STANDARD TERMS AND CONDITIONS OF SALE
JAPAN OZ TRADING PATHWAYS PTY LTD
1. DEFINITIONS AND INTERPRETATION
1.1. “Company” means JAPAN OZ TRADING PATHWAYS PTY LTD (ACN [Insert ACN]), trading as Japan Oz.
1.2. “Client” or “Customer” means the person, firm, corporation, or entity buying Goods or Services from the Company.
1.3. “Goods” means all motor vehicles, machinery, automotive tools, parts, and accessories supplied by the Company.
1.4. “Services” means any sourcing, importation, compliance, or consulting services provided by the Company.
2. APPLICATION OF TERMS
2.1. These Standard Terms and Conditions of Sale (T&Cs) apply to all sales and services provided by the Company to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
2.2. Supremacy: The Client explicitly waives its own standard terms and conditions, even if these were drawn up after these T&Cs. In order to be valid, any derogation or variation from these T&Cs must be expressly agreed to in advance in writing by a director of the Company.
3. ORDERS AND QUOTATIONS
3.1. All orders placed through the website japan-oz.com, email, or in person are subject to acceptance by the Company.
3.2. A contract is formed only when the Company issues a written invoice or sales contract.
4. PRICE AND PAYMENT
4.1. All prices are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) unless otherwise stated.
4.2. Vehicles: Prices for Vehicles typically exclude government on-road costs (registration, CTP insurance, stamp duty) unless explicitly stated as “Drive Away Price.”
4.3. Payment Terms:
a) A non-refundable deposit (as specified by the Company) is required to secure a Vehicle or piece of Machinery.
b) The balance of the Price must be paid in full via cleared funds (Bank Transfer or Bank Cheque) prior to the delivery or collection of the Goods.
4.4. Ownership of the Goods does not pass to the Customer until the Company has received full payment in cleared funds.
5. DEBT RECOVERY
5.1. If a payment is still outstanding more than sixty (60) days after the due payment date, the Company reserves the right to call on the services of a debt recovery company.
5.2. All legal expenses and costs associated with the recovery of the debt will be payable by the Client.
6. IMPORTATION AND COMPLIANCE
6.1. The Company warrants that Vehicles sold for road use are imported in compliance with Australian Design Rules (ADR) and certified by a licensed certifier.
6.2. While the Company undertakes to do its best to supply performant services in due time in accordance with agreed timeframes (e.g., shipping and compliance schedules), the Company is not liable for delays caused by customs, quarantine, or shipping lines.
7. OBLIGATIONS AND LIABILITY
7.1. Best Efforts: The Company undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results (an obligation of result).
7.2. Third Party Liability: The Company cannot, under any circumstances, be required by the Client to appear as a third party in the context of any claim for damages filed against the Client by an end consumer.
7.3. Consumer Guarantees: Nothing in these T&Cs is intended to exclude, restrict, or modify any rights or remedies the Client may have under the Australian Consumer Law (ACL) or the Motor Dealers and Repairers Act 2013 (NSW) which cannot be lawfully excluded. Where the Client is a "Consumer" under the ACL, the limitations in this clause apply only to the extent permitted by law.
8. CLAIMS AND DEFECTS
8.1. Notification: In order for it to be admissible, the Company must be notified of any claim regarding the Goods or Services by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
8.2. Failure to notify the Company within this timeframe constitutes an acceptance of the Goods and a waiver of any claim regarding visible defects or discrepancies, subject to non-excludable statutory warranties.
9. MOTOR VEHICLE STATUTORY WARRANTY (NSW)
9.1. For Vehicle sales, where applicable under the Motor Dealers and Repairers Act 2013 (NSW), the Company provides the Dealer Guarantee (Form 5 or 7) regarding the Vehicle’s roadworthiness and title.
9.2. This statutory warranty operates alongside the ACL and is not negated by the limitations in Section 7 or 8.
10. RETENTION OF TITLE
10.1. Ownership of the Goods remains with the Company and does not pass to the Client until the Company has received full payment of all sums due in cleared funds.
10.2. Until title passes, the Client holds the Goods as bailee and must store them separately and clearly identifiable as the Company's property.
11. GOVERNING LAW
11.1. All our contractual relations will be governed exclusively by Australia law.
11.2. The parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.