Terms & Conditions
Sale Terms & Conditions
1. Instructions on how to claim each offer, the Gifts and Discounts (as defined below) form part of these Terms and Conditions. Redemption of a Gift or Discount (as defined below) is deemed acceptance of these Terms and Conditions. Offers are not valid in conjunction with any other offer. Valid in Australia only. Fleet customers not eligible for any Gift With Purchase Offers or Discount Offers. Only valid at TJM distributors and authorised stockists, see catalogue for list.
2. The promoter is TJM Products Pty Ltd ABN 56 009 887 325 (“Promoter”).
3. Offers commence for purchases on 02/12/2019 and close for purchases at close of business on 18/01/2020 (“Offer Period”), dependent on individual store closure periods.
4. There are TJM gift with purchase offers as advertised in the TJM Take The Lead catalogue (each a “Gift With Purchase Offer”). The Gift With Purchase Offers are as follows:
· Gift with Purchase Offer 1 – Purchase Xray vision lighting bundles and receive a free bonus wiring harness or worklight.
· Gift with Purchase Offer 2 – Purchase GME XRS Connect 4WD pack and receive a free bonus 60th anniversary cooler bag.
· Gift with Purchase Offer 3 – Purchase Korr Lighting Solar Mats and receive a free bonus 12W dual USB solar phone charger.
· Gift with Purchase Offer 4 – Purchase Torqit Performance 4WD packages and receive a free bonus pedal torq.
· Gift with Purchase Offer 5 – Purchase a TJM DC/Solar Charger and receive a free bonus Projecta 12V Dual Battery Volt Meter DBM100 worth RRP $142.10,
(in each case, the free bonus item is a “Gift”).
5. Gift With Purchase Offers are only available for purchases made at TJM stores and authorised resellers (online purchases are excluded). All Gifts are while stocks last and subject to stock availability in each store. The TJM products to be purchased for the purposes of receiving a Gift may not always be available in all TJM stores and resellers; check with store for availability.
6. There are eight (8) TJM Discount offers as advertised in the TJM Take The Lead Catalogue (each a “Discount Offer”). The Discount Offers are as follows:
· Discount Offer 1 – 10% off all TJM polyethylene Airtec Snorkels
· Discount Offer 2 – 10% off TJM XGS 4WD Suspension
· Discount Offer 3 – Purchase a TJM Black Winch or TJM Yellow Winch for $995 (save $281)
· Discount Offer 4 – Purchase an Aeroklas Tailgate Assist for $150 (save $49)
· Discount Offer 5 – Purchase a TJM Recovery Backpack for $25 (save 30%)
· Discount Offer 6 – Purchase a TJM Camp Chair for $49 (save $31)
· Discount Offer 7 – Purchase an Aeroklas Gravity Ute Box for $150
· Discount Offer 8 – Purchase an Aeroklas Trinity Ute Box for $120
7. To claim a Gift or receive a Discount Offer, product(s) must be paid for in full during the Offer Period. Gift With Purchase Offers and Discount Offers are not available in conjunction with any finance arrangement or interest-free finance.
8. Discount Offers are available from TJM stores and authorised stockists (online purchases are excluded). Stock for the Discount Offers may not always be available in all TJM stores and authorised stockists; check with store for availability.
9. The TJM Take The Lead catalogue may feature offers from manufacturers whose products the Promoter stocks. Such non-TJM branded offers are the responsibility of the manufacturer with regards to availability and terms and conditions. To the extent permitted by law, the Promoter will not be liable for the advertising, fulfillment or otherwise of such offers.
10. Offers are available to retail customers only. Prices shown are inclusive of GST. In some regions of Australia, additional freight costs may be expected. Prices shown do not include charges such as fitting
or colour coding. Illustrations, photos and packaging are only a representation of the products advertised. Variations may occur from store to store. Not all products are available in all stores. Rainchecks are not available, however, should an advertised product(s) be unavailable, a back order (where a deposit is required) will be raised.
11. The Promoter has made every effort for the information contained within these Terms and Conditions and the TJM Take The Lead catalogue to be correct at the time of printing. However, the Promoter reserves the right to alter any specifications and to alter the range of products stocked without notice, subject to any applicable laws. Always consult your local TJM store for the latest information on TJM products and their specifications. Some images are for illustration purposes only.
Competition Terms & Conditions
1. Information on how to enter and the prize form part of these Terms and Conditions. Participation in this competition is deemed acceptance of these Terms and Conditions.
2. ACT TP 19/04262. NSW Permit No. LTPS/19/38382.
3. Entry is only open to residents of Australia who are aged 18 years or older.
4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
5. The competition opens at 12:00:01AM AEST 2/12/2019 and closes at 11:59:59PM AEST 31/1/2020 (“Promotional Period”). After this date, no further entries to the competition will be permitted.
6. To enter, individuals must visit www.tjm.com.au/club-tjm, follow the prompts to the promotion entry page, input the requested details in the form, including: first name, last name, email and 3 items from the drop-down lists provided on the form.
7. Incomplete or indecipherable Entries will be deemed invalid.
8. The Promoter reserves the right, at any time, to verify the validity of Entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardize fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
9. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
10. The draw will take place at the Promoter’s office, 17 Johnstone Rd, Brendale, Queensland on 01/2/2020 at 12pm AEST. The winner will be notified by email or via telephone within two (2) business days of the draw.
11. The first valid entry drawn will win AUD$5,000 (at RRP) of TJM products or TJM’s Supply Partner Program’s products from the TJM 4x4 Equipped store located closest to the winner’s residential address. The prize does not include the cost of fitment of any chosen product included in the winner’s selected prize allocation. Prize must be redeemed in one transaction and is valid for one year from the date the winner is successfully contacted.
12. The prize is as stated, and no cash or other alternatives will be offered. The prize is not transferable or exchangeable.
13. Once the products forming the prize have been selected by the winner, the TJM 4x4 Equipped store will notify the winner when and where the products can be collected or fitment of the products can occur. The prize includes delivery to the TJM 4x4 Equipped store, but it does not include delivery to the winner.
14. If for any reason the winner does not take/redeem the prize at/by 2/4/20, then the prize will be forfeited.
15. The Promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
16. A draw for any unclaimed prize may take place on 3/4/2020 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winner (if any) will be notified in writing within two (2) business days of the draw.
17. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event that they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this competition (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
18. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
19. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act (Cth) or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
20. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
23. Any questions, comments or complaints about this promotion must be directed to the Promoter (Attention: Group Legal Counsel) via email@example.com.
24. The Promoter is TJM Products Pty Ltd, ABN 56 009 887 325, 17 Johnstone Rd, Brendale, Queensland.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.
Full Terms & Conditions
"Buyer" means the company, firm or person placing the Order with the Seller.
"Goods" means the goods or services supplied pursuant to the Order.
"Order" means the order for the purchase of Goods placed by the Buyer with Seller.
“PPSA” means Personal Property Securities Act 2009 (Cth) and “security interest” and “perfected” have the meanings given to them in the PPSA.
"Seller" means the Aeroklas Australia group of companies being Aeroklas Australia Pty Ltd ACN 149 775 628 and related parties including, though not limited to, TJM Products Pty Ltd ACN 009 887 325, TJM Aeroklas Pty Ltd ACN 618 371 403, Aeroklas Pty Ltd ACN 149 775 628 and Flexiglass Challenge Pty Ltd ACN 009 267 467, and any distributor, stockist or reseller of Goods.
"Warranty" means the warranty referred to in clause 8.
2. ORDERS OF GOODS
2.1 The Seller may issue quotations for Goods from time to time or otherwise offer Goods for sale. A contract is formed for the supply of Goods between the Buyer and Seller when the Seller issues an invoice to the Buyer or otherwise notifies the Buyer in writing that it accepts a request to purchase Goods. The Seller's acceptance of the Order is subject to these terms and conditions of sale and to any additional terms and conditions that may be contained in the Seller's price lists or quotations pursuant to which the Order was given.
2.2 These terms and conditions of sale may only be amended with the written consent of the Seller. Orders cannot be varied or cancelled after manufacturing of any made to order Goods or the customization of any Goods for the Buyer has commenced.
2.3 The terms and conditions of sale referred to in clause 2.1 shall take precedence over any additional or inconsistent terms and conditions contained in the Buyer's Order or in the Buyer's request for a quotation. Any statements within the Buyer’s documentation stating the Buyer’s terms and conditions prevail are hereby expressly excluded.
2.4 The Seller may refuse to supply the Goods to the Buyer where:
(a) the Goods are unavailable for any reason (including where demand exceeds supply);
(b) the Buyer’s credit limited with the Seller has been exceeded;
(c) the Seller decides not to extend credit to the Buyer;
(d) a termination event under an existing agreement between the Buyer and the Seller has occurred and has not been remedied;
(e) any circumstances arising that are beyond the Seller’s control, including industrial action.
3. PRICE AND PAYMENT
3.1 Prices for Goods may vary from those initially quoted by the Seller. The Seller reserves the right to vary any of the prices quoted to the Buyer:
(a) to conform to the Seller's price list as at the date of dispatch of the Goods, with exception to existing orders accepted by the Seller;
(b) due to implementation of any requests by the Buyer for changes in delivery schedules, quantities, designs or specifications or similar requests; or
(c) due to delays caused by any instruction of the Buyer or by any failure of the Buyer to give adequate information or instructions.
3.2 Prices for Goods are fixed on the date of acceptance of the Order. Unless expressly referred to, all prices are exclusive of goods and services tax, which shall be paid by the Buyer in addition to the price of the Goods. The Buyer shall also be liable to pay freight, insurance and any other taxes, duties, fees, imposts and surcharges applicable to the Goods.
3.3 Payment for all Goods supplied by the Seller to the Buyers holding a valid debtor’s account is due 30 days from the end of the month in which the invoice for the Goods is issued unless otherwise agreed in writing. Accounts are to be conducted on a monthly basis. The month end closes on the last calendar day and a
statement will be forwarded shortly afterwards. For all other Buyers, payment for Goods is due at the time of dispatch of the Goods.
3.4 The Buyer hereby agrees to indemnify the Seller for all losses and costs, including legal costs, arising from the Buyer’s failure to pay the total amount of any Invoice on the due date.
4.1 Where the delivery of Goods is the responsibility of the Seller, the method of carriage shall be at the discretion of the Seller.
4.2 The Seller will make every reasonable effort to promptly deliver Goods (whether by instalment or otherwise).
4.3 Unless the Seller is notified otherwise in writing by the Buyer, all Goods will be delivered to the address of the Buyer specified on the Buyer's Order. The Goods will have been deemed to have been delivered to the Buyer once delivered by the Seller or the Seller’s agent to the address of the Buyer specified on the Buyer's Order. The Goods will be deemed to have been collected by any person (whether organized by the Seller or the Buyer) for the purposes of transporting the Goods to the Buyer.
4.4 The Seller shall not be liable for failure or delay in supplying the Goods, including any consequential loss or damage (including any loss of revenue or increase in expenses) arising from the delivery of the Goods.
5. TITLE AND RISK
5.1 Until all money owed (contingently or otherwise) by the Buyer to the Seller in respect of each and every item of Goods supplied to the Buyer under these Terms and Conditions of Sale has been paid to the Seller, in full:
(a) the title in the Goods (both legal and beneficial) shall remain with the Seller, even though the Buyer may mix or combine the Goods with other Goods.
(b) The Buyer may only sell, lease or transfer title to the Goods by bona fide sale or transfer to a customer in the ordinary course of business.
(c) The Buyer will hold the Goods as bailee for the Seller.
(d) The Goods will be stored at the Buyer’s risk.
(e) The Buyer will store the Goods so that the Goods are clearly distinguishable from goods of a similar nature in the Buyer’s possession, and cross referenced to a particular invoice.
(f) The Buyer will not obliterate, alter, deface, remove or obscure any identifying numbers, plates, marks or other matter on or affixed to the Goods.
(g) The Buyer will keep separate records of all sales of the Goods.
(h) Any sale, lease or transfer of the Goods will be effected for the benefit of and as bailee for the Seller, and the Buyer will hold the proceeds of that sale, lease or transfer and the rights against the Buyer's Customers arising from that sale, lease or transfer on trust for the Seller. The Buyer will clearly identify those proceeds in the Buyer's books and records.
Nothing in these Terms and Conditions of Sale entitles the Buyer to return any Goods for a credit adjustment or otherwise, unless the Seller has requested in writing that the Goods be returned. Transportation charges must be prepaid and original invoice number must accompany returned Goods where the Seller has made a request.
5.2 The risk in the Goods shall remain with the Seller until delivery or collection of the Goods to or by the Buyer or the Buyer’s agent, or in the case of the export market, delivery in accordance with pre-arranged terms between the Buyer and Seller.
6.1 If this Agreement or any transaction contemplated by it gives rise to a security interest for the Seller under the PPSA, then this clause 6 applies to enable the Seller to secure the amount owing by the Buyer to the Seller in relation to Goods and also the performance of all of the Buyer’s other obligations under these Terms and Conditions of Sale.
6.2 The Buyer consents to the Seller perfecting its interest in the Goods (and any product to which Goods are attached or converted into by any process) by registration under the PPSA of the security interest that the Buyer considers arises out of these Terms and Conditions of Sale.
6.3 The Buyer and Seller agree to contract out of each provision which, under sections 115(1) and 115(7) of the PPSA, they are permitted to contract out of, other than sections 117, 118, 134(1) and 135. To the extent permitted by law, the Buyer also waives any rights that it might have (including to receive any notice) under sections 92, 93, 94, 95 and 96 of the PPSA.
6.4 To the extent permitted by the PPSA:
(a) the Buyer waives its right to receive each notice which section 144 or 157 of the PPSA permits to be waived;
(b) the Buyer waives its right to receive anything from the Seller under section 275 of the PPSA and agrees not to make any request of the Seller under that section.
6.5 For the purposes of section 275 of the PPSA, the information of the kind mentioned in section 275(1) of the PPSA must not be disclosed by the Buyer except where required by section 275(7) of the PPSA.
6.6 The Buyer, when requested to do so by the Seller, must do all things which the Seller asks to ensure that these Terms and Conditions of Sale (including any purchase order) and any security interest granted under it is fully effective, enforceable and perfected with the priority required by the Seller and otherwise enable the Seller to exercise its rights in connection with that security interest. This may include:
(a) doing anything to make, procure or obtain any consent, authorisation, registration or approval in respect of anything, or to facilitate it;
(b) creating or executing (or procuring the creation or execution of) any document, including any form, notice, consent or agreement; and
(c) delivering documents or evidence of title or otherwise giving possession or control with respect to any personal property or other asset.
7. ACCEPTANCE OF GOODS
7.1 Acceptance of Goods delivered to the Buyer shall be deemed to have taken place at the expiration of 3 days of the date of delivery to the Buyer.
7.2 Before accepting any Goods, the Buyer must examine the Goods for loss or damage. When loss or damage occurs to the Goods, the Buyer must claim immediately on the Buyer’s transportation or insurance company.
8.1 Subject to clause 8.2, the Seller warrants that it will, at its option, replace, rework, refund the price of or give a credit in relation to any Seller branded Goods for defects in respect of materials or workmanship (the "Warranty"), except that Goods purchased on special order are not acceptable for credit and any Goods under the invoice value of $50.00 are not acceptable for credit. A 10%-25% handling, repacking and processing charge may be applied to all credits depending on the nature of the Goods. No claims will be recognized after 10 days from the date of invoice.
8.2 The Warranty shall be valid for a period as stated on the Seller’s website or quotations pursuant to which the Order was given.
8.3 The Warranty shall not apply in each situation set out in the exclusions within the Seller’s warranty terms on the Seller’s website.
8.4 Notwithstanding any other terms and conditions of sale referred to in clause 2.1, but only to the extent permitted by the Competition and Consumer Act 2010 (Cth) or any other applicable law, the Seller's liability under the Warranty shall be limited to, at the option of the Seller, the replacement of the Goods, refund of the purchase price or allowing credit in relation to the Goods.
8.5 The Seller's no-fault policy and procedure and replacement of, refund or credit in relation to any Goods shall not constitute and its customers should not construe that replacement, refund or credit, as an acceptance of liability or an admission of negligence of fault by the Seller.
8.6 Any statutory or other warranties, terms and conditions of sale or representations not contained in the terms and conditions of sale referred to in clause 2.1, whether expressed or implied, are hereby excluded to the extent that they may be lawfully excluded by agreement between the Buyer and the Seller.
8.7 The Seller may also distribute non-Seller branded Goods in which case the Manufacturer warranty shall apply.
8.8 In the event of any inconsistencies between this clause 8 and a warranty policy as stated on a Seller’s website, the website policy shall prevail.
The Buyer must provide and maintain suitable and safe equipment to receive delivery of the Goods and comply with all relevant Laws and Australian Standards relating to the operation and installation of that equipment.
10. LIMITATION OF LIABILITY
Notwithstanding any other terms and conditions of sale referred to in clause 2.1, but only to the extent permitted by the Competition and Consumer Act 2010 (Cth) or any other applicable law, the Seller's liability in respect of any loss, damage or harm of any kind (whether direct or indirect and whether in contract, tort, negligence or pursuant
to statute or otherwise and including any loss or damage in the form of personal injury or death, loss or damage to property and any loss of revenue or increase in expenses) suffered by the Buyer in relation to the Goods shall be limited to, at the option of the Seller, replacement of the Goods, rework of the Goods, refund of the purchase price or a credit in relation to the Goods. The Seller will have no liability for failure or delay in supplying the Goods (including consequential loss or damage).
The Seller may, at its option, cancel or suspend any contract arising out of acceptance of an Order and take over the Goods and dispose of them to recover an loss, damage or harm suffered by the Seller as a result of the Buyer ceasing or threatening to cease to carry on business, undergoing a charge in effective control without the Seller's consent, defaulting in making payment to the Buyer, being unable to pay its debts as and when they fall due, entering into a deed of company arrangement, taking steps to commence liquidation or having a receiver or similar official appointed over its assets.
12. RIGHT TO ENTER PREMISES
Pursuant to clause 11, the Seller is irrevocably authorised by the Buyer to enter any premises where the Goods are kept, and to use the name of the Buyer and to act on the Buyer’s behalf, if necessary, to recover possession of the Goods in which the Seller retains title, without liability for trespass or any resulting damage.
13. FORCE MAJEURE
The Seller shall not be liable to the Buyer for any loss, damage, or harm of any kind (whether direct or indirect) however arising by reason of force majeure being any cause not within the reasonable control of the Seller or its suppliers.
14. SECURITY DEPOSITS
Security deposits will be charged on Goods specified by the Seller from time to time. A security deposit will be refunded to the Buyer only upon return of the Goods to the Seller within 6 months of the date of delivery of the Goods.
15. APPLICABLE LAW
The construction, validity and performance of these terms and conditions shall be governed by the law in force in the State of Queensland, Australia and the parties submit to the jurisdiction of the courts of Queensland.
No failure to exercise nor any delay in exercising any right, power or remedy under this Agreement operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
17. INTELLECTUAL PROPERTY
The Buyer acknowledges the Seller’s title to all product designs, illustrations, photography, designs, graphics, images, logos, text and other related materials to be copyrights, trademarks, registrations and intellectual property of the Seller. Use, duplication, reproduction, distribution, display or transmission of same without the permission of the Seller in writing is prohibited.
18. NEW MODELS
If a particular model of a Good has been replaced by a new model, the Seller may, after consultation with the Buyer, supply the new model instead of the old model, and the price and terms will be those applicable to the new model.