TERMS AND CONDITIONS

In this document, “we”, "our", "us" or any variation of those words means FIT-BioCeuticals Limited, its successor and Related Entities and assigns; “you” or any variation of the word means the person described in section A of your Account Application; “guarantor” means the person described as such on your Account Application; and “products” means any goods supplied to you pursuant to these Terms and Conditions.

1. SALE OF COMPANY PRODUCTS

We sell multiple brands that are governed by these general terms and conditions and from time to time by terms and conditions specific to the brand or product ("Brand Policies"). You warrant that you have read and understood and agree to be bound by any applicable Brand Policies.

Copies of Brand Policies can be obtained from our website, http://www.fit-bioceuticals.com.au/

2. STATUS OF PRICE LIST
The price applicable to a supply made by us is the price recorded on the invoice pertaining to that supply. Formal quotes prior to order are valid for 30 days from the date of quote. We are entitled to vary the prices of our products without notice to you.

3. PAYMENT
Payment of invoices is due on the final business day of the following calendar month from the date of the invoice. Interest at the rate of 2%pcm will be payable to us on any amounts owed and not paid by the due date. In addition to any overdue amounts and interest payable, you agree to pay on demand our costs of recovering any amount overdue including but not limited to the cost of time spent by our staff in seeking payment from you, legal costs and mercantile agent fees.
The guarantor hereby guarantees payment to us of any money owing to us by you from time to time, and indemnifies us for any loss we suffer if you do not pay us the full value of any products we have sold to you. If your debt to us is decreased or rendered irrecoverable because of a law relating to insolvency, the guarantor’s liability is not affected. In order to secure payment of any amount owing to us you and the guarantor charge in our favour any interest you or the guarantor have in any real property from time to time and consent to our lodging a caveat to reflect our interest. The obligations in this clause survive termination of this agreement and are not affected it the guarantor ceases to hold a position within your organisation.
Payment of our Invoices and accounts can be made by any of the following methods:

  1. By Direct Deposit Bank: Account Name: BSB: Account No: Westpac FIT-BioCeuticals Limited 032-000 652494
  2. By Cheque payable to FIT-BioCeuticals Limited
  3. Credit card by phone. We only accept Mastercard or Visa. We reserve the right to charge a surcharge in respect of payments made by credit card.

When making any direct deposit into our account, you must include the "Statement Ref" shown on your invoice as a reference. We will not be responsible for any failure or delay in to correctly allocating your payment as a result of you failing to provide the correct reference.

4. DELIVERY CHARGES
A freight charge of $12.50 plus GST will apply for all orders less than $250.00 plus GST (excludes Back Orders) within Australia. Orders under $250.00 plus GST, collected from our office incur a handling fee of $5.00 plus GST. Special delivery request or arrangements may incur additional delivery charges. Freight costs associated with International shipments will be applied to the your account unless specific agreement is made to the contrary.

5. TITLE AND RISK/PROPERTY AND OWNERSHIP
Risk in all products lies with you from the time they are delivered to you or as you direct. Legal title to all products remains with us until you pay all debts you owe to us or you sell the products in the ordinary course of business (in which case we shall have a lien over the proceeds of sale). Until legal title passes to you, agree to store all products at your premises in a manner appropriate to their nature. If you do not pay for any one or more products by the due date for payment we are entitled to:

You agree that we are entitled to register our interest in any products delivered for which payment in full has not been received. You agree to indemnify us for any costs incurred by us in enforcing our interest.

6. COMPLIANCE WITH REGULATORY REQUIREMENTS
It is your responsibility to ensure that, in distributing any products, you comply with any applicable State and Federal laws, including the Therapeutic Goods Act 1989 and any other law which regulates the public display and sale of goods. You agree to Indemnify us in relation to any claim arising from your failure to observe any law regulating the public display and sale of goods that we sell you.

7. ADVERTISING
Our products may not be advertised without prior authorisation from us. This applies to in print or electronic media.

8. ORDERING AND DELIVERY
Each order you place is a separate contract, governed by these Terms and Conditions as amended from time to time. We will endeavour to dispatch orders received by 2:00pm on a business day on the same day. Orders received after 2:00pm will be dispatched the following business day. We will take all necessary measures in transportation to ensure that probiotics are couriered in refrigerated conditions unless specified by you not to do so. A minimum of three (3) probiotic items per order applies. If we cannot fill any order you have placed, you will be entitled to a refund of any amount paid in respect of that order unless we fill the order before you request a refund. You may not hold us liable for any additional amount. You agree to notify us immediately if your business is transferred to another person or company. You agree that unless such notification is made, you will be jointly liable with the transferee for any amounts incurred on your account with us after the transfer.