- 1.1 “we”, “our”, or “us” refers to Jewellery Services Australia Pty Limited.
- 1.2 “you”, “your” or “customer” refers to the customer, either retail or wholesale, either person or business.
- 1.3 “due date” means the date that payment is due, as specified in the tax invoice.
- 1.4 “quote” or “estimate” means a written estimated price of a product and/or service.
- 1.5 “service”, “good” or “product” and their plural, shall refer to all goods and services of any kind that we provide.
- 2.1 Jewellery Services Australia Pty Limited trades as Jewellery Services.
- 2.2 These terms & conditions are subject to change at any time and at the sole discretion of us.
- 2.3 These terms and conditions and any contract to which they apply shall be governed by the laws of Australia and are subject to the jurisdiction of the courts of Australia.
- 2.4 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
- 3.1 Unless otherwise agreed to in writing by us, our prices are subject to change without notice. If we agree to fixed pricing or provide a written quote or estimate, our prices for the applicable goods or services will be fixed for the agreed period or, if no period is agreed, until the expiry of reasonable notice from us.
- 3.2 All quotes & estimates are valid for 30 days from the date of issue, with the exception of diamonds and gemstone pricing which are valid for 7 days only.
- 3.3 Pricing on quotes, estimates & invoices will be stated both as GST inclusive and GST exclusive.
- 3.4 All pricing is provided in Australian dollars (AUD).
- 4.1 Unless otherwise agreed to in writing by us, all payments are to be made in full before goods are released.
- 4.2 The customer must pay each invoice in full without off-set, counterclaim, deduction of withholding, expect as required by law or specifically agreed in writing by us.
- 4.3 If you do not pay an invoice by the due date, we may charge you interest at 10% per annum on the unpaid amount from the due date until the date you pay it. Interest shall be calculated and compounded monthly. You must also pay any costs that are incurred by us (including all reasonable costs incurred by us to our solicitor and/or any costs charged to us by a debt collecting agency) in recovering the money that you owe us.
- 4.4 We reserve the right to suspend or restrict any service that we provide for you until payment is made in full. Where your account is overdue, we will give you 7 days’ notice before suspending any service.
5 Title & Transfer of Ownership
- 5.1 Goods deposited with us shall be held for a period of 12 months from the date of deposit. If the goods remain uncollected at the expiry of the 12 month period, the goods shall be considered to have been abandoned and ownership of the goods shall pass to us, which we may sell or keep the goods at our sole discretion.
- 5.2 Ownership of the goods does not pass from us to you until:
- (a) the customer has paid us in cleared funds all amounts owing for the particular goods; and
- (b) the customer has met all other obligations due by the customer to us in respect of all contracts between us and you.
- 6.1 All goods and services provided by us receive a 90-day warranty for the work rendered from the date of invoice, but such warranty shall not apply if:
- (a) the goods have been modified in any way; or
- (b) the goods have been incorrectly maintained, handled, or stored; or
- (c) the quote, estimate or invoice is stated as ‘no guarantee’.
- 7.1 We are not liable for any loss or damage caused to goods deposited with or arising from acts or defaults (including negligence or fraud) or any mistake or omission made in good faith. The customer waives any right of action for negligence or breach of duty which the customer may have against us or any other person or contractor engaged by us or any employee or employees thereof.
- 7.2 All risk of the goods supplied by us shall pass to the customer on delivery.
- 8.1 We shall (unless otherwise stated or agreed to in writing by us) deliver the goods by a carrier of our choice to the address (delivery address) specified by the customer.
- 8.2 The cost of delivery is in addition to the price of any good or service unless otherwise agreed to in writing.
- 9.1 You agree to notify us within 7 days of the occurrence of any dispute of charge or perceived defect.
- 9.2 We will investigate the dispute and if we agree with your assessment, we will offer a replacement service or make a billing adjustment.
- 9.3 If we do not agree with your assessment and you still dispute the account (which cannot be resolved in good faith) within 30 days, either party may submit the dispute to a mediator agreed by the parties.
10 Confidential Information
- 10.1 All product & service information and pricing that is not on our website is to be treated as confidential and shall not be disclosed to any other party unless we agree to this in writing. You must also not disclose any commercially sensitive information that you receive from us unless we agree to this in writing.
11 Force Majeure
- 11.1 Non-performance or partial performance by us will be excused, without liability, during the time and to the extent that such performance is prevented, wholly or substantially, by any cause beyond the control of a party including but not limited to any order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty producing goods, embargo, accident, emergency, outbreak of disease, or restrictions imposed to prevent an outbreak of disease, act of God or other contingency.