JMACX Offroad Solutions Terms & Conditions

These are the entire Terms and Conditions of Sale of all Goods, merchandise and services (“the Goods”) supplied by JMACX Off road Solutions (ABN 24 335 506 695) in association with Teebro Pty Ltd (all of which are referred to as “JMACX Off road Solutions”) to any person, firm or company placing an order with JMACX Off road Solutions for the purchase of any Goods (“the Customer”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of JMACX Off road Solutions and Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer. The term “JMACX Off Road Solutions HQ” refers to the geographic location of the workshop located at Bell creek QLD.

    1. ACCEPTANCE OF TERMS

      1. The customer is deemed to comprehend English and have read, understood and accepted these Terms if at any time they place an order for Goods through the Website, request a Quote for Goods or Service, or pay any deposit or any other monies in relation to an order.
      2.  The Customer and / or Guarantor have had the benefit of independent legal advice (or waived the right to do so) before entering this Agreement and any Related Agreements.

    2. GENERAL

      1. All orders placed with JMACX Off Road Solutions shall only be accepted subject to these Terms and Conditions, and JMACX Off Road Solutions is not bound to accept any order. JMACX Off Road Solutions may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall be as found on JMACX Off Road Solutions website.
        1. If the Customer cancels or alters any order or Special Orders for special Goods or standard Goods with special materials at any time after JMACX Off Road Solutions has received the order then JMACX Off Road Solutions reserves the right to charge to the Customer the costs of any special Goods or materials already acquired for the order together with the cost of any labour and tooling expended to the date of such cancellation or alterations.
        2. In this clause “Special Orders” means “any item that JMACX Off Road Solutions does not currently carry as a stocked part, line or part of any line.
      2. Goods and Services Tax (“GST”) Sales Tax or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to JMACX Off Road Solutions on demand and the Customer shall indemnify and keep indemnified JMACX Off Road Solutions in respect of all taxes and duties including GST arising out of any sale of Goods or the subsequent use of Goods after the sale to the Customer.
      3. JMACX Off Road Solutions may amend or update these terms and conditions of use from time to time without notice to you. You agree that you will comply with any additional terms and conditions that have been made available to you for download on the website at www.jmacx.com.au. Such additional terms and conditions are incorporated by reference into these terms and conditions. JMACX Off road Solutions may provide Goods to approved Installers and Authorised Distributors. Refer to Authorised dealer and installers agreement Terms and Conditions.
      4. JMACX Off road Solutions makes no representation or warranty to the suitability of the Goods for the Customer’s purposes. It is the Customer’s responsibility to satisfy themselves as to such suitability.
      5. To the extent permitted by law any typographical, accounting, clerical or other administrative error in sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information issued by JMACX Off road Solutions shall be subject to correction without liability on the part of JMACX Off road Solutions.
      6. JMACX Off Road Solutions may in our absolute discretion cancel or postpone appointments in relation to services if it is reasonable for us to do so or is in our legitimate business interests to cancel or postpone the appointment.
      7. JMACX Off Road Solutions may sell to market other manufactures products with specific warranty terms and conditions. Refer directly to the other manufactures Warranty, Terms & Conditions.
      8. JMACX Off Road Solutions is not responsible for, and the customer releases us from any claims relating to any future issue or problem that arises with the vehicle that is directly or indirectly related to the modifications or a result of the modifications.
      9. The customer acknowledges that JMACX Off Road Solutions also recommend to make your own enquires in relation to the impact on your vehicle warranty as a result of the modifications being conducted. It is the customers responsibility to make these enquires prior to giving JMACX Off Road Solutions the authority to carry out any work on the vehicle.
      10. Display on this website does not guarantee the availability of any particular Good(s) therefore all orders placed through this Website shall be subject to confirmation of acceptance by us. Orders for service shall be subject to confirmation of suitable timeframes between the customer and JMACX for provision of the services.

    3. ENGINEERING

      1. JMACX Off Road Solutions use independent third party VASS certified engineers. JMACX Off Road Solutions are not liable for any errors, omissions or non compliant decisions
        incurred by the signing engineer.

    4. TUNNING

      1. In this document “ Re calibration” refers to any works carried out on your vehicle by us on the ECU module.
      2. Travel time and cost to rectify failed ECU writes or updates to a vehicle’s engine software because of Vehicle servicing or OEM dealer updates are not covered in the normal cost of Goods or services provided.
      3. JMACX Off Road Solutions will not be liable for any issues with a vehicle or ECU where there is an existing mechanical problem with the vehicle, or where information about vehicle repairs and modifications has not been supplied in advance.

    5. PRICES

      1. Prices are quoted and payable in Australian currency and exclusive of delivery costs, taxes, duties and any costs, if chargeable, are payable by the customer.
      2. Prices quoted are firm for seven (7) days and thereafter are subject to increases without notice, to such increased amount necessary to cover any extra costs to JMACX Off road Solutions as a result of increases since the date of quotation in cost of materials, labour,
        freight, insurance, tariffs, duties, taxes and manufacturing costs generally.
      3. Changes to an accepted sales order must be emailed to JMACX Off road Solutions. Changes to an order may affect the supply time and incur additional costs to the Customer. When a sale order reaches a certain point in time as specified by JMACX Off road Solutions, changes may not be possible due to the advancement of the order in the supply process.
      4. Freight quotes are only valid for seven (7) days. JMACX Off road Solutions will not be held responsible for any increases in freight costs.

    6. QUOTES

      1. JMACX reserves the right to cancel or modify a Quote at any time before the Customer has accepted a Quote.
      2. To the extent permitted by law, JMACX shall not be liable for any errors or omissions in a quote.
      3. The Customer will not be entitled to cancel or refuse delivery of, or payment for, any order made by it which has been accepted by the Seller.
      4. No quotation by JMACX Off road Solutions shall constitute an offer.

    7. SERVICES/WORKS AT JMACX HQ PREMISES

      1. Where JMACX is required to preform services with respect to a customer’s vehicle at JMACX Off road Solutions HQ Premises:
        1. Unless otherwise agreed, the Customer is responsible for delivering and collecting the customer’s vehicle from JMACX premises at its own cost.
        2. To the extent permitted by law, JMACX shall not be liable to the Customer for any claim arising due to damage or loss of the Customer’s vehicle while it is on JMACX premises.
        3. All vehicles delivered to JMACX HQ premises must be fully insured and documented prior to commencing any work activities.
        4. You acknowledge that previous issues with vehicle will not be covered and or repaired at the cost of JMACX after modifications are carried out, it is under the customer responsibilities to ensure that the vehicle has no underlying issues before modification are carried out. The customer is aware that issues may arise after modifications are carried out but are not directly related to the modifications carried out by JMACX.
      2. Authority In Respect Of The Vehicle You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services in respect of your vehicle, including (but not limited to):
        1. Access to and entering the vehicle including canopy;
        2. Working on your vehicle;
        3. Creating a suitable work space or environment to work on your vehicle; and
        4. Test driving your vehicle (including driving your vehicle to another location outside of
          the premises)

    8. ORIGINAL PARTS REMOVED FROM SERVICE

      1. In some circumstances, it may be necessary for JMACX to remove parts from the Customer’s Vehicle (Removed Parts) in order to carry out the fitment of replacement parts and accessories
      2. The Customer acknowledges and agrees that the Removed Parts are in most situations unavoidably destroyed and unsuitable for re-use. JMACX will dispose of the Removed Parts.
      3. If the Customer wishes to retain the factory wheels & Tyres, they must inform JMACX before the commencement of the Services. If so, the Customer must collect the Removed Parts on the day that the Customer’s Vehicle is collected. The Customer is solely responsible for loading and transport, and acknowledges that due to their condition, the Removed Parts may not be able to be moved inside the Customer’s Vehicle.

    9. COLLECTION OF VEHICLE

      1. Please be advised that we may require the adequate amount of time to carry out work on the vehicle (please refrain from returning to collect your vehicle unless notified by a JMACX staff member), we will do the best we can to get your vehicle back to you in a timely manner but the unforeseen may happen. JMACX will not be liable for any losses or damages due to customer time constraints.
      2. The collection of your vehicle is subject to the provisions of the Disposal of Uncollected Goods Act 1967. (“Act”) You acknowledge that a notice is displayed at our premises as required by section 6 of the Act and that acceptance of the vehicle by us confers upon
        us a lien and a right of sale in accordance with the Act. This legislation gives mechanics the right to retain a vehicle until the bill for repairs is paid. Under the legislation, if the bill is not paid and the vehicle collected within six months, the mechanical business has the right to sell the vehicle so that the bill can be paid.

    10. TERMS OF PAYMENT

      1. The granting of credit to a Customer shall be at the absolute discretion of JMACX Off road Solutions and unless otherwise advised by JMACX Off road Solutions in writing, the Customer shall make payment of all amounts payable as arranged in terms set by
        JMACX Off road Solutions and notified by email.
      2. Customers shall not be entitled to withhold payment of any account by reason of any account/invoice query, dispute or set off. The Customer agrees to pay JMACX Off road Solutions administration and handling fees in respect of any copies of documents required or other processing involved in the conduct of the account including but not limited to account administration fees, Merchant or other fees incurred as a result of payment by credit or charge card or Bpay or payment by any other means and such fees will be charged to the Customer’s account.
      3. Payment made by electronic funds transfer (EFTPOS) must be confirmed as cleared. 
      4. The Customer may be required to pay a non-refundable deposit to secure supply of the Goods and/or a booking date for installation at JMACX Offroad Solutions Head Office. 
      5. All Goods are supplied excluding installation, works, labour unless noted on the proforma invoice/invoice. 
      6. If the Customer fails to make payment in accordance with Clause 6 JMACX Off road Solutions shall be entitled to:
        1. Require the payment of cash upon delivery of any further Goods;
        2. Charge an interest charge at the rate of two point five percent (2.5%) above the Suncorp Bank’s Variable Benchmark lending rate as from to time applicable per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid, such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but is a
          true measure of damages incurred by the JMACX Off road Solutions. Payments received from the Customer will be credited first against any interest charge and all such fees shall be payable on demand;
        3. Claim from the Customer all costs, expenses and charges incurred on any account whatsoever including but not limited to any action taken by JMACX Off road Solutions to recover monies or Goods due from the Customer including but not limited to any mercantile agents costs and legal costs and disbursements on a solicitor-client basis.
        4. Charge a restocking fee of 20%; additional freight charges may also apply.
      7. Customers having overdue accounts will be precluded from participating in any special deals, discounts, rebates, bonus payments, redemption’s and all other incentive
        programs until their accounts are no longer overdue.
      8. Goods will not be released without cleared full payment that has been verified by JMACX Off Road Solutions accounts department.
      9. The customer must confirm JMACX Off Road Solutions bank details via phone call prior to making payment. Even if the details are provided on a JMACX Off Road Solutions invoice this is still required.
      10. JMACX Off Road Solutions will not be held accountable for any payment re direction scams when the customer has not followed the advice of JMACX Off Road Solutions.

    11. DELIVERY

      1. All items are quoted out of JMACX Off road Solutions Head Office unless stated otherwise.
      2. As delivery is outsourced shipping time frames are out of the control of JMACX Off road Solutions. If the Customer has not received the delivery within a standard delivery time frame, please contact via phone or email sales@jmacx.com.au.
      3. The Customer shall be responsible for the cost of any delivery made out of JMACX Off road Solutions Head Office store. If JMACX Off road Solutions is requested to arrange for delivery of products beyond the store, the Customer shall pay the delivery charges stipulated by JMACX Off road Solutions. JMACX Off road Solutions shall in all cases be entitled to choose the method of transport.
      4. Unless otherwise indicated by Customer, JMACX will utilise the services of its preferred freight provider.
      5. Any date or time quoted for delivery is an estimate only and JMACX Off road Solutions shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render JMACX Off road Solutions liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
      6. JMACX Off road Solutions obligation to deliver shall be discharged on arrival of the Goods at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Customer shall unload the Goods upon delivery, provided that if the Customer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, JMACX Off road Solutions shall be entitled to charge a fee for any delay experienced or arrange for the storage of the Goods at the risk and cost of the Customer including all transportation, storage and other consequential costs. JMACX Off road Solutions may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these Terms and Conditions of Sale.
      7. JMACX Off road Solutions may, at its discretion deliver the Goods in separate instalments in any sequence. Where such Goods are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by JMACX Off road Solutions in respect of any one or more instalments shall
        vitiate the Contract in respect of Goods previously delivered or undelivered Goods.
      8. JMACX Off road Solutions may use subcontractors to deliver the Goods or Services. To the extent permitted by law, the Customer agrees to continually indemnify and hold harmless JMACX and its Representatives from any loss suffered or incurred caused by
        any subcontractor.

    12. INSPECTION

      1. The Customer shall examine the Goods immediately upon delivery. If there are issues with the Goods the Customer must complete the online “Orders and Returns Request Form” available at www.jmacx.com.au within two (2) business days of the delivery. If the Customer has not completed this online form within two (2) business days, the Goods are deemed to have been accepted by the Customer. JMACX Off road Solutions shall not be liable for any miss delivery, shortage, defect or damage unless JMACX Offroad Solutions receives details in writing.
      2. If there is visible freight damage to the Goods, a photo of the shipment should be photographed by the Customer prior to opening packaging and if the freight has caused damage to the Goods, then these photographs should be submitted with the online “Orders and Returns Request Form” available at www.jmacx.com.au.

    13. PROPERTY AND RISK

      1. Notwithstanding delivery of the Goods or their installation, property in any given Goods shall remain with JMACX Off road Solutions until the Customer has paid and discharged any and all other indebtedness to JMACX Off road Solutions on any account
        whatsoever, including all applicable GST and other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
      2. The risk in the Goods including insurance responsibility shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer, or at completion of the installation of the Goods to vehicles fitted at JMACX Off road Solutions Head Office.
      3. The Customer acknowledges that it is in possession of the Goods solely as a bailee for JMACX Off road Solutions until payment as defined in clause 6 has been made in full to JMACX Off road Solutions and until such payment:
      4. The Customer shall be fully responsible for any loss or damage to the Goods
        whatsoever and howsoever caused following delivery; and:-
        1. The Customer shall store the Goods separately from its own Goods and those of any other party and in a manner, which clearly identifies the Goods, whether as separate chattels or as components, as the property of JMACX Off road Solutions.
        2. The Customer shall maintain records of Goods owned by JMACX Off road Solutions identifying them as JMACX Off road Solutions property, of the persons to whom the Goods are sold or disposed to and of the payments made by such persons for such Goods. The Customer shall allow JMACX Off road Solutions to inspect these records and the Goods themselves on request.
        3. The Customer hereby irrevocably grants to JMACX Off road Solutions, its agents and servants, an unrestricted right and licence, without notice to enter premises occupied by the Customer to identify and remove any of the Goods the property of JMACX Off road Solutions in accordance with the Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the customer. JMACX Off road Solutions shall have the right to sell or dispose of any such Goods removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby.
        4. In the event that the Goods are sold by the Customer then the monies from such sale are to be held on trust for JMACX Off road Solutions.
      5. JMACX Off road Solutions do not give the right to on-sell, deal or otherwise dispose of the Goods unless approval has been granted with an authorised Installer and Authorised Distributor (refer to JMACX Authorised Installers and Distributors Terms and Conditions). An approved seller, in the normal course of trade may be revoked at any time by JMACX Off road Solutions and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to JMACX Off road Solutions.
      6. Following installation of the Goods at JMACX Off road Solutions no factory items will be returned to the Customer with the exception of wheels and tyres. Wheels and tyres must be collected from JMACX Off road Solutions store within 7 days of the completion of the Customers vehicle product installation. If the Customer requires delivery of their wheels and tyres, additional charges will be incurred for shipping and delivery. If these items are not collected within 7 days, become the property of JMACX Off road Solutions.

    14. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPS ACT”)

      1. JMACX Off road Solutions and The Customer hereby acknowledge that the PPS Act applies to all transactions pursuant to the Terms and Conditions of Sale or otherwise.
      2. The Customer hereby acknowledges that it will grant a security interest in all present and after acquired Goods as security for all monies now and in the future owing by the Customer.
      3. The Customer hereby agrees to do all such things and sign all such documents as are necessary and reasonably required to enable JMACX Off road Solutions to acquire a perfected security interest in all Goods supplied.
      4. The Customer hereby agrees to provide such information as is required to enable registration of a Purchase Money Security Interest (“PMSI”) under the PPS Act.
      5. The Customer hereby acknowledges that a PMSI is granted in priority to all other Creditors by the Customer in favour of JMACX Off road Solutions and in all Goods that are supplied from time to time as security for the Customer’s obligations to JMACX Off road Solutions.
      6. The Customer hereby acknowledges that it will indemnify JMACX Off road Solutions for any liability for any costs of registration, maintenance, enforcement or discharge or security interest and such other costs and expenses as JMACX Offroad Solutions may
        incur.
      7. The Customer hereby agrees that it will not, without notice, change its name or initiate any change to any registered documentation, or act in any manner which would impact on the registered security interest of JMACX Off road Solutions.
      8. The Customer hereby agrees to waive or exclude such Sections of the PPS Act as JMACX Off road Solutions may require, subject to those Sections being capable of exclusion.
      9. JMACX Off road Solutions hereby reserves the right at any time in its sole discretion to make such amendments, alterations and additions to this Clause 23 as it may in its sole discretion determine.

    15. INDEMNITY

      1. To the extent permitted by law, the Customer releases and indemnifies JMACX and its Representatives against all liability arising from Claims for:
        1. Any harm to, claim or action by a third party arising directly or indirectly from the Customer’s
        2. Use of the Goods or Services;
        3. Any personal injury or death arising directly or indirectly out of the Customer’s conduct;
        4. Any damage to property arising directly or indirectly out of the Customer’s conduct;
        5. Any negligent or unlawful act or omission by the Customer or its Representatives in connection with the Goods or Services;
        6. Any breach of these Terms by the Customer or its Representatives;
        7. JMACX, the Manufacturer’s, or a third party’s reliance on an incorrect, incomplete or misleading representation made by the Customer or its Representatives;
      2. Any agreement in force between the Customer and a third party connected with the Goods; libel, slander, defamation, disparagement or false, misleading or deceptive conduct by the Customer or its Representatives; or
      3. JMACX being required under Privacy Law to correct any data, respond to any complaint, or address any other matter raised by a person
      4. JMACX may make a claim under indemnities in these Terms in relation to a cost before having incurred the cost, or before making a payment in relation to the cost.
      5. The indemnities in these Terms shall be in addition to any damages for breach of contract to which JMACX may be entitled. Nothing in the indemnities in these Terms will be construed so as to prevent JMACX from claiming damages in relation to the Customer’s breach of any term of these Terms.
      6. Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason.

    16. WARRANTY

      1. Subject to payment in full being made, JMACX Off road Solutions shall use its best endeavours to pass on to the Customer the benefit of any warranties or guarantees it receives in respect of Goods or parts thereof supplied to the Customer.
      2. For products manufactured by JMACX Off road Solutions a standard manufacturer warranty of 2 years, is calculated from the date of dispatch.
      3. JMACX Off road Solutions warranty only applies to original purchaser and is nontransferable.
      4. For all other JMACX Off road Solutions products please refer to product manufacturer warranty periods.
      5. Exposure of the Goods to aggressive corrosive environments such as salt water without sufficient cleaning and rock damage, will void the warranty.
      6. To the extent permitted by law, JMACX Off road Solutions and Customer agree that JMACX Off road Solutions will not be liable for Goods not being available for use, or for data or software which is lost, corrupted, deleted or altered. JMACX Off road Solutions shall not be liable to the Customer for any incidental, indirect or consequential damages arising out of or in connection with the purchase, use or performance of Goods and services, even if JMACX Off road Solutions has been advised of their possibility.

    17. RETURNS

      1. The return of Goods will not be permitted without completion of the “Orders and Returns Request Form” available at www.jmacx.com.au and approval by an authorised JMACX representative. Upon approval the Customer will be contacted, and the warranty Goods should be returned with a printed copy of the provided “Authorised Return Form”
      2. The return of Goods for warranty consideration will not be permitted without completion of the online “Warranty Request Form” available at www.jmacx.com.au and approval by an authorised JMACX representative. Upon approval of a warranty claim the Customer will be contacted and the warranty Goods should be returned with a printed copy of the provided “Authorised Return Form”
      3. Repaired non-warranty Goods will be charged to the Customer who may on charge these costs to the retailer, these Goods will be shipped on a prepaid freight basis borne by the Customer.
      4. Where there is an alleged warranty issue, the Customer must obtain advice and approval in writing by JMACX Off road Solutions prior to carrying out any repairs.  
      5. All returns are subject to JMACX Off road Solutions restocking policy and fees, and freight or peculiar charges will not be credited.
      6. Warranty claims must be completed within 21 business days including the return of any of the Goods related to the claim or additional charges will be incurred.
      7. Warranty only covers faulty components or faulty workmanship with respect to the purchased product.
      8. Custom built products or products which have been especially ordered in for a Customer “Special Order” items will not be accepted for credit or refund.

    18. PRODUCT USE

      1. Warranty does not cover product used in any type of racing or Motorsport competition, custom or modified applications under JMACX Off road Solutions range of product, any illegal highway, marine, industrial or commercial use.
      2. Warranty only covers faulty components or faulty workmanship with respect to the purchased product.
      3. This Warranty does not cover damage, fault, failure or malfunction of the Goods due to external causes including but not limited to accident, abuse, misuse, problems with electrical power, servicing not authorised by JMACX Off road Solutions, usage and/or
        storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, or any attempt by any other person other than JMACX Off road Solutions personnel or any person authorised
        by JMACX Off road Solutions, to adjust, repair or support the Goods and problems caused by use of parts and components not supplied by JMACX Off road Solutions.
      4. JMACX Off road Solutions does not accept liability for the voiding of a vehicle’s manufacturer’s warranty or part thereof subsequent to the fitting of the Goods to the Customer’s vehicle.
      5. No warranty will be considered on any item that has been modified eg ground, drilled or welded without the written consent of JMACX Off road Solutions.
      6. No product manufactured by JMACX or its subsidiary companies can be altered, modified or re-welded without the written consent of JMACX.
      7. Oil seals and gaskets carry only 3 month warranty on vehicles being driven on road only.
      8. The warranties do not apply where the following may apply:
        1. The incorrect grade of lubricant or insufficient amount of lubricant causing damage
        2. The Goods are used beyond the expectations of the original vehicle or Goods’ manufacturer
        3. Acts of neglect or misuse are evident
        4. Product has been modified
        5. Used in racing or competition conditions without prior consent of JMACX Off Road Solutions
        6. Used beyond the expectations of the original vehicle manufacture and or JMACX Off Road Solutions specifications.

    19. SERVICING

      1. It is the responsibility of the Customer to maintain servicing of the Goods. Vehicle servicing standards are based on the normal driving use of the vehicle. Extreme driving conditions, increased load and stress on the vehicle will require more regular service intervals and major servicing. Failure to meet stated service requirements will void warranty coverage. Normal driving use/conditions does not include driveline abuse, excessive power upgrades, excessive speed/driving style, larger than recommended tyres, excessive loads. Extreme driving conditions ie. Cape York / Simpson Desert travel will require a major service on the vehicle upon return of travel.
      2. A full suspension check must be completed within 500km-1000km of suspension installation by a JMACX approved and certified installer, failure to do so will void warranty.
      3. The Customer warrants to service the vehicle at recommended intervals.

    20. GVM SUSPENSION UPGRADES

      1. A full suspension check must be completed within 500km-1000km of suspension installation by a JMACX approved and certified installer, failure to do so will void warranty.
      2. Removal of any JMACX Off Road solutions supplied component that forms part of the Federally approved GVM including computer re-calibration will void any warranty.
      3. JMACX Off Road Solutions GVM upgrades may have specific warranty terms. Refer to the Customer GVM handbook for details.
      4. Teebro Pty Ltd is not responsible for any changes made to first stage manufacturing that affects the second stage manufacturer holder or any new requirements by the Department of Transport. Teebro Pty Ltd will not incur any costs due to the delays from the SSM approval process.

    21. HIGH LIFT

      1. When the lift on a vehicle exceeds 50mm we stipulate that low range should not be used in a scenario where the vehicle is travelling at a speed in excess of 40km p/hr due to driveline angles. OEM diff lockers are designed to disengage at speeds in excess of
        40km p/hr therefore JMACX Off Road Solutions deems there to be no reason to be engaged in low range 4WD exceeding this speed.
      2. If a customer has a reason to be above 40KM p/hr is low range, it is recommended to purchase at additional cost products that achieve this outcome that is not normally required. For example, on a 4495kg GVM a Cardinal drive shaft can be added at an additional cost.

    22. FITTING

      1. Damage to products through fitment error by an installer other than JMACX Off Road Solutions HQ is not covered under warranty. Warranty may become void when product is installed in conjunction with anything other than genuine manufacturer or JMACX components.
      2. Where required, JMACX recommend a wheel alignment after fitment of any new suspension component. Obtaining wheel alignments is the responsibility of the Customer.

    23. BRAKE DOWNS

      1. JMACX Off Road Solutions is not liable for any costs incurred to the customer in the event of a vehicle break down. This includes accommodation, towing fees, out of pocket expenses, emotional distress or loss of business expenses.

    24. INTERNATIONAL 

      1. Any works, services or product fittings performed by a JMACX Off Road Solutions approved Facility or Installer that are deemed faulty are the responsibility of the Facility/Installer to rectify.

    25. SERVICE AND TECHNICAL SUPPORT

      1. JMACX Off Road Solutions will provide general service and technical support to the Customer on a remote basis, via telephone, email or video conferencing. Service and support may vary from product to product. If the Customer purchases optional services
        and support as listed on the Customer’s invoice, JMACX Off Road Solutions will provide the optional service and support to the Customer in accordance with its current terms and conditions, in addition to the standard warranty. JMACX Off Road Solutions may at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. All general service and technical support will be considered the opinion of the technician and should be used with caution and in conjunction with other research on the technical issue, advice is not definitive.
      2. JMACX Off Road Solutions has no obligation to provide service or technical support until JMACX Off Road Solutions has received full payment. JMACX Off Road Solutions has no obligation to provide service or technical support to product JMACX Off Road Solutions did not supply under JMACX Off Road Solutions Terms and Conditions of Sale.

    26. LIMITATION OF LIABILITY

      1. Neither party excludes or limits the application of any provision of any Statute (including the Competition and Consumer Act 2010 (CCA) as amended from time to time (“the Act“), where to do so would contravene that Statute or cause any provision of these Terms and Conditions to be void. Nothing in these Terms and Conditions modifies or excludes the conditions, warranties, and undertakings and other legal rights under the Act and other laws. Except as expressly set out in these Terms and Conditions, and the Act, JMACX Off Road Solutions makes no warranties or other representations under or in connection with these Terms and Conditions, and JMACX Off Road Solutions liability in respect thereof, is limited to the fullest extent permitted by law.
      2. In the case of Goods supplied by JMACX Off Road Solutions to a Customer who is not a “consumer” as defined in the Act, if the Goods are defective or there is any other material breach by JMACX Off Road Solutions of these Terms and Conditions, then provided that the Goods are preserved intact and made available for inspection by a representative of JMACX Off Road Solutions and are returned to JMACX Off Road Solutions in the same order and condition as that in which they were delivered, then JMACX Off Road Solutions total liability to the Customer pursuant to this Clause is limited, at JMACX Off Road Solutions option, to any one of supplying, replacing, or repairing the Goods in respect of which any loss or damage has occurred.
      3. Except for those conditions and warranties implied by the Act or other sale of Goods or consumer protection legislation which may not be excluded, the Customer agrees that:
        1. It has not relied on any inducement, representation or statement made by or on behalf of JMACX Off Road Solutions in purchasing the Goods and there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of JMACX Off Road Solutions)
        2. This clause sets out the entire liability of JMACX Off Road
          Solutions in respect of its liability under the Act or otherwise in respect of liabilities to a consumer for a breach of a condition or warranty with respect to the sale of the Goods.
          In the case of Goods supplied to a Customer who is not a “consumer” as defined in the Act, neither party has any liability to the other for consequential or indirect damages
          arising out of or in relation to the Goods, any delay or other failure in supplying the Goods, even if any party to these Terms and Conditions knew such damages were possible or were otherwise foreseeable, including, without limitation, lost profits and damage suffered as a result of claims by any third party, such as a Customer of either party.

    27. FORCE MAJEURE

      1. JMACX Off Road Solutions shall not be liable for any failure or delay in supply or delivery of the Goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of JMACX Off Road Solutions including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, civil commotions or accidents of any kind.

    28. CONFIDENTIALITY

      1. A party must not, unless otherwise authorised by these Terms or the prior written approval of the other party, disclose the other party’s Confidential Information.
      2. A party will not be in breach of this confidentiality clause in circumstances where it is legally compelled to disclose the other party’s Confidential Information.
      3. Each party will take all reasonable steps to ensure that they and their Representatives do not make public or disclose the other party’s Confidential Information.
      4. Notwithstanding any other provision of this clause, a party may disclose Confidential Information to their solicitors, auditors, insurers and accountants.

    29. TERMINATION

      1. If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager or administrator or controller is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator or administrator is appointed, JMACX Off Road Solutions may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any Goods not paid for in accordance with these Terms and Conditions.

    30. RETURNS

      1. JMACX Off Road Solutions shall not be liable to accept any returned Goods but may in its absolute discretion accept the return of Goods, provided, that the “Orders and Returns Request Form” available at www.jmacx.com.au has been submitted and the Customer has received written approval of a duly authorised representative of JMACX Off Road Solutions with details for return. JMACX Off Road Solutions will provide a “Authorised Return Form” form and this form should be printed and returned along with the Goods to be returned. The Goods should be returned within five (5) business days of issuing the “Authorised Return Form”. Goods returned for credit pursuant to this clause will be subject to a handling and administration charge equivalent to 20% of the invoiced value of the returned Goods.
        1. The Customer must prepay shipping charges and insure the Goods or accept the risk of loss or damage during the shipment.
        2. Custom built products or products which have been especially ordered in for a Customer “Special Order” items will not be accepted for credit or refund.
        3. Close outs, second hand or refurbished parts will not be accepted for credit.
        4. Must ensure that the returned Goods are received by JMACX Off Road Solutions in as new or as-shipped by JMACX Off Road Solutions condition, including conformance to the specifications set out in your invoice and all manuals and other items and brochures included with the Goods must be returned with them. The Goods must be returned in original packaging.
        5. Where the customer has used a third-party credit finance facility to purchase the goods, a further 20% (40% in total) of the invoiced value of the returned goods will apply for handling and administration charges in dealing with the third party institution.
        6. The processing time for return credits or refunds allow up to 60-day processing time, dependant paperwork and on third party financial institution(s)

    31. GOVERNING LAW

      1. The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as JMACX Off Road Solutions may in its sole discretion determine. Proceedings by either JMACX Off Road Solutions or the Customer may be instituted and/or continued in such State or Territory as JMACX Off Road Solutions may in its sole discretion determine. Failing such determination, the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of Queensland applying the laws that State.

    32. SERVICE OF DOCUMENTS

      1. The Customer agrees that service of any notices or Court documents may be affected by forwarding same by pre-paid post to the last known address of the Customer.
      2. Any notice required to be given by the Customer to JMACX Off Road Solutions must be delivered personally.

    33. STATEMENT OF DEBT

      1. A certificate signed by a Director, Secretary, Financial Controller or Credit Manager of JMACX Off Road Solutions shall be prima facie evidence of the amount of indebtedness of the Customer to JMACX Off Road Solutions at that time.

    34. ELECTRONIC COMMUNICATIONS

      1. In addition to delivery in person and via post, the customer agrees to have invoices sent via email.
      2. The Customer agrees that email communications from JMACX Off Road Solutions to the Customer constitute an “electronic communication” within the meaning of the Electronic Transactions Act 2000 (QLD).

    35. MARKETING AND MEDIA

      1. JMACX Off Road Solutions may take photographs or record video of the Customer’s vehicle before, during and after providing services, or obtain such media through social media and other publications. JMACX Off Road Solutions may use the media to promote its Goods through social media or other forms of promotion. When engaging in such promotional activities the Customer acknowledges and agrees that JMACX Off Road Solutions may disclose the relationship between the parties and the nature of the Goods and/or Services provided and use and publish any part of the media as it sees fit.  
      2. The customer acknowledges that they have no expectation of privacy or confidentiality regarding the use of these materials and releases JMACX Off Road Solutions from any liabilities arising from such usage.  

    36. INTELLECTUAL PROPERTY

      1. The intellectual property of JMACX Off Road Solutions, whether or not registered or registrable in any country, include among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, knowhow, creations and inventions, together with all rights which are are derived from those rights.
      2. The Customer shall not use, reproduce, register or cause to be registered, or impart any information contained therein to any third party without the written consent of JMACX Off Road Solutions.