Terms and conditions

By purchasing a product from DKJO PTY LTD - ABN 14 678 769 812, you agree to be bound by these Terms and Conditions of Sale (Terms of Sale). 

DKJO may change these Terms of Sale from time to time. These Terms of Sale and any changes to the Terms of Sale will be shown on the DKJO website. By purchasing any product from DKJO after that effective date you accept and are bound by the changed Terms of Sale for that purchase and future purchases. 

No amendment or variation of the agreement to purchase DKJO Products (including the applicable version of these Terms of Sale) is valid or binding on a party unless made in writing and executed by both parties.

We may accept or reject an order for a DKJO Product in our sole discretion and nothing in this document obligates us to supply you with any DKJO Product that is unavailable or has been incorrectly listed for sale (including pricing errors).

If we accept your order, you will be directed to our online payment system at the time of purchase. 

Title in any DKJO Product you have ordered only passes once we receive full and clear payment from you. Risk passes to you on and from the date of delivery to the address specified in your order form.

By purchasing and or using DKJO Products you release DKJO from all liability to the extent permitted at law and you agree to these Terms of Sale.

You must ensure that DKJO Products are used in the way they were designed and manufactured for. You must always follow the manufacturer's instructions for proper use. In addition to the manufacturer's instructions.

You must not modify or tamper with any DKJO Product.

All warranties whether express, implied, statutory or otherwise, relating in any way to the DKJO Products generally, are excluded. Where DKJO is not legally permitted to exclude, limit, or modify a warranty (including the Australian Consumer Law guarantees), then that warranty or guarantee is not excluded, limited, or modified to the extent that DKJO is not legally permitted to do so. 

Where a DKJO Product is supplied to a consumer and that DKJO Product is not of a kind ordinarily acquired for personal, domestic, or household use or consumption, the liability of DKJO for any breach of such term shall be limited, at the option of DKJO (in its absolute discretion) to any one or more of the following: if the breach related to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and if the breach relates to services the supplying of the services again; or the payment of the cost of having the services supplied again.

Product warranties issued voluntarily by DKJO are not transferable to second owners, unless agreed in writing with DKJO prior to the second hand sale.

When products are returned to DKJO for a refund or exchange, the buyer will pay in full, for the cost of all associated freight costs. Additionally, there will be a 25% re-stocking fee that will be applied to any product returned to DKJO, and the goods must be in a “saleable” condition, intact with all their components and the original manufacturers packing unopened or tampered with.

To the extent permitted by law, DKJO shall not be under any liability (contractual, tortious or otherwise) to you in respect of any consequential loss or damage (including loss of revenues, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities (including loss of the benefit of a contract) and loss or damage in connection with claims against you by third parties) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the use of DKJO Products or an act, failure or omission of DKJO or any third party.

Without limiting any other provision in these Terms of Sale, but only to the extent permitted by law, DKJO's maximum liability to you for any claim howsoever arising in connection with any DKJO Product, whether based on contract, tort (including negligence), statute, equity or any other cause, is limited to the price of the DKJO Product to which the claim relates.

DKJO reserves the right to cancel orders. If DKJO cancels an order, you will be contacted, and the full refund will be processed.

It is important you only use the products in accordance with manufacturer manuals, guidelines and recommendations to minimise the risks associated with using DKJO Products. This does not apply to the extent that the loss or damage was caused by DKJO's negligence or fraud. 

Nothing in these Terms of Sale assigns or transfers to you any intellectual property rights in any DKJO Product.

These Terms of Sale and the associated purchase order form the entire agreement between you and DKJO in respect of its subject matter.

DKJO's failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless it is in writing.

These Terms of Sale shall be governed by and construed according to the law of New South Wales, Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales.

All interaction with DKJO is also subject to our Privacy and Security Policy.