Conditions of use
Applicability
These terms and conditions apply to all sales affected by Aidacare Pty Ltd (“Aidacare”) to the exclusion of any terms or conditions contained in any communication from the customer ("the Buyer"). Any variation or waiver of these terms and conditions must be in writing signed on behalf of Aidacare.
Offer
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. Quotes provided by CASE technicians for scripted products are “original works” and, as such, are protected by copyright to Aidacare and may not be distributed without prior express written approval by Aidacare.
Goods Ex-Warehouse
Unless otherwise agreed in writing by Aidacare and buyer, all products will be sold “ex-works”, Aidacare’s warehouse or distribution centre. Freight charges for delivery to Buyer’s premises will be added separately to the invoice for the goods. In the event that a Buyer chooses to use its own carrier, Aidacare shall be responsible for loading of the products on departure to Buyer’s carrier. Delivery of products to buyer’s carrier shall constitute delivery to the Buyer; thereafter all risk of loss or damage shall be Buyer’s responsibility with claims submitted to Buyer’s carrier.
Passing of Property and Risk
The title of goods shall not pass to the buyer until full invoice payment is received by Aidacare. The goods shall be held by the buyer as bailee, returnable on demand pending passing of title. Risk in the goods shall pass to the buyer upon delivery of the goods.
Purchase Orders
Buyer may order products and parts by facsimile, online, through email or other written communication except as provided below (each a “Purchase Order”), identifying the products or parts by number, quantity, purchase price, delivery address, requested date of shipment and any special shipping instructions. All Purchase Orders are subject to acceptance by Aidacare in its sole discretion. Any terms and conditions in any purchase order or rental agreement, which are inconsistent with, or are in addition to these terms, shall be null and void. Aidacare shall use reasonable efforts to timely fill orders accepted by Aidacare subject to availability, demand, inventory and other factors. On any Purchase Order accepted by Aidacare but not yet shipped, Aidacare shall use its reasonable efforts to accommodate Buyer’s request for cancellation or alteration; provided that Aidacare may impose a reasonable material, labour, storage or cancellation charges.
Products & Pricing
Aidacare reserves the right to change without prior notice the source of any of its products. Aidacare further reserves the right to discontinue without prior notice any of its product and stock or replacement parts thereof. Aidacare may further change the prices of its products at any time and without prior notice unless otherwise agreed in writing by Aidacare to expressly provide prior notice to buyer. Aidacare will make reasonable effort to provide advanced notice when possible. Billing and payment shall be in Australian Dollars unless otherwise agreed in writing by the parties.
Inspection and Claims
Claims for shortages, errors in delivery or defects apparent on visual inspection must be made in writing to Aidacare within 48 hours after receipt of shipment. Buyer’s failure to give timely notice of the same shall constitute unqualified
Payment Terms
Buyer must pay for all products in accordance with the payment terms set forth on Aidacare’s invoice unless otherwise agreed in writing by Aidacare. Payment terms are 30 days from invoice date for account holders only. For any other buyer the payment terms are COD. Any payment not made when due may accrue interest at the bank overdraft rates until paid in full. No invoice is to be adjusted or short paid without confirmation from an Aidacare staff member. Invoices should be paid in full (unless otherwise arranged). In the event Buyer fails to make a payment when due, the Buyer shall pay all reasonable costs of collection, including reasonable attorney’s fees. If a payment is not made in accordance with the applicable payment terms, Aidacare may suspend all further deliveries, or require full or partial payment in cash, in advance, on new orders, otherwise known as “Credit Hold”.
Default
If the buyer fails to pay the purchase price in the specified period or fails to carry out the terms of any contract with Aidacare or if the Buyer dies, stops payment or calls a meeting of its creditors or becomes insolvent or as a company it calls a meeting for the purposes of going into liquidation or has a winding up notice presented against it or has a receiver appointed, Aidacare may at its option and without prejudice to its other rights under this contract, cancel this contract, notwithstanding terms of payment previously specified without prejudice to any claim it may have for damages for any loss resulting from such transaction. Aidacare may for the purpose of the recovery of its goods enter any premises where they are stored and repossess such goods.
Insurance
Cover against loss or damage while goods are in transit to the buyer is covered under Aidacare's general open policy at no additional cost.
Cancellation
Accepted orders can only be cancelled with the agreement of Aidacare with or without conditions.
Proper Law
This contract and its performance and discharge are governed by the laws of Australia or at the option of Aidacare, by the laws of the State in which the quotation is given by Aidacare and any disputes shall be referred to arbitration in that state, in accordance with the Arbitration Act.
Indemnity
Buyer agrees to indemnify, defend and hold Aidacare and its parent, subsidiary or affiliated companies (and “Affiliates”), shareholders, directors, officers, employees, agents and assignees harmless from and against any expenses incurred by or claims made against Aidacare arising out of any negligent actions of the Buyer.
Credit Limit
A credit facility or credit limit offered by Aidacare is dependent on a credit assessment by Aidacare at a point in time. If circumstances change for whatever reason Aidacare may withdraw credit at any time at its discretion without any liability to the Buyer.
Severability
Any part of these conditions (being the whole or part of any clause(s) shall be capable of severance without affecting any other part of these conditions.
Copyright
This Pricelist or parts thereof remain the property of Aidacare at all times howsoever stored or presented and no part of these Terms & Conditions or Pricelist to which they pertain is to be copied, distributed or reproduced without the express written permission of Aidacare.