Terms & Conditions

  1. Terms and Condition
    1. The Customer acknowledges that these Terms and Conditions were available for review prior to purchase via QR code signage in-store and online at  https://www.ajaxfasteners.com.fj//terms-conditions/. By proceeding with any purchase, the Customer confirms they have had the opportunity to review and accept these Terms and Conditions. Upon accepting delivery and signing the Company’s mobile device or delivery docket, the Customer further acknowledges and confirms their acceptance of these Terms and Conditions, including any applicable delivery, payment, and return policies.
    2. The Customer agrees that their failure to access, scan, or read the Terms and Conditions shall not excuse compliance, and accepts that the Company took reasonable steps to bring such terms to their attention prior to sale.
  2. Ownership
    1. Ownership of the goods detailed in this invoice shall remain with the Company until payment in full has been received. However, all risk in the goods shall pass to the purchaser(s) upon delivery. Until ownership transfers, the purchaser(s) shall hold the goods as bailee(s) and must ensure they are kept safe and insured. Goods are deemed to have been received in good condition unless the purchaser notifies the Company otherwise at the time of delivery. All terms and conditions in the Company account and guarantee forms shall apply to this invoice.
  3. Overdue Account
    1. ALL OVERDUE ACCOUNTS (30 DAYS) WILL INCUR INTEREST AT 13.5% PER ANNUM. Overdue accounts will include but are not limited to, goods purchased on credit and goods delivered on a Cash on Delivery (“COD”) basis but not paid for at the time of delivery.
  4. Order Placement
    1. The customer may make the placement of an order in two main ways:
      1. Firstly, cash payment, either by payment at the point of sale (in-store) or COD, i.e. payment by cash or cheque at the time of delivery; and
      2. Secondly, by purchase on a credit account (which has its specific terms and conditions that are in addition to these terms and conditions).
    2. Where a customer at the time of placement of an order requires delivery of the goods/goods to a specific location, then the customer agrees to participate in the Company’s One-Time Password (“OTP”) delivery system.
    3. At the time of placing the order, the customer will need to provide a mobile number (“registered mobile number”) to which the OTP will be sent. The Customer must provide a delivery address. The Customer is solely responsible for providing an accurate and up-to-date mobile number and the correct delivery address; the Company will not be responsible for any delays, inconveniences, loss or damage due to the provision of an incorrect mobile number or incorrect delivery address and the Customer agrees to indemnify the Company for any circumstances arising from any mentioned situation. The delivery and delivery procedure are separate to the Order Placement terms.
  5. Delivery and OTP Policy
    1. Purpose of OTP
    2. The OTP is an additional security measure to confirm that the delivery is made to the intended recipient/Customer.
    3. An OTP will be generated and sent to the registered mobile number of the Customer upon the delivery of the goods being planned and/or at the time of dispatch of the delivery.
    4. OTP Generation
    5. Timing: The OTP will typically be sent to the Customer at any time between the time when your order is dispatched for delivery till the time the delivery arrives at the Customer’s designated address for delivery, or at any other time we deem appropriate to ensure security.
    6. Responsibility: The Customer is solely responsible for safeguarding the device in which the registered mobile number is installed. The customer is responsible for ensuring the security and safekeeping of the OTP that is sent to their registered mobile number, and the company is not liable for any losses or damages from authorised OTP disclosure or usage.
      7. OTP Verification Procedure
    7. Request of OTP: Upon the arrival of the order at the delivery address, the Company’s delivery authorised employee or agent (“delivery person”) will request the OTP from the Customer or person accepting delivery for verification of the purchase/order and identity of the Customer.
    8. Matching the OTP: The delivery person will enter the OTP into the Company’s secure system via a mobile device. If the OTP matches, then the unloading procedure will proceed. Upon the OTP matching, the customer or person accepting delivery will be requested to provide photo identification for the Company’s record purposes. The provision of a photo ID is mandatory.
    9. Failure to Provide OTP or Photo ID: If the Customer is unable to provide the correct OTP and/or a photo ID, the Company’s delivery person is entitled to withhold delivery until provision of the correct OTP and the photo ID or may return the goods to the Company without completing the delivery, which will be at the discretion of the Company. This may result in the rescheduling of the delivery or cancellation of the order at the discretion of the Company and attract a handling fee not greater than the value of 10% of the order.
    10. Security Obligations
      1. The Customer agrees not to share the OTP with anyone other than their own authorised employees/representative or the Company’s authorised employees, representative or agents.
      2. The Company will not be liable for any loss, claim, or damage arising from the Customer’s failure to maintain the confidentiality of the OTP.
    11. Payment Obligation upon Delivery COD Order
      1. Payment Due: Where the order placed for delivery is done on a COD basis, the Customer is required to provide the Company’s delivery person with payment of the full amount due on the invoice. Failure to provide the correct payment may result in the refusal to hand over the good(s). Even if the delivery is completed on COD basis, the parties agree that it does not constitute acknowledgement or confirmation of payment, if monies are owing for the goods delivered, the customer is still liable to complete payment of the same.
      2. Accepted Payment Methods:
        1. Cash:It is to be made in local currency.
        2. Cheque: This form of payment will only be accepted upon prior approval from the Company’s Accounts Receivable Department. The cheque must be written in the name of the Company with the bearer crossed out, and not as a cash cheque.
        3. Card or Digital Payment: Where available and if the Company’s delivery person is equipped with a mobile POS device or payment app, the Customer may pay by debit/credit card or authorised digital payment methods.
        4. Receipt Issuance: Upon the collection of payment, the delivery person may provide the Customer with a receipt (digital or physical) known as an interim receipt, or if the delivery person is not equipped with means to issue such a receipt, the receipt may be issued by the Company at a later time. Issuance of an interim receipt does not constitute confirmation of payment but issued only to acknowledge the tender of payment, especially when a cheque is provided as the form of payment.
        3. Delivery and Acceptance
      3. Delivery Timeline: Any indication of delivery timelines provided by the Company or its authorized employees, agents or representatives to the Customer are estimates only and may vary due to factors such as availability of stock, location, or unforeseen logistical issues. The Company is not liable for any delivery delays beyond the Company’s reasonable control. The provision of OTP is only an indication that the goods have been dispatched by the company for delivery but in no way provides any indication of estimated time of delivery.
      4. Acceptance of Goods
        1. Inspection and Acceptance: The Customer is advised to inspect the good(s) upon delivery and report any visible damage or discrepancy in the delivery to the Company’s delivery person before the Company’s delivery person leave’s the customer’s premises. If no complaints are raised by the Customer, the Customer agrees that it has received the good(s) in good and merchantable condition.
        2. At the time of delivery, the Company’s authorised delivery personnel will present the Customer or their authorised representative with a summary of the goods being delivered, either by way of a printed docket or via display on the Company’s mobile device. The Customer may request a printed or emailed copy of the corresponding invoice or delivery note.
        3. The Customer or their authorised representative shall confirm acceptance of delivery by signing on the Company’s mobile device or the printed delivery docket. By doing so, the Customer acknowledges that they were provided with an opportunity to review the goods delivered and the applicable invoice or delivery reference and confirms that delivery was completed in accordance with the Order.
        4. A copy of the signed delivery confirmation may be provided to the Customer upon request. The Company shall retain the digital record of the signed delivery for a reasonable period in accordance with its data retention policies.
      5. Unavailability or Refusal to Accept
        1. If the Customer or their authorised representative are not available to accept delivery at the designated time, or if the Customer or their authorised representative refuse to accept the good(s) (other than based on a complaint of delivery of damaged goods), the Company may charge the Customer for wasted shipping/delivery and any other associated costs incurred in returning the good(s) to the Company’s premises, being not greater than 10% of the value of the order.
  6. Privacy and Data Protection
    1. Collection of Personal data: The Customer agrees and acknowledges that their identification details (name, registered phone number, photo ID, etc) may be collected for verification, record-keeping purposes.
    2. Use of Personal data: The Company is committed to maintaining the confidentiality and security of the Customer’s identification information and will not disclose, share, or distribute it to any third parties unless so authorised by the Customer or authorised/required by laws of Fiji. All personal data will be handled in compliance with applicable data protection laws of Fiji and used for transaction verification and regulatory requirements. The Company shall take all necessary measures within its reasonable control to safeguard the Customer’s information against unauthorized access or misuse.
    3. Data Security: The Company utilised reasonable measures to protect your personal data and transaction details from unauthorised access. However, the Customer acknowledges that no data transmission or storage can be guaranteed to be 100% secure. The Customer agrees to hold and keep the Company indemnified from any unauthorised access to its data kept by the Company if such access occurred due to circumstances not within the reasonable control of the Company.
  7. Return, Replacement and Refund Policy
    1. The Customer must choose carefully. The laws as established by the Fijian Competition and Consumer Commission Act 2010 and the Sale of Goods Act apply in respect of returns, refund and/or replacement.
    2. In all other circumstances, we reserve the right to refuse a return, refund or replacement. If you wish to return or replace goods or seek a refund, you must:-
      1. Provide a clear copy of proof of Purchase i.e. copy of Invoice issued on purchase or delivery.
      2. Bring the goods undamaged and in original packaging to the branch where it was purchased. The transportation of the goods to the Company’s premises is to be done at the Customer’s costs.
      3. Make your claim within 7 (Seven) days from the date of Purchase.
      4. If your right to return, refund or replacement does not arise because of a breach of any guarantees provided under the Fijian Competition and Consumer Commission Act 2010, then we may charge a handling fee not exceeding 10% of the value of good(s) purchased.
      5. No return, refund or credit note policy will apply to any good(s) that are custom manufactured to the Customer’s specific requirements, inclusive of any good(s) specially cut and manufactured to size. Orders once manufactured/processed cannot and will not be cancelled or returned under any circumstances. Any return, refund or credit note will be at the discretion of the Company.
    3. Timeline for Processing of a Return, Replacement or Refund Request
      1. The processing time for a request for return, replacement or refund will be as follows:
    4. Cash Payment: For an order or purchase made on a cash basis (i.e. cash paid at the point of sale or cash paid on delivery), the request will be processed within 4 to 24 hours.
    5. Credit Sale: For an order or purchase made on a credit sale basis the request will be processed within 72 hours.
  8. Warranties and Limitation of Liability
    1. Product Warranties: All warranties regarding the good(s) supplied, if any, are provided by the manufacturer or as stated on the Company’s website. The Company makes no independent warranties beyond ones stated.
    2. Limitations: To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to the Customer’s use of the COD method or OTP system, even if the Company has been advised of the possibility of such damages.
    3. Force Majeure: The Company shall not be liable for any failure or delay in the performance of this transaction to the extent that such failure or delay is caused by events beyond its reasonable control, i.e. for reasons of natural disasters, strikes, civil unrest, acts of war, etc.
  9. Indemnification
    1. The Customer agrees to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, authorised representatives and agents from and against any and all losses, liabilities, damages, costs and expenses (including legal costs) arising out of or resulting from any breach by the Customer of any of these terms and conditions.
  10. Please contact us for on info@ajaxfasteners.com.fj should you require.

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