Terms and Conditions
JB Medical Supplies offers to sell goods onthe following terms and conditions (‘Conditions’)
In these Conditions:
(a) ‘Purchaser’ means the purchaser of theGoods.
(b) ‘Goods’ means any goods supplied by JBMedical Supplies.
Nothing in these Conditions shall be read orapplied so as to exclude, restrict or modify or have the effect of excluding ormodifying any condition, warranty, guarantee, right or remedy implied by law(Including the Trade Practices Act,1974) and which by law cannot be excluded,restricted or modified.
2.1 The Goods and all other products andservices sold and/or provided by JB Medical Supplies are sold on theseConditions.
2.2 These Conditions (which may only bewaived or amended in writing signed by JB Medical Supplies) shall to the extentof any inconsistency prevail over all and any conditions of the Purchaser’sorder.
Unless previously withdrawn, a quotation fromJB Medical Supplies is open for acceptance within the period stated on thequotation or, where no period is stated, within 30 days only after the dateshown on the quotation. A quotation does not constitute an offer to sell and/orprovide Goods but is an invitation to treat only. JB Medical Supplies reservesthe right to refuse any order based on its quotation within 7 days after thereceipt of a Purchaser’s order. A contract shall be formed between JB MedicalSupplies and a Purchaser on the acceptance by JB Medical Supplies of aPurchaser’s order and not otherwise.
4.1 All prices quoted are exclusive of alltaxes, insurance and transport which shall be the sole responsibility of thePurchaser, unless otherwise agreed in writing.
4.2 Prices for Goods will be charged at:
(a) the price stated by JB Medical Supplieson a non-expired quotation; or
(b) where there are no quotations, thepricing ruling at the date of dispatch.
5.1 The Goods shall be deemed to be deliveredto the Purchaser at the time the Goods arrive at the Purchaser’s premises. JBMedical Supplies may arrange for transport of the Goods to a destinationnominated by the Purchaser and the cost of such transport shall be added to theprice of those Goods if so stated by invoice notation.
5.2 Goods are at the Purchaser’s risk fromtime of delivery. The Purchaser shall be responsible for arranging anyinsurance over the Goods after delivery.
5.3 JB Medical Supplies shall not be liablefor any loss occasioned by delay in delivery of and/or the procuring of Goods,whether consequential or otherwise.
5.4 Any disputes as to the Proof of Deliveryshall be made within 7 days of delivery.
JB Medical Supplies’ terms of payment are 30days from the date of the relevant invoice, unless otherwise stated on suchinvoice. JB Medical Supplies reserves the right to require payment with orderor satisfactory evidence of the ability of the Purchaser to pay for the Goodsordered by the Purchaser. Interest at 5% p.a. is payable on amounts which aremore than 30 days overdue.
- TRANSFER OF PROPERTY
Property in Goods
(a) Property in the Goods remains with JBMedical Supplies until all monies owing to JB Medical Supplies on any accounthave been paid or title is property vested in some other person by operation oflaw.
(b) Until property in the Goods passes, thePurchaser shall keep them free from any charge, lien or other encumbrance.
(c) Until Property in the Goods passes, thePurchaser shall:
(i) hold them on a fiduciary basis as bailee for JB Medical Supplies;
(ii) keep them separate from all other goods in its possession andmarked in such a way that they are clearly identified as the property of JBMedical Supplies;
(iii) upon request deliver up such of them (as have not ceased to be inexistence or resold) to JB Medical Supplies; and
(iv) not intermingle any sums it receives from any sale made by it or onits behalf of the Goods and shall hold such sums as trustee on behalf of JBMedical Supplies and account fully to JB Medical Supplies for such sums promptlyas and when required by JB Medical Supplies.
8.1 JB Medical Supplies war ants all Goodssold by it against defects of materials and workmanship in accordance with anyrelevant manufacturer’s warranty for those Goods. Whether any such defect iscaused by such faulty workmanship or materials shall be decided solely by JBMedical Supplies.
8.2 Subject to clause 8.1 this warranty isthe only warranty given by JB Medical Supplies in relation to Goods and anystatutory or other warranty express or implied as to the state, quality orfitness of Goods is hereby expressly excluded and negatived to the full extentpermitted by law. No agent or employee of JB Medical Supplies is empowered tovary this warranty in any manner whatsoever.
- EXCLUSION OF LIABILITY
9.1 JB Medical Supplies’ liability for breachof a condition or warranty implied by operation of the Trade Practices Act.1974is hereby limited to:
(a) in the case of Goods, any one thefollowing:
(i) the replacement of Goods or the supply of equivalent goods;
(ii) the repair of Goods;
(iii) the payment of the cost of replacing Goods or of acquiringequivalent goods;
(iv) the payment of the cost of having the goods repaired;
(b) in the case of services
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
9.2 Except as otherwise herein provided, allliability arising from any conditions and/or warranties express, implied orstatutory including indirect or consequential losses of any sort and howeveroccasioned are to the extent allowed by law hereby expressly excluded. Norshall JB Medical Supplies be liable for delays or prevention in its performancedue to causes arising from circumstances beyond its reasonable control,PROVIDED ALWAYS that nothing in this clause or elsewhere in these Conditionsshall adversely affect the rights of the Purchaser under relevant legislation.
- CANCELLATION OF ORDERS
No order shall be cancelled or deferredwithout the prior written consent of JB Medical Supplies.
- RE-STOCKING CHARGE
Goods may only be returned with the approvalof and at the sole discretion of JB Medical Supplies. Goods so returned will besubject to a re-stocking charge of 10% of their invoiced value.
- GOVERNING LAW
These Conditions are governed by and shall beconstrued in accordance with the laws of Queensland.
If any of these Conditions are held by aCourt of competent jurisdiction to be invalid or otherwise unenforceable, thatprovision may be, at the sole discretion of JB Medical Supplies, severed fromthe Conditions and the remainder of these Conditions will continue to beeffective and valid not withstanding such severance.
- TERMS OF RETURN
Application for return of goods must be madewithin fourteen (14) days from the receipt of Goods.