Our Workshop
178 Shellharbour Rd
Port Kembla
Working Time
Mon - Fri:
7:30 AM - 6:00 PM
TERMS AND CONDITIONS
1. GENERAL - The terms and conditions of sale contained herein apply to all quotations made and all purchase orders entered into by JRS Welding & Fabrication Pty Ltd , and acceptance by JRS Welding & Fabrication Pty Ltd of any order by confirmation or commencement of performance shall be on the basis of these terms and conditions of sale, even though no reference is made thereto at the time of acceptance JRS Welding & Fabrication Pty Ltd . failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these terms and conditions of sale. Buyer's assent to these terms and conditions of sale shall be deemed to be given by implication unless Buyer gives written notice of objection to JRS Welding & Fabrication Pty Ltd promptly under receipt of this document. Any changes in the terms and conditions of sale contained herein must specifically be agreed to in writing by an Officer of JRS Marine Engineering before becoming binding on JRS Welding & Fabrication Pty Ltd
2. ACCEPTANCE OF ORDERS - All orders from Buyer are subject to acceptance by JRS Welding & Fabrication Pty Ltd, and JRS Welding & Fabrication Pty Ltd reserves the right to accept or reject any orders in whole or in part. 3. PRICES - Prices quoted or acknowledged by JRS Welding & Fabrication Pty Ltd are firm but are subject to revision under negotiation with buyer. 4. TAXES - Unless otherwise specifically provided for in quotation or order acknowledgement, the amount of any present or future sales, revenue, excise or other tax applicable to the products covered by this quotation or order or the manufacture or sale thereof, shall be added to the purchase price and shall be paid by Buyer, or in lieu thereof Buyer shall provide JRS Welding & Fabrication Pty Ltd with a tax exemption certificate acceptable to the taxing authorities. 5. TRANSPORTATION - JRS Welding & Fabrication Pty Ltd title passes to Buyer upon making delivery of goods/services purchased in good condition. All claims for loss or damage must be filed by Buyer with the carrier.
6. PAYMENT AND TERMS - All invoices on credit terms are due and payable 30 days from the date of invoice. No discounts are allowed. Invoices remaining unpaid after their due date will be subject to interest charge of 20% per month (or the maximum rate allowed in Buyer's State, if lower) from their due date until paid. Buyer will pay all costs and expenses of collection of overdue accounts, including reasonable solicitor's fees. Each job shall be considered a separate and independent transaction, and payment therefore shall be made accordingly. If delivery is delayed by Buyer, JRS Welding & Fabrication Pty Ltd, has the right to issue invoice on the date he is prepared to make delivery. If the work covered by the purchase order is delayed by Buyer, the invoiced amount shall be based on the purchase price and the percentage of completion. Products held for Buyer shall be at the risk and expense of Buyer. JRS Welding & Fabrication Pty Ltd reserves the right to ship to its order and make collection by sight draft with bill of lading attached. If, in the judgement of JRS Welding & Fabrication Pty Ltd, the financial condition of Buyer at any time does not justify continuation of production on the terms of payment originally specified. JRS Welding & Fabrication Pty Ltd may require full or partial payment in advance. in the event of bankruptcy or insolvency by Buyer or in the event any proceeding is brought by or against Buyer under the bankruptcy or insolvency laws JRS Welding & Fabrication Pty Ltd shall be entitled to cancel any order then outstanding and shall receive reimbursement for its cancellation charges.
2. ACCEPTANCE OF ORDERS - All orders from Buyer are subject to acceptance by JRS Welding & Fabrication Pty Ltd, and JRS Welding & Fabrication Pty Ltd reserves the right to accept or reject any orders in whole or in part. 3. PRICES - Prices quoted or acknowledged by JRS Welding & Fabrication Pty Ltd are firm but are subject to revision under negotiation with buyer. 4. TAXES - Unless otherwise specifically provided for in quotation or order acknowledgement, the amount of any present or future sales, revenue, excise or other tax applicable to the products covered by this quotation or order or the manufacture or sale thereof, shall be added to the purchase price and shall be paid by Buyer, or in lieu thereof Buyer shall provide JRS Welding & Fabrication Pty Ltd with a tax exemption certificate acceptable to the taxing authorities. 5. TRANSPORTATION - JRS Welding & Fabrication Pty Ltd title passes to Buyer upon making delivery of goods/services purchased in good condition. All claims for loss or damage must be filed by Buyer with the carrier.
6. PAYMENT AND TERMS - All invoices on credit terms are due and payable 30 days from the date of invoice. No discounts are allowed. Invoices remaining unpaid after their due date will be subject to interest charge of 20% per month (or the maximum rate allowed in Buyer's State, if lower) from their due date until paid. Buyer will pay all costs and expenses of collection of overdue accounts, including reasonable solicitor's fees. Each job shall be considered a separate and independent transaction, and payment therefore shall be made accordingly. If delivery is delayed by Buyer, JRS Welding & Fabrication Pty Ltd, has the right to issue invoice on the date he is prepared to make delivery. If the work covered by the purchase order is delayed by Buyer, the invoiced amount shall be based on the purchase price and the percentage of completion. Products held for Buyer shall be at the risk and expense of Buyer. JRS Welding & Fabrication Pty Ltd reserves the right to ship to its order and make collection by sight draft with bill of lading attached. If, in the judgement of JRS Welding & Fabrication Pty Ltd, the financial condition of Buyer at any time does not justify continuation of production on the terms of payment originally specified. JRS Welding & Fabrication Pty Ltd may require full or partial payment in advance. in the event of bankruptcy or insolvency by Buyer or in the event any proceeding is brought by or against Buyer under the bankruptcy or insolvency laws JRS Welding & Fabrication Pty Ltd shall be entitled to cancel any order then outstanding and shall receive reimbursement for its cancellation charges.
8. LIMITED WARRANTY - JRS Welding & Fabrication Pty Ltd warrants goods and services sold by it to be free from defects in materials and workmanship to equal or exceed the applicable published ratings and specifications at the time of delivery, or in the case of custom made merchandise or prototypes the specifications agreed on, under proper storage and use, for a period of thirty-six (36) months from the date of the original shipment. Buyer's approval of prototype shall be proof that the design meets the agreed specification.
JRS Welding & Fabrication Pty Ltd entire liability and obligation to Buyer under this warranty shall be expressly limited to the repair, replacement or crediting, as JRS Welding & Fabrication Pty Ltd may determine at its sole discretion, of any defective or nonconforming merchandise for which Buyer has first given written notice to JRS Welding & Fabrication Pty Ltd of such defect or nonconformity in the manner as provided below. No claim under this warranty shall be valid unless within thirty (30) days of its receipt of any merchandise hereunder, Buyer shall furnish JRS Welding & Fabrication Pty Ltd in writing notice of any defect in materials and/or workmanship or any nonconformity with any applicable specifications, specifying in detail any such defect or non- conformity. Absent such timely notice, Buyer shall be deemed to have waived any such defect or nonconformity which could be determined based upon a reasonable inspection of such goods. With respect to orders contemplating a series of shipments of merchandise by JRS Welding & Fabrication Pty Ltd or Buyer, unless Buyer notifies JRS Welding & Fabrication Pty Ltd in writing within thirty (30) days of the initial shipment of any nonconformity with any applicable specifications, then Buyer shall be deemed to have waived such nonconformity with respect to subsequent shipments involving the same specifications. Other than with respect to the repair, replacement, or crediting of defective merchandise by JRS Welding & Fabrication Pty Ltd under the limited warranty as provided above JRS Welding & Fabrication Pty Ltd shall have no obligation to Buyer with respect to any monetary damages by reason of such nonconformity or defect, and in no event shall JRS Welding & Fabrication Pty Ltd be liable to Buyer for any lost profits or consequential damages. JRS Welding & Fabrication Pty Ltd shall have the option, exercisable in its sole discretion, of requiring the return to it or an authorized representative of the defective merchandise, transportation prepaid, for inspection. No warranty claim will be allowed which, in the opinion of JRS Welding & Fabrication Pty Ltd, resulted from merchandise being altered or repaired by other than JRS Welding & Fabrication Pty Ltd or an authorized representative or resulted from misuse, negligence or accident. In the event that some, but not all items of merchandise are defective within the terms of the limited warranty set forth above, the repair, replacement or crediting of defective merchandise at JRS Welding & Fabrication Pty Ltd option shall apply only to such defective items falling within the terms of such limited warranty and Buyer shall have no right to return or seek credit for any items not so defective. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE, AND JRS Welding & Fabrication Pty Ltd SHALL HAVE NO FURTHER OR ADDITIONAL OBLIGATION WITH RESPECT TO ANY MERCHANDISE SOLD TO BUYER. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED.
JRS Welding & Fabrication Pty Ltd entire liability and obligation to Buyer under this warranty shall be expressly limited to the repair, replacement or crediting, as JRS Welding & Fabrication Pty Ltd may determine at its sole discretion, of any defective or nonconforming merchandise for which Buyer has first given written notice to JRS Welding & Fabrication Pty Ltd of such defect or nonconformity in the manner as provided below. No claim under this warranty shall be valid unless within thirty (30) days of its receipt of any merchandise hereunder, Buyer shall furnish JRS Welding & Fabrication Pty Ltd in writing notice of any defect in materials and/or workmanship or any nonconformity with any applicable specifications, specifying in detail any such defect or non- conformity. Absent such timely notice, Buyer shall be deemed to have waived any such defect or nonconformity which could be determined based upon a reasonable inspection of such goods. With respect to orders contemplating a series of shipments of merchandise by JRS Welding & Fabrication Pty Ltd or Buyer, unless Buyer notifies JRS Welding & Fabrication Pty Ltd in writing within thirty (30) days of the initial shipment of any nonconformity with any applicable specifications, then Buyer shall be deemed to have waived such nonconformity with respect to subsequent shipments involving the same specifications. Other than with respect to the repair, replacement, or crediting of defective merchandise by JRS Welding & Fabrication Pty Ltd under the limited warranty as provided above JRS Welding & Fabrication Pty Ltd shall have no obligation to Buyer with respect to any monetary damages by reason of such nonconformity or defect, and in no event shall JRS Welding & Fabrication Pty Ltd be liable to Buyer for any lost profits or consequential damages. JRS Welding & Fabrication Pty Ltd shall have the option, exercisable in its sole discretion, of requiring the return to it or an authorized representative of the defective merchandise, transportation prepaid, for inspection. No warranty claim will be allowed which, in the opinion of JRS Welding & Fabrication Pty Ltd, resulted from merchandise being altered or repaired by other than JRS Welding & Fabrication Pty Ltd or an authorized representative or resulted from misuse, negligence or accident. In the event that some, but not all items of merchandise are defective within the terms of the limited warranty set forth above, the repair, replacement or crediting of defective merchandise at JRS Welding & Fabrication Pty Ltd option shall apply only to such defective items falling within the terms of such limited warranty and Buyer shall have no right to return or seek credit for any items not so defective. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE, AND JRS Welding & Fabrication Pty Ltd SHALL HAVE NO FURTHER OR ADDITIONAL OBLIGATION WITH RESPECT TO ANY MERCHANDISE SOLD TO BUYER. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED.
9. LIMITATION OF LIABILITY JRS Welding & Fabrication Pty Ltd sole liability and Buyer's exclusive remedy for damages from any cause whatsoever (and regardless of the form of action) shall be limited to the repair, replacement or crediting, at JRS Welding & Fabrication Pty Ltd sole option pursuant to the limited warranty set forth above, of the specific merchandise that cause the damages or are the subject matter of, or directly related to the cause of action. In no event shall JRS Welding & Fabrication Pty Ltd be liable for damages caused by Buyer's negligence of for any lost profits, or other incidental or consequential damages, including loss to other machinery or equipment of which a product of JRS Welding & Fabrication Pty Ltd is a part, even if JRS Welding & Fabrication Pty Ltd has been advised of the possibility of such damages. 10. FORCE MAJEURE - JRS Welding & Fabrication Pty Ltd shall not be liable for any failure or delay in manufacture or delivery resulting from any cause beyond the reasonable control o JRS Welding & Fabrication Pty Ltd f, including by way of illustration and not by way of limitation, compliance by JRS Marine Engineering with any Government or military regulation, or from acts of God, fires, or other casualty or accident, strikes, lockouts, factory shutdowns, or alterations, embargoes, riots or other disorders, delays or shortages in transportation, or inability to obtain sufficient quantity of fuel, power, labour, manufacturing facilities of materials or other supplies from the usual sources of JRS Welding & Fabrication Pty Ltd . Neither shall JRS Welding & Fabrication Pty Ltd be held to the price of the product in his quotation and/or order acknowledgement, in the event cost of materials needed for JRS Welding & Fabrication Pty Ltd manufacturing process of the product, as the result of events listed in this paragraph, and being beyond the reasonable control of JRS Welding & Fabrication Pty Ltd , would increase beyond what can normally be expected during the life of the contract. Should such cost increases occur, JRS Welding & Fabrication Pty Ltd and the Buyer agree to re-negotiate the price for the product based on the actual cost increases to JRS Welding & Fabrication Pty Ltd for the Buyer's product as a result of said price increases of materials used in the manufacturing of the product in question. 11. CANCELLATION - Cancellation of orders will be subject to a Cancellation Charge equal to 10% of the Order Value, or the value of material and work performed on the cancelled Product at the time of cancellation, whichever is greater.
12. RETURN POLICY - At the discretion of JRS Welding & Fabrication Pty Ltd, unused and undamaged Standard Products may, under certain circumstances, be accepted back for credit or exchange. A restocking charge may apply. Please consult the factory. Custom made products which are returned as defective, but are found to meet the specifications agreed upon, will be subject to an inspection charge.
13. DISPUTES - This Agreement shall in all respects be governed by the laws of the State of New South Wales.
12. RETURN POLICY - At the discretion of JRS Welding & Fabrication Pty Ltd, unused and undamaged Standard Products may, under certain circumstances, be accepted back for credit or exchange. A restocking charge may apply. Please consult the factory. Custom made products which are returned as defective, but are found to meet the specifications agreed upon, will be subject to an inspection charge.
13. DISPUTES - This Agreement shall in all respects be governed by the laws of the State of New South Wales.