Terms & Conditions of Sale
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.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.
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:
(a) By Direct Deposit
Bank: National Australia Bank (George St, Sydney)
Account Name: FIT-Bioceuticals Limited
(b) By Cheque payable to FIT-BioCeuticals Limited
(c) Credit card by phone or website. We only accept Mastercard or Visa. BioCeuticals reserves the right to charge a processing fee in relation to payments made with credit cards or PayPal, which fees may vary from time to time. Payments made via Visa, MasterCard and PayPal will incur a surcharge of 1.1%.
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 $150.00 plus GST (excludes Back Orders) within Australia. Orders under $150.00 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:
• Require you return all products to us and enter your premises to recover them without liability to you; and/or
• Take recovery action for the price of the products in which case title to the products shall pass to you only once you have paid in full all debts you owe to us.
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.
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.
9. CREDITS AND RETURNED ITEMS
You will be liable to pay us in full for any products we deliver to you unless you notify us within seven (7) days of the delivery of products falling under the following criteria:
1. When delivered, the products were damaged or otherwise unfit for resale; or
2. The products are returned to us unopened and in a saleable condition, and:-
a. they were shipped to you in error, or
b. we have expressly agreed to give you a credit.
You must make available the invoice number, product, batch numbers, quantity and reason for return when you call. If you return any product otherwise than in accordance with the above conditions, we will dispose of them as we see fit, however you will remain liable to us for their full price. We may arrange pickup at our discretion for an authorised return; a copy of the invoice and authorisation number will be given. We reserve the right to charge a freight fee if arranging for pick-up of goods that do not fall within the Returns Policy.
10. CREDIT LIMIT
You acknowledge that we may unilaterally extend credit to you in excess of the credit limit you have nominated (if any), and that you and the guarantor will continue to be bound by these Terms and Conditions notwithstanding such extension.
You and the guarantor agree that the transaction of business between you and us after you receive this document shall be sufficient acceptance by all parties of its terms, and you and the guarantor waive any right you may otherwise have had to be expressly notified of acceptance. You and the guarantor acknowledge and agree we are entitled to take any action and make any request pursuant to this agreement despite its termination.
We reserve the right to update, amend and / or vary these terms and conditions in our unfettered discretion. You and the guarantor agree to be bound by any updated, amended or varied terms and conditions as made upon notification by us of the update, amendment or variation as the case may be. You agree that it shall be sufficient notification if amended terms and conditions are printed on the reverse side of invoices or other documents sent to you by us.
A.C.N: 062 851 683 FIT-BIOCEUTICALS LIMITED PO Box 6454, Tollfree: 1300 650 455 www.fit-bioceuticals.com.au