Terms and Conditions
Welcome to JPS.Kiwi
These terms and conditions outline the rules and regulations for the use of JPS.Kiwi, located at https://jascoautomotive.com/shop

By accessing this website we assume you accept these terms and conditions. Do not continue to use JPS.Kiwi if you do not agree to take all of the terms and conditions stated on this page.

JPS.Kiwi supplies all goods to you subject to these terms and conditions.

1. ACCEPTANCE

1.1. By placing an order with JPS.Kiwi you accept these terms and conditions, despite anything stated to the contrary on your order, terms and conditions of purchase or similar document

2. PRICE

2.1. All orders will be filled at prices quoted by JPS.Kiwi in writing or otherwise current at the date of delivery of the goods. Prices are subject to change without notice.

2.2. Unless stated otherwise, all prices are inclusive of GST or other taxes payable on goods supplied or on any amount payable under clause 7, freight costs, insurance charges and maintenance costs. You must pay all of these taxes and charges unless JPS.Kiwi agrees otherwise in writing.

3. TERMS OF PAYMENT

3.1. Payment is due in cash at the time you place an order with JPS.Kiwi for the goods, unless JPS.Kiwi has previously agreed to supply you on trade terms.

3.2. Where JPS.Kiwi has agreed to supply you on trade terms, payment is due on the 20th of the month following the date of invoice.

3.3. You must make payment of all amounts owing to JPS.Kiwi without any set-off or deduction.

4. DELIVERY

4.1. Dates given for delivery are stated in good faith but are not treated as a condition of sale. If delivery of the goods is delayed for any reason at all, JPS.Kiwi will not be responsible or liable in any way to you or any other party for loss suffered due to the delay.

4.2. JPS.Kiwi may make delivery by instalments and may cancel delivery of the goods or any instalments of the goods without limiting or affecting our rights to recover all money you owe JPS.Kiwi for deliveries already made.

4.3. Where you do not take delivery of the goods by the delivery date specified or any later date JPS.Kiwi agrees on, you must pay reasonable storage costs until you take delivery of the goods. JPS.Kiwi will determine the costs of storage and may invoice you.

4.4. JPS.Kiwi will not accept any claim for discrepancy in orders unless you make written claim to us within 48 hours of delivery.

4.5. Delivery by JPS.Kiwi to a carrier will be deemed to be delivery to you.

5. CONSUMER GUARANTEES ACT

5.1. If you are a consumer under the Consumer Guarantees Act 1993 and you have not contracted out of that Act under clause 6.1 of these terms and conditions, you may have certain rights under that Act, and nothing in these terms and conditions limits those rights.
6. WARRANTIES AND CONDITIONS

6.1. Where this agreement would otherwise be subject to the Consumer Guarantees Act 1993 (“Act”), and you are acquiring the goods for business purposes as defined in the Act, you agree that you are acquiring the goods for business purposes and that the Act does not apply to the supply of the goods to you.

6.2. Where you supply goods to one of your customers and the supply of goods to that customer would otherwise be subject to the Act, and the customer acquires or holds him or her self out as acquiring the goods for business purposes as defined in the Act, then you warrant that you will obtain the written agreement of the customer that the Act will not apply to the supply to him, her or it.

6.3. You must ensure that you purchase goods which are appropriate for their proposed application; and

6.3.1. Our liability in relation to the supply of goods is limited as set out in clause 11.

6.4. With the exception of any express written warranty we give, no warranty or condition will be implied against us by any statute, at common law or otherwise and no representation, condition, warranty or variation of these terms and conditions will bind us unless it is in writing and signed for JPS.Kiwi or on its behalf.

7. OWNERSHIP AND RISK

7.1. Risk in the goods will pass to you on delivery into your custody or custody of anyone acting on your behalf even though ownership in the goods may not have passed to you. You must insure the goods in JPS.Kiwi name and your name for our respective interests from the time of delivery until payment in full.

7.2. JPS.Kiwi will retain legal and beneficial ownership of any and all goods and/or any other goods which the goods have been incorporated or mixed with (‘mixed goods’) until JPS.Kiwi receives payment in full for them and all other amounts owing to JPS.Kiwi, and until you have satisfied all obligations you owe JPS.Kiwi, even though JPS.Kiwi may have granted you a period of credit.

7.3. You hold the goods and/or mixed goods as fiduciary bailee and agent for JPS.Kiwi and must store the goods and/or mixed goods in such a way that they are clearly identifiable as JPS.Kiwi property. You must keep separate records in respect of the goods and/or mixed goods, until payment in full has been made.

7.4. You will not sell, dispose of or otherwise part with possession of the goods and/or mixed goods except that you may sell them in the ordinary course of your business. Where you do sell or otherwise dispose of the goods and/or mixed goods prior to payment in full you must hold the proceeds of sale in a fund separate from your own money.

8. DEFAULT

8.1. Where JPS.KIWI considers you may be unable to meet your payment obligations to JPS.Kiwi, JPS.Kiwi may, without limiting or affecting our other rights and remedies, do all or any of the following:

8.1.1. Require you to stop selling or otherwise disposing of the goods or mixed goods;

8.1.2. Demand payment of all or part of any sums due;

8.1.3. Require security for your obligations before JPS.Kiwi make any further supplies to you;

8.1.4. Without notice, withhold deliveries of goods ordered by you.

8.2. Where:

8.2.1. You are in breach of any of these terms and conditions (including failure to make payment on due date); or

8.2.2. You become insolvent or are adjudicated bankrupt or an application is made for your liquidation or a liquidator or a receiver is appointed in respect of your assets; or

8.2.3. You no longer carry on business or threaten to stop carrying on business; or

8.2.4. An arrangement is made or likely to be made with your creditors;

8.2.5. Then, without limiting or affecting our other rights and remedies, JPS.Kiwi may do all or any of the following:

8.2.5.1. Where you have failed to make payment on due date, require you to compensate JPS.Kiwi by making payment to JPS.Kiwi on demand of interest as liquidated damages on the amount due from the due date until the date of payment at a rate equal to two (2) percent above the current overdraft rate which JPS.Kiwi have with our principal trading bank (in addition to you remaining liable for the full amount outstanding);

8.2.5.2. Cancel this and any other contract of supply with you;

8.2.5.3. Recover and/or resell any of the goods and/or mixed goods and enter any premises where JPS.Kiwi believes the goods and/or the mixed goods are stored and you grant JPS.Kiwi an irrevocable right and authority to do so. JPS.Kiwi may only recover and resell for JPS.Kiwi own account sufficient goods or mixed goods to satisfy all unpaid liabilities, the costs of recovery and resale and the costs referred to in clause 8.3. If JPS.Kiwi recovers any excess, JPS.Kiwi will not be liable in damages to you but must account to you for the excess.

8.3. You will pay all costs and expenses (including costs on a solicitor/client basis and debt collector’s costs JPS.Kiwi incur in enforcing or attempting to enforce our rights under this clause. JPS.Kiwi may deduct any costs and expenses incurred from the proceeds of sale of any goods or mixed goods recovered from you.

8.4. Your payments will be applied first in reduction of interest, liquidation damages and costs due under this clause, with the balance being applied in reduction of any amounts due under clause 3.

9. CLAIMS FOR DAMAGED OR DEFECTIVE GOODS
9.1. Subject to clauses 5, 6 and 11, JPS.Kiwi may at our discretion, repair any damaged or defective goods or make a reasonable allowance on the purchase of goods to replace the goods provided:

9.1.1. You return the goods within seven days of delivery at your cost, together with a copy of the invoice and a claim specifically identifying the damage or defect(s); and

9.1.2. JPS.Kiwi has a reasonable opportunity to investigate the claim.

9.2. If you do not comply with the above requirements, you will be deemed to have accepted the goods and JPS.Kiwi will not incur any liability whatsoever to you in relation to the goods.

10. CREDITS FOR RETURNED GOODS

10.1. JPS.Kiwi may at its discretion, give credit for returned goods which are delivered to JPS.Kiwi within seven (7) days at your costs in the same condition and packaging in which they were dispatched, with a copy of JPS.Kiwi invoice.

10.2. Goods returned for credit will attract a 20% re-stocking fee.

11. LIMITATION OF LIABILITY

11.1. Without restricting the limitations of liability contained elsewhere in these terms and conditions, JPS.Kiwi liability in relation to the supply of the goods and the goods themselves is limited to the purchase price of the goods in respect of which such liability arises. JPS.Kiwi has no further liability or responsibility for any direct, indirect or consequential injury, loss or damage of whatever type or however arising.

11.2. JPS.Kiwi is not responsible for any damage whatsoever caused either to the goods supplied or as a result of the malfunction of the goods if:

11.2.1. The goods are fitted by unqualified tradespersons or are fitted in an unprofessional manner; or

11.2.2. The goods are adapted to a use for which they are not specifically intended.

11.2.3. The goods are added to or repaired using components not recommended or approved by us or the manufacturer; or

11.2.4. The goods are improperly stored or transported.

12. FORCE MAJEURE

12.1. JPS.Kiwi will not be in breach of these terms and conditions because of any failure on our part directly or indirectly due to wars, strikes, lockouts, delays or defaults of manufacturers or suppliers, acts of God or any other cause (whether similar or dissimilar) beyond our reasonable control.

13. GENERAL

13.1. You indemnify JPS.Kiwi against any liability for any direct, indirect or consequential injury, loss or damage arising out of any act, default or omission of, or any representation made by you or your servants or agents.

13.2. If any of these terms or conditions is held by a court to be ineffective because of non-registration, illegality or any other reason, then that term or condition or part of it will be severed from all other terms and conditions without affecting the validity or enforceability of all other terms and conditions or part of them.

13.3. No waiver by JPS.Kiwi of any term or condition will constitute a waiver of any other of these terms or conditions.

13.4. JPS.Kiwi may vary these terms and conditions at any time by notice in writing to you. You may not vary these terms and conditions unless JPS.Kiwi agrees in writing.


The following terminology applies Terms and Conditions below, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies
We employ the use of cookies. By accessing JPS.Kiwi, you agreed to use cookies in agreement with the JPS.Kiwi Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License
Unless otherwise stated, JPS.Kiwi and/or its licensors own the intellectual property rights for all material on JPS.Kiwi. All intellectual property rights are reserved. You may access this from JPS.Kiwi for your own personal use subjected to restrictions set in these terms and conditions.

You must not:
Republish material from
Sell, rent or sub-license material from JPS.Kiwi
Reproduce, duplicate or copy material from JPS.Kiwi
Redistribute content from JPS.Kiwi
This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of JPS.Kiwi. JPS.Kiwi does not filter, edit, publish or review Comments prior to their presence on JPS.Kiwi. Comments do not reflect the views and opinions of JPS.Kiwi,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, JPS.Kiwi shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

JPS.Kiwi reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant JPS.Kiwi a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content
The following organizations may link to JPS.Kiwi without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to JPS.Kiwi in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to JPS.Kiwi. These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Company Name; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to JPS.Kiwi, you must inform us by sending an e-mail to JPS.Kiwi. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to JPS.Kiwi, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of JPS.Kiwi being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Company Name’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of JPS.Kiwi.

Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.