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These Terms and Conditions of Sale govern the supply of all Goods and Services by Johal Enterprises ("we", "us", or "JE") to any Customer. By requesting a quotation, placing an order, or accepting delivery of Goods or Services, the Customer agrees to be bound by these Terms.

When these Terms are in force

  1. These Terms apply whenever Goods or Services are quoted for, sold, supplied or Delivered by Johal Enterprises to a Customer.
  2. Requesting or accepting a Quotation from, placing an Order with or accepting a supply or Delivery of Goods or Services from Johal Enterprises by a Customer constitutes acceptance by the Customer of these Terms.
  3. By entering into a Quotation, sale, supply or Delivery of Goods and Services by Johal Enterprises to a Customer, the Customer is offering to do so on the basis of these Terms which are accepted by Johal Enterprises where it supplies the Goods or provides the Services.
  4. Where Johal Enterprises has granted the Customer a credit facility, the Credit Terms apply. In the event of any conflict, ambiguity or inconsistency between these Terms and the Credit Terms, the Credit Terms prevail to the extent of the conflict, ambiguity or inconsistency.
  5. Where Johal Enterprises and a Customer enter into a supply agreement for Goods or Services, these Terms shall continue to apply to the extent they are not inconsistent with the terms of the supply agreement.

Conditions of Quotation or Ordering

  1. The Customer warrants that:
    1. the Customer will provide all Relevant Information to Johal Enterprises when seeking a Quotation or placing an Order for Goods or Services from Johal Enterprises;
    2. any Relevant Information supplied by the Customer to Johal Enterprises is accurate and complete in all material respects;
    3. in giving any Quotation, accepting any Order or supplying or delivering any Goods or Services, Johal Enterprises will be entitled for all purposes to rely upon the accuracy and completeness of any Relevant Information provided by the Customer;
    4. subject to any Law to the contrary, unless Johal Enterprises makes an express representation to the contrary in writing, the Customer will not allege or in any circumstances maintain:
      1. that Johal Enterprises had, or should be taken to have, approved of or represented any specification (whether supplied by the Customer, by Johal Enterprises or by a third party) as being suitable for any particular purpose; or
      2. that Johal Enterprises is liable for any Loss to the extent that the Loss results from or is attributable to any defects in, or unsuitability of, the specification; except to the extent caused by Johal Enterprises' fraud or wilful misconduct;
    5. unless the Customer notifies Johal Enterprises to the contrary prior to or when placing an Order for the Goods, the Customer is, and has held itself out to be, acquiring the Goods for either the purpose of re-supply (in an altered form or condition or to be incorporated into other goods) or for the purpose of using them up or transforming them in trade or commerce in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on land.
  2. Testing of concrete and/or Aggregates or other technical Services will not be carried out or provided, unless ordered by the Customer.
  3. Unless otherwise agreed in writing, Quotations will remain valid for a period of thirty (30) days from the date of quotation.
  4. Johal Enterprises reserves the right to not accept a Customer's Order in its sole discretion.

Delivery of Goods

  1. The Customer shall take full responsibility for assessing any requirements for traffic management associated with a Delivery to the Customer and for putting in place all traffic management measures which the Customer ought reasonably to know are required in all the circumstances of the Delivery.
  2. The Customer shall ensure that all access routes to any Delivery point are suitable for the vehicle(s) Johal Enterprises reasonably decides to use to make the Delivery, taking into account the weight, height, width and length of those vehicles.
  3. Johal Enterprises will use reasonable endeavours to deliver Goods by any agreed Delivery date, but time of Delivery is not of the essence. Johal Enterprises will not be liable for any Loss, cost, damage, charge or expense caused by late Delivery.
  4. If the Customer requests a specific delivery time and the request is accommodated, additional charges may apply.
  5. Johal Enterprises reserves the right to make partial deliveries and each partial delivery shall constitute a separate sale under these Terms.
  6. The Customer must inspect Goods upon Delivery and notify Johal Enterprises of any shortage or visible defect within 48 hours of Delivery. Failure to do so will constitute acceptance of the Goods as delivered.

Risk and Title

  1. Risk in the Goods passes to the Customer upon Delivery.
  2. Title in the Goods remains with Johal Enterprises until the Customer has paid all amounts owing to Johal Enterprises in full, including any amounts owed on other accounts.
  3. Until title passes to the Customer, the Customer must:
    1. hold the Goods as bailee for Johal Enterprises;
    2. store the Goods separately and in a manner that makes them clearly identifiable as the property of Johal Enterprises;
    3. not encumber or charge the Goods; and
    4. allow Johal Enterprises to inspect the Goods at any reasonable time.
  4. Johal Enterprises may recover and resell the Goods if payment is not made by the due date, and the Customer grants Johal Enterprises an irrevocable licence to enter any premises to recover the Goods.

Payment

  1. The Customer must pay Johal Enterprises for all Goods and Services supplied in accordance with the applicable invoice or as otherwise agreed in writing.
  2. Unless otherwise agreed, payment is due within thirty (30) days of the date of invoice.
  3. Johal Enterprises may charge interest on overdue amounts at the rate of 2% per month, calculated daily from the due date until the date of actual payment.
  4. The Customer shall pay all costs and expenses (including legal costs on a solicitor/own client basis) incurred by Johal Enterprises in recovering overdue amounts.
  5. The Customer may not withhold payment or set off any amount against payment without the prior written consent of Johal Enterprises.
  6. All prices are exclusive of GST unless stated otherwise. The Customer must pay GST in addition to the price at the same time as payment for the relevant Goods or Services.

Defective Goods

  1. Johal Enterprises warrants that Goods will conform to any specifications agreed in writing at the time of order.
  2. To the extent permitted by law, Johal Enterprises' liability for defective Goods is limited, at Johal Enterprises' election, to:
    1. replacement of the Goods or the supply of equivalent Goods;
    2. repair of the Goods;
    3. payment of the cost of replacing the Goods or acquiring equivalent Goods; or
    4. payment of the cost of having the Goods repaired.
  3. The Customer must notify Johal Enterprises in writing of any alleged defect within 7 days of Delivery, or such shorter period as may be required by the nature of the Goods. Claims made after this period will not be accepted.
  4. Johal Enterprises is not liable for defects caused by misuse, improper storage, failure to follow instructions, or modifications made by the Customer or third parties.

Liability and Indemnity

  1. To the maximum extent permitted by law, Johal Enterprises excludes all implied conditions and warranties, and is not liable for any indirect, consequential, special, or incidental loss or damage (including loss of profit, revenue, opportunity, or data) arising in connection with these Terms.
  2. Johal Enterprises' total aggregate liability to the Customer for any cause whatsoever shall be limited to the price paid for the specific Goods or Services giving rise to the claim.
  3. The Customer indemnifies and holds harmless Johal Enterprises from and against all claims, losses, damages, costs, and expenses arising from:
    1. the Customer's breach of these Terms;
    2. the Customer's negligent or wrongful acts or omissions; or
    3. the use or misuse of the Goods by the Customer or any third party after Delivery.
  4. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law where to do so would cause these Terms or any provision of these Terms to be void.

Intellectual Property

  1. All intellectual property rights in the Goods, materials, specifications, designs, and documentation created or supplied by Johal Enterprises remain the property of Johal Enterprises or its licensors.
  2. The Customer must not copy, reproduce, modify, or distribute any such materials without the prior written consent of Johal Enterprises.

Force Majeure

  1. Johal Enterprises will not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, civil disturbance, strikes, floods, fire, government action, or supply chain disruptions.
  2. Johal Enterprises will notify the Customer as soon as practicable of any force majeure event and will use reasonable endeavours to resume performance as quickly as possible.

Confidentiality

  1. Each party agrees to keep confidential all information of a confidential nature disclosed by the other party in connection with these Terms, and not to use such information for any purpose other than to fulfil its obligations under these Terms.
  2. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law or regulatory authority.

Termination

  1. Johal Enterprises may immediately suspend or terminate supply of Goods or Services if the Customer:
    1. fails to make any payment when due;
    2. becomes insolvent, bankrupt, or enters into any arrangement with creditors;
    3. commits a material breach of these Terms that is not remedied within 14 days of written notice; or
    4. ceases to carry on business.
  2. Termination does not affect any accrued rights or liabilities of either party prior to the date of termination.

General

  1. These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.
  2. If any provision of these Terms is found to be invalid, unenforceable or illegal, that provision shall be severed and the remaining provisions shall continue in full force and effect.
  3. These Terms, together with any applicable Credit Terms or supply agreement, constitute the entire agreement between the parties regarding the supply of Goods and Services and supersede all prior representations, negotiations, and understandings.
  4. Johal Enterprises may update these Terms from time to time. The current version will be available on our website. Continued ordering of Goods or Services after any change constitutes acceptance of the updated Terms.
  5. No waiver by Johal Enterprises of any breach of these Terms shall constitute a waiver of any subsequent breach. No waiver shall be effective unless made in writing.

Questions about these Terms?

If you have any questions or concerns about these Terms and Conditions, please contact us before placing an order.

+61 434 212 230

admin@johalenterprises.au