TERMS AND CONDITIONS OF SALE
All goods purchased from Pharmalab are sold subject to the following terms and conditions.
(i) Customers may place orders by telephone, e-mail, fax or by mail. Orders placed by telephone must be given with either an order number or name of orderer.
(ii) The price invoiced for goods supplied under Customer orders will be the current price for those goods, at the date of order, according to the Company’s list price, unless other arrangements are made before or at the time the order is placed. Any enquiry concerning the price of goods to be charged in an order should be made by the Customer at the time the order is placed. The Company’s list price for goods is subject to change without notice.
(iii) Orders under $400 ($1200 for wholesalers) will incur a delivery and handling charge, according to the Company’s list price.
(i) The goods will be at the Company’s risk until delivery and then the goods must be entirely at the Customer’s risk when delivered and if the sale is unattended the delivery docket/manifest signed by the cartage contractor or the driver of the Company shall be conclusive evidence of due delivery of the goods.
(ii) The Company if requested to enter a property accepts no responsibility for any damage incurred to the property and goods lying on that property.
(iii) Where trucks are held on a site for more than 1 hour additional costs incurred from delays on site or extra labour costs to unload will be to the Customer.
(iv) A request for deferred delivery of goods already manufactured for the Customer may incur storage charge of 0.5% per week of invoice value.
(v) If the goods cannot be delivered during normal business hours to a Customer due to the inability of the Customer to receive the goods, then the Customer shall be liable to pay the additional costs of redelivery.
(vi) Any return of goods for whatever reason must be preceded by immediate notification in writing covering particulars of goods and reason for return and unless otherwise agreed by the Company the goods must be inspected by a Company representative prior to return. All goods must be marked with a Return Authority Number obtainable from the Company upon request and approva1 of the return. Returns arriving at the warehouse without a Return Authority Number may not be accepted or may attract a re-stocking fee of 20% of the equivalent invoice value. The acceptance of any returned goods shall not imply any acceptance by the Company of the Customer’s claim. In the event of damage in transit the Customer is required to send to the Company a written request for replacement together with the delivery docket and evidence that this was endorsed at the time of receipt of goods that the goods were damaged prior to unloading.
3. Cancellations, Variations and Suspension of Orders
Once an order has been accepted by the Company, it can only be cancelled, varied or suspended (in whole or in Part) upon the following terms and conditions:
(i) No cancellation variation or suspension will be effective or recognised unless and only to the extent that the company agrees in writing to such cancellation, variation or suspension. Also, credits will not be issued for short-dated or expired product except by prior arrangement.
(ii) The Customer agrees to accept delivery of all goods held by the Company in respect of such order and all goods in transit to or subsequently delivered to the Company or such order.
(iii) The Customer agrees to pay all costs, expenses and liabilities incurred by the Company in consequence of the cancellation, variation or suspension of the order.
4. Payment and Default
(i) Unless arrangement is made for payment terms to be 14 days, payment for goods supplied is due on or before the delivery of the goods, COD.
(ii) If a Customer has an account with the Company, then the payment is due within thirty days from the end of the month of invoice.
(iii) Payments may be made in cash, by electronic funds transfer or by cheque. If by cheque, payment is conditional on the cheque being paid on presentation.
(iv) If the Customer defaults in payment according to the due dates for payment then the Company may at its option:
(a) demand payment of all monies due by the Customer to the Company, whether or not they are then due and owing, including an unsecured interest charge for late payment.
(b) suspend or cancel orders and de1iveries of goods.
(c) suspend or cancel Customer credit accounts.
(v) In addition to non-‘payment the following are treated as defaults in payment, namely the appointment of and proceedings for the appointment of an administrator, receiver, provisional liquidator, liquidator or other official manager of the Company or any assets of the Company.
5. Reservation of Title
(i) Property in any goods supplied by the Company shall remain in the Company as legal and equitable owner until full payment for the goods in question is received by the Company.
(ii) Risk in the goods shall pass to the Customer from delivery to the Customer or its agent. Until payment in full to the Company, the Customer shall hold the goods as bailee for the Company.
(iii) The Customer hereby irrevocably authorises the Company to repossess goods in respect of which the full payment has not been received by the Company, without any notice in the event that the Customer defaults in any payment.
(iv) The Customer in consideration of credit being given irrevocably authorises the Company to enter onto any land on which the goods are left and to which the Customer has a right of entry, to enter thereon with vehicles if required (without being responsible for damage thereby caused) and remove the goods.
(v) The Customer releases and indemnifies the Company and its servants or agents from all claims for loss or damage caused by the Company or its servants or agents in enforcing or attempting to enforce its rights under this clause.
(vi) When the Company retakes possession of goods pursuant to its rights hereunder the contract for sale between the Company and the Customer is thereby terminated and the Company has the right to resell the goods.
(vii) Any monies received by the Customer in payment in part or in full for the goods supplied shall be kept by the Customer for the benefit of the Company and paid to the Company in due course.
6. Limitation of Liability
(i) The Company shall not be liable for delay in delivery arising from any cause, including negligence on its part. The Customer shall not be relieved from any obligation to accept or pay for goods by reason of delay in delivery or dispatch. In no event shall the Company be responsible for any loss of profits, penalties, expenditure or damage incurred by the Customer rising out of any delay in delivery.
(ii) No claim by the Customer for failure to deliver, short delivery, supply of incorrect goods, faulty workmanship or pricing errors shall lie unless made in writing within 14 days of delivery or in case of failure to deliver, within 7 days of the first date on which the Company failed to deliver the goods the subject of the
(iii) (a) Any losses or damage arising directly, indirectly or in any way consequentially from the sale or supply of goods by the Company or from the breach of a contract of sale or supply of goods or a contract to sell or supply goods by the Company to the Customer (including any claim arising through negligence of the Company) shall be limited to the invoice price of the goods or at the Company’s option the replacement thereof.
(b) The Company is not responsible to the Customer or a third party for any loss or damage which may be caused to third parties as a result of any supply of goods by the Company.
(c) The Customer will indemnify the Company for any claims whatsoever and howsoever made by a third party against the Company for any default of
The Company in relation to any contract and/or arrangement made between the Company and the Customer.
These Terms and Conditions shall prevail notwithstanding any statement or representation made verbally, by letter or in any other document, terms and conditions unless it is in writing signed by the Customer or The Company as the case may be, or both, except only for such terms as are implied by or under any law and which cannot be excluded and which shall prevail to the extent of inconsistency with these terms and conditions.
Ophthalmic Laboratories Pty Ltd Trading As Pharmalab
ACN 059 357 890 ABN 77 695 661 635 …….. Copyright