Terms & Conditions
Unit 14, 148 CHESTERVILLE ROAD
MOORABBIN, VICTORIA
3189 AUSTRALIA
ABN 82 673031564
ACN 673031564
1. THESE TERMS
1.1. What do these terms cover? These are the terms and conditions on which we
supply goods to you.
1.2. Why you should read them. Please read these terms carefully before you submit
your order to us. These terms tell you who we are, how we will provide goods to you,
how you and we may change or end the contract, what to do if there is a problem
and other important information. If you think that there is a mistake in these terms,
please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are PJCC ELECTRIC VEHICLE PTY LTD, a company
registered in Australia. Our Australian Business Number is 82 673031564, and our
registered office is at Unit 14. 148 Chesterville Road, Moorabbin, Victoria, 3189.
2.2. How to contact us. You can contact us by telephoning +61 407551601 or by
writing to us at sales@evsafe.au or Unit 14. 148 Chesterville Road, Moorabbin,
Victoria, 3189.
2.3. How we may contact you. If we have to contact you, we will do so by telephone
or by writing to you at the email address or postal address you provided to us in your
order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these
terms, this will include e-mail.
3. OUR CONTRACT WITH YOU
3.1. These terms apply to orders for goods placed via telephone, in writing, via fax or
via our website.
3.2. Each order for goods from you to us shall be an offer by you to purchase the
goods, and these terms will apply. Please ensure that you read these terms carefully
and check that the details on the order and in these terms are complete and
accurate before you sign or submit the order.
3.3. If you are a business customer, these terms apply to the exclusion of all other
terms and conditions, including any terms or conditions contained in or referred to in
your purchase order, confirmation of order or other document or implied by law,
custom, practice or course of dealing or simply as a result of such document being
referred to in the contract.
3.4. How we will accept your order. Our acceptance of your order will take place
when we issue a written acknowledgement of the order or (if earlier), we deliver the
goods to you, at which point a contract will come into existence between you and us.
3.5. If we cannot accept your order. If we are unable to accept your order, we will
inform you of this and will not charge you for the goods. This might be because the
goods are out of stock because we have identified an error in the price or
description of the goods or because we are unable to meet the delivery deadline you
have specified.
3.6. These terms apply to all our sales, and any variation to these terms and any
statements made by us or our employees about the goods shall not be binding on us
unless agreed in writing and signed by an authorised representative of PJCC
ELECTRIC VEHICLE PTY LTD.
3.7. If you are a business customer, you acknowledge that you have not relied on any
statement, promise or representation made or given by or on behalf of us which is
not set out in the contract. Nothing in this Clause shall exclude or limit our liability for
fraudulent misrepresentation.
3.8. Amendments to our catalogue or website: We may amend our catalogue and
website from time to time to correct any typographical, pricing, clerical or other error
or omission.
4. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER
4.1. If you wish to make a change to the goods you have ordered, please contact us.
We will let you know if the change is possible. If it is possible, we will let you know
about any changes to the price of the goods, the timing for delivery or anything else
which would be necessary as a result of your requested change and I ask you to
confirm whether you wish to go ahead with the change.
5. IF YOU ARE A CONSUMER, YOUR RIGHTS TO END THE CONTRACT,
RETURN THE GOODS AND REFUND
5.1. You can always end your contract with us. Your rights when you end the
contract will depend on what you have bought, whether there is anything wrong with
it, how we are performing and when you decide to end the contract:
5.1.1. If the goods are faulty or misdescribed. If what you have bought is faulty or
misdescribed, you may have a legal right to end the contract (or to get the goods
repaired or replaced or to get some or all of your money back).
6. OUR GOODS
6.1. The description of the goods shall be as set out in our catalogue or on our
website.
YOU MUST CHECK THE DESCRIPTION AND THE SPECIFICATION OF THE
GOODS SET OUT IN OUR CATALOGUE OR ON THE WEBSITE BEFORE
PLACING YOUR ORDER.
PLEASE NOTE THAT SOME GOODS ARE NOT FOR PRIVATE USE IN A
DOMESTIC DWELLING.
6.2. Goods may vary slightly from their pictures. All samples, drawings, descriptive
matter, technical data, dimensions, weights, specifications and advertising issued by
us and any images of the goods in our catalogue and on our website and any
descriptions or illustrations contained in our catalogue are issued or published as a
guide and for illustrative purposes only and do not form part of the contract.
6.3. Although we have made every effort to display the colours and goods
accurately, we cannot guarantee that a device’s display of the colours or the printed
pictures in our catalogue accurately reflects the colour of the goods. Your goods may
vary slightly from those images.
6.4. Packaging may vary. The packaging of the goods may vary from that shown in
images on our website or in our catalogue.
7. OUR RIGHTS TO MAKE CHANGES
7.1. Minor changes to the goods. We may change the goods:
7.2. to reflect changes in relevant laws and regulatory requirements; and
7.2.1. to implement minor technical adjustments and improvements. These changes
will not affect your use of the goods.
7.3. More significant changes to the goods and these terms. In addition, as we
informed you in the description of the goods in our catalogue or on our website, we
may make changes to the goods or these terms, but if we do so we will notify you
and you may then contact us to end the contract and receive a full refund before the
changes take effect:
7.3.1. changes in the specification, design or construction of the goods which are
required to comply with any applicable safety or statutory requirements. These
changes will not affect your use of the goods
7.3.2. changes to these terms, which are required to comply with changes to the relevant
laws and regulatory requirements, and
7.3.3. changes in how we accept payment from you.
7.4. We reserve the right to discontinue any goods.
7.5. We may end the contract if you break it. We may end the contract for goods at
any time by writing to you if:
7.5.1. you do not make any payment to us when it is due, and you still do not make
payment within 7 days of us reminding you that payment is due;
7.5.2. you do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the goods.
7.6. You must compensate us if you break the contract. If we end the contract in the
situations set out in Clause 7.5, we will refund any money you have paid in advance
for goods, we have not provided, but we may deduct or charge you reasonable
compensation for the net costs we will incur as a result of your breaking the contract.
8. PRICE
8.1. Where to find the price for the goods. Unless otherwise agreed by us in writing,
prices for goods are as listed in our catalogue or website
https://firecloakaustralasia.com/ from which the goods are purchased current at the
date of dispatch of the goods. Prices are not guaranteed, although every effort will be
made to maintain them.
8.2. Where to find the price for the services. Unless otherwise agreed by us in
writing, prices for services shall be as specified in the order
8.3. Unless otherwise specified, the price for all goods in our catalogue is exclusive
of GST and shall be payable in addition to the price of the goods.
8.4. Delivery costs Unless otherwise specified, the price for the goods excludes the
costs and charges of packaging, insurance, loading, unloading, postage and carriage
of the goods, all of which amounts you shall pay when you are due to pay for the
goods and which shall be as set out in our online order form or notified to you at the
time of your order.
8.5. In the event that we incur additional costs in supplying the goods to you due to
unforeseen circumstances not specified or known by either party on the date of the order
you will pay such additional costs when you are due to pay for the goods.
8.6. We may, by giving notice to you at any time before delivery, increase the price
of the goods to reflect any increase in the cost of the goods that is due to:
8.7.1. any factor beyond our control (including foreign exchange fluctuations,
increases in taxes and duties, and increases in labour, materials and other
manufacturing costs);
8.7.2. any request by you to change the delivery date, quantities or types of goods
ordered or the specification; or
8.7.3. any delay caused by your instructions or failure by you to give us adequate or
accurate information or instructions,
we will notify you of any changes, and any additional costs will be paid at the same
time you are due to pay for the goods. If you are a consumer, your rights in Clause 5
will apply if we make any of these changes.
8.8 What happens if we get the price wrong? It is always possible that, despite our
reasonable efforts, some of the goods on our website may be incorrectly priced. If
we discover an error in the price of the goods you have ordered, we will contact you
to inform you of this error, and we will give you the option of continuing to purchase
the goods at the correct price or cancelling the order. We will not process your order
until we have your instructions. If we are unable to contact you, we will treat the
order as cancelled and notify you in writing. Please note that if the pricing error is
obvious and unmistakable and could have reasonably been recognised by you as
mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
9. PAYMENT
9.1. The price for the goods, GST and any carriage charges are strictly net and
unless we agree any other payment method or extended credit terms in writing,
payment is due in full without any deductions (whether by way of set-off,
counterclaim, discount, abatement or otherwise) by the 30th day of the month
following invoice date (subject to credit status), when the full invoice value becomes
due.
9.2. Should credit status not be met, payment is required in advance of goods
dispatch.
9.3. If you fail to pay us any sum due pursuant to the contract, you may be liable to
pay interest to us on such a sum from the due date for payment.
9.4. Time for payment of the price shall be of the essence of the contract. This
means that if you do not pay us when payment is due, we may terminate the contract
between us.
10. DELIVERY
10.1. Unless otherwise agreed in writing by us, delivery of the goods shall take place
at the address set out in the order only and you will be responsible for off-loading the
goods.
10.2. When we will provide the goods – We shall use our reasonable endeavours to
advise you of a delivery date for the goods. Any dates specified by us for delivery of
the goods are an estimate only.
10.3. If next day delivery does not apply or no dates are so specified, delivery shall
be within a reasonable time of acceptance of the order.
10.4. Delivery shall be made by us or a courier nominated by us during normal
business hours (excluding bank or public holidays). We may levy additional charges
for any deliveries made at your request outside such hours.
10.5. Special off-shore delivery shall be agreed in writing between us prior to
delivery.
10.6. We are not responsible for delays outside our control. If our delivery of the
goods is delayed by an event outside our control, then we will contact you as soon as
possible to let you know, and we will take steps to minimise the effect of the delay. If
you are a consumer, provided we do this, we will not be liable for delays caused by
the event, but if there is a risk of substantial delay, you may contact us to end the
contract and receive a refund for any goods you have paid for but not received.
10.7. If you will not accept delivery of any of the goods when they are ready for
delivery risk in the goods will pass to you, and the goods will be deemed to have
been delivered. You will be liable for any costs incurred by us in storing the goods
where you do not accept delivery (including re-delivery, storage and insurance
costs).
10.8. We reserve the right to make partial deliveries. You shall not be entitled to
object to or reject the goods or any of them by reason of the surplus or shortfall, and
shall pay for such goods at the pro rata contract rate.
10.9. We shall be responsible for any damage, shortage or loss in transit provided
that you notify us (or our carrier, if applicable) within three days of delivery or the
proposed delivery date of the goods and that the goods have been handled in
accordance with our stipulations. Any remedy under this Clause 10.9 shall be limited,
at the option of us to the replacement or repair of any goods which is proven to be our
satisfaction to have been lost or damaged in transit.
11. NON-DELIVERY
11.1. The quantity of any consignment of goods recorded by us upon dispatch from
our place of business shall be conclusive evidence of the quantity received by you
on delivery unless you can provide conclusive evidence proving otherwise.
11.2. We shall not be liable for any non-delivery of goods unless you notify us in
writing of the failure to deliver within 5 days after the scheduled delivery date.
11.3. Any liability of us for non-delivery of the goods shall be limited to replacing the
goods within a reasonable time or issuing a credit note at the pro rata agreement
rate against any invoice raised for such goods.
12. OWNERSHIP OF GOODS
12.1. Delivery of an order shall be completed when we deliver the goods to the
delivery address, and the goods will be your responsibility from that time.
12.2. When you own the goods. You own the goods on the later of completion of
delivery or once we have received payment in full for:
12.2.1. the goods; and
12.2.2. all other sums which are or which become due to us from you on any
account.
12.3. Until ownership of the goods has passed to you under Clause 12.2, you must:
12.3.1. hold the goods on a fiduciary basis as our bailee;
12.3.2. store the goods (at no cost to us) in satisfactory conditions and separately
from all other products of yours or any third party so that they remain readily
identifiable as our property;
12.3.3. not destroy, deface or obscure any identifying mark or packaging on or
relating to the goods;
12.3.4. keep the goods insured on our behalf for its full price against all risks to our
reasonable satisfaction, and hold the proceeds of such insurance on trust for us and
not mix them with any other money, nor pay the proceeds into an overdrawn bank
account. On request you shall produce the policy of insurance to us.
12.4. You may not resell the goods before ownership has passed to you unless the
third party is notified that you do not have title to such goods.
12.5. You grant us, our agents and employees an irrevocable licence at any time to
enter any premises where the goods are or may be stored in order to inspect them,
or, where your right to possession has terminated, to recover them. All costs incurred
by us in repossessing the goods shall be borne by you.
13. WARRANTY AND RETURNS
13.1. Where we are not the manufacturer of the goods, we shall endeavour to
transfer to you the benefit of any warranty or guarantee given by the manufacturer to
us.
13.2. We warrant that on delivery (subject to the other provisions of these terms) the
goods shall:
13.2.1. conform in all material respects with their description;
13.2.2. be of satisfactory quality (within the meaning of the Sale of goods Act 1979);
13.2.3. be fit for any purpose held out by us; and
13.2.4. for a period of one (1) year from the date of purchase (the Warranty Period)
the goods shall be free from defects of workmanship and materials. We undertake
(subject to Clauses 13.3 and 13.4), at our option, to repair or replace the goods
which are found to be defective as a result of faulty materials or workmanship during
the Warranty Period.
13.3. We shall not be liable for a breach of the warranty in Clause 13.2 unless:
13.3.1. you give written notice of the defect to us, and, if the defect is as a result of
damage in transit to the carrier, within three (3) days of the time when you discover
or ought to have discovered the defect; and
13.3.2. we are given a reasonable opportunity after receiving the notice of examining
such goods and you (if asked to do so by us) return such goods to us at our cost for
the examination to take place there.
13.4. We shall not be liable for a breach of the warranty in Clauses 13.2 if:
13.4.1. you fail to give the written notice required under Clause 13.3.1 or you make
any use of goods which you have given written notice about under Clause 13.3.1; or
13.4.2. it is established to our reasonable satisfaction that the materials used in the
manufacture of the goods or workmanship was not defective,
13.4.3. the defect arises because you failed to follow our oral or written instructions
as to the storage, use or maintenance of the goods or (if there are none) good trade
practice;
13.4.4. the defect is caused by misuse or abuse of the goods or by improper use of
the goods by you or use outside its normal application;
13.4.5. the defect arises due to normal wear and tear; or
13.4.6. you alter or repair the goods without our written consent.
13.5. Any repaired or replacement goods shall be under warranty for the unexpired
portion of the 1 year Warranty Period.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under these terms that is caused by an event
outside our control.
14.2. If an event outside our control takes place that affects the performance of our
obligations under these terms, we will contact you as soon as reasonably possible to
notify you and our obligations under these terms will be suspended, and the time for
performance of our obligations will be extended for the duration of the event outside
our control. Where the event outside our control affects our delivery of goods to you,
we will arrange a new despatch date with you after the event outside our control is
over.
