Delivery and Variations

  • Delivery will be made to the location specified in the sales confirmation. Any changes to the delivery location will incur additional charges.

Inspection and Reporting

  • Inspect goods immediately upon delivery and before use. Report any shortages or damages within 7 days of receipt. You are responsible for any loss, damage, or deterioration after delivery.

Payment Terms

  • Pay for goods according to your approved credit terms. Interest on overdue amounts will be charged at the credit card rate set by Westpac Bank (Melbourne branch) on a daily basis.

Goods Return Policy

  • Goods are not supplied on a sale or return basis. Acceptance of our sales confirmation obliges you to take the goods even if ownership has not yet passed.
  • Any agreement to accept returns must be in writing and signed by us.
  • If returns are accepted, our current return conditions apply. Details available on request.

Credit Terms and Conditions

  • Credit may be granted at our discretion, and payment is due immediately if:
  • A meeting of creditors is called.
  • A mortgagee or agent takes possession of your assets.
  • A receiver is appointed for your assets.
  • You go into administration or bankruptcy.
  • A petition for bankruptcy or liquidation is issued.
  • You must cover any costs (including debt collector’s fees) incurred in recovering overdue payments.

Possession and Repossession

  • Until property in the goods passes to you, you are only a bailee of the goods. We can repossess the goods if payment is not made.

Storage and Use

  • Store goods separately and clearly identifiable as our property until sold or used.
  • If fixed to third-party articles, the resulting item will be co-owned by JoyNuts and the third party.
  • You act as our agent for sales and hold any proceeds on trust for us, keeping them identifiable as ours.
  • If proceeds are not received, you may need to assign rights to the sale price to us.

Actions for Non-Payment

  • We may:
  • Sue for amounts owed.
  • Retake possession of the goods.
  • Claim proceeds of sale.
  • Take other actions based on our rights.

Liability

  • Inspect goods upon delivery. We are not liable for damages or loss, including consequential damages, except as required by law. Our liability is limited to providing replacement goods, repair, or refund.

Terms Supersede Others

  • These terms override any prior dealings or terms from other documentation.

Definitions

  • References to “person” include corporations. Singular includes plural and vice versa.

Joint and Several Liability

  • If multiple parties comprise the client, all are bound jointly and severally by these terms.

Governing Law

  • Victorian law governs these terms, and any legal action must be brought in Victoria. Each delivery constitutes a separate contract.

Severability

  • If any part of these terms is declared void or unenforceable, it will not affect the enforceability of the remaining terms.

Agreement to Terms

  • By trading with us, you agree to these terms and our Privacy Policy. Do not place orders if you do not agree.

Changes to Terms

  • We may modify these terms at any time, and changes will be effective upon publication on the Site. Continued use constitutes acceptance of changes.

Interpretation

    • Definitions in the General Terms apply. This document should be interpreted accordingly.