Terms & Conditions

Terms and Conditions of Trading

Date of last update: 3/12/2024

INTRODUCTION

In these terms and conditions, "we" "us" and "our" refers to FMJ Industries, ABN 58 644 750 733. Your access to and use of all information on this website including purchase of our product or services is provided subject to the following terms and conditions.

We reserve our right to change these Terms at any time, without notice to you. When we change these Terms, we will also update the “Date of last update” at the top of these Terms. You should check this page occasionally to ensure you are familiar with any changes.

The customer is deemed to have read, understood and accepted these terms and conditions if at any time access and use our website, place an order for goods through the website and request a quote for goods or services. If you do not agree with these Terms, you must not access or use this website, place any order for goods or services and or request a quote for goods and services.

GENERAL CONDITIONS

1. Our services are provided to adults over the age of eighteen (18) years. By using our website, placing an order or requesting a quote, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our website, and we reserve the right to change our prices at any time.

1. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. We reserve the right to refuse service to anyone for any reason at any time.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
4. The headings used in these terms and conditions are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

1. We strive to ensure that the information made available on our website is accurate as possible, however we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided is general information and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
2. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site
3. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

PRODUCTS AND SERVICES

1. We reserve the right at any time to modify or discontinue any product or Service without notice at any time
2. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
3. We reserve the right to discontinue any product at any time.
4. All products sold or manufactured by us are for offroad use. FMJ Industries makes no claim that products are legal or insurable for public roads, it is the purchases responsibility to check and ensure compliance with their relevant insurer and local regulatory bodies.

ORDERS

1. Postage is an additional charge, calculated at time of purchase though our website or via email by our sales representative if goods are a custom order (made to order).
2. Depending on the product size, weight or custom order (made to order), we may, at our discretion, opt to use any postal or freight company of our choosing. We maintain this flexibility of choosing shippers due to the price variances between shipping companies, (if the customer wishes to organise their own freight) In such cases we may offer assistance, a handling fee may be applicable.
3. We undertake to accept or reject your order within 1 week (7 days). If we have not responded to you within 1 week, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase.
4. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
5. We reserve the right to reject or limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
6. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

CUSTOM ORDERS (MADE TO ORDER)

1. Custom orders must be paid in full in advance and are non-refundable or exchangeable.
2. We may take photographs or record video of the Customer’s Vehicle before, during and after providing Services, or obtain such media through social media, Website or email (Media).
3. We may use the Media to promote our Goods and Services through social media, press releases, competitions and other forms of self-promotion. When engaging in such promotional activities, the Customer acknowledges and agrees that we may disclose the relationship between the parties and the nature of the Goods and/or Services provided and we may use and publish any part of the Media as we see fit.
4. Customers may opt out of Media being used for promotional activities by contacting us in writing.

RETURNS

1. Please refer to our Returns policy on our website for further information.
2. To be eligible for a return, we require a receipt or proof of purchase. your item must be unused and in the same condition that you received it. It must also be in the original packaging unless express written permission by us.
3. Several types of goods are exempt from being returned. Any goods specially made such as Custom order (made to order) goods, items cut to length, any goods altered or damaged by the Purchaser, any electrical parts that have been wired in and Downloadable CAD Drawings / Models products are not eligible for refund or return.
   
   

WEBSITE ACCESS

• You may, for personal use only, print a copy of any part of this website to view it. All other use, copying or reproduction of any part of this website is prohibited without express written permission by us.
• We make no warranty that the website will meet your requirements or be available on an uninterrupted, secure or error-free basis

THIRD PARTY LINKS

• This website may provide links to other websites. This is done for your convenience only. We take no responsibility for the content accuracy, currency of the information and maintenance of the privacy compliance of these sites. We do not endorse any information, goods or services referred to within those sites, and our provision of these links should not be taken as an endorsement.

1. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

INTELLECTUAL PROPERTY RIGHTS

1. All intellectual property rights (including copyright and trademarks) in the content and design of this website are owned by us.
2. You may, for personal use only, print a copy of any part of this website to view it. All other use, copying or reproduction of any part of this website is prohibited without our prior written approval.
3. Jeep, Ford, Nissan, Toyota are trademarks and/or service marks owned by their respective companies and are used for informational purposes only.
4. you agree that all Intellectual Property rights in the Goods, any Quote, and any other material, designs, methods or content developed by us under these Terms, including modifications, improvements and enhancements (Work IP), will vest in and are owned by us upon creation, even if based on the Customer’s request or feedback
5. Any Comment, feedback, idea or suggestion which are provided to us through our website becomes our property. We reserve the right to use these Comments in promoting, marketing or in any other way, we are not liable for any similarities which may appear from such use. You agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person.
6. If you provide us with Comments, you acknowledge that you are responsible for the content of such including its legality and copyright of the material.

MARKETING AND MEDIA

DISCLAIMERS

1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
3. We make no representation that anything offered through the website is available for use in other locations, or that it complies with laws and regulations of other locations
4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
6. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
7. In no case shall FMJ Industries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
8. We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the website, or that this website is free of viruses or other harmful components
9. You acknowledge that the intended use of our products is for off-road use only.

LIMITATION OF LIABILITY

• Our total liability to you for any claims arising out of or in connection with your use of our products and services under any statutory right that cannot be excluded is limited at our option to either the resupply of the relevant services or the payment of the cost of same.
• We are not liable to you on any basis (including negligence) for any loss or damage (however caused) arising out of or in connection with your use of our products and services.

INDEMNITY

• To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of this Website.

HOLD HARMLESS AGREEMENT

1. In purchasing a FMJ Industries product, I release, waive discharge and covenant not to sue FMJ Industries officers, servants, agents , or employees (hereinafter referred to as release’s) from any and all liability, claims, demands, actions and caused of actions whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me (or anyone else), any property belonging to me (or anyone else) whether caused by the negligence of the release’s or otherwise, while working on, using or any activity relating to this product.
2. I am fully aware of risks and hazards connected with the use of this product and I elect to voluntarily engage in such use of this product knowing that the use may be hazardous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me (or anyone else), or any loss or damage to property owned by me (or anyone else), as a result of using this product, whether caused by the negligence of release’s or otherwise.
3. I further agree to indemnify and hold harmless the releases from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my use of this product, whether caused by negligence of release’s or otherwise.
4. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver discharge, and covenant not to sue the above named release’s. I further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Western Australia.
5. By purchasing/accepting this product, I acknowledge and represent that I have read the above Waiver and Liability and Hold Harmless Agreement, understand it and accept it voluntarily as my own free act and deed; no oral presentations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least (18) years of age and fully competent; and I execute this release for full, adequate and complete consideration fully intending to be bound by the same.

FORCE MAJEURE

1. If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Fourteen (14) days Notice to you. "Force Majeure" means any act, circumstance or omission over which we could not reasonably have exercised control.

JURISDICTION

1. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.
2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

TERMINATION

• These Terms are effective until terminated by us, which we may do at any time and without prior notice to you.
• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• We may in our sole judgment, suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

PRIVACY

1. We undertake to take all due care with any information which you may provide to us when accessing our website. we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

CONTACT US

If you have any questions about these Terms, please contact us by emailing info@fmjindustries.com.au