ATTENTION PURCHASERS: THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AS A PURCHASER. YOU SHOULD READ THEM CAREFULLY.
All prospective Purchasers are deemed to have read and accepted the following
Terms and Conditions.
Terms and conditions of supply of advice, products and services. The terms and conditions set out below form part of the contract made by the Vendor with Purchaser. Any variation must be agreed in writing and signed by an officer on behalf of the Vendor. No condition appearing on any order form provided by the purchaser with whom the contract is made shall be applicable.
1. The Vendor shall not be liable to pay any compensation for any direct, indirect or consequential loss, replacement or repair howsoever caused, including but not limited to, negligence.
2. The Vendor shall not be liable to the Purchaser in respect of any loss of profits, loss of goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by the Purchaser as a result of any action bought by a third party) arising out of the contract or the use by the Purchaser of any reports, results or information provided in pursuance of the contract.
3. The Purchaser indemnifies the Vendor from any action, claim, suit or chose in action howsoever arising, whether caused by the negligence of the Vendor, or any other reason whatsoever, for the loss of any genetic material belonging to the Purchaser, their principal, designee or assign, and in the possession or control of the Vendor.
4. The Purchaser does not rely on any representations and warranties made by the Vendor, its agents or employees during the negotiation.
5. The cost of service to be supplied by The Vendor shall be as laid out in current price lists. This may change with out notification.
6. Invoices will be payable immediately when the order is placed.
7. The Purchaser forfeits all rights to the receipt of confirmatory documentation if payment is not made as agreed. The Vendor shall be entitled to charge interest (both before and after any decree) on the amount unpaid at the rate of 5% per annum above the National Australia Bank base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
8. Cancellation by the Purchaser of an order that has already been sent to the manufacturer, shall render the Purchaser liable to cancellation fees on the following basis:
a) 100% of estimated order price
9. The Vendor will treat as confidential all confidential information obtained in the course of the performance of the contract, which is specific to the Purchaser’s business, but subject to any legal requirements to the contrary.
10. The Vendor shall not be held responsible for failure or delay in carrying out the work in whole or in part due to any circumstances whatsoever beyond its reasonable control.
11. The Vendor shall be entitled to the copyright in respect of any reports produced, and to the trade mark, patent and other intellectual property rights in or arising from all work done by the Vendor under the contract and from discoveries or inventions made during the course of the contract, unless otherwise agreed by the parties in writing. The purchaser shall not at any time publish or make use of in any publication any report or statement issued by the Vendor nor any extract therefrom without written permission through an officer on behalf of the Vendor.
12. The contract will be subject to Australian Law and both the Vendor and purchaser hereby submit to the jurisdiction of the Australian Courts.
13. We reserve the right to change these terms and conditions at our sole discretion. The most current version of the terms and conditions will supersede all previous versions. The terms and conditions link is available by visiting www.eartags.com.au