Terms & Conditions

Terms and Conditions of Trade

Bagot Pharmacy Supplies

Items will not be issued until full payment is made.

The customer is responsible for checking the goods and advising of any claims against the Company within seven days.

Credits cannot be issued unless goods in question are returned in full and saleable condition to Bagot Pharmacy Supplies Pty Ltd.

 

1. INTRODUCTION 

1.1 Application of these Terms and Conditions 

These Terms and Conditions are incorporated into any contract between a printer and customer for the supply of goods and/or services by the printer to the customer.

1.2 Interpretation 

In these Terms and Conditions:

“Business Day” means a day on which banks are open for general banking business in the State or Territory in which the printer’s premises are located;

“Estimate” means the estimate referred to in sub-clause 2.1(b) (as amended in accordance with clause 2.4);

“Freight Costs and Charge” includes all costs and expenses incurred by the printer in removing the Goods from its premises, whether by way of actual or attempted delivery to the customer or otherwise; “Goods” means all present and after acquired goods produced by the printer under an Order;

“GST” means Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth);

“Interest Rate” means a rate2% higher than the Cash Target Rate as fixed by the Reserve Bank of Australia;

“Order” means the work required to be done in order to fulfil the customer’s instructions;

“Preliminary Work” means any and all work performed by the printer at the customer’s express or implied request, the performance of which work was necessary to enable the Order to be commenced and which work was not within the reasonable contemplation of the printer at the time when the printer supplied the Estimate;

1.3 General 

In these Terms and Conditions, unless the context otherwise requires:

(a) the singular includes the plural and vice versa;

(b) a reference to a clause is a reference to a clause of these Terms and Conditions;

(c) a reference to a party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, successors and permitted assigns;

(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

(e) a reference to a period of time (including, without limitation, a year, a quarter, a month and a day) is to a calendar period.

1.4 Headings 

In these Terms and Conditions, headings are for convenient reference only and do not affect interpretation.

1.5 Business Day 

If the day on which any act, matter or thing is to be done under this agreement is not a Business Day, that act, matter or thing:

(a) if it involves a payment other than a payment which is due on demand, must be done on the preceding Business Day; and

(b) in all other cases, may be done on the next Business Day.

3. DELIVERY 

3.1 Rejection 

Subject to clause 7.1 the customer may only reject the Goods if they do not comply with the customer’s instructions. If the customer wishes to reject the Goods, the customer must notify the printer of the rejection:

(a) if Bagot Pharmacy Supplies agrees to deliver the Goods to the customer’s premises –within 7 days of delivery (or such other time as is mutually agreed);

(b) otherwise – within 7 days of notification that the Goods are ready for collection (or such other time as is mutually agreed).

3.2 Risk 

The risk in the Goods passes to the customer:

(a) if Bagot Pharmacy Supplies delivers the Goods to the customer’s premises – at the time of delivery;

(b) otherwise – at the time Bagot Pharmacy Supplies notifies the customer that the Goods are ready for collection.

3.3 Shipping

Bagot Pharmacy Supplies CAN NOT ship to PO Boxes. Customers can ring Bagot Pharmacy Supplies on 1300 600 292 to arrange an appropriate shipping destination.

4. PAYMENT 

4.1 Time for payment 

The customer must, within 14 days of the customer receiving the printer’s invoice, pay to the printer the total amount set out in the invoice.

4.2 Method of payment 

Payment for the Order is to be made by the customer by cash, cheque credit or any other form of payment as agreed by Bagot Pharmacy Supplies and the customer. Unless otherwise stated, all payment shall be in Australian Dollars.

4.3 Interest 

Bagot Pharmacy Supplies may charge interest at the Interest Rate on amounts not paid within the time specified in clause 5.1.

4.4 Advance and progress payments 

Bagot Pharmacy Supplies may issue an invoice for the amount of the Estimate before commencing the order.

6. NON-PAYMENT 

6.1 Retention of title 

(a) Until the customer has paid all amounts outstanding in relation to the Goods and any other goods supplied by the Bagot Pharmacy Supplies to the customer, title and property in the Goods shall not pass from the Bagot Pharmacy Supplies to the customer.

(b) If the Goods are in the customer’s possession, the customer shall hold the Goods as trustee for the Bagot Pharmacy Supplies and must store the Goods so that they are clearly identifiable as the property of the Bagot Pharmacy Supplies.

(c) Bagot Pharmacy Supplies may call for and recover possession of the Goods (for which purposes Bagot Pharmacy Supplies employees or agents may enter the customer’s premises and take possession of the Goods without liability to the customer) and the customer must deliver the Goods if directed by theBagot Pharmacy Supplies.

7. LIABILITY 

7.1 Non-excludable Rights 

The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the customer in relation to the provision of the Goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).

7.3 Disclaimer of Liability 

Bagot Pharmacy Supplies disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the customer, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the printer for a breach of a Non-excludable Right is limited, at the Bagot Pharmacy Supplies option, to the supplying of the Goods and/or any services again or payment of the cost of having the Goods and/or any services supplied again.

7.4 Indirect losses 

Notwithstanding any other provision of these Terms and Conditions, the Bagot Pharmacy Supplies is in no circumstance (whatever the cause) liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:

(a) any increased costs or expenses;

(b) any loss of profit, revenue, business, contracts or anticipated savings;

(c) any loss or expense resulting from a claim by a third party; or

(d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the printer’s failure to complete or delay in completing the Order or to deliver the Goods.

8. GENERAL MATTERS 

8.1 Periodicals 

If the contract between the Bagot Pharmacy Supplies and the customer relates to more than one issue of a periodical:

(a) Each issue will, for the purposes of these Terms and Conditions, be considered to be one Order.

(b) Subject to sub-clause (c), a party may not terminate a contract to which these Terms and Conditions apply unless:

(i) in the case of periodicals published weekly or more frequently, that party has given 4 weeks’ notice of that party’s intention to terminate the contract;

(ii) in the case of periodicals published fortnightly or more frequently (but less frequently than weekly), that party has given 8 weeks’ notice of that party’s intention to terminate the contract;

(iii) in the case of periodicals published less frequently than fortnightly, that party has given 13 weeks’ notice of that party’s intention to terminate the contract.

(c) Notwithstanding sub-clause (b), the printer may terminate the contract at any time if the customer is in breach of any provision of these Terms and Conditions relating to payment.

9 GOODS AND SERVICES TAX 

9.1 All amounts are GST inclusive amounts 

Unless otherwise stated, all amounts expressed or described in these Terms and Conditions are GST inclusive amounts.

9.2 Out of pocket expenses are GST inclusive 

All out of pocket expenses referred to in these Terms and Conditions are GST inclusive out of pocket expenses.

 

10. Personal Property Securities Act 

10.1 Security Interest 

The customer acknowledges and agrees that:

(a) these Terms and Conditions give rise to a security interest and constitute a security agreement for the purposes of the Personal Property Securities Act 2009; and

(b) the security interest is taken in all Goods previously supplied by the printer to the customer (if any) and all Goods that will be supplied in the future by the printer to the customer during the continuance of the parties’ relationship.