ASP MEDICAL TERMS AND CONDITION
All goods and services supplied by ASP Medical are sold subject to the following conditions:
In these Terms and Conditions, the “Company” means ASP Medical, whose registered office is Shop 13 Westfield Shopping town, Parramatta NSW, 2150.
The “Purchaser” means any person or company who buys or has agreed to buy goods and “Goods” mean any goods or services supplied by the Company
Conditions” means the terms and conditions set out in this document. The singular shall be deemed to include the plural, person shall include the firm or company and vice versa.
02. Applicable Terms:
Unless otherwise agreed in writing, any contract for the sale of Goods shall be subject to these Terms and Conditions. Any oral or written terms offered or stipulated by the Purchaser shall, if inconsistent with these Terms & Conditions, be deemed rejected by the Company.
The price for the Goods are stated in the Company’s website. The Company reserves the right to vary prices without notice.
The Goods shall be delivered to the address stated in the quotation or if no address is so stated, to any trading address of the Purchaser.
Any delivery dates quoted are estimates only and time shall not be the essence of the contract with regard to such estimated dates. The Company will accept no liability for failure to supply or deliver within the period quoted.
The Company shall be entitled to make partial deliveries by installments and these terms and conditions shall apply to each such delivery. Risk in the Goods shall pass to the Purchaser upon delivery to the address. The Purchaser is advised to insure accordingly.
Dispatch of goods will be approximately 1 – 5 days of receiving an order.
Title to and ownership of the Goods shall not pass to the Purchaser until the date that the purchase price for the Goods and all sums payable to the Company under any other agreement with the Purchaser or any other delivery or installment has been paid.
The Payment Date:
Until the Payment Date the Purchaser shall not be entitled to sell, transfer, lease, charge, assign by way of security or otherwise deal in or encumber the Goods and the relationship between the Company and the Purchaser in respect of the Goods, including any proceeds of sale or other consideration therefore shall be a fiduciary one.
The Company (without prejudice to any other legal remedies it may have) shall at any time thereafter be entitled to enter upon any premises owned or occupied by the Purchaser or any premises upon which it is reasonably believed that the Goods are being stored or kept (without notice to the Purchaser) and remove the Goods.
If in breach of the above clause, the Purchaser sells the Goods or any part of them prior to the Payment Date, then any proceed or sale in respect thereof and all right arising under in respect of the said sale shall be held (in the case of the proceed sale, in a separate account) by the Purchaser as trustee for the Company. The Purchaser hereby agrees, immediately on the receipt of a request from the Company, to assign to the Company all rights and claims which the Purchaser may have against any third party arising from such sale or transfer.
The Company shall be entitled to exercise a right of lien or sale over any property of the Purchaser in its possession, without prejudice to any other remedies available to the Company.
Argyle Street Pharmacy
Shop 13 Westfield Shopping town, Parramatta NSW, 2150
07. Damaged in Transit:
The Company shall not be liable for faulty or damaged Goods unless such fault or damage can be shown to have risen prior to dispatch. (a “Pre-Dispatch Defect”). Any claim by the Purchaser which is based on a Pre- Dispatch Defect shall be notified to the Company within 7 days from the date of delivery or (when the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. Following notification the Company may, at its sole discretion, repair, replace or issue a credit note in respect of defective Goods. The Purchaser must retain the Goods with the original packing for Inspection and return them, carriage paid and at the risk of the Purchaser, to the Company.
08. Notification of Shortage:
The Company shall accept no liability for shortage of goods on delivery unless written notification shall have been received by the Company from the Purchaser within 7 days of dispatching the Goods to the Purchaser.
09. Consequential Loss:
Any warranty or condition expressed or implied statutory or otherwise (including conformity with description sample, fitness for purpose or quality) are hereby expressly excluded and the Company shall be under no liability whatsoever for consequential loss or damage of any description in respect of goods sold, repaired, or converted, or for services rendered.
10. Customer Liability:
The Company shall not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser’s failure to perform any of the Purchaser’s obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser’s control.
All goods supplied by the Company shall be subject to the Manufacturers period of warranty. The Company shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.
12. Force Majeure:
The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond reasonable control or the control of its suppliers.
13. Governing Law:
All contracts made between the Company and the Purchaser shall be constructed in accordance with and governed in all respects by State of New South Wales’ Law and the Purchaser agrees to submit to the exclusive jurisdiction of State of New South Wales’ Courts.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF THE PURCHASER.