Any contract or order based on any order or any other tender or quotation is only accepted upon and subject to the Company’s Terms and Conditions, the Sale as herein printed and these conditions are to have full force and effect as if incorporated into the Purchaser’s order. Unless expressly accepted in writing by the Company any variations of or additions to these conditions in a Purchaser’s order or order form will be deemed to be inapplicable.
All quotations in any form are subject to withdrawal or variation by the Company at any time prior to acceptance of a firm order. No order given to the Company based upon a quotation shall be binding upon the Company until accepted by the Company in writing or by order processing. The Company reserves the right to correct any accidental error or omission or quotation or invoice without prior notice.
All prices are net and Goods and Services Tax exclusive unless otherwise stated. Prices for goods to be imported are based on prices quoted to the Company by the Principal and the rates of freight, Insurance premiums, customs duties, primage and other costs of importation known to the Company at the time of the quotation. In the event of any increase in these rates or in the prices of the goods quoted to the Company by the Principle before acceptance of an order or prior to the delivery of the goods to the Purchaser then the cost to the Company entailed by such increase/s shall be added to and form part of the purchase and or repair price and be payable by the Purchaser accordingly. Conversely any decrease in any such rates or the Principal’s price shall be deducted from the purchase and or repair price. This provision for variation of price shall also apply to goods and service required for the execution of an order purchased and obtained locally.
Where the Purchaser is a consumer as defined by any relevant law such as the Trade Practices Act, 1974 Commonwealth and similar state laws in respect of any goods, certain conditions and warranties cannot be excluded, restricted or modified (“the consumer warranties”). In those circumstances the Purchaser has the benefit of both the consumer warranties and the conditions contained in this clause and in the event of any inconsistency the consumer warranties shall prevail; all other express or implied conditions or warranties in respect of the goods or any of them are excluded from this contract.
Where goods are goods in respect of which the Purchaser is not a consumer, the following condition will apply: instruments and accessories are warranted to be free from defects in materials and workmanship, in accordance with the Principal’s warranty. This warranty does not cover the repair of any fault or replacement of any defective unit resulting from an act of God, or the negligence or malpractice of the Purchaser or his servants, including non adherence to storage and maintenance of devices in accordance with the Principals specifications. Unless stated to the contrary in writing, products are warranted for a period of one year from dispatch or the product expiry date, whichever is least.
Should any of the equipment sold by the Company fail for any inherent electrical or mechanical defect including device failure within the warranty period, the Company undertakes to repair or replace the same free of charge providing the defective goods are returned to the Company’s warehouse freight/insurance prepaid and provided that no alteration or additions are made or repairs undertaken except by the Company or the Company’s authorised representatives. Warranty is likewise extended to repairs carried out by the Company or by the Principal but is limited to three months and is applicable to the repair work done and not to any subsequent failure of unrelated parts and or software.
Indent items manufactured where the Principals location is International are in addition subject to alteration in price because of variation in currency rates between the Principal’s (manufacturers) currency and the Australian dollar at the date of the Company’s invoice, such fluctuations or variations shall be forwarded to the Purchaser for approval prior to invoicing.
Prices quoted are subject to the addition of goods and services tax and to any tax imposed by any Government authority upon the goods quoted or upon the production, sale, distribution, delivery or upon any feature thereof if applicable. All such taxes shall be payable by the Purchaser and may be added to the purchase price by the Company.
Goods quoted ex stock are subject to prior sale by the Company unless it is otherwise stated.
The Company shall have no liability direct or indirect for the delay in delivery. The delivery time for the goods quoted on an indent basis is an estimate only and is based upon the Company’s knowledge of conditions prevailing at the time the quotation is made. The delivery time is subject to variation in accordance with the Principal’s manufacturing programme and the availability of shipping space from the source of supply and also to any delay through Act of God, labour disputes, strikes, lockouts, fire, accident, non-delivery of parts by other manufacturers or any other causes or contingencies beyond the Company’s control and/or the control of the Principals. The Company does not accept orders under penalty for late delivery.
The Purchaser shall inspect the goods immediately on the arrival thereof and shall within 7 days from such inspection give notice in writing to the Company of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. If the Purchaser shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Purchaser shall be bound to accept and pay for the same accordingly.
Any Standing Orders and other contracts that have been made with MediNat Australia are binding within the specified period and can only be cancelled if both parties mutually agree. Goods whether they are custom made or not, or are in the process of manufacture, or are in transit and in the contract time frame will be paid for by the Purchaser in accordance with these Conditions of Sale or quotation.
In the case of delivery or part thereof each and every delivery will be deemed to be sold under a separate contract and will be subject to these Terms and Conditions of Quotation, Sales and Repair.
In addition to any lien to which the Company may be entitled by statute or common law the Company shall, in the event of the Purchaser’s insolvency, bankruptcy or winding up, be thereupon entitled to a general lien on all property whatsoever owned by the Purchaser but in the Company’s possession at the time, such lien to cover the unpaid price of any goods (including the goods) sold by the Company to the Purchaser.
Failure by the Company to insist upon strict performance by the Purchase of any terms or conditions contained herein shall not be taken to be a waiver thereof or of any rights of the Company in relation thereto and in any event shall not be taken to be a waiver of the same terms and conditions on any subsequent occasion.
The contract constituted by the acceptance by the Company of the Purchaser’s order or by the Purchaser’s acceptance of the Company’s tender/quotation shall be construed to be in accordance with the laws of the State of Victoria, Australia.
Unless otherwise specified by the Company the point of delivery of the goods shall be at the Company’s premises and other such sites. Goods delivered elsewhere shall at the Purchaser’s risk from dispatch to such premises and the Purchaser will indemnify the Company against any claim or liability damage or injury to or by the goods after dispatch and shall specify in writing on his official order if insurance is to be taken out on his behalf and at his cost.
Illustrative and descriptive literature supplied by the Company to the Purchaser represents generally the goods specified therein but may not comply in all respects with the goods which are subject of any quotation.
Where credit terms have been agreed, invoices are Strictly Net 14 days from the date of invoice. Terms of Payment may be varied at the discretion of the Company and will be outlined on the quotation. The property of the goods shall not pass to the Purchaser until the goods are paid for in full. In the event of non-compliance with the Company’s Trading terms, the Company reserves the right to suspend deliveries and/or cancel contracts and/or void warranty.
The Company then reserves the right to require further purchases by the said Purchaser are paid with the order.
Where credit terms have not been agreed upon, the Company will require payment with the order.
Any order placed resulting from a quotation may be cancelled in full or part by the Purchaser only upon the Company’s consent in writing and against payment to the Company of a reasonable and proper cancellation fee, should this be deemed necessary by the Company.
Filing a petition of bankruptcy or commencement of any legal action for insolvency, or creditor’s petition for winding-up of the Purchaser’s company shall be deemed a cancellation by the Purchaser.
Returns may be made with prior written consent of the Company and may not be accepted after seven days from the date of the Company’s invoice. Freight costs on goods being forwarded to the Company will be borne by the Purchaser. A restocking fee may be charged.
(b) Goods not returnable:
The purchaser shall indemnify the Company against all claims whether made under any contract or statute or under common law in respect to any loss or damage to any property whatsoever arising out of any defect in material or workmanship in connection with any goods manufactured and/or sold by the Company or any default or negligence on the part of the Company’s personnel in connection with or during the carrying out of any work by the Company on the Purchaser’s (manufacturers) or any other person’s property.
Quotations are valid for 30 days unless otherwise stated.
The Purchaser shall not assign any contract or any right there under without the written consent of the Company.