Seller means JIALIFT ABN 16 164 661 956
Buyer means any person, body corporate or entity which purchases or orders the products from the Seller.
Products means all products delivered by the Seller to the Buyer or to be delivered by the Seller to the Buyer
Contract means a contract between the seller and the Buyer for the sale or rental of the products.
1.1. ACCEPTANCE OF PURCHASER’S ORDER: These terms and conditions apply to every sales contract and sale of products between Seller and Buyer.
1.2 REJECT ORDER: The Seller reserves the right to refuse acceptance of any purchase order when:
1) the buyer’s order does not apply with these terms and conditions;
2) the order items are out of stock;
3) any quotation given by the Seller lapsed if not accepted by the Buyer within 15 days.
All prices are listed in our quotations and website exclude 10% GST. Prices listed and/or quoted are subject to change or alteration without notice. Quotations are to be treated as estimates only and subject to withdrawal, correction or alteration at any time before acceptance of Buyer’s order by Seller.
Products pictured in our website or on our catalogue are to be used as a guide only. Products may be substituted for as close as possible equivalent if they become unavailable. Sometimes, the color of the products may not same as pictured in our website or on our catalogue.
4.1. DELIVERY PRICES:
The freight prices based on home address or business address and how far from the delivery address to JIALIFT warehouse, as well as the shipping dimension of the delivery items. We will confirm freight charges after we get quote from freight companies.
4.2. DELIVERY AND RISK:
The risk of the products shall pass to the Buyer upon delivery to the Buyer’s delivery address or the nominated carrier’s depot. The Buyer shall provide or cause to be provided full and clear access for delivery and will at its own expense provide all necessary assistance in unloading the items at the nominated place of delivery.
Seller will not in any circumstances accept liability for damage, shortage or loss during transit. If delivery of the goods by Seller is delayed for a cause other than its own negligence the Buyer shall be liable for extra charges, losses or expenses incurred by Seller and the Buyer shall not be entitled to cancel the order by reason thereof.
4.3. DELIVERY TIME:
Seller may deliver the goods by instalments and Buyer will accept each delivery. Requirements of Buyers shall not be a condition or of the essence of the sale. Seller shall be under no liability for direct or consequential loss or damage to Buyer arising from delay or postponement in delivery.
Payments can be made via credit card, bank transfer or PayPal. Items can be collected or be arranged to delivery only after buyer paid the invoice.
Any requests by the buyer for cancellation of a purchase order must be in writing and may be facsimiled or email. The Purchaser is liable to reimburse the Supplier for the costs it has incurred for
1) Freight fee, if the order items are sent out. (freight fee including send out and take back the order items)
7. RETURN OF PRODUCTS：
7.1 The Buyer must send the written notification containing particulars of the invoice and the products and reasons for return.
7.2 Inspect the products will be done by Seller before process the refund
7.3 The Products’ condition is good and without any damage
7.4 Portion amount of price for the Products will refund if the Products have any damage caused by Buyer. The cost of repair the damaged Products will deduct from the amount of refund.
8. ACCEPTANCE OF CLAIMS:
Acceptance of the goods delivered shall be deemed for all purposes to have taken place at the expiration of seven (7) days from the date of each delivery.
9. CUSTOMIZED ORDERS:
Buyer will need place an order in writing to Seller for customized items. Buyer need to deposit 30% full price of the customized items to order the customized items.
Seller only accept to return deposit to Buyer when
- the customized items are not reached the requirements which were agreed by Seller when accept the customized order;
- or the customized items not placed to produce by factory yet.
Seller will not accept return the deposit when the customized item already been made by factory.
10. RISK AND PROPERTY:
The risk in the products or services sold shall pass to Buyer at the point of delivery. This shall also apply to any partial delivery of goods. If delivery of goods is delayed due to any circumstances beyond the control of Seller the risk passes to Buyer on the day regarded as date of delivery.
The Seller accepts no responsibility for the misuse or improper use of goods or products supplied. The Buyer accepts the full responsibility for any damage or injury either to property or persons caused by the products or services supplied by the Seller.
11. PERESONAL PROPERTIES SECURITIES ACT 2009(PPSA):
11.1 The Seller’s rights under this clause 8 secure;
- The Seller’s right to receive the price of all Products sold under this Contract, and
- All other amounts owing to the Seller under this Contract or any other contract.
11.2 All payments received from the buyer must be applied in accordance with section 14(6)(c) of PPSA.
11.3 The Buyer agrees that legal title and property in the products is retained by the Seller until payment is all paid which under the Contracts or otherwise. The Buyer must make sure the products which supplied by the Seller are readily identifiable by keep the product separate from other products and store the products.
11.4 The Buyer must not sell the Products except in the ordinary course of the Seller’s business.
11.5 If the Buyer fails to pay by the due date any amount owing to the Seller, the Seller has rights recover and resell any of the Products which has not passed to the Buyer. The Seller has rights to obtain the indemnifies from Buyer for all loss suffered and or incurred by the Seller as a result of exercising its rights under the clause 8.
11.6 In according to clause 8, Seller has security interest (for the purpose of the PPSA) in the Products and any proceeds until title passes to the Buyer. The Buyer must do anything reasonably required by the Seller to enable the Seller to register its security interest with the priority the Seller requires to maintain that registration.
11.7 The security interest arising under clause 8 attaches to the Products when the Buyer purchased and paid the total amount of price of the Products, and both Buyer and Seller are confirmed that they have not agreed that any security interest arising under the clause 8 attaches at any later time.
12. NO IMPLIED SERVICE:
The Buyer acknowledges that excepting as provided by law this agreement does not entitle the Buyer to demand to receive from Seller any site inspection or service of the products sold, delivered and installed if applicable. If the Buyer does require our services in respect of site inspection and service of the goods, the subject of this agreement, then the Buyer should arrange with us to enter a separate agreement in respect of same. In the event that no separate agreement in relation to site inspection and service is required by the Buyer, then the Buyer acknowledges that in the event of the goods supplied required to be serviced or inspected due to breakdown or otherwise, then the Buyer shall rely solely on any benefit in respect of same provided by the manufacturer.
13. CLERICAL ERRORS:
Clerical errors in computations, typing or otherwise in our product catalogue or website shall be subject to correction. Errors and omissions excepted.
14. MODIFICATIONS OF TERMS AND CONDITIONS:
JIALIFT reserves the right to all modifications and amendments to these Terms and Conditions.
All modifications and amendments to these Terms and Conditions shall be in writing and if otherwise shall not be binding upon Seller.
If any of the provisions of the Contract are unlawful or invalid by reason of any applicable statute or rule of Law, then such provision shall be severed from the rest of this Contract which shall remain valid and binding on the parties.
15. Errors and Omissions Excepted:
Prices subject to change or alteration without notice
Jialift Australia Pty LTD., hereinafter referred to as the Guarantor, shall guarantee good quality and proper functioning of the purchased device if used in the manner appropriate for the purpose thereof and in accordance with the operation manual, and shall provide warranty services subject to the following conditions:
1. This warranty covers the defects resulting from defective parts, materials or manufacturing, if such defects are revealed during the period of 12 months since the date of purchase.
2. The device is considered defective if it fails to perform the functions as indicated in the operation manuals, technical specifications or any other similar documents supplied with the equipment, and the failure is due to internal device characteristics.
3. The warranty does NOT cover consumables or parts of limited regular functionality due to their natural wear and tear.
4. The warranty does NOT cover any hardware or software by third party manufacturers or vendors, that is installed on the device under repair and delivered along with the device to the Guarantor Service Center.
5. The Guarantor shall not be held responsible for any loss and restoration by third party.
6. The defects and damages revealed during the warranty period shall be removed free of charge.
7. Removing defects and damages time could be extended in case a replacement parts will be imported outside of Australia or the defected or damage device will be shipped to producer’s service center.
8. Warranty services will be provided under the following conditions:
a. Immediately and effectively notify Guarantor about determined device’s defects and cease any using of it.
b. The marked device along with copy of commercial invoice should be delivered to the Guarantor Service Center.
c. The serial number of the delivered defective device must match the serial number sold to customer.
d.The Guarantor Service Center should be notified with maintenance log.
9. The Guarantor reserves the right to charge the warranty beneficiary with the costs of service, transportation, insurance and customs clearance if the defect does not fall within the scope of this warranty or the device has not been proven defective.
10. The warranty does NOT cover:
a. Mechanical or electric damages resulting from incorrect installation, configuration, usage or other activities inconsistent with the operation manual or contradictory to technical specifications attached to the device;
b. Damages caused by acts of God, floods, fires, lighting or other natural disasters, wars, unexpected events, inappropriate voltage, defective supply materials or other external factors;
c. The device that has been tempered with by the warranty beneficiary or any other person in any way, including reconfiguration, repair, willful constructional variations, modifications and adjustments;
d. The device without properly maintenance;
e. The activities specified in the operation manual, which remain the sole responsibility of the Customer in his own capacity and at his own expense;
f. Defects resulting from the usage of improper or non-genuine supply materials;
g. Damages due to the user’s fault or lack of knowledge;
11. The Guarantor reserves the right to replace the defective device or its component with a free-of-defects equivalent thereof, provided that such equivalent ensures efficiency and functionality equal to or higher than the original device or component. The replaced defective device or components shall become the property of the Guarantor.
12. The warranty period is extended by the time during which the repaired device stays in the Guarantor’s Service Center.
13. The Guarantor shall not be held responsible for any failure in performance of the obligations as stipulated in this warranty, whenever such failure is caused by a force majeure afflicting the Guarantor or the manufacturer of the device. Force majeure means any event or circumstance beyond reasonable control of the Guarantor which prevents the Guarantor from performing the obligations stipulated in this warranty, or results in the performance of the warranty services that is inconsistent with the conditions stated herein, and which could not have been foreseen by the Guarantor acting with the professional accuracy at the moment of assuming obligations under this warranty.
14. The Guarantor reserves the right to refuse to provide any warranty services if it would result in a breach of applicable laws.
15. The rights granted by this warranty shall not include the right of the warranty beneficiary to claim any lost profits in connection with defects of the device. The Guarantor shall not be held responsible for any material losses caused by the defective product.
16. This General Warranty Terms and Conditions may be changed if the buyer and the Guarantor establish different conditions in a separate agreement, and the provisions thereof supersede the respective provisions of the Privacy and Terms and Conditions.
17. Up to 5-years Warranty for specific categories
- For HELI brand new Li-ion Forklifts have up to 5-years warranty, Batteries have warranty for 5 years.
- For JIALIFT brand new semi & full electric walkie stackers, E07 series counterbalanced stackers and Q12 series reach stackers have up to 5-years warranty, Batteries have warranty for 6 months.
- For any other items warranty regarding to general 12 months warranty
Please note: For electric pallet jack, semi and full electric stacker, reach truck and forklifts, maintenance and service are required every 6 month or 500 running hours which ever come first to continue warranty, detail please refer to warranty certification for specific product or contact us 1300 000 168 for more details.