Terms And Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.
All users of this site and customers of JMB Manufacturing Pty Ltd agree that orders, access to this site and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not place any orders with JMB Manufacturing Pty Ltd & please do not use this site.
Any parties that trade with us enter into this Agreement of our terms and conditions where you, the Customer, and/or its related entities on a non-exclusive basis trade under the following terms and conditions below which will prevail over and replace any terms and conditions proposed by you (the customer).
Buyer Beware
JMB Manufacturing Pty Ltd do not accept liability for items you choose from this website or advice obtained in person or via fax, email or letter or verbally over the phone or from information on this site, which can not be guaranteed to be accurate at all times. Please seek (current) advice & information from your local authority prior to purchasing goods from us as laws can be different from state to state, council to council & union to union. Laws can also change from year to year. You (the customer) are responsible for ensuring that the item/s you choose are approved/accredited for use for the application/purpose. Most items on our website have or currently comply with at least one regulation from at least one state in Australia from at least one year in the last decade but we can not be held responsible for providing up to date information on every product's legal use for each item's purpose for every state at all times.
Refund Policy / Exchanges / Restocking Fees / Consignment Discrepancies
Please choose wisely!
Refunds may be given on stock items at the discretion of company management. It is our STRICT policy to NOT give refunds on custom items or special orders so please choose carefully as refusal to refund often offends! We consider large quantity orders as "special orders" so please take that into consideration if you are ordering a large quantity of anything.
JMB Manufacturing Pty Ltd reserves the right to charge a restocking fee where a cash refund or credit onto your account is required. The typical restocking fee is either 15% or $25 min. depending on which one is greater due to significant order processing time for each sale plus post-sale administration costs and bank fees associated. If the sale is more unusual than an ordinary sale then JMB Manufacturing Pty Ltd reserves the right to charge a restocking fee of up to $50 or 50% whichever is greater.
This is an industry where a large proportion of our products are manufactured specially for you (the customer). In general, refunds will not be approved for items made up specially for your order.
Refunds will not be given on shipping costs unless it is due to an error made by our staff. Please choose your products carefully.
JMB Manufacturing Pty Ltd will NOT accept returns under any circumstances after 28 days from purchase; we can also not accept responsibility for lost or missing items from your consignment/s after 28 days have elapsed from the date that you accept your consignment. Please check off all items in your consignment/s on the day that you receive the consignment in order to bring up any potential discrepancies at that time.
Prices
All prices are subject to change without notice. All prices are assumed correct at time of publication but are subject to change at any time and may not be without error. Any price changes or errors in pricing will be notified via email if they affect any current orders. Any orders affected will be subject to a full refund at customer discretion if the price charged is significantly above or below retail value unless the value of the item is shown at $0 in which case we assume that your order is not a Tax Invoice rather it will be treated as an Official Purchase Order by you (the customer) in which case JMB Manufacturing Pty Ltd reserves the right to either update the price to a price at or close to retail price or refund your payment minus our standard cancellation fee on any funds transferred due to the significant administration costs in processing orders through our purchasing and administration systems.
Images
Actual products may vary slightly in appearance from the images shown. If you might have any concern at all with receiving a product that doesn't exactly match the image shown then please call first to clarify that the item we send will be identical to the image displayed on screen.
Availability
All products are subject to availability. Occasionally we may need to substitute an unavailable product with a generic product that will have an equal or greater value to be able to fill the order as soon as possible.
Some items are NOT stocked items and are made to order and the lead-time to manufacture these items can take up to 10 working days or more on rare occasions. If you have a tight deadline then we suggest that you inform us in writing.
There is a comments field at checkout stage where you are able to leave us a note outlining the deadline that you require your goods, making us aware of your due date. We do NOT however take any responsibility for the timeliness of our couriers. JMB will endeavour to make sure that things get to you on the timeline required but can not predict errors made by the courier or natural disasters that can slow freight down.
We also do NOT guarantee that we can meet your timeline requirement but we will make a reasonable amount of effort to either deliver in that timeline, or if we can not deliver in that timeline then will endeavour to make you aware of our estimated lead-time to dispatch your order.
Occasionally stock can run low on special items and so occasionally there can be a lead-time of these items of up to 7 weeks to get components or stock from overseas or other third parties, but that would only be on very rare occasions.
Accounts
These terms and conditions refer to online pre-payment sales only. Applications for credit accounts need to be applied for in writing and are only approved subject to our accounts department's discretion. Processing of applications normally takes 24-72 hours (dependant on credit checks) and we would normally expect that the first three transactions will be on pre-paid terms.
Contact JMB at info@jmbsignposts.com for an “Application for Credit” form which contains all the terms and conditions relevant to credit accounts.
Shipping Charges
Generally for website sales JMB manufacturing will ship via TNT Road Express. Your order can be tracked through their tracking system. Shipping charges vary depending on the products ordered & the destination. Shipping charges can be calculated on the shopping cart page once a product is added to your cart.
For especially large orders JMB Manufacturing may endeavour to use other low cost delivery services. In this case JMB will contact you to confirm the delivery cost before shipping.
The Buyer shall pay for all delivery, handling and insurance costs from the time the goods leave our premises. If the Buyer is not in a position to take delivery of the goods as scheduled, then the Buyer shall arrange adequate safe storage, or alternately, accept all additional delivery and storage costs.
JMB Manufacturing Pty Ltd cannot accept responsibility for any losses during transit. If your parcel goes missing, we will do everything we can to help you find it. Additional insurance can be added to the shipping cost by prior arrangement.
JMB Manufacturing Pty Ltd reserves the right to charge for re-delivery or re-direction. JMB Manufacturing Pty Ltd will invoice you according to the charge from the courier that we used for your particular consignment.
Deliveries to a P.O. Boxes will not be accepted
Tax Invoice
An itemised Tax Invoice is included in each shipment. All prices quoted are GST exclusive.
Returns & Exchanges
Customers are responsible for all postage associated with returns or exchanges for any reason.
Currencies
All prices are in Australian dollars, without GST. GST is added at the shopping cart.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under copyright laws, and is the property of JMB Manufacturing Pty Ltd. The collective work includes works that are licensed to JMB Manufacturing Pty Ltd. Copyright 2015, JMB Manufacturing Pty Ltd ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with JMB Manufacturing Pty Ltd or purchasing JMB Manufacturing Pty Ltd products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with JMB Manufacturing Pty Ltd or to purchase JMB Manufacturing Pty Ltd products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by JMB Manufacturing Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of JMB Manufacturing Pty Ltd used in the site are trademarks or registered trademarks of JMB Manufacturing Pty Ltd
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, JMB Manufacturing Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. JMB Manufacturing Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. JMB Manufacturing Pty Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Freight is NOT covered under any of JMB Manufacturing’s warranties
Please note that on some occasions JMB Manufacturing Pty Ltd may require you to either take a detailed photograph of the item, or, return the item to us in order to make a warranty claim. JMB Manufacturing Pty Ltd may refuse your warranty claim if you are not able to provide us with the evidence of the alleged problem.
Limitation of Liability
JMB Manufacturing Pty Ltd shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach to relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again
Typographical Errors
In the event that a JMB Manufacturing Pty Ltd product is mistakenly listed at an incorrect price, JMB Manufacturing Pty Ltd reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. JMB Manufacturing Pty Ltd reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, JMB Manufacturing Pty Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by JMB Manufacturing Pty Ltd without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
JMB Manufacturing Pty Ltd may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to JMB Manufacturing Pty Ltd.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Queensland, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of JMB Manufacturing Pty Ltd products) shall be in the state or federal courts located in Queensland Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of JMB Manufacturing Pty Ltd products) must be commenced within one (1) year after the claim or cause of action arises. JMB Manufacturing Pty Ltd's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. JMB Manufacturing Pty Ltd may assign its rights and duties under this Agreement to any party at any time without notice.