“Customer” means the party purchasing Products or Services from JJs Fleet.
“JJs Fleet” refers to JJs Fleet Limited.
“Products” means any Products, which JJs Fleet sells or provides to the Customer from time to time.
“Services” means any Services, including shipping, which JJs Fleet sells or provides to the Customer from time to time.
“Price List” means the list prices for Products and Services offered by JJs Fleet, and updated from time to time.
ACCEPTANCE OF AGREEMENT
The Customer agrees that by purchasing any Products or Services from JJs Fleet, it thereby enters into this Agreement with JJs Fleet and agree to be bound by the terms contained herein.
Where an order has been placed with JJs Fleet for Products or Services, it will be deemed to be acceptance by the Customer of these Terms and Conditions of Trade.
If these Terms and Conditions of sale are not acceptable the purchaser should immediately return the products unopened for credit.
APPLICABILITY OF THE AGREEMENT
These terms shall constitute a full and complete statement of the Agreement between JJs Fleet and the Customer and no variations or modifications of any term of the Agreement shall be binding unless agreed to in writing by JJs Fleet.
The terms and conditions set out below shall apply to all dealings between the parties, including all transactions for the supply of Products and provision of Services, unless otherwise agreed between JJs Fleet and the Customer in writing.
JJs Fleet may vary or amend these terms at any time. Any variations so made will apply to all orders placed by the customer after the time that amendments have been made.
SUPPLY OF PRODUCTS AND SERVICES
The Customer may order from JJs Fleet from time to time such quantities of Products and Services it requires, with orders to be in such format (whether written or otherwise) as JJs Fleet may require.
Whilst JJs Fleet will use its best endeavours to ensure that it is able to provide Products and Services to the Customer when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Customer as a result of failure to supply or delay in supplying Products and Services, regardless of the reason for the failure to supply.
JJs Fleet retains the absolute discretion at all time to refuse to accept any order made by the Customer for Products or Services.
Any period or date for delivery of Product or Services stated by or on behalf of JJs Fleet shall be regarded by the Customer as an estimate only and not a contractual commitment or representation which may be relied upon.
The Customer acknowledges that JJs Fleet may at its discretion engage agents or subcontractors in the provision of Products and Services to the Customer.
PRICE MATCH POLICY ON CUSTOMISATION ORDERS
At JJ’s Fleet, we are committed to providing our customers with the best value for their money. We understand the importance of competitive pricing and strive to ensure that our prices are fair and reasonable. Our Price Match Policy ensures that you receive competitive pricing on all customised services. We offer up to 20% discount on customisation orders if you find a lower price from a competitor.
Eligibility Criteria:
The customised products must be identical in terms of quality, materials, and specifications.
You must provide the last two invoices from the competitor for the same or similar customised orders.
The competitor’s price must be current and verifiable.
The competitor must be an authorized retailer based in New Zealand.
The price match and discount are subject to verification and approval by our team.
We reserve the right to limit the quantity of items eligible for a price match.
This policy is subject to change without prior notice.
PRICING AND PAYMENTS
All prices are in NZ Dollars, inclusive of GST, and exclusive of freight or handling charges.
The Customer shall be charged for the Products and Services as set out in JJs Fleet’ Price List as it applies at the time of the Customer placing an order for Products and or Services. If a Product or Service does not appear on the Price List, then JJs Fleet shall be entitled to charge a reasonable amount for that Product or Service.
The Customer acknowledges that the Products and the prices in the Price List may be modified by JJs Fleet from time to time without notice throughout the currency of this Agreement, and it shall be the responsibility of the Customer to check with JJs Fleet as to the availability and price of any particular Product immediately prior to placing any order.
Payment is required in full for all orders in advance of supply of Products and Services, unless otherwise agreed to in writing by JJs Fleet.
Any quotation provided by JJs Fleet to the Customer shall, unless otherwise stated in the quotation, be valid only for seven (7) days from the time it was made and may be withdrawn at any time by JJs Fleet within that period, and are subject to sufficient stock being available for sale at the time of ordering.
RISK
JJs Fleet accepts no liability for any default or delays in the delivery of the order or any part of it.
The risk in the Products and Services and all insurance responsibility for theft, fire or damage of any other kind shall pass to the Customer immediately upon delivery of the Products or Services to the Customer, regardless of whether there is any further work to be completed by JJs Fleet in regard to those Products or Services.
The Products and Services shall be deemed to be delivered to the Customer at the point of loading onto the shipping carrier, or being made available for uplift by the Customer, whether or not the Customer takes delivery at that time.
WARRANTIES AND LIABILITIES
The Consumer Guarantees Act 1993 shall not apply where a Customer is (or holds themselves out as) acquiring the Products and Services for the purposes of a business.
Except as provided by statute, JJs Fleet shall not be liable for any loss or damage suffered by the Customer or any other person whether or not the loss or damage arises either directly or indirectly from the Products or Services provided.
JJs Fleet gives no further warranty, expressed or implied, and will not be held liable for any direct, indirect or consequential loss arising from the use of any Products or Services supplied by JJs Fleet, any failings in the performance of, or any defect in, Product or Services supplied by JJs Fleet, or from any acts or omissions of JJs Fleet pursuant to these terms and conditions.
The Customer shall not be entitled to make any claim for defective Products or Services unless the claim is notified to JJs Fleet within thirty (30) days of purchase of such defect, and JJs Fleet is given a reasonable opportunity to investigate the claim.
JJs Fleet aims to display accurate photos of each variety offered, however from time to time the photos displayed may be generic from stock imagery, or only an indication of the ‘type’ and not variety specific.
RETENTION OF TITLE
Until JJs Fleet receives full payment (in the form of clear funds) for any Products or Services supplied by it to the Customer together with any other amounts owing by the Customer to JJs Fleet, the title and property in all of the Products or Services yet to be paid for remains vested in JJs Fleet and does not pass to the Customer.
JJs Fleet reserves the right in its absolute discretion to accept a return of unwanted Products and to credit the Customer with the cost thereof, in the event of acceptance of such a return.
Any request for the return of Products purchased by a Customer must be made to JJs Fleet within thirty (30) days of delivery of the Products.
Returned Products will only be accepted by JJs Fleet if the Product is unopened and in the same condition as when supplied, and the invoice number and the date of order is supplied.
The Customer shall pay all costs in relation to return of the Products.
Upon acceptance of returned Products, Grow Yours will credit the Customer with the cost thereof.
FORCE MAJEURE
JJs Fleet shall not be liable in any manner whatsoever to the extent that it has been prevented from performing any obligation under this Agreement by reason of matters beyond its control, including without limitation the inability to source Products, lack of availability for whatever reason of staff or contractors, other non-performance caused by telecommunications, utility, failures, or equipment failures, fires or acts of nature, or any other event over which the respective party has no reasonable control.
PRIVACY
You agree to be bound by our Privacy Policy, when you trade with us.
The Customer hereby authorises JJs Fleet to furnish to any third-party details of the Customer (for example, name and delivery address to shipping carrier) as a result of the Customer’s order being actioned by JJs Fleet.
The Customer has a right of access to, and may request correction of, personal information held by JJs Fleet about the Customer.
GOVERNING LAW
This Agreement shall be governed by the laws of New Zealand.
All proceedings within the jurisdiction of the District Court shall be filed in the Auckland District Court, New Zealand.
BREACH BY CUSTOMER
The Customer hereby indemnifies JJs Fleet in respect of any costs incurred by JJs Fleet (including legal costs on a solicitor/client basis) as a result of any breach of this Agreement by the Customer, including any breach of terms of payment for Products or Services. Such costs include but are not limited to the costs of any demands made of the Customer to remedy any breach, and any legal proceedings to recover unpaid money.
AGREEMENT TERMINATION
The termination of this Agreement for whatever reason shall not in any way affect any rights or responsibilities accruing prior to the termination taking effect and JJs Fleet’ rights in the event of default (including the ongoing accrual of interest and the right to indemnify for costs) shall continue beyond termination.
If any clause or part of a clause of these Terms and Conditions is held to be invalid or unenforceable for whatever reason then to the extent not inconsistent with that invalid clause the remaining provisions shall remain in full force and effect.
RELATIONSHIP OF PARTIES
Nothing in this Agreement shall give rise to a partnership or relationship of employment between JJs Fleet and the Customer.
WAIVER
JJs Fleet shall not be deemed to have waived any of its rights under these Terms because it has not enforced its rights. Any failure or delay by JJs Fleet to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future of the exercise of any other power or right. A waiver is not effective unless it is in writing.
GENERAL
The Customer must not assign any of its rights or obligations under these Terms without the written consent of JJs Fleet.
JJs Fleet is given and may exercise all rights referred to herein entirely without prejudice to any other rights that may be available to JJs Fleet.
The information available on our website or products aren’t a proper legal authority and shouldn’t be relied on in a court of law.
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