These terms and conditions apply to the supply of Products by Jay’s Synthetic Grass Pty Ltd ACN 601 285 821
1.1 Customer Quote Form
We will issue a Customer Quote Form to you for the supply of a Product subject to the terms and conditions set out in the Customer Quote Form and this document.
1.2 Request the Product
(a) You may request for supply of the Product on the terms and conditions set out in the Customer Quote Form and this document in accordance with the directions set out in the Customer Quote Form.
(b) We may accept or reject your request for the supply of a Product in our absolute discretion. If we accept your request, we will notify you of our acceptance in accordance with the procedure set out in the Customer Quote Form.
1.3 Agreement
We will refer to the agreement between us and you created by the Customer Quote Form and these terms and conditions as “this Agreement” and, save for any terms implied under law which cannot be excluded, this Agreement constitutes the entire agreement between us and you in relation to the Product. Definitions used in this Agreement appear in clause 11.
2.1 Purchase of the Product
You agree to purchase, and we agree to sell you, the Product in accordance with this Agreement.
2.2 Ownership and Risk
(a) Any Risk of the Product will be pass on to you immediately when it arrives at your Property.
(b) Ownership of the Product will only be passed to you when you have paid to us in full the Purchase Price in accordance with this Agreement and only then will you have a right of possession to the product. You must not sell, transfer, hire, lease, dispose of or part with possession of the Product to any person without our prior written consent until you have paid for the Product in full.
3.1 Payment terms
You must pay the Purchase Price to us as follows:
(a) the Deposit is due and payable on the Date of this Agreement or such other date as set out in the Customer Quote Form; and
(b) unless otherwise stated on the Customer Quote Form, the balance of the Purchase Price (being the Purchase Price less the amount of the Deposit received by us) must be paid to us on the Installation Date.
3.2 Manner of payment
All payments to us must be made in a manner agreed by us which may include credit card, cash, immediate transfer of funds or cheque. Payments must be made on the due date free from any deductions or set-off.
3.3 Failure to pay
Any payment made by you or on your behalf which is later avoided or reduced (including but not limited to an avoidance or reduction by the application of any law) or otherwise not received by us will be deemed not to discharge our title in the Product or your indebtedness to us.
3.4 GST
Unless otherwise stated on the Customer Quote Form, the Purchase Price is exclusive of any applicable GST.
3.5 Interest
Where there is a delay in making any payment to us as required by this Agreement you will pay interest on the outstanding amount at a rate equal to 1% above the Cash Rate published by the Reserve Bank of Australia from and including the day after payment is due until (but excluding) the day the payment is received by us.
3.6 Costs
Any and all expenses, costs and disbursements incurred by us in recovering or seeking to recover any outstanding monies due from you including (without limitation) debt collection agency fees and solicitors costs, shall be payable by you to us on demand.
3.7 Order of payments
Any payments received by us paid by you or on your behalf will be applied as follows:
(a) firstly, against any recovery costs payable in accordance with clause 3.6;
(b) secondly, against any fee payable for our attendance at the Property pursuant to clause 5.3(d)(2);
(c) thirdly, against all costs and/or expenses incurred or payable by us in relation to any requirement under the PPS Law;
(d) fourthly, against any interest accrued
You warrant (promise) to us that you are the sole or joint owner of the Property and/or are authorised by the owner of the Property (or, if there are more than one owner, each owner other than you) to enter into this Agreement and, if requested by us to do so, you will provide us with evidence of this fact prior to the Installation Date.
This clause 5 only applies in the event that we are Installing the Product. If we are not installing the Product then you are responsible for Installation and we accept no responsibility or liability for the Product once you have purchased it.
5.1 Preparing for Installation
Before the Product can be Installed, you must, at your own cost ensure that the area where the Product is to be Installed accommodates the Product.
5.2 No liability for damage during Installation
(a) We (and our approved contractors or agents) endeavour to take reasonable care to avoid and/or limit damage to the area where the Product is to be Installed; however, on occasion it is unavoidable.
(b) We will not be liable for and you release us from any liability for any loss, damage, expense or claim relating to the Installation of the Product.
5.3 Installation Date
(a) Subject to your availability and you confirming to us that any tasks required to be undertaken by you before the Installation Date have been completed, we will
endeavour to Install the Product within 30 days of the Date of this Agreement.
(b) We will advise you as soon as reasonably practicable after the Date of this Agreement of the Installation Date. Unless you agree to shorter notice, we will give you not less than 5 days’ notice of the Installation Date.
(c) We will attend the Property on the Installation Date at any time between 7am and 6 pm to Install the Product. Although we may advise an approximate time on the Installation Date at which we will attend the Property, such time is an estimate only and we may attend the Property at any time from 7am until 4 pm.
(d) You are required to be available at the Property on the Installation Date. If you are not at the Property when we attend the Property on the Installation Date, we may, without limitation:
(1) not install the Product on the Installation Date; and
(2) charge you a fee of $200 for our attendance at the Property on the Installation Date which must be paid by you to us on demand.
(e) If we are unable to attend the Property or complete the Installation on the Installation Date notified to you pursuant to this clause for any reason beyond our reasonable control (including but not limited to inclement weather), we will notify you and nominate an alternate Installation Date.
(f) You acknowledge and agree that we will not be liable for and you release us from any liability in respect of any loss, damage, claim or expense that you may suffer arising out of or contributed to by any nomination by us of or any delay of the Installation Date.
5.4 Access
On the Installation Date you must:
(a) be present at the Property and, if reasonably requested by us, remain there while the Installation is being carried out;
(b) provide the Installer and us with access to the Property for the purposes of Installing the Product; and
(c) ensure there is sufficient access to carry out the Installation including ensuring (without limitation) that there is clear access to the proposed location for the Product.
5.5 Removal of objects
You are responsible for removing any trees, plants and any other objects that may interfere with the use of the Product or damage the Product.
5.6 Take further steps as we request
You agree to promptly and at your cost sign any documents or take any other steps that we may reasonably require in order to permit or facilitate the Installation of the Product.
5.7 Your responsibility to monitor
It is your responsibility to monitor the workmanship and to notify us within 90 days of the Installation Date if there are any issues with the workmanship. We will not accept any claims regarding the workmaship that arise more than 90 days after the Installation Date unless otherwise specified in this Agreement.
6.1 Termination by us
We may terminate this Agreement by notice in writing to you and:
(a) refund the Deposit to you, less any costs we reasonably incur in respect of the Product or its Installation prior to such termination or any other amounts due from you to us which have not been paid, if:
(1) as a result of a cause beyond our reasonable control, we determine that we are or will be unable to comply with our obligations under this Agreement, including but not limited to if we are unable to obtain sufficient stock of the Product (including relevant components) or are unable to source sufficient workforce to complete the Installation; or
(2) we believe that Installation of the Product at the Property is unsafe or unsuitable, save where the lack of safety or suitability is caused by or contributed to by your breach of this Agreement;
(b) forfeit the Deposit which will be retained by us for our sole use, if:
(1) we have attended the Property at the time fixed for Installation twice and you are not there on either occasion,
(2) you have not paid any amount payable by you to us on the date that such payment is due;
(3) you suffer an insolvency event including but not limited to winding up, liquidation, provisional liquidation, bankruptcy, dissolution, the appointment of an administrator, controller, trustee, provisional liquidator or liquidator over your assets or it being determined or deemed that you cannot pay your debts as and when due;
(4) you cease to own or occupy the Property or if the owners or occupiers of the Property indicate or demonstrate an intention not to be bound by or comply with the terms of this Agreement; or
(5) you materially breach any term of this Agreement and do not remedy the breach within 5 Business Days of us giving you written notice of the breach.
6.2 Time for Refunding Amounts
If we are required to refund the Deposit to you, we will refund the Deposit received by us, less any costs we reasonably incur in respect of the Product or its Installation prior to the termination of this Agreement or any other amounts due from you to us which have not been paid, within 30 days after the date of termination.
6.3 Limitation of our liability on termination
Subject to clause 6 and any conditions implied by law that cannot be excluded:
(a) you agree and acknowledge that your sole and complete remedy for any termination of this Agreement pursuant to clause 7.1(a) is the refund of the Deposit pursuant to clause 7.2.
(b) you release and discharge us from:
(1) all claims and demands (including court costs and legal fees reasonably incurred); and
(2) any loss or damage whatsoever and whenever caused including but not limited to death or injury to any person, damage or loss to any property or financial loss; arising directly or indirectly from or as a consequence of the Installation and use of the Product; and
(c) you agree that we will have no responsibility or liability for special, indirect or consequential loss or damage in any circumstances, including as a result of any breach of this Agreement by us.
6.4 Your Indemnity
You indemnify and hold us harmless against all losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) that are caused by or contributed to by:
(a) your provision of false, inaccurate or misleading information relating to the Property;
(b) any personal injury or death of any person resulting from or contributed to by your breach of this Agreement, your negligence or the condition of the Property or any item located on or connected to the Property; and
(c) any loss or damage to any item of property resulting from or contributed to by your breach of this Agreement, your negligence or the condition of the Property or any item located on or connected to the Property.
7.1 Grant security interest
This agreement is a security agreement and our interest in the Product is a security interest. You consent to us registering our security interest on the PPS Register (in any manner we consider appropriate) and you agree to provide us with all assistance reasonably required to facilitate registration.
7.2 No third party interests
Until such time as title to the Product has passed to you as contemplated by clause 2.2(b), you agree not to in any way assign, charge, lease or otherwise deal with or create a security interest over the Product.
8.1 Personal information
(a) In order to supply you with the goods and services under this Agreement, you must provide us with all information which we reasonably request from you. We will collect, use and disclose the information you provide in accordance with our Privacy Policy.
You agree that we can use the information you provide:
(1) to supply goods and services to you under this Agreement;
(2) to fulfil our obligations under this Agreement; and
(3) to provide you with information about our business and services, and the business and services of our contractors and agents.
(b) We may disclose the information you provide:
(1) to our related bodies corporate, agents and contractors (such as installers, and data processing analysts);
(2) to any manufacturer or supplier of any of the goods provided under this Agreement;
(3) to debt collection agencies and credit reporting agencies; and
(4) as authorised by law.
8.2 Consent transfer of personal information
(a) Any personal information provided to us may be transferred to, and stored at, a destination outside Australia, including but not limited to China where we have entered into contractual arrangements with third party providers to assist us with providing our goods and services to you.
(b) Personal information may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, manufacturer’s agents, partners or related companies.
8.3 Privacy protection obligations
(a) By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storing or processing of your personal information outside of Australia. In providing this consent you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information.
(b) The Privacy Act 1988 requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your personal information outside of Australia do not breach the privacy principles contained within the Privacy Act 1988. By providing your consent, under the Privacy Act 1988, we are not required to take such steps as may be reasonable in the circumstances. However, despite this, we acknowledge the importance of protecting personal information and has taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this privacy policy.
(c) If you do not agree to the transfer of your personal information outside Australia, please write to us at info@jayssyntheticgrass.com.au
(d) If you provide us with personal information about another person (such as an additional account holder), please make sure that you tell that person about this privacy statement. To access the personal information that we hold about you write to us at info@jayssyntheticgrass.com.au
9.1 Notices
Notices sent to you from us, or from us to you, must be in writing. Notices must be addressed to a party as set out in the Customer Quote Form (or any alternative details notified) and provided to the other party:
(a) personally by hand delivery and in such case will be considered to be received at the time of delivery;
(b) by pre-paid post and will be considered to be received on the second business day after the date of posting;
(c) by facsimile and will be considered to be received at the local time (in the place of receipt of that fax) which equates to the time at which that fax is sent as shown on the transmission report which is produced by the machine from which that fax is sent and which confirms transmission of that fax in its entirety; or
(d) by email and will be considered to be received at the local time (in the place of receipt of that email) which equates to the time at which that email is sent as shown in the delivery receipt.
Notwithstanding clause 10.1, any notice given on a day that is not a Business Day or after 5pm on a Business Day will be deemed to be given at 9am on the next Business Day.
9.2 No Assignment
Unless we give you our prior written consent, you must not transfer, assign or otherwise dispose of any of your rights or obligations under this Agreement. We can assign or novate this Agreement without notice to you to any person that we believe has reasonable commercial and technical capability to perform our obligations under this Agreement.
9.3 Waiver of Rights
If we do not enforce any right or delay in enforcing any right under this Agreement this must not be construed as a waiver of our rights under this Agreement.
9.4 Governing Law
This agreement is governed by the laws of the State or Territory in which the Property is situated.
9.5 Amendments to this Agreement
A variation of any term of this Agreement must be in writing and signed by the parties.
9.6 Effect of Invalid Terms
If any term of the contract is invalid or unenforceable it can be severed from the contract without affecting the enforceability of other contract terms.
The meanings of the terms used in this Agreement are set out below:
Agreement means the agreement between you and us, including these terms and conditions and the Customer Quote Form.
Business Day means any day except a Saturday, Sunday or public holiday in the place which the Property is situated.
Customer Quote Form means the customer quotation or order form incorporating these terms and conditions.
Date of this Agreement means the date on which we accept your request for the supply of a Product.
Deposit means the amount you must pay as a security deposit, as set out in the Customer Quote Form.
Installation Date means the date which we notify you that we will Install the Product. GST means goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Installation means the services and works required to:
(a) conduct pre-installation site inspections at the Installation Property;
(b) install the Product in accordance with the manufacturer’s specifications;
(c) test the Product to ensure that it is working in accordance with the manufacturer’s specifications; and
(d) commission the Product so that it is operational, in accordance with this Agreement.
Installer means our contractor or agent who will carry out the Installation.
PPSA means the Personal Properties Securities Act 2009 (Cth) as amended from time to time.
PPSA Law means the PPSA together with any subsidiary legislation or regulations made under the PPSA and any amendment to a PPSA Law from time to time.
Product means the synthetic grass that is described in the Customer Quote Form.
Property means the property at which the Product will be installed, located at the installation address set out in the Customer Quote Form.
Purchase Price means the price identified as such on the Customer Quote Form, as payable in accordance with this Agreement.
Warranty Statement means our warranty in relation to the Product and its Installation as varied from time to time, a copy of which is available on our website at https://jayssyntheticgrass.com.au.
we, us or Jay’s means Jay’s Synthetic Grass (ACN 601 285 821) together with our officers, agents, contractors, employees and Installers.
you, your or Customer means the person, business or company named as the “Customer” on the Customer Quote Form.
11.1 Return Window
You are eligible for a return till after 7 days of making the purchase
11.2 In store returns:
If you are making an in-store return, the products will need to be identified by our admin team. Our team members will guide you through the process and ensure a smooth refund.
11.3 Online Refunds:
Refunds for online purchases shall be processed via original payment method. If for any reason our payment gateway system declines the return, we will refund using an alternative method. Refunds can take up to 14 business days to be processed.
11.4 Exceptions:
