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, Jet Tec is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Jet Tec is sufficient evidence of Jet Tec's rights to receive the insurance proceeds without the need for any person dealing with Jet Tec to make further enquiries.
- 6.1 Jet Tec and Client agree that ownership of the Goods shall not pass until: (a) the Client has paid Jet Tec all amounts owing for the particular Goods; and (b) the Client has met all other obligations due by the Client to Jet Tec in respect of all contracts between Jet Tec and the Client.
- 6.2 Receipt by Jet Tec of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Jet Tec's ownership or rights in respect of the Goods shall continue.
- (a) where practicable the Goods shall be kept separate and identifiable until Jet Tec shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from Jet Tec to the Client Jet Tec may give notice in writing to the Client to return the Goods or any of them to Jet Tec. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) Jet Tec shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to Jet Tec then Jet Tec or Jet Tec's agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
(e) the Client is only a bailee of the Goods and until such time as Jet Tec has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for Jet Tec; and
(f) the Client shall not deal with the money of Jet Tec in any way which may be adverse to Jet Tec; and
(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Jet Tec; and
(h) Jet Tec can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Jet Tec will be the owner of the end products.
7. Client's Disclaimer
- 7.1 The Client hereby disclaims any right to rescind, or cancel any contract with Jet Tec or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Jet Tec and the Client acknowledges that the Goods are bought relying solely upon the Client's skill and judgement.
- 8.1 The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Jet Tec of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Jet Tec an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Jet Tec has agreed in writing that the Client is entitled to reject, Jet Tec's liability is limited to either (at Jet Tec's discretion) replacing the Goods or repairing the Goods, except where the Client has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Goods or replacement of the Goods.
- 9.1 Returns will only be accepted provided that:
- (a) the Client has complied with the provisions of clause 8.1; and
- (b) Jet Tec has agreed in writing to accept the return of the Goods; and
- (c) the Goods are returned at the Client's cost within seven (7) days of the delivery date; and
- (d) Jet Tec will not be liable for Goods which have not been stored or used in a proper manner; and
- (e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
- 9.2 Jet Tec will accept back cartridges so that the Client doesn't have dated stock on the shelf. If received back within six (6) months plus to expiry date Jet Tec will only charge ten percent (10%) restocking fee. If there is less than six (6) months to expiry date Jet Tec will charge thirty five percent (35%) for restocking.
10. The Commonwealth Trade Practices Act 1974 ("TPA") and Fair Trading Acts ("FTA")
- 10.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
- 11.1 Jet Tec warrants that, in normal use its products will not cause damage or abnormal wear when used in printers in which they are designed to operate. Jet Tec shall not be liable to the Client if any damage or abnormal wear to a printer that is claimed to have been caused by use of a Jet Tec product could have been caused by goods not supplied by Jet Tec used in the printer before or after the use of a Jet Tec product.
- 11.2 Jet Tec reserve the right to collect and inspect and if necessary repair the printer. If it is found that damage has occurred as a direct result of a Jet Tec cartridge then Jet Tec will repair the printer or replace the printer with a working equivalent, and return the printer within twenty (20) working days of receipt of the defective device. Jet Tec's liability to the Client shall not exceed the amount required to repair or replace the printer if found damaged by a Jet Tec product.
- 11.3 Subject to the conditions of warranty set out in clause 11.4 Jet Tec warrants that if any defect in any workmanship of Jet Tec becomes apparent and is reported to Jet Tec within twelve (12) months of the date of delivery (time being of the essence) then Jet Tec will either (at Jet Tec's sole discretion) replace or remedy the workmanship.
- 11.4 The conditions applicable to the warranty given by clause 11.3 are:
- (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- (i) failure on the part of the Client to properly maintain any Goods; or
- (ii) failure on the part of the Client to follow any instructions or guidelines provided by Jet Tec; or
- (iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
- (iv)the continued use of any Goods after any defect becomes apparent or would have become apparent to a
reasonably prudent operator or user; or
- (v) fair wear and tear, any accident or act of God.
- (b) the warranty shall cease and Jet Tec shall thereafter in no circumstances be liable under the terms of the warranty if the product is repaired, altered or overhauled, or otherwise tampered with or misused without Jet Tec's consent.
- (c) in respect of all claims Jet Tec shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client's claim.
- 11.5 For Goods not manufactured by Jet Tec, the warranty shall be the current warranty provided by the manufacturer of the Goods. Jet Tec shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
12. Intellectual Property
- 12.1 Where Jet Tec has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in Jet Tec, and shall only be used by the Client at Jet Tec's discretion.
- 12.2 The Client warrants that all designs or instructions to Jet Tec will not cause Jet Tec to infringe any patent, registered design or trademark in the execution of the Client's order and the Client agrees to indemnify Jet Tec against any action taken by a third party against Jet Tec in respect of any such infringement.
13. Default & Consequences of Default
- 13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.