Seller means JIALIFT ABN 16 164 661 956
Buyer means any person, body corporate or entity which purchases or orders the products from the Seller.
Products means all products delivered by the Seller to the Buyer or to be delivered by the Seller to the Buyer
Contract means a contract between the seller and the Buyer for the sale or rental of the products.
1.1. ACCEPTANCE OF PURCHASER’S ORDER: These terms and conditions apply to every sales contract and sale of products between Seller and Buyer.
1.2 REJECT ORDER: The Seller reserves the right to refuse acceptance of any purchase order when:
1) the buyer’s order does not apply with these terms and conditions;
2) the order items are out of stock;
3) any quotation given by the Seller lapsed if not accepted by the Buyer within 15 days.
All prices are listed in our quotations and website exclude 10% GST. Prices listed and/or quoted are subject to change or alteration without notice. Quotations are to be treated as estimates only and subject to withdrawal, correction or alteration at any time before acceptance of Buyer’s order by Seller.
Products pictured in our website or on our catalogue are to be used as a guide only. Products may be substituted for as close as possible equivalent if they become unavailable. Sometimes, the color of the products may not same as pictured in our website or on our catalogue.
4.1. DELIVERY PRICES:
The freight prices based on home address or business address and how far from the delivery address to JIALIFT warehouse, as well as the shipping dimension of the delivery items. We will confirm freight charges after we get quote from freight companies.
4.2. DELIVERY AND RISK:
The risk of the products shall pass to the Buyer upon delivery to the Buyer’s delivery address or the nominated carrier’s depot. The Buyer shall provide or cause to be provided full and clear access for delivery and will at its own expense provide all necessary assistance in unloading the items at the nominated place of delivery.
Seller will not in any circumstances accept liability for damage, shortage or loss during transit. If delivery of the goods by Seller is delayed for a cause other than its own negligence the Buyer shall be liable for extra charges, losses or expenses incurred by Seller and the Buyer shall not be entitled to cancel the order by reason thereof.
4.3. DELIVERY TIME:
Seller may deliver the goods by instalments and Buyer will accept each delivery. Requirements of Buyers shall not be a condition or of the essence of the sale. Seller shall be under no liability for direct or consequential loss or damage to Buyer arising from delay or postponement in delivery.
Payments can be made via credit card, bank transfer or PayPal. Items can be collected or be arranged to delivery only after buyer paid the invoice.
Any requests by the buyer for cancellation of a purchase order must be in writing and may be facsimiled or email. The Purchaser is liable to reimburse the Supplier for the costs it has incurred for
1) Freight fee, if the order items are sent out. (freight fee including send out and take back the order items)
7. RETURN OF PRODUCTS：
7.1 The Buyer must send the written notification containing particulars of the invoice and the products and reasons for return.
7.2 Inspect the products will be done by Seller before process the refund
7.3 The Products’ condition is good and without any damage
7.4 Portion amount of price for the Products will refund if the Products have any damage caused by Buyer. The cost of repair the damaged Products will deduct from the amount of refund.
8. ACCEPTANCE OF CLAIMS:
Acceptance of the goods delivered shall be deemed for all purposes to have taken place at the expiration of seven (7) days from the date of each delivery.
9. CUSTOMIZED ORDERS:
Buyer will need place an order in writing to Seller for customized items. Buyer need to deposit 30% full price of the customized items to order the customized items.
Seller only accept to return deposit to Buyer when
- the customized items are not reached the requirements which were agreed by Seller when accept the customized order;
- or the customized items not placed to produce by factory yet.
Seller will not accept return the deposit when the customized item already been made by factory.
10. RISK AND PROPERTY:
The risk in the products or services sold shall pass to Buyer at the point of delivery. This shall also apply to any partial delivery of goods. If delivery of goods is delayed due to any circumstances beyond the control of Seller the risk passes to Buyer on the day regarded as date of delivery.
The Seller accepts no responsibility for the misuse or improper use of goods or products supplied. The Buyer accepts the full responsibility for any damage or injury either to property or persons caused by the products or services supplied by the Seller.
11. PERESONAL PROPERTIES SECURITIES ACT 2009(PPSA):
11.1 The Seller’s rights under this clause 8 secure;
- The Seller’s right to receive the price of all Products sold under this Contract, and
- All other amounts owing to the Seller under this Contract or any other contract.
11.2 All payments received from the buyer must be applied in accordance with section 14(6)(c) of PPSA.
11.3 The Buyer agrees that legal title and property in the products is retained by the Seller until payment is all paid which under the Contracts or otherwise. The Buyer must make sure the products which supplied by the Seller are readily identifiable by keep the product separate from other products and store the products.
11.4 The Buyer must not sell the Products except in the ordinary course of the Seller’s business.
11.5 If the Buyer fails to pay by the due date any amount owing to the Seller, the Seller has rights recover and resell any of the Products which has not passed to the Buyer. The Seller has rights to obtain the indemnifies from Buyer for all loss suffered and or incurred by the Seller as a result of exercising its rights under the clause 8.
11.6 In according to clause 8, Seller has security interest (for the purpose of the PPSA) in the Products and any proceeds until title passes to the Buyer. The Buyer must do anything reasonably required by the Seller to enable the Seller to register its security interest with the priority the Seller requires to maintain that registration.
11.7 The security interest arising under clause 8 attaches to the Products when the Buyer purchased and paid the total amount of price of the Products, and both Buyer and Seller are confirmed that they have not agreed that any security interest arising under the clause 8 attaches at any later time.
12. NO IMPLIED SERVICE:
The Buyer acknowledges that excepting as provided by law this agreement does not entitle the Buyer to demand to receive from Seller any site inspection or service of the products sold, delivered and installed if applicable. If the Buyer does require our services in respect of site inspection and service of the goods, the subject of this agreement, then the Buyer should arrange with us to enter a separate agreement in respect of same. In the event that no separate agreement in relation to site inspection and service is required by the Buyer, then the Buyer acknowledges that in the event of the goods supplied required to be serviced or inspected due to breakdown or otherwise, then the Buyer shall rely solely on any benefit in respect of same provided by the manufacturer.
13. CLERICAL ERRORS:
Clerical errors in computations, typing or otherwise in our product catalogue or website shall be subject to correction. Errors and omissions excepted.
14. MODIFICATIONS OF TERMS AND CONDITIONS:
JIALIFT reserves the right to all modifications and amendments to these Terms and Conditions.
All modifications and amendments to these Terms and Conditions shall be in writing and if otherwise shall not be binding upon Seller.
If any of the provisions of the Contract are unlawful or invalid by reason of any applicable statute or rule of Law, then such provision shall be severed from the rest of this Contract which shall remain valid and binding on the parties.
15. Errors and Omissions Excepted:
Prices subject to change or alteration without notice
For a period of 12 months from date of delivery JIALIFT AUSTRALIA Pty Ltd warrants to the original purchaser of product. Batteries & Wheels are excepted and have a period of 3 months’ warranty from date of purchase.
JIALIFT warranty is a back to base warrant, which means it is the customers responsibility to return the faulty goods to the store of purchase. JIALIFT will then assess the item and repair or replace the item.
Not covered by this warranty – Consumables or similar items, any alterations to the equipment and any parts not provided by JIALIFT. Negligence, abuse, misuse, overloading, failure to follow instructions supplied with purchase or accident.
JIALIFT will not accept liability for loss of use or for any indirect or consequential damages. In no event does the liability of JIALIFT exceed the purchase price of the equipment. JIALIFT determines the type of service personnel and associated services for warranty satisfaction only if – examination of the product concludes the fault or defect has not been caused by neglect, misuse, improper operation, unauthorized repair or alteration, incorrect maintenance, abnormal deterioration of the equipment or parts due to the physical environment, accident or improper installation by Buyer.
This warranty only extends to the first end user, if the products are resold during the warranty period then the warranty may no longer apply.