Terms and Conditions of Sale

 

All goods sold by Phebra Pty Ltd ABN 77 695 661 635 ; ACN 059 357 890 (the Company) are sold to customers subject to the following terms and conditions of sale.

 

1. Orders

 

(i)  A customer may place orders for goods by one of these means: e-mail, fax, mail or on-line.

 

(ii) The price charged for goods to be supplied under customer orders will be the price for those goods current at the date of order, according to the Company’s list price. The price may be varied but only by agreement made before or at the time when the order is placed. Any enquiry concerning the price of goods 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 for health care providers and under $1200 for licenced wholesalers (exclusive of GST) will incur a delivery and handling charge, with terms as per order.

 

(iv) The Company reserves the right to refuse orders, in whole or in part, without giving any reason.

 

(v) The Company will signify its acceptance of an order by raising an invoice to the customer.

 

2. Delivery

 

(i) The goods will be at the Company’s risk until delivery, and from that time, the goods will be at the customer’s risk. This transfer of risk will apply even if the delivery address is unattended.

 

(ii) The place of delivery will be at the address specified in the customer order, or if not specified, at the address to which previous orders were delivered.

 

(ii) The delivery docket manifest signed by the cartage contractor or the driver engaged to deliver the goods shall be conclusive evidence of due delivery of the goods.

 

(iii) If requested to enter a property to carry out a delivery, the Company accepts no responsibility for any damage incurred to the property and goods lying on that property resulting from that entry.

 

(iv) Where trucks are held on a site for more than 1 hour awaiting delivery, additional costs incurred as a result of delays on site or extra labour costs to unload will be charged to the customer.

 

(v) A request for deferred delivery of goods already set aside for delivery to the customer may incur a storage charge of 0.5% of invoice value per week.

 

(vi) If the goods cannot be delivered during normal business hours to a customer due to the inability of the customer to receive goods, then the customer shall be liable to pay the additional costs of delivery outside of normal business hours.

 

(vii) This policy applies to all returns of goods:

 

(a)    The customer must send to the Company written notification containing particulars of the batch and the goods, reason(s) for return, a chain of custody and a report on storage conditions.

 

(b)    The Company must approve of the return. If the return is approved, the Company will issue a return authority.

 

(c)    The customer must give the Company an opportunity to have the goods inspected by a Company representative prior to approval of the return.

 

(d)    All goods for return must be marked with a return authority number provided by the Company.  

 

(e)    Returns arriving at the warehouse without a return authority number will not be accepted and may attract a restocking fee of 20% of the invoice value.

 

(f)     The acceptance of any returned goods does not imply any acceptance by the Company of a customer’s claim of refund by reason that the goods are not fit for purpose.

 

(g)    In the event of damage to the goods in transit on delivery to the customer (prior to unloading), then the Company will replace the damaged goods. The customer must send to the Company a written request for replacement together with the delivery docket and evidence that the damage was endorsed at the time of receipt of goods.

 

(viii)This policy applies to all refund claims for goods:

 

(a)    In the event of damage to the goods after delivery to the customer, will not be entitled to claim the cost of replacement or for the goods to be replaced.

 

(b)    In the event the goods are not fit for purpose, and the customer can provide particulars of the batch and the goods, reasons for return, a satisfactory chain of custody and a satisfactory report on the storage of the goods, then the Company will provide a credit for the cost of the goods, and will collect the goods from the customer’s premises at its own cost.

 

(c)    In the event that the goods are not fit for purpose because of the way that the customer has stored the goods, or because the customer has overstocked the goods, or because the customer has allowed the goods to become short-dated or expired, then the customer will not be entitled to claim the cost of replacement or for the goods to be replaced.   

 

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 goods except by prior arrangement.

 

(ii) The customer agrees to accept delivery of all goods set aside by the Company for delivery in respect of such order and all goods in transit to, and subsequently delivered to the customer.

 

(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 by the customer.

 

4. Payment and Default

 

(i) For sales designated by the Company as ‘pre-payment’ sales, payment must be received by the Company prior to shipment of goods.

 

(ii)For sales to customers with a payment account with the Company, then the payment is due thirty days from the date of invoice, unless stated otherwise on the invoice.

 

(iii) Payments are to be made by Electronic Funds Transfer (EFT) into the designated bank account of the Company, as cleared funds. No other form of payment is permitted.

 

(iv) For pre-payment sales, payment must be received prior to the shipment of the goods.

 

 (v) Payment defaults will attract interest at the Company’s bank interest rate plus 3% p.a. after the due date, and will be actionable at law after 45 days.

 

(vi) If the customer defaults in making payment within the periods described, 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 interest charge for late payment.

 

b) Suspend or cancel orders and deliveries of goods.

 

c) Suspend or cancel customer credit accounts.

 

(vii) The actions by the Company described in paragraph (vi) may also be taken in the event of  these  customer defaults - the appointment of and proceedings for the appointment of an administrator, receiver, provisional liquidator, liquidator or other official manager of the customer’s company or any assets of the customer.

 

5. Reservation of Title

 

(i) Property and title 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, a bailee for the Company.

 

(iii) The customer hereby irrevocably authorises the Company to enter into premises where the unpaid goods are stored and to repossess the goods, in the event of a customer default.

 

(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 the 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’s account is terminated, the Company has the right to resell its goods.

 

(vii) Any monies received by the customer in payment in part or in full for the goods supplied for which the customer has not paid, shall be kept by the customer for the benefit of the Company and be 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 despatch. In no event shall the Company be responsible for any loss of profits, penalties, expenditure, or damages incurred by the customer arising out of any delay in delivery.

 

(ii) No claim shall lie by the customer for failure to deliver, short delivery, supply of incorrect goods, defective workmanship or pricing errors unless made in writing within 14 days from delivery or in case of failure to deliver, within 7 days of the first date on which the Company failed to deliver the goods subject to claim.

 

(iii) These limitations of liability will apply:

 

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 of the goods.

 

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.

 

c)  The customer will indemnify the Company for any claims whatsoever and howsoever made by a third party against the Company as a result of any supply of the goods by the customer.

 

7. Interpretation

 

These terms and conditions shall prevail notwithstanding any statement or representation made verbally, by letter or in any 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 law and which cannot be excluded and which shall prevail to the extent of inconsistency with these terms and conditions.