JMACX Offroad Solutions Terms & Conditions

These are the entire Terms and Conditions of Sale of all Goods merchandise and services (“the Goods”) supplied by Jmacx Offroad Solutions (ABN 24 335 506 695) in association with Teebro Pty Ltd (all of which are referred to as “Jmacx Offroad Solutions”) to any person, firm or company placing an order with Jmacx Offroad Solutions for the purchase of any Goods (“the Customer”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Jmacx Offroad Solutions and Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer.

1. GENERAL

   1. No quotation by Jmacx Offroad Solutions shall constitute an offer.
   2. All orders placed with Jmacx Offroad Solutions shall only be accepted subject to these Terms and Conditions, and Jmacx Offroad Solutions is not bound to accept any order. Jmacx Offroad Solutions may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall be as found on Jmacx Offroad Solutions website.
      1. If the Customer cancels or alters any order or Special Orders for special Goods or standard Goods with special materials at any time after Jmacx Offroad Solutions has received the order then Jmacx Offroad Solutions reserves the right to charge to the Customer the costs of any special Goods or materials already acquired for the order together with the cost of any labour and tooling expended to the date of such cancellation or alterations.
      2. In this clause “Special Orders” means “any item that Jmacx Offroad Solutions does not currently carry as a stocked part, line or part of any line.
   3. Goods and Services Tax (“GST”) Sales Tax or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to Jmacx Offroad Solutions on demand and the Customer shall indemnify and keep indemnified Jmacx Offroad Solutions in respect of all taxes and duties including GST arising out of any sale of Goods or the subsequent use of Goods after the sale to the Customer.
   4. Jmacx Offroad Solutions may amend or update these terms and conditions of use from time to time without notice to you. You agree that you will comply with any additional terms and conditions that have been made available to you for download on the website at www.jmacx.com.au.  Such additional terms and conditions are incorporated by reference into these terms and conditions.
   5. Jmacx Offroad Solutions may provide Goods to approved Installers and Authorised Distributors. Refer to Authorised dealer and installers agreement Terms and Conditions. 

2. PRICES

   1. Prices quoted are firm for seven (7) days and thereafter are subject to increases without notice, to such increased amount necessary to cover any extra costs to Jmacx Offroad Solutions as a result of increases since the date of quotation in cost of materials, labour, freight, insurance, tariffs, duties, taxes and manufacturing costs generally.
   2. Changes to an accepted sales order must be emailed to Jmacx Offroad Solutions. Changes to an order may affect the supply time and incur additional costs to the Customer. When a sale order reaches a certain point in time as specified by Jmacx Offroad Solutions, changes may not be possible due to the advancement of the order in the supply process. 
   3. Freight quotes are only valid for seven (7) days. Jmacx Offroad Solutions will not be held responsible for any increases in freight costs. 

3. TERMS OF PAYMENT

   1. The granting of credit to a Customer shall be at the absolute discretion of Jmacx Offroad Solutions and unless otherwise advised by Jmacx Offroad Solutions in writing, the Customer shall make payment of all amounts payable as arranged in terms set by JMACX Offroad Solutions and notified by email. 
   2. Customers shall not be entitled to withhold payment of any account by reason of any account/invoice query, dispute or set off.  The Customer agrees to pay Jmacx Offroad Solutions administration and handling fees in respect of any copies of documents required or other processing involved in the conduct of the account including but not limited to account administration fees, Merchant or other fees incurred as a result of payment by credit or charge card or Bpay or payment by any other means and such fees will be charged to the Customer’s account.
   3. Payment made by electronic funds transfer (EFTPOS) must be confirmed as cleared. 
   4. The Customer may be required to pay a non-refundable deposit to secure supply of the Goods and/or a booking date for installation at JMACX Offroad Solutions Head Office. 
   5. All Goods are supplied excluding installation, works, labour unless noted on the proforma invoice/invoice. 
   6. If the Customer fails to make payment in accordance with Clause 6 Jmacx Offroad Solutions shall be entitled to:-
      1. Require the payment of cash upon delivery of any further Goods;
      2. Charge an interest charge at the rate of two point five percent (2.5%) above the Suncorp Bank’s Variable Benchmark lending rate as from to time applicable per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid, such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but is a true measure of damages incurred by the Jmacx Offroad Solutions. Payments received from the Customer will be credited first against any interest charge and all such fees shall be payable on demand;
      3. Claim from the Customer all costs, expenses and charges incurred on any account whatsoever including but not limited to any action taken by Jmacx Offroad Solutions to recover monies or Goods due from the Customer including but not limited to any mercantile agents costs and legal costs and disbursements on a solicitor-client basis.
      4. Charge a restocking fee of 20%; additional freight charges may also apply.  
   7. Customers having overdue accounts will be precluded from participating in any special deals, discounts, rebates, bonus payments, redemption’s and all other incentive programs until their accounts are no longer overdue.

4. DELIVERY

   1. All items are quoted out of Jmacx Offroad Solutions Head Office unless stated otherwise.
   2. As delivery is outsourced shipping time frames are out of the control of Jmacx Offroad Solutions. If the Customer has not received the delivery within a standard delivery time frame, please contact via phone or email sales@jmacx.com.au. 
   3. The Customer shall be responsible for the cost of any delivery made out of Jmacx Offroad Solutions Head Office store. If Jmacx Offroad Solutions is requested to arrange for delivery of products beyond the store, the Customer shall pay the delivery charges stipulated by Jmacx Offroad Solutions. Jmacx Offroad Solutions shall in all cases be entitled to choose the method of transport.
   4. Unless otherwise indicated by Customer, JMACX will utilise the services of its preferred freight provider. 
   5. Any date or time quoted for delivery is an estimate only and Jmacx Offroad Solutions shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render Jmacx Offroad Solutions liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
   6. Jmacx Offroad Solutions obligation to deliver shall be discharged on arrival of the Goods at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Customer shall unload the Goods upon delivery, provided that if the Customer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, Jmacx Offroad Solutions shall be entitled to charge a fee for any delay experienced or arrange for the storage of the Goods at the risk and cost of the Customer including all transportation, storage and other consequential costs. Jmacx Offroad Solutions may, at its discretion, make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these Terms and Conditions of Sale.
   7. Jmacx Offroad Solutions may, at its discretion deliver the Goods in separate instalments in any sequence. Where such Goods are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Jmacx Offroad Solutions in respect of any one or more instalments shall vitiate the Contract in respect of Goods previously delivered or undelivered Goods.

5. INSPECTION

   1. The Customer shall examine the Goods immediately upon delivery. If there are issues with the Goods the Customer must complete the online “Orders and Returns Request Form” available at www.jmacx.com.au within two (2) business days of the delivery. If the Customer has not completed this online form within two (2) business days, the Goods are deemed to have been accepted by the Customer. Jmacx Offroad Solutions shall not be liable for any misdelivery, shortage, defect or damage unless Jmacx Offroad Solutions receives details in writing. 
   2. If there is visible freight damage to the Goods, a photo of the shipment should be photographed by the Customer prior to opening packaging and if the freight has caused damage to the Goods, then these photographs should be submitted with the online “Orders and Returns Request Form” available at www.jmacx.com.au. 

6. PROPERTY AND RISK

   1. Notwithstanding delivery of the Goods or their installation, property in any given Goods shall remain with Jmacx Offroad Solutions until the Customer has paid and discharged any and all other indebtedness to Jmacx Offroad Solutions on any account whatsoever, including all applicable GST and other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
   2. The risk in the Goods including insurance responsibility shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer, or at completion of the installation of the Goods to vehicles fitted at Jmacx Offroad Solutions Head Office. 
   3. The Customer acknowledges that it is in possession of the Goods solely as a bailee for Jmacx Offroad Solutions until payment as defined in clause 6 has been made in full to Jmacx Offroad Solutions and until such payment:
   4. The Customer shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery; and
      1. The Customer shall store the Goods separately from its own Goods and those of any other party and in a manner, which clearly identifies the Goods, whether as separate chattels or as components, as the property of Jmacx Offroad Solutions.
      2. The Customer shall maintain records of Goods owned by Jmacx Offroad Solutions identifying them as Jmacx Offroad Solutions property, of the persons to whom the Goods are sold or disposed to and of the payments made by such persons for such Goods. The Customer shall allow Jmacx Offroad Solutions to inspect these records and the Goods themselves on request.
      3. The Customer hereby irrevocably grants to Jmacx Offroad Solutions, its agents and servants, an unrestricted right and licence, without notice to enter premises occupied by the Customer to identify and remove any of the Goods the property of Jmacx Offroad Solutions in accordance with the Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the customer. Jmacx Offroad Solutions shall have the right to sell or dispose of any such Goods removed or otherwise in its sole discretion and shall not be liable for any loss occasioned thereby.
      4. In the event that the Goods are sold by the Customer then the monies from such sale are to be held on trust for Jmacx Offroad Solutions.
   5. Jmacx Offroad Solutions do not give the right to on-sell, deal or otherwise dispose of the Goods unless approval has been granted with an authorised Installer and Authorised Distributor (refer to Jmacx Authorised Installers and Distributors Terms and Conditions).  An approved seller, in the normal course of trade may be revoked at any time by Jmacx Offroad Solutions and shall automatically cease if a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy or where the Customer is in default of any of its obligations to Jmacx Offroad Solutions.
   6. Following installation of the Goods at Jmacx Offroad Solutions no factory items will be returned to the Customer with the exception of wheels and tyres.  Wheels and tyres must be collected from JMACX Offroad Solutions store within 7 days of the completion of the Customers vehicle product installation. If the Customer requires delivery of their wheels and tyres, additional charges will be incurred for shipping and delivery. If these items are not collected within 7 days, become the property of Jmacx Offroad Solutions.

7. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPS ACT”)

   1. Jmacx Offroad Solutions and The Customer hereby acknowledge that the PPS Act applies to all transactions pursuant to the Terms and Conditions of Sale or otherwise.
   2. The Customer hereby acknowledges that it will grant a security interest in all present and after acquired Goods as security for all monies now and in the future owing by the Customer.
   3. The Customer hereby agrees to do all such things and sign all such documents as are necessary and reasonably required to enable Jmacx Offroad Solutions to acquire a perfected security interest in all Goods supplied.
   4. The Customer hereby agrees to provide such information as is required to enable registration of a Purchase Money Security Interest (“PMSI”) under the PPS Act.
   5. The Customer hereby acknowledges that a PMSI is granted in priority to all other Creditors by the Customer in favour of Jmacx Offroad Solutions and in all Goods that are supplied from time to time as security for the Customer’s obligations to Jmacx Offroad Solutions.
   6. The Customer hereby acknowledges that it will indemnify Jmacx Offroad Solutions for any liability for any costs of registration, maintenance, enforcement or discharge or security interest and such other costs and expenses as Jmacx Offroad Solutions may incur.
   7. The Customer hereby agrees that it will not, without notice, change its name or initiate any change to any registered documentation, or act in any manner which would impact on the registered security interest of Jmacx Offroad Solutions.
   8. The Customer hereby agrees to waive or exclude such Sections of the PPS Act as Jmacx Offroad Solutions may require, subject to those Sections being capable of exclusion.
   9. Jmacx Offroad Solutions hereby reserves the right at any time in its sole discretion to make such amendments, alterations and additions to this Clause 23 as it may in its sole discretion determine.

8. WARRANTY

   1. Subject to payment in full being made as defined in clause 6 of this document, Jmacx Offroad Solutions shall use its best endeavours to pass on to the Customer the benefit of any warranties or guarantees it receives in respect of Goods or parts thereof supplied to the Customer.
   2. For products manufactured by Jmacx Offroad Solutions a standard manufacturer warranty of 2 years, is calculated from the date of dispatch. 
   3. Jmacx Offroad Solutions warranty only applies to original purchaser and is non transferable. 
   4. For all other Jmacx Offroad Solutions products please refer to product manufacturer warranty periods. 
   5. A full suspension check must be completed within 500km-1000km of suspension installation by a JMACX approved and certified installer, failure to do so will void warranty.
   6. It is the responsibility of the Customer to maintain servicing of the Goods.  Vehicle servicing standards are based on the normal driving use of the vehicle. Extreme driving conditions, increased load and stress on the vehicle will require more regular service intervals and major servicing. Failure to meet stated service requirements will void warranty coverage.   Normal driving use/conditions does not include driveline abuse, excessive power upgrades, excessive speed/driving style, larger than recommended tyres, excessive loads.  Extreme driving conditions ie. Cape York / Simpson Desert travel will require a major service on the vehicle upon return of travel. 
   7. Exposure of the Goods to aggressive corrosive environments such as salt water without sufficient cleaning and rock damage, will void the warranty.
   8. The return of Goods will not be permitted without completion of the “Orders and Returns Request Form” available at www.jmacx.com.au and approval by an authorised JMACX representative.  Upon approval the Customer will be contacted and the warranty Goods should be returned with a printed copy of the provided “Authorised Return Form”.
   9. The return of Goods for warranty consideration will not be permitted without completion of the online “Warranty Request Form” available at www.jmacx.com.au and approval by an authorised JMACX representative.  Upon approval of a warranty claim the Customer will be contacted and the warranty Goods should be returned with a printed copy of the provided “Authorised Return Form” 
   10. Repaired non-warranty Goods will be charged to the Customer who may on charge these costs to the retailer, these Goods will be shipped on a prepaid freight basis borne by the Customer.
   11. Where there is an alleged warranty issue, the Customer must obtain advice and approval in writing by Jmacx Offroad Solutions prior to carrying out any repairs.  
   12. All returns are subject to Jmacx Offroad Solutions restocking policy and fees, and freight or peculiar charges will not be credited.
   13. Warranty does not cover product used in any type of racing or Motorsport competition, custom or modified applications under Jmacx Offroad Solutions range of product, any illegal highway, marine, industrial or commercial use.
   14. Warranty only covers faulty components or faulty workmanship with respect to the purchased product.
   15. This Warranty does not cover damage, fault, failure or malfunction of the Goods due to external causes including but not limited to accident, abuse, misuse, problems with electrical power, servicing not authorised by Jmacx Offroad Solutions, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, or any attempt by any other person other than Jmacx Offroad Solutions personnel or any person authorised by Jmacx Offroad Solutions, to adjust, repair or support the Goods and problems caused by use of parts and components not supplied by Jmacx Offroad Solutions.
   16. To the extent permitted by law, Jmacx Offroad Solutions and Customer agree that Jmacx Offroad Solutions will not be liable for Goods not being available for use, or for data or software which is lost, corrupted, deleted or altered. Jmacx Offroad Solutions shall not be liable to the Customer for any incidental, indirect or consequential damages arising out of or in connection with the purchase, use or performance of Goods and services, even if Jmacx Offroad Solutions has been advised of their possibility.
   17. To the extent permitted by law any typographical, accounting, clerical or other administrative error in sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information issued by Jmacx Offroad Solutions shall be subject to correction without liability on the part of Jmacx Offroad Solutions.
   18. Custom built products or products which have been especially ordered in for a Customer “Special Order” items will not be accepted for credit or refund.
   19. Jmacx Offroad Solutions does not accept liability for the voiding of a vehicle’s manufacturer’s warranty or part thereof subsequent to the fitting of the Goods to the Customer’s vehicle.
   20. Warranty claims must be completed within 21 business days including the return of any of the Goods related to the claim or additional charges will be incurred. 
   21. Overseas Sales Warranty claims are only available when the Goods are returned to Jmacx Offroad Solutions Head Office at the Customer’s expense.   Jmacx Offroad Solutions is not responsible for any shipping freight, taxes or duties for the return of goods.  Replacement parts will incur the relevant shipping fees, duties and taxes payable by the customer. 

9. SERVICE AND TECHNICAL SUPPORT

   1. Jmacx Offroad Solutions will provide general service and technical support to the Customer on a remote basis, via telephone, email or video conferencing. Service and support may vary from product to product. If the Customer purchases optional services and support as listed on the Customer’s invoice, Jmacx Offroad Solutions will provide the optional service and support to the Customer in accordance with its current terms and conditions, in addition to the standard warranty. Jmacx Offroad Solutions may at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. All general service and technical support will be considered the opinion of the technician and should be used with caution and in conjunction with other research on the technical issue, advice is not definitive.
   2. Jmacx Offroad Solutions has no obligation to provide service or technical support until Jmacx Offroad Solutions has received full payment. Jmacx Offroad Solutions has no obligation to provide service or technical support to product Jmacx Offroad Solutions did not supply under Jmacx Offroad Solutions Terms and Conditions of Sale.

10. LIMITATION OF LIABILITY

    1. Neither party excludes or limits the application of any provision of any Statute (including the Competition and Consumer Act 2010 (CCA) as amended from time to time (“the Act“), where to do so would contravene that Statute or cause any provision of these Terms and Conditions to be void.  Nothing in these Terms and Conditions modifies or excludes the conditions, warranties, and undertakings and other legal rights under the Act and other laws. Except as expressly set out in these Terms and Conditions, and the Act, Jmacx Offroad Solutions makes no warranties or other representations under or in connection with these Terms and Conditions, and Jmacx Offroad Solutions liability in respect thereof, is limited to the fullest extent permitted by law.
    2. In the case of Goods supplied by Jmacx Offroad Solutions to a Customer who is not a “consumer” as defined in the Act, if the Goods are defective or there is any other material breach by Jmacx Offroad  Solutions of these Terms and Conditions, then provided that the Goods are preserved intact and made available for inspection by a representative of Jmacx Offroad Solutions and are returned to Jmacx Offroad Solutions in the same order and condition as that in which they were delivered, then Jmacx Offroad Solutions total liability to the Customer pursuant to this Clause is limited, at Jmacx Offroad Solutions option, to any one of supplying, replacing, or repairing the Goods in respect of which any loss or damage has occurred.
    3. Except for those conditions and warranties implied by the Act or other sale of Goods or consumer protection legislation which may not be excluded, the Customer agrees that:
       1. It has not relied on any inducement, representation or statement made by or on behalf of Jmacx Offroad Solutions in purchasing the Goods and there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of Jmacx Offroad Solutions)
       2. This clause sets out the entire liability of Jmacx Offroad Solutions in respect of its liability under the Act or otherwise in respect of liabilities to a consumer for a breach of a condition or warranty with respect to the sale of the Goods.  In the case of Goods supplied to a Customer who is not a “consumer” as defined in the Act, neither party has any liability to the other for consequential or indirect damages arising out of or in relation to the Goods, any delay or other failure in supplying the Goods, even if any party to these Terms and Conditions knew such damages were possible or were otherwise foreseeable, including, without limitation, lost profits and damage suffered as a result of claims by any third party, such as a Customer of either party.

11. FORCE MAJEURE

    1. Jmacx Offroad Solutions shall not be liable for any failure or delay in supply or delivery of the Goods where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Jmacx Offroad Solutions including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, civil commotions or accidents of any kind.

12. TERMINATION

    1. If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager or administrator or controller is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator or administrator is appointed, Jmacx Offroad Solutions may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any Goods not paid for in accordance with these Terms and Conditions.

13. RETURNS

    1. Other than in respect of Jmacx Offroad Solutions obligations pursuant to clause 23 hereof Jmacx Offroad Solutions shall not be liable to accept any returned Goods but may in its absolute discretion accept the return of Goods, provided, that the “Orders and Returns Request Form” available at www.jmacx.com.au has been submitted and the Customer has received written approval of a duly authorised representative of Jmacx Offroad Solutions with details for return. Jmacx Offroad Solutions will provide a  “Authorised Return Form”  form and this form should be printed and returned along with the Goods to be returned.  The Goods should be returned within five (5) business days of issuing the “Authorised Return Form”. Goods returned for credit pursuant to this clause will be subject to a handling and administration charge equivalent to 20% of the invoiced value of the returned Goods.
       1. The Customer must prepay shipping charges and insure the Goods or accept the risk of loss or damage during the shipment.
       2. custom built products or products which have been especially ordered in for a Customer “Special Order” items will not be accepted for credit or refund.
       3. close outs, second hand or refurbished parts will not be accepted for credit
       4. must ensure that the returned Goods are received by Jmacx Offroad Solutions in as-new or as-shipped by Jmacx Offroad Solutions condition, including conformance to the specifications set out in your invoice and all manuals and other items and brochures included with the Goods must be returned with them. The Goods must be returned in original packaging. 
       5. where the customer has used a third-party credit finance facility to purchase the goods, a further 20% (40% in total) of the invoiced value of the returned goods will apply for handling and administration charges in dealing with the third party institution.
       6. the processing time for return credits or refunds allow up to 60-day processing time, dependant paperwork and on third party financial institution(s)

14. GOVERNING LAW

    1. The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as Jmacx Offroad Solutions may in its sole discretion determine.  Proceedings by either Jmacx Offroad Solutions or the Customer may be instituted and/or continued in such State or Territory as Jmacx Offroad Solutions may in its sole discretion determine. Failing such determination, the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of Queensland applying the laws that State.

15. SERVICE OF DOCUMENTS

    1. The Customer agrees that service of any notices or Court documents may be affected by forwarding same by pre-paid post to the last known address of the Customer.
    2. Any notice required to be given by the Customer to Jmacx Offroad Solutions must be delivered personally.

16. STATEMENT OF DEBT

    1. A certificate signed by a Director, Secretary, Financial Controller or Credit Manager of Jmacx Offroad Solutions shall be prima facie evidence of the amount of indebtedness of the Customer to Jmacx Offroad Solutions at that time.

17. ELECTRONIC COMMUNICATIONS

    1. In addition to delivery in person and via post, the customer agrees to have invoices sent via email.
    2. The Customer agrees that email communications from Jmacx Offroad Solutions to the Customer constitute an “electronic communication” within the meaning of the Electronic Transactions Act 2000 (QLD). 

18. MARKETING AND MEDIA

    1. Jmacx Offroad Solutions may take photographs or record video of the Customer’s vehicle before, during and after providing services, or obtain such media through social media and other publications.  Jmacx Offroad Solutions may use the media to promote its Goods through social media or other forms of promotion.  When engaging in such promotional activities the Customer acknowledges and agrees that Jmacx Offroad Solutions may disclose the relationship between the parties and the nature of the Goods and/or Services provided, and use and publish any part of the media as it sees fit.  
    2. The Customer may opt out of media being used for promotional activities or receiving marketing material by contacting Jmacx Offroad Solutions in writing.  

19. INTELLECTUAL PROPERTY

    1. The intellectual property of Jmacx Offroad Solutions, whether or not registered or registrable in any country, include among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, knowhow, creations and inventions, together with all rights which are are derived from those rights.
    2. The Customer shall not use, reproduce, register or cause to be registered, or impart any information contained therein to any third party without the written consent of Jmacx Offroad Solutions.