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.