Terms and Conditions

Terms and conditions of sale

Last updated: 12th May 2020

1. Definitions

  1. "Seller" means 'Joe Blow' aka 'Joe Blow Superchargers' 
  2. "Customer" means any person, body corporate or entity which purchases or orders Goods or Services from the Seller.
  3. "Conditions" means these terms and conditions for the supply of Goods or Services by the Seller to the Customer, as amended or varied in writing by the Seller.
  4. "Contract" means a contract between the Seller and the Customer for the sale of the Goods or Services.
  5. "Goods" means all goods delivered by the Seller to the Customer or to be delivered by the Seller to the Customer.
  6. "Services" means all services provided by the Seller to the Customer or to be provided by the Seller to the Customer.
  7. "Order" means any request made in writing by the Customer to purchase Goods or Services from the Seller

 

2. Application of Conditions

These Conditions apply to all Orders placed by the Customer with the Seller.

The Seller requires that any Order of Goods be in writing.

Any Order made by the Customer is not binding on the Seller until payment is received by the Seller for the Order.

A Contract will be formed upon the provision of an invoice by the Seller of an Order for the Goods by the Customer.

The Customer acknowledges that it will be bound by these Conditions which will form part of the Contract.

The Contract may only be varied with the Seller's prior written consent.

To the extent any conflict exists between these Conditions and any other documentation or correspondence forming part of the Contract, these Conditions are paramount and prevail.

No terms stated by the Customer in making an Order will be binding upon the Seller unless accepted in writing by a duly authorised officer of the Seller.

These Conditions supersede all terms and conditions of sale previously issued by the Seller.

Any quotation issued by the Seller is not and will not be construed as an offer capable of acceptance by the Customer.

The Seller reserves the right, at their sole discretion, to decline any Orders or part thereof. Any Orders or part thereof not accepted are deemed cancelled.

 

3. Cancellation of Orders

As all Goods are manufactured to order, the Seller does not offer refunds or accept returns for 'change of mind'.

Orders accepted by the Seller cannot be cancelled without the Seller's prior written consent (at their sole discretion).

No application for cancellation or delay in delivery will be considered unless made by the Customer in writing to the Seller.

The Seller will consider an application for cancellation or delay in delivery at their sole discretion.

All Order cancellations are subject to a 25% restocking fee

 

4. Payment Terms

All Orders are subject to a 50% deposit payable prior to commencement of manufacture of the Goods.

Manufacture of the Goods will only be commenced once payment has cleared into the Seller's account

Balance of payment is payable along with any shipping costs on completion of manufacture and prior to despatch of the Goods.

Goods will not be despatched until the Customer has paid the full invoice price for all Goods supplied by the Seller under all invoices and the funds have cleared in the Seller's account.

If the Customer defaults in payment or breaches these Conditions then it will be liable for all costs incurred by the Seller and will indemnify the Seller against any loss, liability, charge, expense, outgoing or payment which the Seller suffers, incurs or is liable for in respect of the recovery of monies owing by the Customer to the Seller. 

 

5. Title to Goods

Notwithstanding any other provisions in these Conditions and notwithstanding that the Customer has possession of the Goods, title to any and all Goods supplied by the Seller will remain with the Seller and no legal or equitable interest or property in the Goods whatsoever shall pass to the Customer until the Customer has paid the full invoice price for all Goods supplied by the Seller under all invoices.

 

6. Seller's Obligations

Notwithstanding any other provision of these Conditions, if the Customer breaches a term of a Contract, the Seller is not bound to perform its obligations under that Contract until the breach is remedied by the Customer.

The Seller is not liable for any failure to observe its obligations under these Conditions where such failure is wholly or substantially due to a force majeure event, which includes any cause beyond the control of the Seller, including strike, industrial action, war, sabotage, terrorist activity, national or state emergency, blockade or governmental action, inaction or request, and act of God.

 

7. Warranty

Joe Blow products are warranted for a period of 12 months from the date of purchase.

This warranty covers defects in manufacture only.

The Seller agrees to cover warranty costs only up to the purchase price of the products.

In the event of a faulty or non-conforming part, the part shall be returned unmodified by the Customer to the Seller for inspection.

Parts found to be defective, will be replaced or repaired at the sole discretion of the Seller.

Non-conforming parts will only be accepted for inspection by prior written arrangement with the Seller.

Acceptance of non-conforming parts for inspection is at the sole discretion of the Seller. 

 

Warranty returns should be addressed to the following address:

  Joe Blow
  PO Box 2105
  Hilton Plaza
  Mile End
  South Australia
  5033

All postage costs shall be at the expense of the Customer.

 

  

8. Indemnity

The Seller shall not be held liable for any costs, expenses, damages or losses (including but not limited to any direct, indirect or consequential losses) suffered or incurred from the use or misuse of its products or services by the Customer. 

The Seller may provide information in the form of electronic data, documentation and advice to help the Customer install and configure the Goods 

Such information includes but is not limited to: physical documentation supplied with products, electronic data included with products, information provided via this website, communications made via email and information presented in person or by via social media.

Whilst reasonable efforts are made to ensure that the information provided is accurate and without error, the Seller does not make any representations or give any warranties about the accuracy, reliability, completeness or suitability of the information for any particular purpose. 

The Seller shall not be held liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information (including data) being inaccurate or incomplete in any way and for any reason.

 

9. Supply and Delivery

The Seller reserves the right to substitute alternate parts, sub components and variations in finish for reasons of continuous improvement or availability. Parts may therefore differ from those listed in the documentation, shown on the website or depicted in media.

The Customer understands and agrees that shipping and manufacture times provided are only an estimate and may differ from the actual times taken.

The Seller will deliver Goods purchased by the Customer to the address nominated by the Customer at the time of Order only. 

The Seller shall not be held liable in any way for any failure or delay in delivery or for any loss or damage resulting directly or indirectly from any failure or delay in delivery of the Goods irrespective of whether such failure or delay is negligent or within the Seller's control or otherwise.

If the address for delivery is unattended and re-delivery cannot be reorganised or arrangements made for the Goods to be collected from the shippers depot for whatever reason, the Goods will be returned to the Seller at the cost of the Customer. Any subsequent redelivery charges will be at the expense of the Customer.

Unless agreed in writing by the Seller, all shipments are made by Australia Post Standard service.

Unless Specified all shipments are sent uninsured. Loss of Goods in transit shall be to the cost of the Customer.

All shipping quotes provided are for delivery using Australia Post Standard service

 

10. Customs and Excise

The Customer is liable for any and all import duties, taxes and excise payable on the Goods.

It is the responsibility of the Customer to ensure they understand any customs or excise charges that may be payable on the Goods when entering their country.

The Customer understands and agrees that failure to pay customs or excise charges may result in the Goods being withheld, returned to the Seller or in some cases destroyed. The Customer shall be liable for all costs associated with the return of Goods in these circumstances. Any subsequent redelivery charges will be at the expense of the Customer.

In the event that the Goods are destroyed or lost as a result of a failure of the Customer to pay customs or excise charges, then the Seller shall not be held liable for the cost of the Goods.

  

11. Usage and Compliance

Joe Blow products are designed for off road use only

Any legislative approvals or engineering acceptance testing required for the use of Joe Blow products on public roads is the sole responsibility of the Customer

 

12. Intellectual Property

The supply of Goods to the Customer does not constitute a transfer of any intellectual property rights in the Goods or any part thereof

The product design, it's application and the supporting technical information provided in relation to Joe Blow products remains the intellectual property of Joe Blow at all times.

The Customer agrees not to disclose or disseminate any of the information provided to them in relation to the Goods, including but not limited to the following:

  1. Technical documentation
  2. Technical help and advice
  3. Specifications or other information relating to part type and identification
  4. Specifications or other information relating to setup and installation
  5. Specifications, drawings or other information allowing reverse engineering of the Goods.

The Customer agrees to ensure that these terms are upheld if the Customer on-sells the Goods

 

13. Copyright

The Joe Blow logo and Joe Blow Logotype along with the JB circular monogram are copyright Joe Blow. The Joe Blow logo and JB circular monogram may not be used or reproduced without expressed written permission of Joe Blow or one of its appointed agents.

All content of this website, along with any printed media included with the Goods is copyright JoeBlow except where noted. You may not reproduce or communicate any of the content on this website or printed media, including files downloadable from this website, without the expressed written permission of the copyright owner or one of its appointed agents.  

Joe Blow grants permission for limited use of product information and product images from the 'Product' and 'Media' sections of the website as follows:

  1. Product information and product images may be used provided that they are used in a manner that positively promotes Joe Blow, its products and / or services. 
  2. Where used, such information shall include a link back to the website (https://joeblow.me) along with the content.
  3. This link may take the form of readable text or a clickable hyperlink.
  4. Acceptable forms of usage include product reviews, magazine or blog articles, technical discussions and sharing on social media.

Unless an exemption is agreed in writing by the Seller, all Customers grant the Seller permission to use photos for which the Customer holds the copyright, of installed Joe Blow products for promotional purposes by the Seller. Promotional purposes include but are not limited to: use on the Joe Bow website, use within advertising material for Joe Blow products and services and use on Joe Blow social media accounts including reposting by others.

 

14. Support

We are happy to assist you with installation and tuning advice to help you to get up and running.

Help and advice is available for free to all Customers for the life of ownership of the product and is provided under a fair use policy as outlined below:

The Customer agrees...

  1. That they have the necessary basic practical mechanical skills to undertake the installation safely
  2. To undertake the installation in accordance with the instructions and advice given
  3. That any deviations from the instructions or advice given by the Seller are disclosed by the Customer to the Seller when soliciting for advice
  4. To work safely within their technical and physical limitations
  5. That the help provided by the Seller is only to provide basic clarification and assistance, and is not intended not to provide the Customer with in depth training or coaching.
  6. That all support is provided at the sole discretion of the Seller
  7. That non-standard modifications of the Goods are not supported
  8. To be courteous and polite in all communications.

We are very happy to provide help and assistance to installers appointed by the Customer if required. The preferred method of communication is via email.

The Seller reserves the right to withdraw or limit support for customers whose behaviour makes it difficult or impossible for us to communicate with them.

Such behaviour can include for example:

  1. Making unreasonable demands or expectations
  2. Not acting in a courteous and polite manner.
  3. Engaging in defamation or threats
  4. Contravening the conditions of this Contract 

 

15. Tuning and setup

All carburettors and ECUs are shipped with a baseline setup ('tune') that is designed to get the Customers engine running only.

The Customer understands and agrees that the baseline tune is NOT the final tune for the Customers engine.

The Customer understands and agrees that they will have to adjust the tune for optimal operation on their engine.

The Customer understands and agrees that in the case of carburettors 'Tuning' can involve the substitution or replacement of all of the internal tunable aspects of the carburettor including but not limited to:

  1. Jets, air correctors, chokes, venturi's, emulsion tubes, needle valves etc.

The Customer understands and agrees that in the case of EFI and Ignition ECUs 'Tuning' can involve the adjustment of ECU parameters via laptop.

The Customer understands and agrees that all tuning costs are at the customers expense, including dyno hire and the cost of any components or equipment required

Joe Blow shall not be held responsible for any damages or losses both direct and indirect, that arise as a result of the failure of the Customer to optimise the setup ('tune') for their engine.

  

16. Privacy Policy

Joe Blow respects your right to privacy and does not collect personal information about you when you visit this website unless you choose to provide that information voluntarily.  We do not give, share, sell or transfer personal information to any third party, unless we are required to do so by law. 

 

17. Cookies

"Cookies" are text files created by your browser and stored on your system to aid in customising your browsing experience. The use of cookies is a standard practice among Internet websites and most Internet web browsers may be customized to reject cookies, to only accept or reject cookies by user intervention, or to delete cookies.