JB's Garage Door Repairs GARAGE DOOR REPAIRS TERMS AND CONDITONS

QUOTATION CONDITIONS, ACCEPTANCE FORM AND TERMS OF TRADE

Service area: Melbourne and surrounds

Phone: 0404 093 154

Website: https://www.jbsgaragedoorrepairs.com/

FRAME ONLY TILT DOORS - IMPORTANT: It is the responsibility of the Client to ensure that the maximum door panel weight is

not exceeded. Exceeding the maximum weight risks component failure that can cause injury or death. Neither the manufacturer or

the installer of this door accepts any responsibility for loss or damage caused by total panel weights that exceed the maximum

allowable specification for the door frame or hardware set employed. The Manufacturer reserves the right to refuse commissioning

on doors that are considered to exceed maximum specifications until evidence of weight compliance is produced.

- Non-account customer orders cannot be processed without a signed acceptance and a 50% deposit

WARNING: FRAME ONLY DOORS AND GATES will require commissioning after cladding is installed. IMPORTANT: DOOR

CANNOT BE LIFTED OR OPERATED PRIOR TO FINAL COMMISSIONING OCCURRING. Once cladding is complete, please

contact JB's Garage Door Repairs to arrange commissioning. Commissioning may require up to or more than 7 days’ notice. The door

CANNOT BE OPENED until commissioning occurs. Please note that failure to comply with this instruction may result in injury or

death and irreparable damage to the door system. If you are unsure how to proceed, please seek immediate advice from the JB's Garage Door Repairs

Garage Doors office on 0404 093 154

Acknowledgement of Risk The Client acknowledges that lifting or interfering with the un-commissioned door may cause it to slam

shut with significant and potentially fatal force, presenting a serious risk of injury or death. The Client further acknowledges that all

persons on site must be made aware of this hazard. Indemnity The Client hereby indemnifies, releases, and holds harmless the

Company, its directors, employees, and subcontractors from and against any and all claims, liabilities, losses, damages, penalties,

costs, or expenses (including legal costs on a full indemnity basis) arising out of or in connection with:(a) Any interference,

movement, or operation of the door by any person other than the Company prior to final commissioning;(b) Any failure by the

Client to communicate the risks or ensure compliance with OHS obligations; or (c) Any injury, death, or property damage resulting

from un-authorised handling of the un-commissioned door.

- Account customer orders cannot be processed without a signed acceptance

- Quote subject to site inspection and final measure.

- Final measure will be required before final commissioning or installation of the product/s can commence.

- Manual locks will not be installed to doors with remote-control units without a signed acceptance of liability as it will void warranty

- JB's Garage Door Repairs provides no warranty for goods installed in corrosive environments e.g. salt air, or industrial fall out.

-All electrical work including electrical power points are NOT INCLUDED. The Client is to supply/organize an electrical power point

for automatic remote-control units.

-In the interest of safety and where required JB's Garage Door Repairs recommends the installation of photo electric beams with any automatic opener -

Additional costs may apply.

- All permits required are the responsibility of the client.

-Roller doors that are installed out in the open, rather than undercover will deteriorate at a much faster rate than they would

installed in a garage or under a canopy, and have limited warranty cover from the manufacturer.

If for any reason the installation of the garage door cannot be completed within 2 weeks from the arrival of the door into the JB's Garage Door Repairs

Garage Doors warehouse, any outstanding balance may be required in full regardless of account status.

Any underground drilling or digging works are undertaken with the understanding that no responsibility whatsoever will be

assumed by JB's Garage Door Repairs or its agents for damage caused to services under ground, as a consequence to any works

performed. It is also the client’s responsibility to locate all underground services and advise of their location prior to any works

being undertaken.

Price is based on standard clearances or requirements for the product/s quoted. A noggin plan may be provided to the Client to

ensure adequate fixing points for the installation. If physical clearances or fixing points are found to be insufficient or inadequate at

installation, additional fees will apply.

For all recommended servicing schedules, please contact the JB's Garage Door Repairs Office. All service requirements and pricing differ

based on usage and product type. Servicing may be required on a 3, 6, 12 or 18 monthly schedules.

RESIDENTIAL INSTALL - In preparation for Installation, the garage, carport or area around the installation zone must be clear of

obstructions (bookshelves, storage, cupboards, cars, motorbikes etc.) by 3.5 metre radius. If the installation is unable to proceed

due to the area not being clear a rebooking charge of $100 will apply

1. Definitions

JB's Garage Door Repairs means J.Meade Constructions Pty. Ltd. trading as JB's Garage Door Repairs (ABN [ABN]), its successors and assigns or any person acting on behalf of and with the

authority of J.Meade Constructions Pty. Ltd. trading as JB's Garage Door Repairs.

Client means the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as

provided by JB's Garage Door Repairs to the Client.

Goods means all products supplied by JB's Garage Door Repairs to the Client (and where the context so permits includes any supply of Services) as described on the invoices, quotation, work

authorisation or any other forms as provided by JB's Garage Door Repairs to the Client.

Guarantor means that person (or persons) who agree in writing to be liable for the debts of the Client on a principal debtor basis.

Services means all services supplied by JB's Garage Door Repairs to the Client and includes any advice or recommendations (and where the context so permits will include any supply of

Goods as defined above).

2. The Australian Consumer Law

2.1 Nothing in these terms and conditions is intended to have the effect of contracting out of any applicable provisions of the Australian Consumer Law (ACL) contained in

Schedule 2 of the Competition and Consumer Act 2010 (Cth) except to the extent permitted by those Acts where applicable.

2.2 Where the Client buys Goods as a Consumer as defined in the ACL, these terms and conditions will be subject to any applicable statutory guarantees under the ACL, to

the extent they cannot be excluded or modified.

2.3 JB's Garage Door Repairs collects the Client’s personal information to assist it in promoting JB's Garage Door Repairs, business operation, or any applicable competition entries. By agreeing to these terms and

conditions, unless otherwise advised, each customer also expressly consents to:

(a) JB's Garage Door Repairs (or any of its related companies) contacting an customer by any means (including by electronic message or by telephone) to let the Client know about

goods, services or promotions which JB's Garage Door Repairs considers may be of interest to the customer;

(b) JB's Garage Door Repairs (or any of its related companies) disclosing the customer’s personal information to other persons or entities who may:

(i) assist JB's Garage Door Repairs in promoting the business or running competitions (including by sending electronic messages or telephoning the entrant on the

JB’s behalf); or

(ii) use that information, in any media, for their own marketing, promotional or publicity purposes (and each entrant expressly consents to such

persons or entities contacting the entrant by electronic message or by telephone in relation to goods or services),

Without any further reference, payment or other compensation to the Client. The express consent referred to in this Statement continues until the withdrawal of that

consent is effective (as set out under applicable law). If the Client would like to withdraw consent, prior to receiving contact by any means, they are to notify JB's Garage Door Repairs via email

at jarryd@jbsgaragedoorrepairs.com

3. Acceptance

3.1 Unless otherwise agreed in writing by JB's Garage Door Repairs, the Client agrees that it will be bound by these terms and conditions if the Client places an order with JB's Garage Door Repairs and it is accepted by

JB's Garage Door Repairs. JB's Garage Door Repairs is not bound by any terms and conditions contained in any document issued by the Client.

3.2 Where more than one Client has entered into this agreement, the Clients are jointly and severally liable for all payments of the Price.

3.3 The Client will give JB's Garage Door Repairs not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or

any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client indemnifies JB's Garage Door Repairs

for any loss incurred by JB's Garage Door Repairs as a result of the Client’s failure to comply with this clause.

4. Orders, Quotations, Price and Payment

4.1 Once a quotation has been accepted by the Client, or JB's Garage Door Repairs receives a deposit, a purchase order, an email request or any other documentation ordering the Goods and

Services, it cannot be cancelled by the Client. Once the Goods are in production no variation(s) to the specifications will be accepted by JB's Garage Door Repairs. The supply of Goods or

Services is subject to availability. JB's Garage Door Repairs reserves the right to suspend or discontinue the supply of Goods or Services to the Client. If JB's Garage Door Repairs is unable to supply all of the

Client’s order, these terms and conditions continue to apply to any part of the order supplied. If JB's Garage Door Repairs is unable to supply any of the Goods or Services, it will repay any

deposit for that order to the Client and will have no further liability to the Client for the failure to supply the Goods or Services.

4.2 The Price will be:

(a) where a written quotation has been accepted by the Client, the price specified in the quotation, subject to any amendment pursuant to these terms and

conditions;

(b) where JB's Garage Door Repairs has issued a specified payment schedule pursuant to clause 4.6, the total price specified in the payment schedule together with any price variation

due to any variations to the Goods or Services pursuant to clause 4.3; or

4.3 JB's Garage Door Repairs reserves the right to vary the Price in the event of a variation to JB’s quotation. Any variation from the plan of scheduled works or specifications (including, but not

limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties or as a result of increases to JB's Garage Door Repairs in the cost of materials and

labour) will be charged for on the basis of JB’s quotation. Payment for all variations must be made in full at their time of completion. The Client must accept any

corrections to errors or omissions in invoicing and, where applicable, the Client must accept the amended pricing and pay the difference within the approved terms of

trade.

4.4 At JB’s sole discretion a non-refundable deposit may be required at the time the Client’s order is placed.

4.5 Subject to clauses 4.3 and 4.4, unless otherwise agreed in writing by JB's Garage Door Repairs:

(a) if the Client has an approved credit account with JB's Garage Door Repairs, the Client must pay for Goods or Services ordered by the Client and any surcharge pursuant to clause

4.7, within 30 days from the date of invoicing, or earlier if the approved credit limit is exceeded; and

(b) where the Client does not have a credit account with JB's Garage Door Repairs, all Goods and Services and any administrative charge under this clause are to be paid for at or

before the time of delivery.

Time is of the essence in respect of the Client’s obligation to make payment for Goods or Services supplied by JB's Garage Door Repairs to the Client.

4.6 JB's Garage Door Repairs may submit detailed progress payment claims in accordance with JB’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.

4.7 Payment will be made by cash, cheque, credit card (which will incur a surcharge of up to 1.5% of the Price), direct credit, or by any other method agreed to in writing by

JB's Garage Door Repairs.

4.8 GST and other taxes and duties that may be applicable will be added to the Price except when they are expressly included in the Price.

4.9 JB's Garage Door Repairs reserves the right to withdraw a quotation without obligation to the client.

5. Delivery of Goods and Services, Inspection and Acceptance

5.1 Unless otherwise agreed in writing by JB's Garage Door Repairs, delivery is at JB’s premises when the Client or its carrier takes possession of the Goods. All freight from JB’s premises to the

Client is at the Client’s expense. If JB's Garage Door Repairs arranges the carriage of the goods for delivery to the Client, JB's Garage Door Repairs will be deemed to contract as agent for the Client and the Client

will bear all risks with respect to the Goods during carriage and will likewise be responsible for effecting any insurance of the Goods during carriage. JB's Garage Door Repairs may charge a

reasonable handling fee for all orders delivered to the Client. The Client indemnifies JB's Garage Door Repairs for the cost of all transport arranged by JB's Garage Door Repairs on the Client’s behalf.

5.2 The Client will make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take

delivery of the Goods as arranged then JB's Garage Door Repairs will be entitled to charge a reasonable fee for redelivery.

5.3 JB's Garage Door Repairs will not be responsible for any damage to the Goods or to any property (whether to electrical wiring, plumbing, masonry, rendered surfaces or otherwise) caused by

or sustained during delivery or installation of the Goods. The Client indemnifies JB's Garage Door Repairs in respect of all liability, claims, loss, damage, costs and fines as a result of any such

damage.

5.4 Any time or date given by JB's Garage Door Repairs to the Client is an estimate only and JB's Garage Door Repairs is not liable for any delay in delivery. Time is not of the essence in relation to delivery and the

Client must accept delivery and pay for the Goods delivered, including transport costs if applicable, even if they are delivered after any specified delivery date. JB's Garage Door Repairs will not

be liable for any loss or damage whatever due to failure to deliver the Goods (or any of them) promptly or not at all.

5.5 The Client must inspect the Goods or Services immediately following delivery or completion of the Services (as the case may be). The Client must within seven (7) days

of delivery, notify JB's Garage Door Repairs in writing of any evident defect, damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other

alleged defect in the Goods or Services as soon as reasonably possible after any such defect becomes evident. Where the Client makes any notification of defect,

damage, shortage in quantity, or failure to comply with the description or quote, the Client must allow JB's Garage Door Repairs to inspect the Goods or Services as soon as reasonably

practicable.

6. Client’s Obligations

6.1 The Client is solely responsible for the accuracy of any designs, drawings, information or instruction provided for use by JB's Garage Door Repairs. Where JB's Garage Door Repairs has followed any designs,

drawings, information or instruction furnished by or on behalf of the Client, the Client indemnifies and will keep JB's Garage Door Repairs indemnified against all claims, damages, losses,

penalties, costs and expenses to which JB's Garage Door Repairs may become liable by reason of using or following the designs, drawings, information or instruction, including any

infringement of any patent, registered design, trademark, copyright or any other right of a third party, including moral rights.

6.2 The Client shall be responsible for obtaining any permits that may be necessary for the Services quoted.

The Client shall be responsible for obtaining any permits that may be necessary for the Services quoted. Where JB's Garage Door Repairs is providing installation as part of the Services, at

installation the Client must ensure that:

(a) the site is easily and safely accessible for standard vehicles to within five (5) metres of the installation position;

(b) there is access to a safe and clear work area; and

(c) electric power is readily available. The Price will be increased by the reasonable cost of JB's Garage Door Repairs obtaining electric power or rescheduling the installation in

Terms and Conditions

accordance with Clause 4.2.

6.3 The Client acknowledges that:

(a) clearances, including operational tolerances and gaps, between new and existing structures will exist;

(b) the Client is responsible to cover and/or fill any such clearances; and

(c) unless specified in the quotation or otherwise agreed in writing by JB's Garage Door Repairs, the Client is liable for (and agrees to pay in accordance with clause 4.4) the costs, as

invoiced by JB's Garage Door Repairs, where JB's Garage Door Repairs is requested by the Client to cover/fill such clearances.

6.4 The Client acknowledges that:

(a) timber faced Goods must be properly prepared and sealed on both sides and all edges. It is the Client’s responsibility to ensure that they are properly painted

or otherwise sealed in a professional manner by the Client within 24 hours of installation or prior to the product being exposed to water or humidity;

(b) steel and timber components used in the provision of the Services are supplied unpainted. It is the Client’s responsibility to ensure that they are properly

painted or otherwise sealed in a professional manner within 24 hours of installation or prior to the product being exposed to water or humidity; and

(c) the Goods require regular maintenance by the Client and regular servicing by a professional. Service intervals must not exceed twelve (12) months (or sooner

depending upon but not limited to application, product and usage). Service, maintenance and all associated costs are the responsibility of the Client.

Maintenance instructions are available from JB's Garage Door Repairs and/or the manufacturer.

6.5 The Client is responsible for:

(a) obtaining any permits that may be necessary for the provision of the Goods and Services;

(b) any electrical work including, but not limited to, the supply and installation of a power point to be used with any door opener; and

(c) where any underground work is involved (including but not limited to setting posts into concrete), the Client is responsible for taking all reasonable steps,

including engaging the services of “Dial before you Dig” and other service providers to ensure that the area is clear of any potential underground services.

Whilst JB's Garage Door Repairs will take all care to avoid damage to any underground services, the Client indemnifies JB's Garage Door Repairs in respect of all liability, claims, loss, damage, costs and

fines as a result of damage to any underground services.

7. Special Conditions

7.1 JB's Garage Door Repairs reserves the right to:

(a) vary the design of the Goods to provide improvement in design, installation or use; and

(b) conduct repairs to any marks, scratches, dents, or imperfections (including the use of touch up or other paint).

7.2 Unless otherwise required under the ACL, any damage must be visible to the naked eye from a distance of no less than three (3) metres before JB's Garage Door Repairs will undertake any

warranty repairs or replacement.

7.3 The Client accept that any Goods depicted on JB’s website or in JB’s brochures and promotional material is for illustrative purposes only and final product selection

cannot be guaranteed to match what was depicted. While all efforts will be made by JB's Garage Door Repairs to ensure the Goods featured on JB’s website or in JB’s brochures and

promotional material are as depicted, the Client accepts that the Goods may differ slightly from that depiction. JB's Garage Door Repairs reserves the right to amend, delete, discontinue or

make any changes or improvements to the Goods, including without limitation prices, colours, designs or specifications without prior notice and without incurring any

obligation to make similar changes or improvements to Goods previously ordered. You accept that any colours shown on our website or in our brochures and

promotional material is for illustrative purposes only and the actual colours may differ somewhat.

7.4 Unless otherwise stated doors will be made to square to sizes computed and fitted to provide best function as determined by JB's Garage Door Repairs.

8. Risk

8.1 All risk in the Goods passes to the Client on delivery.

8.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Client must still pay for the Goods and Services. The

Client agrees that JB's Garage Door Repairs is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by JB's Garage Door Repairs is sufficient evidence of

JB’s rights to receive the insurance proceeds without the need for the Client’s insurer to make further enquiries.

8.3 Where the Client expressly requests JB's Garage Door Repairs to leave Goods outside JB’s premises for collection or to arrange delivery of the Goods to an unattended location, then the

Goods will be left at the Client’s sole risk and it will be the Client’s responsibility to ensure the Goods are adequately insured.

9. Title

9.1 Ownership of the Goods will not pass until:

(a) the Client has paid JB's Garage Door Repairs all amounts owing for the particular Goods and associated Services; and

(b) the Client has paid JB's Garage Door Repairs all amounts owing in respect of all other contracts between JB's Garage Door Repairs and the Client.

9.2 Receipt by JB's Garage Door Repairs of any form of payment other than cash will not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until

then JB’s ownership or rights in respect of the Goods will continue.

9.3 The Client further agrees that until JB's Garage Door Repairs has received payment of all amounts owing to it by the Client:

(a) where practicable the Goods will be kept separate and identifiable;

(b) JB's Garage Door Repairs may give notice in writing to the Client to return the Goods or any of them to JB's Garage Door Repairs. Upon such notice the rights of the Client to obtain ownership or any other

interest in those Goods will cease;

(d) if the Client fails to return the Goods to JB's Garage Door Repairs then JB's Garage Door Repairs or JB’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or

used by the Client, or any premises where the Goods are situated, and take possession of the Goods;

(e) the Client is only a bailee of the Goods and the Client will hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client

owes to JB's Garage Door Repairs for the Goods, on trust for JB's Garage Door Repairs;

(f) the Client will not deal with the money that it holds in trust for JB's Garage Door Repairs in any way which may be adverse to JB's Garage Door Repairs;

(g) the Client will not charge the Goods in any way nor grant nor otherwise give any interest in the Goods (as defined in the Personal Property Securities Act 2009

(Cth) (PPSA));

(h) JB's Garage Door Repairs can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that JB's Garage Door Repairs will be the owner of

the end products.

10. Personal Property Securities Act 2009 (PPSA)

10.1 In this clause:

(a) financing statement has the meaning given to it by the PPSA;

(b) financing change statement has the meaning given to it by the PPSA;

(c) security agreement means the security agreement under the PPSA created between the Client and JB's Garage Door Repairs by these terms and conditions; and

(d) security interest has the meaning given to it by the PPSA.

10.2 The Client acknowledges and agrees that these terms and conditions:

(a) constitute a security agreement for the purposes of the PPSA; and

(b) create a security interest in:

(i) all Goods previously supplied by JB's Garage Door Repairs to the Client (if any); and

(ii) all Goods that will be supplied in the future by JB's Garage Door Repairs to the Client.

10.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all respects) which JB's Garage Door Repairs

may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; and

(iii) correct any defect in a statement referred to in clause 10.3(a)(i) or 10.3(a)(ii);

(b) indemnify, and upon demand reimburse, JB's Garage Door Repairs for all expenses incurred in registering a financing statement or financing change statement on the Personal

Property Securities Register established by the PPSA or releasing any Goods charged thereby;

(c) not register a financing change statement in respect of a security interest arising under these terms and conditions without the prior written consent of JB's Garage Door Repairs;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the

prior written consent of JB's Garage Door Repairs; and

(e) immediately advise JB's Garage Door Repairs of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived

from such sales.

10.4 JB's Garage Door Repairs and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

10.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

10.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

10.7 Unless otherwise agreed to in writing by JB's Garage Door Repairs, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.

10.8 The Client will unconditionally ratify any actions taken by JB's Garage Door Repairs under clauses 10.3 to 10.5.

10.9 If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA will prevail to the extent of that inconsistency.

11. Security and Charge

11.1 Despite anything to the contrary contained herein or any other rights which JB's Garage Door Repairs may have howsoever:

(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor

agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to JB's Garage Door Repairs or JB’s nominee to secure all amounts

and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that JB's Garage Door Repairs (or JB’s nominee)

will be entitled to lodge where appropriate a caveat, which caveat will be withdrawn once all payments and other monetary obligations payable hereunder

have been met.

(b) should JB's Garage Door Repairs elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor will indemnify JB's Garage Door Repairs from and

against all JB’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint JB's Garage Door Repairs or JB’s nominee as the Client’s and/or Guarantor’s true and

lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.

12. Liability, Warranties and Returns

12.1 Except as expressly set out in these terms and conditions JB's Garage Door Repairs makes no warranties or other representations and to the extent permitted by law these terms and

conditions exclude all other conditions, guarantees, warranties, liabilities or representations in relation to the Goods and/or Services.

12.2 of Where legislation implies into these terms and conditions any guarantee, condition or warranty that cannot be excluded or modified, to the extent permitted by law the

liability of JB's Garage Door Repairs for a breach any such guarantee, condition or warranty is limited at JB’s option to any one or more of the following:

(a) In the case of Goods:

(i) replacement of the Goods or the supply of equivalent goods;

(i) payment of the cost of replacing the Goods or of acquiring equivalent goods, by credit to the Client’s account, in cash or by cheque at JB’s

discretion; or

(i) repayment of any part of the purchase price of the Goods which has been paid by the Client, by credit to the Client’s account, in cash or by cheque

at JB’s discretion.

(b) In the case of advice, recommendations, information or other services, by supplying the advice, recommendations, information or other services again.

12.3 Subject to clause 12.2, JB's Garage Door Repairs is not liable for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of the Goods or

Services, including (without limitation) any loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings, or indirect or consequential loss

or damage arising out of or in connection with the supply of the Goods or Services, even if due to the negligence of JB's Garage Door Repairs or any of its employees or agents.

12.4 Subject to clause 12.2, returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 5.5;

(b) JB’s has agreed that the Goods are defective;

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

12.5 JB's Garage Door Repairs will not be liable for any defect or damage to the Goods which is caused by or arises as a result of:

(a) the Client failing to properly maintain or store any Goods;

(b) the Client using the Goods for any purpose other than that for which they were designed;

(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Client failing to follow any instructions or guidelines provided by JB’s or the manufacturer of the Goods; or

(e) fair wear and tear, any accident, or an Act of God.

12.6 Notwithstanding anything contained in this clause if JB's Garage Door Repairs is required by a law to accept a return then JB's Garage Door Repairs will only accept a return on the conditions imposed by that law.

12.7 Where site attendance is required to inspect or rectify an issue covered by warranty, these attendances will take place during normal business hours at a reasonable

lead time. Attendances outside of business hours are neither included nor implied in the terms of the warranty. Where the client requests after hours or weekend

attendance, standard emergency call out rates will apply and must be paid prior to attendance by the client.

13. Intellectual Property

13.1 Where JB's Garage Door Repairs has designed, drawn or written Goods or Services for the Client, then the ownership of the copyright or other intellectual property rights in those designs,

drawings and documents will remain vested in JB's Garage Door Repairs notwithstanding payment by the Client for the Goods or Services. The Client may only use the copyright or other

intellectual property in accordance with any direction of JB's Garage Door Repairs and only for the purposes of using the Goods.

13.2 The Client warrants that all designs, drawings, documents and instructions it provides to JB's Garage Door Repairs will not infringe, or cause JB's Garage Door Repairs to infringe in the execution of the Client’s order,

any third party’s patent, registered design or trademark. The Client will indemnify JB's Garage Door Repairs against all liability, claims, loss, damage, costs and fines in connection with any

action taken by a third party against JB's Garage Door Repairs in respect of any such infringement.

13.3 The Client agrees that JB's Garage Door Repairs may use any documents, designs, drawings, images or Goods created by JB's Garage Door Repairs for the purposes of advertising, marketing, or entry into any

competition.

14. Default and Consequences of Default

14.1 Interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per

calendar month (and at JB’s sole discretion such interest will compound monthly at such a rate) after as well as before any judgment.

14.2 In the event that the Client’s payment is dishonoured for any reason the Client will be liable for any dishonour fees incurred by JB's Garage Door Repairs.

14.3 If the Client defaults in payment of any invoice when due, the Client will indemnify JB's Garage Door Repairs from and against all costs and disbursements incurred by JB's Garage Door Repairs in pursuing the debt,

including legal costs on a solicitor and own client basis and JB’s collection agency costs.

14.4 Without prejudice to any other remedies’ JB's Garage Door Repairs may have, if at any time the Client is in breach of any obligation (including those relating to payment) JB's Garage Door Repairs may suspend or

terminate the supply of Goods to the Client and any of its other obligations under these terms and conditions. JB's Garage Door Repairs will not be liable to the Client for any loss or damage

the Client suffers because JB's Garage Door Repairs has exercised its rights under this clause.

14.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a

maximum of fifty dollars ($50.00)) will be levied for administration fees which sum will become immediately due and payable.

14.6 Without prejudice to JB’s other remedies at law JB's Garage Door Repairs will be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to

JB's Garage Door Repairs will, whether or not due for payment, become immediately payable in the event that:

(a) any money payable to JB's Garage Door Repairs becomes overdue, or in JB’s opinion the Client will be unable to meet its payments as they fall due;

(b) the Client 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; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

15. Building and Construction Industry Security of Payment Act 2002

15.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act

2002 of Victoria, except to the extent permitted by the Act where applicable.

16. General

16.1 If any provision of these terms and conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not

be affected, prejudiced or impaired.

16.2 These terms and conditions and any contract to which they apply will be governed by the laws of Victoria and are subject to the exclusive jurisdiction of the courts of

Victoria.

16.3 The Client is not entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by JB's Garage Door Repairs, nor to withhold payment of any invoice

because part of that invoice is in dispute.

16.4 JB's Garage Door Repairs may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

16.5 The Client agrees that JB's Garage Door Repairs may amend these terms and conditions at any time. The amended terms and conditions will only apply to any orders for Goods or Services

placed by the Client after JB's Garage Door Repairs has provided written notification of the amendment.

16.6 Neither party will be liable for any default due to any Act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable

control of the party.\

16.7 The failure by JB's Garage Door Repairs to enforce any provision of these terms and conditions will not be treated as a waiver of that provision, nor will it affect JB’s right to subsequently

enforce that provision. Any waiver by JB's Garage Door Repairs must be in writing and will not affect JB’s rights under these terms and conditions at any future time.

JB's Garage Door Repairs GARAGE DOOR REPAIRS TERMS AND CONDITONS

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