Ts & Cs
Thank you for shopping with Jed’s Speed Shop, as with all businesses we to have our own terms and conditions. Please take the time to read through and understand “Jed’s speed shops” Ts&Cs. We thank you for schoosing Jed’s speed shop as your preferred speed shop.
1.1 “Jeds’s Speed Shop” shall mean The Trustee for the Cuda Trust (ABN 50 560 972 073), trading as Jed’s Speed Shop, its successors and assigns or any person acting on behalf of and with the authority of Jed’s Speed Shop.
1.2 ”Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, order form, invoice, or other form as provided by Jed’s Speed Shop to the Customer and/or any Guarantor provided for the purposes of securing the Customer’s obligations under these Terms and Conditions.
1.3 “Us” or “we” means Jed’s Speed Shop as named above.
1.4 “You” means the Customer.
1.5 “Agreement” shall mean these Terms and Conditions and any Invoice.
1.6 “Invoice” means any invoice issued by us to you.
1.7 “GST” has the meaning given to that term in the GST Law.
1.8 “GST Law” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.9 ‘Guarantor’ means that person (or persons) who agrees to secure and be liable for the debts of the Customer as if he/she were principally liable as the Customer.
1.10 “Products” shall mean all Products supplied by Jed’s Speed Shop to the Customer (and where the context so permits) shall mean any spare parts, goods or materials supplied by us to you.
1.11 “Proof of Sale” shall mean the original receipt for the Products provided by us to you. Photographs of receipts are explicitly excluded.
1.12 ‘Price' shall mean the Price payable for the Products as agreed between Jed’s Speed Shop and the Customer in accordance with Clause 3 hereof.
1.13 In the interpretation of these Terms and Conditions, unless the context or subject matter requires otherwise:
1.13.1 a reference to a party includes that party's executors, administrators, substitutes, successors and permitted assigns;
1.13.2 each covenant by two or more persons as a party is made jointly by all and severally by each;
1.13.3 the singular includes the plural and vice versa.
2. ACCEPTANCE
2.1 The Customer agrees to purchase and Jed’s Speed Shop agrees to sell the Products in accordance with these Terms and Conditions.
2.2 These Terms and Conditions shall apply to all Products and/or Services sold by Jed’s Speed Shop to the Customer unless otherwise agreed to in writing.
2.3 These Terms and Conditions are deemed to be incorporated into all agreements (whether made in writing or otherwise) and contracts for the purchase of Products and/or Services by the Customer from Jed’s Speed Shop and will prevail over any inconsistent terms in any document of any third-party supplier unless otherwise agreed to in writing.
2.4 If the Customer places an order with Jed’s Speed Shop for Products (whether in writing or otherwise) or enters into a contract with Jed’s Speed Shop for the provision of Products, the Customer is taken to have accepted these Terms and Conditions.
2.5 Upon acceptance of these Terms and Conditions by the Customer these Terms and Conditions are binding and can only be amended with the written agreement of Jed’s Speed Shop and the Customer.
2.6 The Customer shall give Jed’s Speed Shop not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by Jed’s Speed Shop as a result of the Customer’s failure to comply with this clause.
3. PRICE AND PAYMENT
3.1 At Jed’s Speed Shop’s sole discretion:
3.1.1 The Price shall be as indicated on invoices provided by Jed’s Speed Shop to the Customer in respect of Products;
3.1.2 The Price shall be Jed’s Speed Shop’s current price at the date of delivery of the Products according to Jed’s Speed Shop’s current price list; or
3.1.3 The Price of the Products shall, subject to sub-condition 3.1.2 hereof, be Jed’s Speed Shop’s quoted price which shall be binding upon Jed’s Speed Shop provided that the Customer shall accept in writing Jed’s Speed Shop’s quotation within thirty (30) days; and
3.1.4 The Price quoted by Jed’s Speed Shop is exclusive of delivery charges unless expressly stated otherwise, which are the responsibility of the Customer.
3.2 All quotations issued by Jed’s Speed Shop are valid for a period of 30 days only.
3.3 Any variation from the Products provided on an initial invoice will be charged for on the basis of Jed’s Speed Shop’s quotation and will be shown as extras on an amended, further or subsequent invoice. Payment for all extras must be made in full by the Customer.
3.4 Jed’s Speed Shop may submit detailed progress payment claims in accordance with Jed’s Speed Shop's specified payment schedule. Such payment claims may include the reasonable value of authorised variations and the value of any materials delivered to the site but not yet installed.
3.5 At Jed’s Speed Shop’s sole discretion, a deposit may be required. The deposit amount or percentage of the price will be stipulated at the time of the order of the Products and shall become immediately due and payable.
3.6 Time for payment for the Products shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be due seven (7) days from the date of the invoice.
3.7 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by Jed’s Speed Shop.
3.8 Approved credit may be revoked at any time. Jed’s Speed Shop reserves the right to suspend manufacture and delivery due to failure by the Customer to make payments when due, which suspension shall not vitiate the Customer's obligations with respect to the suspended quantity.
3.9 For all standard Product orders received within Australia, payment may be made by cash, or by cheque, or by bank cheque, or by credit card (plus any charges that may be applicable), or by EFTPOS or by any other method as agreed to between the Customer and Jed’s Speed Shop.
3.10 Receipt by Jed’s Speed Shop 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.
4.1 Delivery dates and schedules are calculated by Jed’s Speed Shop at the point of receipt of deposit monies and any information or approvals necessary to proceed with order processing;
4.2 Delivery of the Products shall be made to the Customer’s nominated address. The Customer shall make all arrangements necessary to take delivery of the Products whenever they are tendered for delivery, or delivery of the Products shall be made to the Customer at Jed’s Speed Shop’s address.
4.3 Delivery of the Products to a carrier nominated by the Customer or failing such nomination to a carrier at the discretion of Jed’s Speed Shop for the purposes of transmission to the Customer, is deemed to be delivery of the Products to the Customer. In the event of Jed’s Speed Shop nominating a carrier, the carrier shall be deemed to be the agent of the Customer.
4.4 Delivery of the Products to a carrier or third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms and Conditions.
4.5 The costs of carriage and any insurance will be the responsibility of the Customer. Jed’s Speed Shop shall not be liable for any loss or damage caused during transit. If the Customer requires insurance for the Products, the Customer should ensure that the Products are insured for full replacement value. Jed’s Speed Shop assumes no responsibility for loss and damage (howsoever arising) from damage to, or loss of, Products, whether on their journey to the Customer, or on their return to Jed’s Speed Shop from the Customer, irrespective of whether the Customer has insured the Products.
4.6 Freight terms are in accordance with the International Chamber of Commerce Incoterms 2010.
4.7 Where the Customer expressly requests Jed’s Speed Shop to leave Products outside Jed’s Speed Shop’s premises for collection, or to deliver the Products to an unattended location, then such Products shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Products are insured adequately. If the Products are damaged, destroyed or stolen prior to the Customer making full payment for the Products, Jed’s Speed Shop is entitled to receive all insurance proceeds payable in respect of the damaged, destroyed or stolen Products. The production of these Terms and Conditions by Jed’s Speed Shop is sufficient evidence of Jed’s Speed Shop's right to receive the insurance proceeds and to the extent that the Customer may have effected insurances in respect of the Products, the Customer irrevocably appoints Jed’s Speed Shop as its attorney and agent for the purposes of making and pursuing any claim for such insurance proceeds.
4.8 Any request for extension of delivery made by the Customer shall be subject to a 1.5% per month delivery extension surcharge on the gross value of a Customer’s invoice (GST inclusive).
4.9 Jed’s Speed Shop may deliver the Products by way of separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions of these Terms and Conditions.
4.10 The failure of Jed’s Speed Shop to deliver shall not entitle either party to treat any agreement as repudiated.
4.11 Jed’s Speed Shop shall not be liable for any loss or damage whatsoever due to failure by Jed’s Speed Shop to deliver the Products (or any of them) promptly or at all, due to circumstances beyond the control of Jed’s Speed Shop.
5. OCCUPATIONAL HEALTH AND SAFETY:
5.1 It is the Customer’s responsibility to ensure proper and safe use of any Products in accordance with all applicable manuals, safety standards, codes, ordinances, regulations and laws and general standards of care. This extends to the proper and safe installation of any Products.
6. TITLE
Each delivery of Products by Jed’s Speed Shop to the Customer shall be deemed to be subject to the following conditions:
6.1 Risk in the Products shall, in accordance with clauses 4.2 – 4.4 of these Terms and Conditions, pass to the Customer once the Products have been delivered by Jed’s Speed Shop to the Customer, to a carrier or third-party nominated by the Customer, or to a carrier or third-party nominated by Jed’s Speed Shop.
6.2 No title or ownership of the Products passes to the Customer until payment in full of all monies owing by the Customer to Jed’s Speed Shop in respect of Products or Services delivered has been received by Jed’s Speed Shop from the Customer and the Customer shall:
6.2.1 Store Products which have not been paid for, separately, securely, safe from damage and readily identifiable as Products of Jed’s Speed Shop and as agent, trustee and bailee of Jed’s Speed Shop;
6.2.2 The Customer may resell the Products but only as agent of Jed’s Speed Shop. Any right to bind Jed’s Speed Shop to any liability or third party by agreement or otherwise is expressly negatived. Any resale of the Products by the Customer is to be at arm's-length and on market terms and pending resale or dealing in the Products, the Products are to kept separate from the Customer's own Products and insured by the Customer with a reputable insurer and noting the interest of Jed’s Speed Shop;
6.2.3 The Customer will receive all proceeds of resale of or any dealing with the Products, whether the proceeds are tangible or intangible, whether direct or indirect, on trust for Jed’s Speed Shop and will keep such proceeds in a separate account until the liability of the Customer to Jed’s Speed Shop shall have been discharged. Such proceeds of resale shall be held in trust for Jed’s Speed Shop and shall be deemed to be equal in dollar terms to the amount owing by the Customer to Jed’s Speed Shop in respect of the Products at the time of receipt of such proceeds;
6.2.4 Jed’s Speed Shop is to have the power to appropriate payments to such Products and accounts as it thinks fit notwithstanding any appropriation by the Customer to the contrary;
6.2.5 If the Customer does not pay for any Products on the due date specified by Jed’s Speed Shop, Jed’s Speed Shop is hereby irrevocably authorised by the Customer to enter the Customer’s premises (or any premises under the control of the Customer or as agent of the Customer if the Products are stored at such premises), and use reasonable force to take possession of the Products without liability for the tort of trespass, negligence or payment of any compensation to the Customer (or its agent) whatsoever;
6.2.6 For the purpose of giving effect to and perfecting any matters contained in this clause, the Customer irrevocably appoints Jed’s Speed Shop as its attorney; and
6.2.7 The parties agree that the provisions of this clause apply notwithstanding any agreement between the parties under which Jed’s Speed Shop gives the Customer credit.
6.3 It is expressly agreed between Jed’s Speed Shop and the Customer that:
6.3.1 Neither the Products or proceeds of sale or dealing therefrom shall be available for general distribution among creditors of the Customer in the case of corporate administration, liquidation or bankruptcy;
6.3.2 Neither the Products or proceeds of sale or dealing therefrom shall be available for distribution among secured creditors of the Customer holding a fixed or floating security over the Customer; and
6.3.3 The loss of identity of Products subject to resale or dealing does not prevent the proceeds of resale or dealing being held on trust by the Customer or Jed’s Speed Shop.
6.4 The Customer acknowledges and agrees that, except as required by law, and save for the provisions of Clause 10 of these Terms and Conditions, these Terms and Conditions shall not entitle the Customer to demand or receive from Jed’s Speed Shop any site inspection or service of the Products supplied, delivered and/or installed (if applicable). Any such requirement of the Customer shall be arranged directly with Jed’s Speed Shop by way of separate agreement.
7.1 The Customer agrees that Jed’s Speed Shop may, in accordance with the terms of the Privacy Act 1988, obtain from a credit-reporting agency a credit report containing personal credit information about the in relation to credit provided by Jed’s Speed Shop.
7.2 The Customer agrees that Jed’s Speed Shop may exchange information about the Customer with credit providers named in a consumer credit report issued by a reporting agency for the following purposes:
7.2.1 To assess an application by the Customer;
7.2.2 To notify other credit providers of a default by the Customer;
7.2.3 To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and
7.2.4 To assess the credit worthiness of Customer.
7.3 The Customer consents to Jed’s Speed Shop being given a consumer credit report to collect overdue payment on commercial credit.
7.4 The Customer agrees that personal data provided may be used and retained by the Jed’s Speed Shop for the following purposes and for other purposes as shall be agreed between the Customer and Jed’s Speed Shop or required by law from time to time:
7.4.1 provision of Products and Services;
7.4.2 marketing of Products and Services by Jed’s Speed Shop, its agents or distributors in relation to the Products and Services;
7.4.3 analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Products and Services;
7.4.4 processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and
7.4.5 enabling the daily operation of a Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Products and Services.
7.5 Jed’s Speed Shop may give information about the Customer to a credit reporting agency for the following purposes:
7.6 to obtain a consumer credit report about the Customer; and/or
7.7 allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
8. PERSONAL PROPERTY SECURITIES ACT 2009
Each transaction for the sale of Products and Services and each delivery of Products and Services by Jed’s Speed Shop to the Customer, shall be deemed to be subject to the following conditions:
8.1 words and phrases used in this clause which are defined in the Personal Property Securities Act 2009("PPSA") have the same meaning in this clause;
8.2 "collateral" for the purposes of the PPSA means the Products which Jed’s Speed Shop may provide to the Customer from time to time which are the subject of this clause;
8.3 the contents of this clause is a security agreement for the purposes of the PPSA;
8.4 "dealing" means and includes the Customer using the Products and Services in some manufacturing or construction process of its own or, of a third party;
8.5 "resale" means and includes any form of sale, hire, loan or in any way parting with possession of the Products and Services.
8.6 The content of this clause and the conditions contained in it constitute a security agreement for the purposes of the PPSA in respect of which the Customer agrees that the collateral is not to be used predominantly for personal, domestic or household purposes, The Customer unconditionally and irrevocably contracts out of the following provisions of the PPSA:
8.6.1 Section 95 requiring notice to be given of removal of an accession;
8.6.2 Section 96 when a person with an interest in the whole may retain an accession;
8.6.3 Section 121 (4) requiring notice to grantor in relation to enforcement of liquid assets;
8.6.4 Section 130 requiring a secured party to give notice to a grantor in respect of disposal of collateral;
8.6.5 Section 132 (3)(d) requiring the delivery of a statement of account to a grantor after disposal;
8.6.6 Section 132 (4) requiring delivery of a statement of account if no disposal;
8.6.7 Section 135 requiring delivery by a secured party to a grantor of notice of retention;
8.6.8 Section 142 giving the right by a grantor to redeem collateral; and
8.6.9 Section 143 giving the right of a grantor to seek reinstatement of a security agreement.
8.7 The Customer consents to Jed’s Speed Shop, at the Customer's cost and expense, registering any security interest contemplated or constituted by this Clause or these conditions and agrees to sign all documents requested by Jed’s Speed Shop and to do all such things as Jed’s Speed Shop requests in order to register Jed’s Speed Shop's security interest pursuant to the PPSA including the registration of a Financing Statement, a Financing Change Statement in respect of a security interest and any other document or notice required for the purposes of the PPSA. The Customer unconditionally and irrevocably waives the right to receive a Verification Statement in relation to the registration of any security interest by Jed’s Speed Shopin respect of the collateral.
8.8 The Customer undertakes that it will not:
8.8.1 do anything which would prejudice or interfere with Jed’s Speed Shop's right to registration of its security interest pursuant to the provisions of the PPSA;
8.8.2 register or seek to register a Financing Change Statement in respect of the collateral without Jed’s Speed Shop's prior written consent; and
8.8.3 permit any further encumbrance to subsist in respect of the collateral in favour of any third party without prior the written consent of Jed’s Speed Shop.
8.9 Jed’s Speed Shop's rights pursuant to this clause are addition to and not in substitution of any other rights Jed’s Speed Shop has against the Customer.
9. SECURITY AND CHARGE
9.1 Notwithstanding anything to the contrary contained herein or any other rights which Jed’s Speed Shopmay have howsoever:
9.1.1 Where the Customer is the owner of land, realty or any other asset capable of being charged, the Customer agrees to charge its right, title and interest in the said land, realty or any other asset to Jed’s Speed Shop or the Jed’s Speed Shop’s nominee to secure all amounts and other monetary obligations payable to Jed’s Speed Shop. The Customer acknowledges and agrees that Jed’s Speed Shop shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met;
9.1.2 Should Jed’s Speed Shop elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer shall indemnify Jed’s Speed Shop from and against all Jed’s Speed Shop’s costs and disbursements including legal costs on a solicitor and own client basis.
10. DEFECTS
10.1 The Customer shall immediately inspect the Products upon delivery to ascertain their fitness for the Customer's purpose and shall within seven (7) days of delivery, or upon installation, notify Jed’s Speed Shop in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Jed’s Speed Shop an opportunity to inspect the Products within a reasonable time following delivery in the event of any alleged deficiency. If the Customer shall fail to comply with these provisions the Products shall be conclusively presumed to be in accordance with the conditions and free from any defect or damage.
10.2 For defective Products which Jed’s Speed Shop has agreed in writing that the Customer is entitled to reject, Jed’s Speed Shop’s liability is limited to (at Jed’s Speed Shop’s discretion) a refund of the purchase price of the Products, replacing the Products or repairing the Products provided that:
10.2.1 the Customer has complied with the provisions of Clause 10.1;
10.2.2 The Products are returned at the Customer’s cost within seven (7) days of receiving written confirmation from Jed’s Speed Shop that the Customer is entitled to reject the Products, or in the case of Products that have been installed, the Customer shall afford Jed’s Speed Shop an opportunity, within seven (7) days of receiving written confirmation from Jed’s Speed Shop that the Customer is entitled to reject the Products, an opportunity to inspect, rectify or de-install the Products;
10.2.3 Jed’s Speed Shop will not be liable for Products which have not been stored or used in a proper manner.
10.3 The Customer leaves Products for repair at its own risk.
11. WARRANTIES AND INDEMNITY
Mutual Warranties
11.1 Each party warrants to the other that:
11.1.1 It has the power and authority to enter into these Terms and Conditions;
11.1.2 If it enters into these Terms and Conditions as an agent for another party, it is authorised to act for its principal in the manner contemplated by these Terms and Conditions and its authority has not been withdrawn or revoked.
Jed’s Speed Shop Warranties
11.2 To the extent permitted by law, or expressly by these terms, all warranties, whether express, implied, Statutory or otherwise, relating in any way to the Products, are excluded. Jed’s Speed Shop warrants the Products to the extent of its suppliers’ warranty and excludes all other warranties to the extent permitted at Law.
11.3 Jed’s Speed Shop does not warrant that the Products are fit for a particular purpose and is unable to provide advice to Customer’s in that regard.
11.4 In the case of second-hand Products, the Customer acknowledges that it has had full opportunity to inspect the same and it accepts the same with all faults and that no warranty is given by Jed’s Speed Shopas to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded.
11.5 The limit of the Jed’s Speed Shop's liability in respect of any warranty claim shall be at Jed’s Speed Shop’s sole discretion, either refunding the purchase Price of the Products, replacing the Products or with similar Products or repairing the Products or paying for the repair of the Products.
Indemnity
11.6 Other than as expressly provided for in this Clause 11, Jed’s Speed Shop will not be liable for any loss or damage (including indirect/consequential loss or damage, which includes without limitation, loss of profits and loss of revenue) of any kind whatsoever.
Customer Warranties
11.7 The Customer warrants that, in purchasing the Products from us:
11.7.1 It does not rely on the skill or judgment of Jed’s Speed Shop as to the suitability of the Products for any particular purpose;
11.7.2 All warranties which may be excluded by agreement relating in any way to the Products are excluded;
11.7.3 Jed’s Speed Shop is not liable to accept a return of any Products, or to replace or repair any defective Products beyond its obligations to do so under the manufacturer’s warranty;
11.7.4 If, notwithstanding the exclusion of liability in these Terms and Conditions, Jed’s Speed Shop is liable for a breach of warranty, then Jed’s Speed Shop’s liability shall be limited, at its option, to repairing or replacing Products, or paying a repairer or supplier the cost to repair or replace the Products;
11.7.5 The Customer acknowledges that Jed’s Speed Shop advised the Customer that Products must be fitted by suitably qualified tradespersons.
11.7.6 Any Products damaged during installation, or off-road use, will not be considered faulty and will not be accepted for return by Jed’s Speed Shop.
11.7.7 The Customer indemnifies and will keep indemnified Jed’s Speed Shop upon demand against all loss, damage, costs (including legal costs on a solicitor and own client basis) or liability whatsoever suffered or incurred by Jed’s Speed Shop, arising out of or in connection with:
11.7.7.1 Any breach of these Terms and Conditions by the Customer; and/or
11.7.7.2 Any death or injury to a person, any loss or damage to real or personal property caused by the Customer’s act or omission.
12. GOVERNMENT RESTRICTIONS
12.1 Jed’s Speed Shop’s performance under any contract is subject to the issuance of any required export licence or other necessary Government authorisation.
12.2 Jed’s Speed Shop has the right to terminate, without liability, any proposal, order or contract if Jed’s Speed Shop determines such sale, export or delivery violates relevant law.
12.3 Termination under this Clause will not affect the right of Jed’s Speed Shop to recover the contract Price for any unpaid Products and Services already delivered or provided.
12.4 The Customer shall not export or re-export any Product in violation of relevant law and it is understood that machinery, equipment, documentation and software, if any, including technical data, may not be exported or re-exported in violation of the U.S. Export Administration Act, its implementing laws and regulations, the laws and regulations of other U.S. agencies or the export and import laws of the jurisdiction in which this machinery, equipment, documentation and software, if any, including technical data was obtained.
12.5 Export to or from any individual, entity, or country specifically prohibited by relevant law represents a breach of these Terms and Conditions.
13. DEFAULT AND CONSEQUENCES OF DEFAULT
13.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2% higher than the rate prescribed by the Penalty Interest Rates Act 1983.
13.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Jed’s Speed Shop from and against all of Jed’s Speed Shop’s costs and disbursements including on a solicitor and own client basis and in addition all of Jed’s Speed Shop's costs of collection.
13.3 Without prejudice to any other remedies Jed’s Speed Shop may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Jed’s Speed Shop may suspend or terminate the supply of Products and Services to the Customer and any of its other obligations under these Terms and Conditions. Jed’s Speed Shop will not be liable to the Customer for any loss or damage the Customer suffers because Jed’s Speed Shop has exercised its rights under this Clause;
13.4 In the event that:
13.4.1 any money payable to Jed’s Speed Shop becomes overdue, or in Jed’s Speed Shop’s opinion the Customer will be unable to meet its payments as they fall due;
13.4.2 the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors;
13.4.3 a receiver, manager, administrator, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer
then without prejudice to Jed’s Speed Shop’s other remedies at law, Jed’s Speed Shop shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to Jed’s Speed Shop shall, whether or not due for payment, immediately become payable. Further, Jed’s Speed Shop may refuse or withdraw any further extension or provision of credit to the Customer.
14. RETURNS AND CANCELLATION
14.1 Jed’s Speed Shop may, at its sole discretion, within thirty (30) days of the date of delivery of the Products, accept “change of mind” return of the Products in exchange for a refund by way of Electronic Funds Transfer. The Customer must provide Proof of Sale in order to receive a refund and the Products must be unopened and in their original packaging. Jed’s Speed Shop reserves the right to reject a Customer’s request for refund for “change of mind” in circumstances where Proof of Sale cannot be provided and where the Products are returned opened, or not in their original packaging.
14.2 All Products returned are subject to a 10% re-stocking fee.
14.3 Additional fees will apply for any Products returned damaged, incomplete, or not in the original packaging.
14.4 Jed’s Speed Shop may cancel any contract to which these Terms and Conditions apply or cancel delivery of Products at any time before the Products are delivered by giving written notice to the Customer. On giving such notice Jed’s Speed Shop shall repay to the Customer any sums paid in respect of the Price. Jed’s Speed Shop shall not be liable for any loss or damage whatsoever arising from such cancellation.
14.5 In the event that the Customer cancels delivery of Products, the Customer shall be liable for any loss incurred by Jed’s Speed Shop (including, but not limited to, any loss of profits) up to the time of cancellation. Jed’s Speed Shop reserves the rights to charge a re-stock fee:
14.5.1 of no less than 10% on any Products returned in their original unmodified condition; and
14.5.2 of no less than 50% on any Products returned in a modified or manufactured condition (which will only be accepted for return in special circumstances);
at the absolute discretion of Jed’s Speed Shop.
15. DISPUTE RESOLUTION
15.1 In the event of any grievance or dispute concerning the subject matter of these Terms and Conditions, save for any interlocutory relief which is required by a party, no party shall institute proceedings in any Court having jurisdiction without first having complied with the provisions of Clause 15.2.
15.2 Jed’s Speed Shop and the Customer agree that, in the event of a grievance or dispute arising between them in relation to or concerning the subject matter of these Terms and Conditions, the following procedures shall be undertaken:
15.2.1 the aggrieved party shall notify the other party in writing of the existence of the dispute and provide written details of the grounds of dispute; and
15.2.2 the parties shall meet and endeavour to resolve the dispute by negotiation within seven (7) days of receipt of the notice of the dispute.
15.3 If the parties are unable to resolve the dispute by negotiation, then either of the parties may elect whether to refer the dispute to mediation. If the parties are unable to agree on a process for resolving the dispute within two (2) days of the meeting referred to in sub-Clause 15.2.2 above, then the dispute shall be referred to mediation to be conducted in accordance with the Mediation Guidelines promulgated from time to time by the Law Institute of Victoria.
15.4 The mediator shall be chosen and appointed jointly by the parties. The costs of the mediator shall be shared equally by the parties. If the parties are unable to agree on a mediator, then the President of Law Institute of Victoria shall appoint one for the parties.
15.5 If the parties are unable to resolve the dispute by mediation they shall submit to the jurisdiction of the Courts of the State of Victoria (as the case may be) and any Court competent to hear appeals therefrom.
16. GENERAL
16.1 Any provision of these Terms and Conditions which is unenforceable or partly unenforceable is to be severed to the extent necessary to make these Terms and Conditions enforceable, unless this would materially change the intended effect entirety of these Terms and Conditions.
16.2 The parties agree and acknowledge that prior to having entered into these Term and Conditions they have:
16.2.1 carefully read the provisions of these Terms and Conditions and understood them; and
16.2.2 not relied upon any statement, representation or warranty made by another party, its officers, servants, agents or solicitors in relation to the subject matter of these Terms and Conditions other than as set out herein.
16.3 Jed’s Speed Shop takes no responsibility for changes in the law which affect the Products and/or Services supplied.
16.4 Jed’s Speed Shop may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
16.5 Jed’s Speed Shop reserves the right to review these Terms and Conditions at any time and from time to time. If, following any such review, there is to be any change in such conditions, that change will take effect from the date on which Jed’s Speed Shop notifies the Customer of such change.
16.6 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Jed’s Speed Shop nor to withhold payment of any invoice because part of that invoice is in dispute.
16.7 In the event of translation of these Terms and Conditions to a language other than English, the English language translation shall prevail.
16.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
16.9 Jed’s Speed Shop shall have the benefit of all rights and remedies provided by law or equity. Failure of Jed’s Speed Shop to exercise or reserve any right or remedy, or term or condition of any contract, shall not be construed as a waiver or relinquishment of any of the other right, remedy, term or condition of any contract or the future performance or exercise of any such term, condition, right or remedy.
16.10 These Terms and Conditions constitute the entire agreement and understanding between the parties concerning its subject matter and succeeds and cancels all other previous agreements, contracts, statements and understandings, whether verbal or in writing.