Terms & Conditions
Thank you for choosing PJ’s 4X4 to provide for your vehicle. The supply of goods and services by PJ’s 4X4 to you is governed by these Terms and Conditions of Supply.
1. ORDERING
1.1 All written quotation/invoices given to you by PJ’s 4X4 are valid for fourteen (14) days from the date of the quotation/invoice. You acknowledge and agree that you understand the contents of the written quotation/invoice, these Terms and Conditions of Supply and that all matters discussed between you and the PJ’s 4X4 sales person that are relevant to the supply of goods and services to you have been accurately recorded in the quotation/invoice. 1.2 If you agree with the quotation/invoice you may place an order for goods and services in accordance with the instructions outlined in the quotation/invoice. If PJ’s 4X4 accepts the order, you agree and authorise PJ’s 4X4 to supply the goods and services to you in accordance with the quotation/invoice and on these Terms and Conditions of Supply.
1.3 All products fitted into a vehicle will be fitted in a ‘best fit’ scenario decided by the fitting staff. Any specific measurements or specifications relating to the placement or construction of products specifically required by the customer must be specified at the time of the quotation/invoice and noted in writing on the quotation/invoice, or if there are amendments to the quotation/invoice they must be added to the quotation/invoice no less than seven (7) days prior to the job being started. All amendments to the quotation/invoice must be made in writing and signed by all parties. No responsibility is taken by PJ’s 4X4, its agents, brokers or dealers for information not supplied in writing by the end user or original quotation/invoice holder and the consequences of not having the specified information. 1.4 No penalties, refunds or discounts will apply to any PJ’s 4X4 branch, agent, broker or dealership for noncompliance of the quotation/invoice by the customer; it is the responsibility of the customer to ensure all specific requirements for the quotation/invoice are in writing on the quotation/invoice and/or any technical drawings requested. Any changes or alterations (must be in writing) made to the quotation/invoice during the build process will incur extra charges for modifications. No responsibility will be taken by PJ’s 4X4, its agents, brokers or dealerships for time lost or late delivery due to noncompliance of the quotation/invoice conditions by the end user or original quotation/invoice holder.
1.5 Any penalties for noncompliance of time deadlines as per any tender document or tripartite agreements will be adhered to as per the legal agreement in that document. All tripartite agreements and contracts must be signed and witnessed by all three (3) parties before any commencement of contracts can begin.
2. PRICES, DEPOSITS & PAYMENTS
2.1 The price for all goods and services supplied by PJ’s 4X4 to you is the price set out in the quotation/invoice and includes GST unless stated otherwise.
2.2 If PJ’s 4X4 has agreed to supply ‘special order’ goods to your specifications or non stocked colour, you must pay a 50% non-refundable deposit when PJ’s 4X4 accepts your order.
2.3 Unless otherwise agreed by PJ’s 4X4, you must make full payment for the goods and services supplied to you before you remove your vehicle from PJ’s 4X4’s premises OR before the item is dispatched to your address or to a third party installer, even if organised by PJ’s 4x4. All products remain the property of PJ’s 4X4 until goods are paid for in full. You must not withhold payment or make any deduction from the invoiced price or any amount owing to PJ’s 4X4 without its prior written consent. Any discrepancy between the goods and services to be supplied under the quotation/invoice and the goods and services supplied which requires rectification will be rectified by PJ’s 4X4 within a reasonable time.
2.4 PJ’s 4X4 accepts bank cards, payment by EFTPOS and fleet cards all carrying a 1.5% surcharge however American Express and Diners club will NOT be accepted under any circumstances.
2.5 If you have a credit account with PJ’s 4X4, you must make full payment within fourteen (14) days from the end of the month which the invoice is dated, in which case you must pay by bank direct deposit, cash or cheque only.
2.6 PJ’s 4X4 may charge you interest on any overdue amounts at the rate which is 3% per annum above the then current cash rate target of the Reserve Bank of Australia, calculated from the due date for payment until the day of full and final payment. PJ’s 4X4 may charge up to a $100 administration fee on any returned or dishonoured cheques.
2.7 By ordering goods and services from PJ’s 4X4, you agree to these Terms and Conditions of Supply (with or without signatures). PJ’s 4X4 reserves the right to pass on any fees and charges related to the recovery costs of any debt collection agency or lawyer in recovering money owed to PJ’s 4X4 or any of its branches. 2 of 6
3. TITLE AND RISKS
3.1 Notwithstanding delivery of the goods to you, title in the goods will not pass to you until you have paid all amounts owing to PJ’s 4X4 and until all outstanding monies have been paid to PJ’s 4X4, PJ’s 4X4 will be entitled, without the necessity of giving any notice, to remove (and where necessary disconnect) the goods from your vehicle. 3.2 You acknowledge that clause 3.1 creates a purchase money security interest in the goods which PJ’s 4X4 is entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (PPSA). You waive your right to be provided with verification statements under s 157 of the PPSA. You and PJ’s 4X4 agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA. 3.3 Risk of loss or damage to the goods will pass to you when your vehicle is made available to you at PJ’s 4X4’s premises.
4. CANCELLATIONS
4.1 Once accepted by PJ’s 4X4, you may only cancel an order by a request in writing sent via email to PJ’s 4X4 to info@pjs4x4.com.au
4.2 You agree to pay to PJ’s 4X4 any product and material costs that PJ’s 4X4, in its sole discretion, considers it is unlikely to recoup as a result of your cancellation.
4.3 In the case of made to order goods or custom (non stocked) colour orders, if you cancel the order after you have paid the deposit specified in clause 2.2, which is non-refundable, you may be required to pay a cancellation fee in addition to any amounts payable under clause 4.2.
5. DAMAGED GOODS
5.1 If good are damaged in transit, this must be recorded in writing at the time of receipt. PJ’s 4x4 does not accept liability for damaged goods if the delivery has been accepted by the receivers without appropriate records of damage with the delivery company at the time of delivery. Please check carefully. The goods are insured against damage in transit by insurers appointed by PJ’s 4x4 for the benefit of the buyer of the goods. If the good are found to be faulty or incomplete, this needs to be recorded and submitted to PJ;s 4x4 in writing within 3 days of receipt of the item. Claims again the product after the 3 day period may not be accepted unless it’s a warrantable item under section 6 (below).
6. WARRANTY AND GUARANTEES
6.1 You acknowledge and agree that any warranties provided by the manufacturer of your vehicle may be void as a result of PJ’s 4X4 supplying goods and services with respect to your vehicle. It is your responsibility to verify this with the provider of such warranties. PJ’s 4X4 will not be liable in any way for any claims or loss suffered in connection with any warranties provided by third parties which cease to be valid or enforceable as a result of PJ’s 4X4’s supply of the goods and services under these Terms and Conditions of Supply.
6.2 Glass breakage: PJ’s 4X4 does not offer any warranty period relating to the breakage or scratching of glass on any of their own or supplied products. This period commences once the product has been collected by the customer or receipted by a 3rd party (ie. car dealership, Freight Company, car carrier etc.)
6.3 Canopies: Your fiberglass canopy is guaranteed free from any major defects due to faulty materials or workmanship. Your canopy is covered by PJ’s 4X4 for be below stated period from the date of purchase and subject to normal conditions of use. This guarantee loses its validity if any modifications or work is carried out on the canopy or if the canopy is damaged during installation by anyone other than authorized installers of PJ’s 4X4 and only when directed to install by PJ’s 4x4, if the canopy is mistreated in any way or if the canopy is sold or transferred by the original retail purchaser. The warranty does not cover broken or scratched glass, scratching on the stem of the gas struts, twisted or bent gas struts, scratching or rusting after installation, loss, accident, crazing resulting from impact or damage due to fire or forces of nature and theft. Canopy exterior paint defects include paint runs, low gloss, overspray, waves, pin holes, tape marks, polishing and/or sanding marks and visibility of touch up and dust/dirt in the paint. Warranty does not cover damage to the paint from stone chips, hail/windstorm damage chemical/industrial fallout, bird/animal droppings or any other environmental condition. Damage or wear and tear to the vehicle’s paint finish caused by the canopy resting on the vehicle bed rails and from the canopy rear tailgate touching the vehicle tailgate are not warranted. In the event of any claim under this warranty we shall repair or replace the canopy or take corrective action at our option. In no case shall we accept any responsibility or liability for indirect or consequential loss or damage extending beyond the cost of repairing or replacing the canopy or any expense resulting from the transportation of the canopy to or from the place of repair.
6.4 Water resistance: Ute canopies are an aftermarket accessory fitted to an unsealed tub and are designed to be “weatherproof” and not “waterproof”, while every effort is made to ensure our canopies are water resistant under normal driving/weather conditions, we do not guarantee that any product will be perfectly sealed regardless of pricing. Use of high pressure washing machines, automatic car washes and unusually extreme weather conditions may cause water leakage into the rear cabin area of the canopy – this is not covered under warranty. In the case of extreme water ingress, the canopy may have to be assessed for re-fitment or a fitment correction to rectify. In such case section 6.3 applies.
6.5 Colour Coding: PJ’s 4x4 products are colour coded to the paint manufacturers specifications, An identification colour code is developed by the paint manufacturer to accommodate any variations on vehicles painted worldwide as one generic colour. The process of colour coding is not the same as colour matching. PJ’s 4x4 does not offer colour matching and thus cannot guarantee an exact match to your vehicle from its products. Although we take every step to ensure the canopies are painted to match the code as close as possible, some variations need to be taken into consideration such as; Product material comparison, vehicle age, sun exposure, painting technique and difference in material used. Discoloration of paint may in sue after several years of use and is considered a natural ageing process.
6.6 Fibreglass: Fibreglass (fiberglass) used in our products is manmade and hand sanded to achieve our complex shapes and designs. Fiberglass is lightweight, has great insulation properties and is high strength which makes it perfect for making canopies. Because our canopies are handmade, we cannot guarantee against minor imperfections. Distortions in the fibreglass surface and small gel coat cracks may also appear after time and are considered a natural characteristic of fibreglass and is not considered to be a cause for warranty returns.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions or the Express Warranty provided by PJ’s 4X4 limits or excludes any terms, guarantees, warranties, representations or conditions implied or imposed by law which by law may not be limited or excluded. Subject to the foregoing, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded.
7.2 Where PJ’s 4X4 is unable to exclude terms, guarantees, warranties, representations or conditions but is able to limit them, PJ’s 4X4 limits its liability for any breach, at its option, to the repair or replacement of goods, or payment of the cost of repairing or replacing the goods or in the case of services, to supplying the services again or the cost of having the services supplied again.
7.3 To the extent permitted by law, PJ’s 4X4 will not be liable for physical or financial injury, loss or damage (including consequential or indirect loss, loss of profit and loss of opportunity) arising out of the supply or use of the goods or services, however arising, including negligence, except as expressly provided in these Terms and Conditions of Supply.
7.4 Any vehicles left at PJ’s 4X4 premises remain the sole responsibility of the customer and PJ’s 4X4 shall not be liable for any loss or damage to any customers’ vehicle by any cause while left on PJ’s 4X4 premises.
8. FORCE MAJEURE
8.1 PJ’s 4X4 will not be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay is due to any circumstance beyond the reasonable control of PJ’s 4X4.
8.2 If PJ’s 4X4 is delayed from performing its obligations due to such a circumstance for a period of at least 3 months, PJ’s 4X4 may terminate its agreement with you by giving you 5 business days’ written notice.
9. GENERAL
9.1 In these Terms and Conditions, unless the contrary intention appears:
a) a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
b) a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
c) the word “including” and similar expressions are not words of limitation;
d) a reference to conduct includes any omission and any statement or undertaking, whether or not in writing; and
e) where an act is to be performed on a day that is not a business day, the act will be required to be performed on the following business day.
9.2 Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by facsimile or post to the party to whom such notice is intended to be given, at the address or facsimile number of that party in the Terms and Conditions or to such other address or facsimile number as may from time to time be notified in writing to the other party.
9.3 If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.
9.4 Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
9.5 These Terms and Conditions (together with the quotation/invoice) contain the entire agreement of the parties with respect to its subject matter and may only be amended in writing signed by authorised representatives of both parties. For the avoidance of doubt, no terms and conditions printed on or referred to in your offer to purchase or order will be binding on PJ’s 4X4 or have any legal effect unless expressly agreed to in writing by PJ’s 4X4. .
10. PRODUCT MAINTENANCE
10.1 Upon receiving your vehicle, regular checking of products installed must be maintained to ensure all fasteners are tightened as per the Care Guide given at the time of delivery. It is required that a monthly inspection (or every 5000kms) be carried out on all fasteners on roof racks, ute canopies and all other relevant products fitted or supplied by PJ’s 4X4.
Monthly examinations and check overs on canopies should include everything listed on the Care Guide given to you. If you have not received your Care Guide, contact PJ’s 4x4 immediately to obtain a copy. If the regular maintenance is not completed, your warranty will be void. At the sight of evident damage or faults, you must contact PJ’s 4X4 immediately.
11. VEHICLE LOADING
Your Canopy and vehicle accessories that have been supplied/fitted to your vehicle by PJ’s 4X4 will increase the tare mass of your vehicle. We highly suggest you re-weigh your vehicle with these fittings to obtain a revised tare mass. The gross vehicle mass of your vehicle is recorded on the vehicle’s compliance plate or is available from the vehicle manufacturer. The difference between these weights (GVM - revised tare) is the maximum vehicle load and should not be exceeded. You must allow for the weight of fuel and all occupants within this maximum vehicle load and load your vehicle appropriately. Please also re-measure your vehicle for accurate heights if a canopy and/or racks have been fitted. It is the responsibility of the drivers and / or the company they are employed with to ensure they do not overload their vehicle.
LIMITED EXPRESS WARRANTY
This warranty is given by:
ATF The Don Family trust Trading as PJ’s 4x4
(ABN 45 207 763 709) – 1800 008 458
7851 Goulburn Valley Highway, Kialla VIC 3631
www.pjs4x4.com.au info@pjs4x4.com.au
In relation to the goods and services provided to you by PJ’s 4X4.
To be able to make a claim under this warranty you must be the original customer and the person who owned the vehicle at the time PJ’s 4X4 performed services or installed the goods in relation to which you are making a claim under this warranty. The benefits given by each warranty set out in this document are in addition to any other rights and remedies you may have under a law in relation to the services or goods to which the warranty relates.
GENERAL
This warranty is valid to the original customer of PJ’s 4X4 as the owner of the vehicle at the time PJ’s 4X4 supplied the services or goods. You are not entitled to make a claim under this warranty if any work, not authorised by PJ’s 4X4, has been carried out on the goods supplied by PJ’s 4X4, or on any part of the vehicle which affects the goods supplied by PJ’s 4X4.
Unless otherwise stated you will bear the cost of claiming the warranty.
All work carried out under a claim made by you under this warranty must be carried out by PJ’s 4X4 or its authorised representatives at their respective premises only.
WARRANTY TERMS
ELITE Canopy
3 Year Structural
ELITE Canopy
2 Year Parts & Paint
Ute LIDS (All)
12 Months
Accessories (ALL)
12 Months (unless specified otherwise)
All warranties begin from day of invoice.
