Terms And Conditions Of Trade
Hodei Pty Ltd
Rev by RT 150916
HODEI PTY LTD ABN 69 128 018 566 including any of its subsidiary companies (“Hodei”) offers to sell goods on the following terms and conditions (“Conditions”)
1. INTERPRETATION
In these Conditions:
(a) “Purchaser” means the purchaser of the Goods
(b) “Goods” means any medical goods and services supplied by Hodei.
(c) “Grantor” means the grantor of any security interest in the Goods, and is usually the Purchaser
(d) “Warranty Period” means the warranty period for the goods being in accordance with the manufacturer’s warranty period.
Nothing in these Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding or modifying any condition, warranty, guarantee, right or remedy implied by law (Including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
2. GENERAL
2.1 The Goods and all other products and services sold and/or provided by Hodei are sold on these Conditions
2.2 These Conditions (which may only be waived or amended in writing and signed by Hodei) shall to the extent of any inconsistency prevail over all and any conditions of the Purchaser’s order.
3. QUOTATIONS
Unless previously withdrawn, a quotation from Hodei is open for acceptance within the period stated on the quotation or, where no period is stated, within thirty (30) days after the date shown on the quotation. A quotation does not constitute an offer to sell and/or provide Goods but is an invitation to treat only. Hodei reserves the right to refuse any order based on its quotation within seven (7) days after the receipt of a Purchaser’s order. A contract shall be formed between Hodei and a Purchaser on the acceptance by Hodei of a Purchaser’s order and not otherwise.
4. PRICES
4.1 All prices quoted are exclusive of all taxes, insurance and transport which shall be the sole responsibility of the Purchaser, unless otherwise agreed in writing.
4.2 Prices for Goods will be charged at:
(a) the price stated by Hodei on a non-expired quotation; or
(b) where there is no quotation, the pricing ruling at the date of dispatch.
5. DELIVERY
5.1 The Goods shall be deemed to be delivered to the Purchaser at the time the Goods arrive at the Purchaser’s premises. Hodei may arrange for transport of the Goods to a destination nominated by the Purchaser and the cost of such transport shall be added to the price of those Goods.
5.2 Goods are at the Purchaser’s risk from the time of delivery. The Purchaser shall be responsible for arranging any insurance over the Goods after delivery.
5.3 Hodei shall not be liable for 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 Delivery shall be made within seven (7) days of delivery.
6. PAYMENT
Hodei’ terms of payment are thirty (30) days from the date of the relevant invoice, unless otherwise stated on such invoice. Hodei reserves the right to require payment with the order or satisfactory evidence of the ability of the Purchaser to pay for the Goods ordered by the Purchaser. Interest at 10.5% is payable on amounts which are more than thirty (30) days overdue. Credit cards are accepted but surcharges may apply.
7. TRANSFER OF PROPERTY
Property in Goods
7.1 Property in the Goods remains with Hodei until all monies owing to Hodei on any account have been paid or title in the property is vested in some other person by operation of law.
7.2 Until property in the Goods passes, the Purchaser shall keep them free from any charge, lien or other encumbrance.
7.3 Until Property in the Goods passes, the Purchaser shall:
a) hold them on a fiduciary basis as bailee for Hodei;
b) keep them separate from all other goods in its possession and marked in such a way that they are clearly identified as the property of Hodei;
c) upon request deliver up such of them (as have not ceased to be in existence or resold ) to Hodei (for which purpose our employees or agents may enter your premises) and the Purchaser is obliged to deliver up the Goods if so directed by Hodei in accordance with the enforcement procedures outlined in Chapter 4 of the Personal Property Securities Act 2009 (Cth); and
d) not intermingle any sums it receives from any sale made by it or on its behalf of the Goods and shall hold such sums as trustee on behalf of Hodei and account fully to Hodei for such sums promptly as and when required by Hodei.
8. REGISTRATION OF SECURITY INTEREST
8.1 The Purchaser as Grantor, grants to Hodei, a security interest(s) in the Goods under the Personal Property Securities Act 2009 (Cth). If applicable, this security interest(s) will be a purchase money security interest(s).
8.2 The Purchaser and Grantor (if different) acknowledge that Hodei may register the said security interest(s) in the Goods, at its discretion and that any related registration fees will be payable by the Purchaser.
9. WARRANTIES
9.1 Hodei warrants all Goods sold by it will be free of defective workmanship and materials for a period of 12 months.
9.2 Hodei Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure. The Purchaser is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
9.3 Hodei will, at its option either repair or replace any defective Goods or parts thereof with a new or remanufactured equivalent during the Warranty Period at no charge to the Purchaser for parts or labour during the Warranty Period.
9.4 The warranty described herein shall be the sole and exclusive warranties granted by Hodei and shall be the sole and exclusive remedy available to the Purchaser in addition to the rights and remedies of the Purchaser under a law in relation to the Goods to which this warranty relates.
9.5 All implied warranties including the warranties of merchantability and fitness are limited to the Warranty Period.
9.6 No other person or entity is authorised to make any warranties other than those described herein, or to extend the duration of any warranties beyond the Warranty Period on behalf of Hodei.
9.7 Correction of defects, in a manner and for the Warranty Period described herein, shall constitute complete fulfillment of all liabilities and responsibilities of Hodei to the Purchaser with respect to the Goods and shall constitute full satisfaction of all claims, whether based on contract, negligence and strict liability otherwise. In no event shall Hodei be liable, or in any way responsible, for any damages or defects in the Goods which were caused by repairs or attempted modifications by the Purchaser.