APPLICABILITY: These terms and conditions apply to all sales by LifeHealthcare Distribution Pty Ltd (the Company) to the exclusion of any terms or conditions contained in any communication, agreement or invoice from the customer named (the Buyer). By acquiring goods from the Company, the Buyer accepts these terms and conditions as terms of the contract for the sale of goods to which the sale relates. These terms and conditions may be varied at any time by the Company.
These terms and conditions constitute the entire agreement. Any variation or waiver of these terms and conditions must be in writing signed by an authorised representative of the Company. If this document contains or constitutes an offer, that offer remains open for acceptance for a period of thirty (30) days from this date or from the closing of tenders (if applicable).
PRODUCTS & PRICES: All pricing charged is in accordance with quotes, tenders, contracts or as per standard customer pricing schedule. All pricing is exclusive of Goods and Services Tax (GST) and freight unless otherwise specified. The Buyer must pay an additional amount equal to any applicable GST. Products are subject to availability.
PAYMENT: All invoices are net payable seven (7) days from date of delivery to the Buyer unless otherwise stipulated by the Company. In the event payment is not made by the due date the Company reserves the right to suspend or cancel undelivered orders and to take proceedings for recovery. The Buyer must pay interest equal to 1.5% per month for each month or part thereof on overdue amounts from the due date until paid. The Buyer is not entitled to any retention or otherwise retain any amount due to the Company. All payments are to be made without deduction or equitable or other set off whatsoever.
INSURANCE: Cover against loss or damage while goods are in transit to the Buyer from the Company is provided under the Company’s general open policy at no cost.
DELIVERY TERMS: The Company will take reasonable endeavours to adhere to any delivery time agreed with the Buyer. The Company accepts no responsibility for any loss or damage resulting from any delay or failure to meet an agreed delivery date however caused.
CANCELLATION: Accepted orders can only be cancelled with the written agreement of the Company. The Company’s agreement may be subject to conditions.
PASSING OF TITLE AND RISK: Title to goods does not pass to the Buyer until the Company has been paid for the goods in full. The Buyer agrees that goods in its possession or control are held by the Buyer as bailee, and the Company retains a purchase money security interest in the goods and the proceeds of sale of the goods under the Personal Property Securities Act 2009, until the Company receives payment for the goods in full. The proceeds of sale of the goods by the Buyer must be held on trust by the Buyer for the Company’s benefit until the Company has been paid for the goods in full. The Company may recover the relevant goods from the Buyer if the Buyer defaults on payment for the goods. Risk in the goods passes from the Company to the Buyer on delivery of the goods.
The Company’s rights of recourse under this clause do not limit or exclude any other rights of recourse the Company may have under these terms and conditions or at law.
GUARANTEE AND WARRANTIES: The Company guarantees the goods against defects caused by faulty workmanship or materials for 12 months from the date of delivery to the Buyer for capital equipment and 30 days from the date of delivery to the Buyer for implants and consumables, and will repair or, where irreparable, replace the defective goods at the Company’s expense. This guarantee does not apply where any repairs or modifications to the goods have been carried out by a person other than the Company or an authorised agent of the Company.
Subject to the above and to the extent permitted by law, all warranties and conditions (whether express or implied) as to the goods, whether in regard to the quality of the goods, fitness for any purpose or the compliance of the goods sold with any description or sample produced by the Company at any time, whether prior to, at the time of or subsequent to the Buyer placing an order for the goods with the Company, or otherwise, are excluded.
LIMITATION OF LIABILITY: The Buyer agrees that the Company is not liable for any indirect, special, consequential or punitive damages (including but not limited to loss of profit) or loss arising out of or in relation to this contract of sale and the transactions it contemplates except to the extent set out in these terms and conditions. In no event will the Company’s liability exceed the total price paid by the Buyer for the specific goods provided to the Buyer that give rise to the relevant claim or cause of action.
GOVERNING LAW AND JURISDICTION: These terms and conditions and its performance and discharge are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
RETURNED GOODS POLICY: The Buyer must notify the Company of any errors in relation to the goods within 14 days of the invoice date. Goods returned without authorisation, or in respect of which the Company was not notified within 14 days, will not be accepted by the Company for credit. The invoice number and date of purchase of the goods must be shown on the packing list for all returned goods. A 20% handling charge may be applied to returned goods, which will be invoiced to the Buyer separately or set off against any refund payable to the Buyer at the Company’s absolute discretion. The Company will not issue a credit to the Buyer for goods that are not returned in saleable condition. No credit will be issued for returns of special or altered goods. Goods may not be returned for credit after 30 days from the invoice date.
Date issued: 19 February 2018
Approved by: D Taylor