1. Sale of Goods. The Seller shall sell to the Buyer and the Buyer shall purchase from the Seller the goods set forth on Exhibit A (the “Goods”) in the quantities and at the prices stated in quoted to you specifically.
2. Delivery; Title; and Risk of Loss. Unless otherwise stated, the Seller shall deliver the Goods to the Seller, and title to and risk of loss of the Goods will pass to the Buyer upon such delivery by the Seller. Any stated delivery dates are approximate. The Seller will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date.
3. Disclaimer of Warranty; Due Diligence. The Goods are being sold “as is,” and the Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. The Buyer acknowledges that it has not been induced by any statements or representations of any person with respect to the quality or condition of the Goods and that no such statements or representations have been made. The Buyer acknowledges that it has relied solely on the investigations, examinations, and inspections as the Buyer has chosen to make and that the Seller has afforded the Buyer the opportunity for full and complete investigations, examinations, and inspections.
4. Limitation of Liability. The Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Seller has been advised of the possibility of any such damage. In no event will the Seller’s liability exceed the price the Buyer paid to the Seller for the specific Goods provided by the Seller giving rise to the claim or cause of action.
5. Force Majeure. The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
6. Assignment; Delegation. The Buyer may not assign any of its rights under this agreement or delegate any performance under this agreement, except with the prior written consent of the Seller. Any purported assignment of rights or delegation of performance in violation of this section is void.
7. Recovery of Expenses. In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including legal fees and expenses.
8. No representations or warranties, either express or implied, of merchantability, fitness for a specific purpose, the products to which the information mentions may be used without infringing the intellectual property rights of others, or of any other nature are made with respect to information or the product to which information mentions. in no case shall the information be considered a part of our terms and conditions of sale.
9. All content in this catalogue is created and published is for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice.
10. While we make every effort to make sure the information in this catalogue or website is accurate and informative, the information does not take the place of professional or medical advice.
Do not use our information:
- to diagnose, treat, cure or prevent any disease
- for therapeutic purposes
- as a substitute for the advice of a health professional.
We do not accept any liability for any injury, loss or damage caused by use of the information provided in our website.
The information may include the views or recommendations of third parties and does not necessarily reflect the views of the Australian Government or indicate a commitment to a particular course of action.
Quality
We make every effort to provide quality information in our website. However, we do not provide any guarantees, and assume no legal liability or responsibility for the accuracy, currency or completeness of the information.
You should obtain advice relevant to your particular circumstances from a health professional.
Pricing:
Prices can be supplied by your Sales Consultant, as pricing is subject to availability and supply of products.
Products may be subject to differ from catalogue pictures.