Wholesale Terms and Conditions

WHOLESALE TERMS AND CONDITIONS

These Terms & Conditions govern the wholesale supply of goods and any related services by Jato Distribution Pty Ltd ("Jato Distribution", "we", "us" or "our") to approved business customers only. In these Terms & Conditions, a "registered user" means a business customer approved by us for wholesale website access, ordering and account use. By applying to become a registered user, placing an order, accepting delivery of goods, or otherwise acquiring goods or services from us, you agree to be bound by these Terms & Conditions. These Terms & Conditions do not apply to retail or consumer sales to the general public.

1. INTERPRETATION AND DEFINITIONS

In these Terms & Conditions: "Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time; "authorised user" means an individual authorised by a registered user to access and use the website, place orders, or otherwise use account functions on behalf of the registered user, subject to any permissions, restrictions or access controls applied by us; "credit account" means any account or credit facility approved by us in writing which permits payment after dispatch in accordance with agreed payment terms; "goods" means the goods and any related items supplied by us; "order" means any order or request submitted by you to purchase goods or services from us; "registered user" means a business customer approved by us for wholesale website access, ordering and account use; "services" means any services supplied by us in connection with the supply of goods; and "website" means our website located at www.jatodistribution.com.au and any related online ordering or account access platform operated by us.

2. ABOUT US

Jato Distribution Pty Ltd is an Australian wholesale supplier of goods to approved business customers, including resellers, distributors, trade customers and other commercial purchasers. Our ABN is 11 693 063 393. Our contact email is sales@jatodistribution.com.au and our website is www.jatodistribution.com.au. Unless otherwise agreed by us in writing, these Terms & Conditions apply to all wholesale sales of goods and any related services supplied by us.

3. ACCEPTANCE AND WEBSITE USE

By accessing or using our website or placing any order with us, you warrant that you act on behalf of a business entity and have full authority to bind that entity. Access to wholesale pricing, ordering functionality and account facilities may be restricted to registered users approved by us. You must not misuse our website, interfere with its operation, attempt to gain unauthorised access, disclose wholesale pricing to unauthorised persons, or use the website in any manner that may harm us, our systems or any other person.

4. MULTIPLE USERS AND ACCOUNT RESTRICTIONS

A registered user account is granted to the approved business customer and may permit access by multiple authorised users within that business, subject to any user limits, permissions or access controls we apply from time to time. Each authorised user must use an individual login and must not share login credentials with any other person. Different permission levels may apply to different authorised users, including administrator access, account management access, ordering access or view-only access, as determined by us or, where permitted by us, as authorised by a person who acts on behalf of the business entity and has full authority to bind that entity. The registered user is responsible for ensuring that all usernames, passwords and access credentials are kept secure and used only by authorised users within its organisation. If an authorised user no longer requires access or leaves the business entity, it is the responsibility of the business entity to notify us promptly so that access can be updated, restricted or removed. The business entity must also notify us promptly if it becomes aware of any compromised login credentials, suspected unauthorised access, or any security incident affecting the account. Access must not be shared with any external person, unrelated business or unauthorised party without our prior written consent. The registered user is responsible for all activity conducted through its account, including orders placed and information accessed by its authorised users. We may suspend, restrict or terminate account access, or require password resets or changes to user permissions, where we reasonably believe there has been misuse, unauthorised access, a security risk, or a breach of these Terms & Conditions.

5. GOODS, ORDERS AND AVAILABILITY

We supply goods on a wholesale basis only and may require customers to be approved as registered users, or otherwise satisfy our account approval requirements, before any order is accepted. We may impose carton, pack or pallet requirements, trading territory limitations, or customer eligibility criteria at our discretion. Goods descriptions, specifications, pricing and availability are subject to change without notice. Goods images are provided for illustrative purposes only and actual goods may differ. Each order submitted by you constitutes an offer to purchase goods from us. All orders are subject to availability and acceptance by us, and we may accept or reject any order at our discretion, including where there is a pricing error, stock shortage, credit concern, suspected fraud, breach of these Terms & Conditions, or any other reasonable issue affecting fulfilment.

6. PRICING AND PAYMENT

All prices are quoted in Australian dollars unless otherwise stated and are exclusive of GST, freight, insurance, duties and any other applicable charges, unless expressly stated otherwise by us in writing. Wholesale prices, discounts, rebates and promotional offers are confidential and may be withdrawn, amended or discontinued by us at any time prior to acceptance of an order. Unless we approve a registered user for a credit account in writing, payment in full must be made prior to dispatch. For approved registered users with credit accounts, payment terms are 14 days from the invoice date, unless otherwise agreed by us in writing. If any amount remains unpaid for more than 30 days after the due date, we may charge interest on the overdue amount at the rate of 2.5% per month, calculated monthly in arrears, from the date that is 30 days after the due date until payment is made in full. In addition, we may suspend further supply, place accounts on hold, cancel pending orders, and recover any reasonable collection costs to the extent permitted by law.

7. TRADE ACCOUNTS AND CREDIT TERMS

Any trade account or credit facility granted by us is provided at our sole discretion and may be subject to a credit application, financial assessment, personal guarantees, security, trading history or credit limits. For the purposes of website access and wholesale purchasing, approved trade account holders may also be referred to as registered users. Access to wholesale pricing, ordering functionality and account features may be restricted to registered users approved by us. If we approve a registered user for a credit account, payment terms are 14 days from the invoice date, unless otherwise agreed by us in writing. We may vary, reduce, suspend or withdraw any credit facility at any time on reasonable notice, or immediately where payment is overdue or we reasonably consider that a credit risk exists. You must promptly notify us of any change to your business structure, ownership, control, trading name, address or insolvency status.

8. ORDER CANCELLATIONS AND VARIATIONS

Once an order has been accepted by us, it may not be cancelled, suspended or varied without our prior written consent. We may refuse any requested change where goods have already been allocated, packed, manufactured, dispatched or specially sourced. If we consent to a cancellation, suspension or variation, we may charge reasonable administration, restocking, freight or supplier cancellation costs to the extent permitted by law.

9. SHIPPING, DELIVERY AND RISK

Any delivery timeframe provided by us is an estimate only and is subject to stock availability, production schedules, freight availability, weather events and other circumstances beyond our reasonable control. Delivery areas, dispatch timeframes, freight arrangements, nominated carriers and any delivery restrictions will be as specified by us from time to time. Unless otherwise agreed by us in writing, risk in the goods passes to you upon delivery or collection. You must inspect all consignments promptly upon arrival and note any shortages, visible damage or delivery discrepancies with the carrier and notify us in writing as soon as reasonably practicable after delivery.

10. RETURNS, CLAIMS AND AUSTRALIAN CONSUMER LAW

As goods are supplied on a wholesale business-to-business basis, returns will not be accepted unless required by law or expressly agreed by us in writing. Claims for damaged, short supplied, incorrectly supplied or defective goods must be made in accordance with our applicable returns and claims procedures, including any notification timeframes, evidence requirements, return authorisation procedures and applicable restocking conditions. Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies which cannot lawfully be excluded, including any rights which may arise under the Australian Consumer Law where a business customer qualifies as a consumer for the purposes of that legislation.

11. WARRANTIES, GOODS COMPLIANCE AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, and subject to any non-excludable rights, all terms, conditions, warranties, guarantees and representations not expressly set out in these Terms & Conditions are excluded. Any manufacturer warranty applicable to the goods is separate from and in addition to these Terms & Conditions and will apply only in accordance with the manufacturer’s own warranty terms. Subject to any non-excludable rights and any applicable manufacturer warranty, goods are covered only when used, stored, maintained, handled and installed strictly in accordance with the manufacturer’s instructions and any applicable goods specifications, maintenance requirements, handling requirements or installation directions. To the extent permitted by law, manufacturer warranty coverage may be voided where those instructions, specifications or requirements are not followed. You are responsible for satisfying yourself that the goods are suitable for your intended resale, distribution, installation or business use, except to the extent otherwise required by law. Where goods specifications, maintenance requirements, handling requirements, shelf-life conditions, regulatory obligations or installation instructions apply, you must comply with them and ensure that they are communicated and passed through where necessary within your supply chain. To the extent permitted by law, our liability for any loss or damage arising out of or in connection with the supply of goods or services is limited, at our option, to the replacement or repair of goods, the resupply of services, or payment of the reasonable cost of doing so. We are not liable for any indirect, consequential, incidental or special loss, including loss of profit, revenue, contracts, business opportunity or goodwill, except where such liability cannot lawfully be excluded.

12. RETENTION OF TITLE AND PPSA

Title to goods supplied by us does not pass to you until we have received payment in full of all amounts owing to us in cleared funds. Until title passes, you must, where reasonably practicable, store the goods separately, maintain them so that they are readily identifiable as our property, and refrain from doing any act or thing inconsistent with our ownership rights. To the extent applicable, you acknowledge and agree that these Terms & Conditions may create a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA), and you must do all things reasonably required by us to enable us to register, perfect, maintain or enforce that security interest. You should obtain independent legal advice before relying on this clause, including in relation to PPSR registration and enforcement requirements.

13. INTELLECTUAL PROPERTY

All content on our website, including text, images, logos, goods information, graphics, branding and design elements, is owned by Jato Distribution Pty Ltd, licensed to us, or otherwise used by us with the permission of the relevant owner, and is protected by applicable intellectual property laws. Some content on our website may be owned by third parties, and all rights in that content remain vested in the relevant owner. Except as permitted by law, you must not copy, reproduce, modify, distribute, publish, communicate to the public or otherwise exploit any content from our website without the prior written consent of the relevant rights holder.

14. PRIVACY

We may collect, use and disclose personal information in connection with your use of our website, your orders and your enquiries. We will handle personal information in accordance with our Privacy Policy and all applicable privacy laws, including the Privacy Act 1988 (Cth), where applicable. For further information about how we collect, use, store and disclose personal information, please read our full Privacy Policy.

15. PROHIBITED CONDUCT

You must not use our website to post, transmit or otherwise make available any unlawful, misleading, defamatory, abusive or malicious material, introduce viruses or other harmful code, harvest data without consent, or engage in any conduct which interferes with the operation of the website or our business operations. We may suspend, restrict or terminate access to our website where we reasonably believe that these Terms & Conditions have been breached.

16. GOVERNING LAW

These Terms & Conditions are governed by the laws of Queensland, Australia, except to the extent that another Australian jurisdiction must apply by law. Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia in relation to any dispute arising out of or in connection with these Terms & Conditions.

17. CHANGES TO THESE TERMS

We may amend these Terms & Conditions from time to time by publishing an updated version on our website or otherwise notifying customers. Any amended Terms & Conditions will take effect from the date stated in the updated version, or, if no date is stated, from the date of publication. You should review these Terms & Conditions before placing an order or using our website.

18. CONTACT US

If you have any questions about these Terms & Conditions, please contact Jato Distribution Pty Ltd using the details below:

Email: sales@jatodistribution.com.au
Website: www.jatodistribution.com.au
Effective date: 23 May 2026