Terms Conditions
Definitions
- Supplier means one of the above-listed Companies.
- Purchaser means a person, company, surgery, hospital, or business placing an order.
- Customer means the same as a Purchaser.
- Goods mean all goods or services supplied by the Supplier.
- Products mean the same as Goods.
- Authorized means someone who is qualified or who has been given the authority on behalf of a qualified person.
General
The following terms and conditions apply to the sale and delivery of any products sold by the Supplier to the Purchaser. These terms and conditions shall, to the extent of any inconsistency, prevail over all and any conditions of the Purchaser’s order.
Placement of any order implies acceptance of these conditions. These Terms and Conditions may vary from time to time.
Prices
Goods will be supplied and invoiced at the price ruling at the date of dispatch, except on a special advertised price or a quotation given in writing for a set period.
The Supplier reserves the right to change prices without notice. The purchaser is responsible for any tax or governmental charge imposed on the sale of the goods.
Orders
The Supplier reserves the right to accept or decline, in whole or in part, any order placed by the Purchaser.
The Supplier will place on back order any item(s) temporarily out of stock unless instructed to the contrary by the Purchaser in writing.
Any order which has been accepted by the Supplier, cannot be cancelled by the Purchaser without express written permission from the Supplier. When the Purchaser requires Restricted or Controlled Drugs, then an official order, signed by an Authorised person, has to be received by facsimile, email or post. The Purchaser must obtain all necessary licences and comply with all appropriate Commonwealth or state Acts and regulations.
Delivery
All Goods will be dispatched as soon as reasonably possible after receipt of an order.
Any time quoted for delivery is only an estimate and the Supplier shall not be held liable for any delay in delivery, arising from circumstances beyond its control.
The Purchaser shall not be relieved of any obligation to accept or pay for goods because of any delay in delivery.
We reserve the right to make a freight and insurance charge on any delivery.
Payment
For account customers payment of the total amount on an invoice shall be made by the 20th day of the month following the date of invoice.
We prefer all invoices to be paid by Direct Deposit into our bank account.
Bank: NAB Bank
Account Name: Diagnostic & Medical Pty Ltd
BSB 082-309
Account No: 94-299-8265
Alternatively by cash or bank cheque.
We accept the following debit and credit cards for payment by Visa, or Mastercard.
Should payment of any amount not be received by the due date of our Trading Terms, we shall be entitled to suspend further supply until payment is received in full.
The purchaser will bear all expenses related to the recovery of all monies owed including collection agency fees and legal costs.
Risk
Risk or loss of, or damage to, the goods shall pass to the Purchaser at the time and point of delivery or loading of the goods onto the Purchaser's nominated carrier.
Title
At Diagnostic & Medical Pty Ltd at its discretion may register all transactions on the PPSR (Personal Property Security Register) under individual sales or a controlled inventory account. Under the terms of the PPSR, property and ownership in the goods shall not pass to the Purchaser until all goods have been paid for in full including all costs of delivery.
The Purchaser shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery.
The Purchaser, as a fiduciary agent and trustee for the Supplier, may use or sell the goods in the ordinary course of its business and shall account to the Supplier for the proceeds.
In the event the Purchaser defaults in payment, call a meeting of its creditors, goes into bankruptcy, liquidation or has a receiver appointed, the Purchaser grants the Supplier and its employees or agents the right to enter upon the Purchaser premises where the goods are known to be stored, to take possession of the goods.
Guarantee
Goods will be accepted for return and replaced if one of the following occurs:-
- Supplied incorrectly.
- Faulty in material and/or workmanship.
- Damaged in transit if sent by the Supplier's carrier.
In such instances, the Supplier must be notified by the Purchaser within 48 hours after receiving the goods. The Supplier will organize for the goods to be picked by its nominated carrier. If the Purchaser returns the goods by its carrier, then the Supplier will not be held liable for the freight costs.
Goods ordered incorrectly by the Customer may be accepted back for credit but only at the discretion of the Supplier. If approved by the Supplier, the cost of returning the goods will be at the purchaser's expense and a restocking fee may apply.
All goods being returned for credit or replacement must be accompanied by a copy of the original invoice and a duly authorized numbered “Return Authority” form issued by the Supplier.
Goods will not be accepted for return if the following occurs
- The manufacturer's packing is not in its original condition.
- The goods have expired
- The item/s have been specially ordered or manufactured expressly for the Purchaser.
- The Company reserves the right to dispose of, without recourse, any goods returned without authorization.
Repairs
The Supplier will take all reasonable care of all products sent to it for repair by the Customer but takes no responsibility for loss or damage. It is recommended that the Customer has content insurance coverage on all its products. The Customer is wholly responsible for all freight costs shipping the product to and from the Supplier or any of its Service agents.
Exclusions
The Supplier excludes, to the full extent to which it is entitled to do so by law, any implied conditions and warranties, together with liability for any special, consequential, direct or indirect loss, damage, harm or injury, suffered or incurred, by the Purchaser including any loss of anticipated income or profit.