JPW Marine — Terms & Conditions of Trade

Important information about purchasing from JPW Marine

JPW Marine Pty Ltd supplies marine, trailer, and electrical products exclusively to approved trade customers.

These Terms & Conditions of Trade govern all commercial dealings between JPW Marine and its customers, including:

• The supply of goods and services
• Pricing, GST, and freight
• Credit approval and payment terms
• Order acceptance and cancellation
• Delivery, risk, and title to goods
• Warranties, returns, and liability
• Security interests and enforcement rights

These Terms apply to all orders, whether placed:

• Through the JPW Marine website
• By email, phone, or in person
• Via quotations, order confirmations, or invoices

How these Terms differ from our Website Terms of Service

JPW Marine maintains separate terms for website use and for product supply.

If there is any inconsistency between documents relating to the supply of goods, these Terms & Conditions of Trade prevail.

Acceptance of these Terms

By:

• Applying for or maintaining a trade account
• Placing an order
• Accepting delivery of goods

you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions of Trade, as amended from time to time.

Trade customers only

JPW Marine supplies products to trade customers only, including boat builders, marine service businesses, workshops, manufacturers, and approved retailers. We do not supply directly to consumers.

Questions

If you have any questions about these Terms or how they apply to your account, please contact us before placing an order.

Full Terms & Conditions of Trade

Version 1.0 — Effective 1 April 2026

Plain-English Summary (Non-Binding)

This summary is provided to help customers quickly understand how JPW Marine trades. It is not a replacement for the full Terms & Conditions of Trade below, which continue to apply in full.

Who we supply JPW Marine supplies marine, trailer, and electrical products to approved trade customers only.

Orders and acceptance Quotes are indicative and time-limited. Orders become binding only when accepted, supplied, or dispatched by JPW Marine. Product availability can change — if an item is unavailable, we may offer a suitable substitute and will advise you first. JPW Marine part numbers are required on all purchase orders to ensure accurate identification of goods.

Pricing and GST Prices are those invoiced at the time of dispatch unless otherwise agreed in writing. Prices may change due to supplier increases, freight, exchange rates, or other cost changes. GST is payable in addition to prices shown unless stated otherwise.

Payment and credit Payment terms are shown on your invoice, statement, or credit application. For approved credit accounts, payment is due by the 25th of the following month based on monthly statement, or as otherwise confirmed in your approved credit application. Credit accounts are subject to approval and credit limits. We may place accounts on hold or suspend supply if payments are overdue or credit limits are exceeded. Disputed invoices must be raised within 3 business days. Undisputed amounts must still be paid on time.

Delivery, risk, and freight Delivery occurs when goods are collected by you or delivered to your nominated address. Delivery times are estimates only. Risk passes on delivery, and you are responsible for insuring goods from that time. Freight and delivery charges are payable by the customer.

Returns and warranties Goods must be inspected on delivery. Defects or issues must be reported within 7 days. Returns require prior authorisation. Non-defective returns may attract a processing, handling, or restocking fee depending on the time elapsed since invoice. Special order, customised, or cut-to-length items are generally not returnable, except where required by law. For approved warranty claims, JPW Marine will meet the cost of delivering the replacement goods to you.

Cancellation Standard stock orders may be cancelled before dispatch and within 48 hours of ordering. Special orders, non-stock items, and cut-to-length goods cannot be cancelled once processing has commenced.

Title and security Ownership of goods does not pass until all amounts owed are paid in full. JPW Marine retains security rights over goods supplied, including PPSA registration rights.

If an account is overdue Interest may apply to overdue amounts at our discretion. You are responsible for reasonable recovery and enforcement costs. We may suspend supply, require immediate payment, or recover goods if accounts remain unpaid.

Law and disputes These Terms are governed by Western Australian law. Disputes are to be discussed in good faith and, if required, referred to mediation before court action.

1. Purpose and how these Terms work

1.1 These Terms & Conditions of Trade (Terms) apply to all supplies of goods and services by JPW Marine Pty Ltd (JPW Marine, we, us, our) to the customer named in the Acknowledgement section below (Customer, you, your).

1.2 These Terms apply to every quotation, order, invoice, delivery, and supply, whether orders are placed online, by email, by phone, or in person.

1.3 If you place an order with us or accept delivery of goods, you are taken to have accepted these Terms and you will be bound by them.

1.4 These Terms govern the supply of goods and services. Use of our website and portal is governed separately by our Website Terms of Service. Personal information is handled in accordance with our Privacy Policy.

1.5 If your purchase order or other document contains different terms, those terms do not apply, unless we agree in writing.

2. Definitions

2.1 Goods means all goods supplied by us to you. Services means any services we provide to you. Where the context requires, Goods includes Services.

2.2 Price means the amount payable for the Goods or Services, plus GST (where applicable) and any other charges set out in these Terms.

2.3 PPSA means the Personal Property Securities Act 2009 (Cth).

2.4 Delivery has the meaning in clause 7.

3. Quotes, orders, acceptance, and availability

3.1 Quotes are valid only for the period stated in the quote, otherwise 30 days, unless withdrawn earlier.

3.2 An order you submit is an offer to purchase. We may accept or decline any order.

3.3 A binding contract is formed only when we confirm acceptance, supply the Goods, or dispatch the Goods.

3.4 Goods are supplied subject to availability. If Goods are unavailable, or cease to be available, we may offer substitute or comparable Goods, and adjust the Price accordingly. We will notify you before supplying substitutes.

4. Customer responsibilities, accuracy, and errors

4.1 You must provide accurate and complete information when placing orders, including JPW Marine part numbers, quantities, specifications, delivery details, and any special requirements.

4.2 JPW Marine part numbers are required on all purchase orders to ensure accurate identification and supply of goods. Orders submitted using customer part numbers, internal codes, or product descriptions only are processed at your risk. Where we attempt to match goods based on your description and an error occurs, we are not liable for the resulting incorrect supply, and any costs of return, re-supply, or freight are your responsibility. We recommend using the JPW Marine trade portal, which eliminates part number errors through account-based ordering.

4.3 If Goods are made to order, ordered to your specifications, or ordered specially for you, you remain responsible for the order even if there is an error in your instructions or information.

4.4 We are not liable for mistakes caused by incorrect information you provide.

4.5 We may correct any typographical, pricing, or administrative error in our documents. If a correction materially affects an order, we will notify you.

5. Price, GST, and changes

5.1 Unless we agree otherwise in writing, the Price is the Price shown on our invoice, or our current price at the time of dispatch or delivery.

5.2 We may change the Price if there is a change requested by you, or if our costs increase due to factors outside our control, including supplier increases, freight, insurance, labour, materials, foreign exchange movements, and international freight or port charges.

5.3 GST is payable by you in addition to the Price, unless GST is expressly included.

6. Payment terms, credit accounts, and no set-off

6.1 Payment is due on the date stated on the invoice, statement, or as otherwise agreed in writing. For approved credit accounts, payment is due by the 25th of the following month based on monthly statement, unless otherwise confirmed in the Customer's approved credit application or agreed in writing with JPW Marine.

6.2 If we approve you for credit, supply on credit does not take effect until we approve your credit application and set a credit limit.

6.3 We may reduce, withdraw, or place a hold on your credit account, and we may refuse further supply, if you exceed your credit limit, breach payment terms, or if we reasonably consider there is an increased risk of non-payment.

6.4 You must not set off amounts, make deductions, or withhold payment because of a dispute, unless we agree in writing.

6.5 If you dispute an invoice, you must notify us in writing within 3 business days of receiving it, and provide details of the dispute. You must still pay all undisputed amounts when due.

6.6 We may allocate payments received from you to any invoice or debt in any order we choose.

6.7 We may charge a surcharge for card payments where permitted, and we may charge bank dishonour fees.

7. Delivery, freight, and collection

7.1 Delivery occurs when: (a) you, or your nominated carrier, collect the Goods from our premises, or take possession of the Goods, or (b) we, or our nominated carrier, deliver the Goods to the delivery address you nominate, whether or not you are present.

7.2 Any delivery timeframes are estimates only. We are not liable for delays, but we will use reasonable efforts to meet agreed timeframes.

7.3 You must accept delivery when the Goods are tendered for delivery.

7.4 If delivery is delayed because of you, we may charge reasonable storage, redelivery, and handling costs.

7.5 Freight and delivery charges are payable by you, as quoted or otherwise advised.

8. Risk and insurance

8.1 Risk of loss or damage passes to you on Delivery.

8.2 You must insure the Goods from the time risk passes.

8.3 If Goods are damaged, lost, or destroyed after Delivery but before title passes to you, you agree we are entitled to the insurance proceeds to the extent of amounts owed.

8.4 If you request Goods be left unattended, or collected from an unattended location, this is at your risk.

9. Title, retention of title, and our rights

9.1 Title to Goods does not pass to you until you have paid all amounts you owe us, including amounts for all Goods supplied and all other obligations.

9.2 Until title passes: (a) you hold the Goods as our bailee, and you must store them so they are identifiable as our Goods, (b) you must not create any security interest or encumbrance over the Goods, (c) you may sell the Goods in the ordinary course of business for market value, but you must hold the proceeds on trust for us to the extent of amounts owed, and (d) you irrevocably authorise us to enter premises where we reasonably believe the Goods are held and recover them, and you will provide access.

9.3 We may recover the Price of Goods even if title has not passed.

10. PPSA, security interest, and further assurance

10.1 You agree these Terms create a security agreement and security interest for PPSA purposes in: (a) all Goods we supply to you, now and in the future, and (b) the proceeds of those Goods.

10.2 You must promptly do anything we reasonably require to perfect or enforce our security interest, including signing documents and providing accurate, current information.

10.3 You agree we may register, amend, or discharge financing statements on the PPSR.

10.4 You must not register, or allow to be registered, a security interest over the Goods in favour of a third party without our prior written consent.

10.5 To the maximum extent permitted by law, you waive rights to receive certain notices under the PPSA, including verification statements, and you agree to ratify our actions taken to register or enforce our security interest.

11. Additional security, charge, and Director's Personal Guarantee

11.1 Where we reasonably require additional security as a condition of approving or maintaining credit, you agree you may be asked to sign an acknowledgement or security document confirming the extent and effect of security provided to us, including a charge over assets.

11.2 Where JPW Marine requires a Director's Personal Guarantee as a condition of approving credit, each director, owner, or trustee named in the Acknowledgement section below (or in a separate guarantee instrument) personally and unconditionally guarantees payment of all amounts owed by the Customer to JPW Marine under these Terms, and agrees to be bound as a principal debtor. A Director's Guarantee is required only where indicated by JPW Marine in the Acknowledgement section below.

11.3 If you default and the security in these Terms is insufficient, you agree we may take steps permitted by law to secure amounts owing, including lodging a caveat over real property, where you have provided a charge in our favour.

12. Inspection, defects, warranties, and returns

12.1 You must inspect Goods on Delivery and notify us in writing within 7 days of Delivery of any obvious defect, damage, shortage, or incorrect supply.

12.2 You must notify us of any other defect as soon as it becomes apparent, and you must allow us to inspect the Goods.

12.3 Nothing in these Terms excludes statutory guarantees that cannot be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

12.4 To the maximum extent permitted by law, and subject to non-excluded guarantees, our liability for defective Goods is limited to repair, replacement, or refund, at our option.

12.5 Where Goods are supplied with a manufacturer warranty, you agree that warranty may apply in addition to, or instead of, any other remedy to the extent permitted by law.

12.6 Returns are accepted only with our prior approval and return authorisation.

12.7 Non-defective returns (change of mind or incorrectly ordered items) may be accepted at our discretion, subject to prior authorisation, and provided goods are in as-new condition in original packaging and suitable for re-sale. Where accepted, the following fees apply: (a) Returns requested within 30 days of invoice date: a processing and handling fee of $15. (b) Returns requested between 31 and 90 days of invoice date: a processing and handling fee of $15 plus a restocking fee of 15% of the invoiced value of the returned Goods. (c) Returns requested more than 90 days after invoice date: assessed at our discretion. Where we agree to accept the return, a processing and handling fee of $15 plus a restocking fee of not less than 20% of the invoiced value will apply, with the final restocking rate determined at our discretion having regard to the age, demand, and saleability of the Goods. We may decline the return with no credit issued. No processing, handling, or restocking fees apply where we have dispatched incorrect Goods or where a return is accepted as a valid warranty claim.

12.8 Customised goods, special order goods, non-stock items ordered to your specifications, and goods that have been cut, measured, or dispensed to a specific length, quantity, or volume from bulk stock (including but not limited to chain, rope, cable, hose, and trim or extrusion products) are not returnable for credit, except where required by law. These goods cannot be returned because they cannot readily be restocked or resold without a matching order for the same specification.

12.9 Where goods are believed to be defective, you must contact us to obtain a return authorisation before sending items back. You are responsible for the cost of returning goods to our warehouse for warranty inspection. If the goods are assessed and confirmed as a genuine warranty claim, we will arrange and meet the cost of delivering the replacement goods to you. If the goods are found not to be defective or not covered by warranty, we will contact you and the goods will be returned at your cost. For large or bulky items, we may, at our discretion, arrange collection using our authorised carriers and pass the freight cost to you.

13. Intellectual property

13.1 If we create drawings, designs, or documents for you, all intellectual property remains ours unless we agree otherwise in writing.

13.2 You warrant that any designs or instructions you provide will not infringe third party rights, and you indemnify us for losses arising from infringement caused by your instructions.

14. Default, interest, recovery costs, and enforcement

14.1 If you do not pay an amount when due, interest may accrue at our discretion at a rate not exceeding 1.5 per cent per calendar month, calculated on the outstanding amount, until payment is received.

14.2 You must reimburse us for all reasonable costs of collection and enforcement, including internal administration costs, bank dishonour fees, and legal costs on a solicitor and own client basis.

14.3 If a payment is reversed, dishonoured, or charged back, you remain liable for the amount and associated costs.

14.4 If you default, we may, without limiting other rights: (a) suspend or cancel supply, and cancel any unfulfilled orders, (b) require immediate payment of all amounts owed, whether or not due, (c) enforce our retention of title and PPSA rights, and (d) recover the Goods.

14.5 You are in default if you fail to pay, exceed credit limits, are insolvent, propose an arrangement with creditors, or if an external controller is appointed.

15. Cancellation

15.1 If either party breaches these Terms, the non-breaching party may suspend or terminate supply by written notice.

15.2 If we cannot supply Goods due to events beyond our reasonable control, we may cancel the contract before dispatch or delivery, and refund any amounts paid for those Goods. We are not liable for consequential losses caused by cancellation.

15.3 You may request cancellation of a standard stock order before dispatch and within 48 hours of placing the order. Cancellation requests for special order goods, non-stock items, cut-to-length goods, or goods ordered to your specifications will not be accepted once we have commenced sourcing, ordering, or processing, regardless of whether the goods have been dispatched. If we accept a cancellation, you remain liable for any deposit paid and any costs we have reasonably incurred in processing or sourcing the goods up to the point of cancellation.

16. Privacy and credit reporting

16.1 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

16.2 Where you apply for credit, you consent to us obtaining credit reports from a credit reporting body, and exchanging information with credit providers for the purposes of assessing your application, managing your account, and collecting amounts outstanding.

16.3 You may request access to personal information we hold, and request correction, by contacting us.

17. Change in control, trusts, and authority

17.1 You must give us at least 14 days prior written notice of any change of ownership, control, or key business details, including trustees.

17.2 If you are acting as trustee, you warrant you have authority to enter these Terms and you agree these Terms extend to your rights of indemnity against the trust, trustees, and trust fund.

18. Notices

18.1 Notices may be given by hand, post, or email to the last known address or email address.

19. Dispute resolution

19.1 If a dispute arises, either party may give notice describing the dispute. The parties will attempt to resolve the dispute in good faith.

19.2 If not resolved, the dispute will be submitted to mediation before court proceedings, except where urgent injunctive relief is required.

20. General

20.1 Governing law: Western Australia. The parties submit to the courts of Western Australia.

20.2 Severability: If a provision is invalid, the remainder continues.

20.3 Assignment: We may assign our rights and obligations. You may not assign without our written consent.

20.4 Subcontracting: We may subcontract services.

20.5 Force majeure: Neither party is liable for failure caused by events beyond reasonable control, except that this does not excuse payment obligations once the event ends.

20.6 Variation: We may update these Terms for future supplies by providing written notice. Updated Terms apply when you next order or accept delivery after notice.

How to accept these Terms

By applying for or maintaining a trade account, placing an order, or accepting delivery of goods, you accept these Terms & Conditions of Trade. Credit account customers also sign and return a copy as part of the credit application. For a signable copy, contact us at accounts@jpwmarine.com.au.