1. Definitions
Additional Charges means all delivery, handling and storage charges, packing costs, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Price, payable by the Buyer to the Seller arising out of the sale of Goods.
Agreement means the contract of purchase of Goods between the Seller and the Customer which comprises of these Terms and any Purchase Order;
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State and Territory fair trading acts;
Business Day means any day which is not a Saturday, Sunday or Public Holiday in New South Wales;
Buyer means the person, entity, firm or corporation that acquires Goods from the Seller pursuant to the Agreement, the details of which are set out in the Purchase Order and includes the Buyer’s permitted assigns, successors, employees, servants and agents;
Buyer’s Agent means the person, entity, firm or corporation who on behalf of the Buyer prepares and/or submits an Order to the Seller;
Consumer has the meaning given to it in Section 3 of the Australian Consumer Law;
Consumer Guarantee means a right or guarantee under the Australian Consumer Law that cannot lawfully be excluded;
Direct Debit Service Agreement means the agreement in the form approved by the Seller pursuant to which the Seller is authorised to deduct the Price from a bank account specified by the Buyer;
Goods means the goods described in an Order, or any part thereof;
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Loss means any losses, liabilities, damages, costs, interest, charges, fines, penalties or expenses (including lawyer's fees and expenses on a full indemnity basis) whether direct, indirect, special, consequential or otherwise;
Order means an order for the Goods made by way of a proposal or quotation issued by the Seller in response to a Purchase Order request received from the Buyer and that is accepted by the Buyer;
Personal Information has the meaning given to such expression in the Privacy Act 1988 (Cth);
Price means the list price for the Goods as specified in the Seller’s price lists as published by the Seller at the date of delivery, or such other price as may be agreed by the Seller and the Buyer prior to delivery of the Goods, or otherwise as agreed to by the Seller in an Order;
PPSA means the Personal Property Securities Act 2009 (Cth);
Purchase Order means an application for an Order for the Goods made by the Buyer and submitted to the Seller for approval;
Seller means Alpha LifeCare Pty Ltd ABN 69 646 760 803; and
Terms means these terms and conditions.
2. Agreement
The Agreement includes all those statutory rights conferred on the Buyer which the Seller is not capable of excluding...
3. Order
Each Purchase Order placed by the Buyer will constitute an offer...
4. Price and Payment
- All prices are in AUD and exclusive of GST unless otherwise stated.
- Terms of payment vary by agreement...
5. Delivery
The Seller will use all commercially reasonable efforts to deliver the Goods by the agreed date...
6. Retention of Title
Risk passes to the Buyer on delivery...
7. Descriptions
No warranty or guarantee is given by the Seller except as required under the Australian Consumer Law.
8. Return of Items
8.1 Defective Goods
Buyer must check the goods upon delivery and notify the Seller of defects within 7 business days...
8.2 Non-Defective Goods
Returns may require written approval and be subject to fees.
8.3 Non-returnable Goods
- Custom Orders
- Hygiene-related Goods including Bathroom Equipment, Mattresses, etc.
9. Claims and Limitation of Liability
Subject to the Australian Consumer Law, the Seller’s liability is limited to replacement or cost equivalent.
10. GST
All taxable supplies will incur GST unless otherwise specified...
11. Privacy
The Buyer consents to the collection and use of Personal Information as outlined...
12. Force Majeure
Includes acts beyond reasonable control including natural disasters, war, industrial disputes...
13. PPSA
These Terms constitute a Security Agreement under the Personal Property Securities Act 2009 (Cth)...
14. General
- Governing law: New South Wales
- Amendments must be in writing
- Severability and joint liability terms...
Buyer Acknowledgement and Declaration
The Buyer has read, understood, and agrees to the Terms and Conditions of Supply...
Section 1: Buyer is an individual or sole trader
Signed by: ____________________________
Signature: ____________________________
Witness: ____________________________
Section 2: Buyer is a company
Executed by: ____________________________
Signature of Director: ____________________________
Signature of Director/Secretary: ____________________________