These Terms and Conditions apply to the supply of the Products and Services to the Customer by Taleb Medical. These Terms and Conditions and any document(s) referred to in them constitute the entire agreement about Taleb Medical Supply of the Products and Services to the Customer and supersedes all prior understandings, arrangements, representations and agreements.
In these Terms and Conditions:
"Customer" means the person, business, company or other legal entity that is the purchaser of the Products and Services;
"Products" means the Products supplied to the Customer by Taleb Medical and described in the Sales Invoice;
"Sales Invoice" means the sales invoice issued by Taleb Medical in respect of the Products and Services supplied to the Customer in which these Terms and Conditions are or are deemed to be incorporated;
"Services" means the services (if any) provided to the Customer by Taleb Medical and described in the Sales Invoice;
"Taleb Medical" means Taleb Enterprises Pty Limited (ABN 74 190 759 579).
1.1 Customer may order the products and services from Taleb Medical from time to time by completing, executing and sending to Taleb Medical a purchase order (Order). Customer agrees to be bound by these term and conditions and agrees that if there is any inconsistency between the Terms and Conditions and an order. The Terms of supply will govern to the extent of any inconsistency
1.2 The supply of products by Taleb Medical to customer is subject to continued existence of distributorship agreements with its Suppliers and on its Suppliers’ ability to supply sufficient quantities and types of products to Taleb Medical
2.1 The purchase price of Products is as set out in Taleb Medical most recent price list at the time Customer orders Products from. Freight, handling and insurance costs are in addition to the purchase price and will be shown on the Taleb Medical Sales Invoices
2.2 Taleb Medical may alter any prices of Products without prior notice to customer.
2.3 will invoice Customer for amounts due at the times specified in the order, specifying how those amounts are calculated.
2.4 Customer must pay each Taleb Medical Sales Invoice within the period specified in Taleb Medical’s payment Terms with Customer.
2.5 Taleb Medical may, in its sole discretion:
(i) Suspend the provision of credit to the Customer until all amounts owing are paid in full; and
(ii) From time to time and at any time, vary or cancel any credit facility it makes available to the Customer.
(iii) Charge Customer interest on any overdue amount, calculated daily from the due date until the date of payment. At the interest rate charged by the ANZ Bank of Australia to its prime commercial customers on the due date.
2.6 Customer must reimburse Taleb Medical for any expenses and charges incurred by Taleb Medical in attempting to recover from Customer any overdue amounts, including without limitation, debt collection and legal fee.
3. Cancellation charges
3.1 Unless otherwise agreed in writing, the Customer will not have the right to cancel an order which has been accepted by Taleb Medical.
3.2 If a Customer's right of cancellation is agreed to by the parties in writing, the right must be exercised by notice in writing from the Customer to Taleb Medical not later than 10 days before the estimated date of shipment by the manufacturer or Taleb Medical
3.3 Unless otherwise agreed between the Customer and Taleb Medical, upon cancellation prior to shipment, any deposit paid by the Customer will be forfeited to Taleb Medical.
3.4 If Taleb Medical becomes liable to pay a supplier’s cancellation or rescheduling fee due to Customer canceling an order, then Taleb Medical may recover those fees from the Customer.
4. Stock Returns for Credit
4.1 Products can only be returned to Taleb Medical for credit within 7 days with original packing from invoice date.
4.2 Damaged goods are not eligible for return.
4.3 Products to be returned must have RMA number clearly visible on the outside of the package.
4.4 Any goods purchased under special bid pricing, LBO pricing, demonstration pricing or clearance list items are not eligible for return.
4.5 Approved RMA must be returned to Taleb Medical within 7 days of the RMA number being issued or the goods will be declined and returned to the customer.
4.6 All returns outside the above conditions are subject to a minimum 30% restocking fee, if and only if Taleb Medical agrees to accept the return at the discretion of Taleb Medical. Taleb Medical is under no obligation to accept returns of product from customers.
4.7 Customer to pay for the freight to return the goods to Taleb Medical.
The delivery times made known to the Customer are estimates only and Taleb Medical will not be liable for late delivery or non-delivery. Under no circumstances will Taleb Medical be liable for any loss, damage or delay suffered or incurred by the Customer or its Customers arising from late or non-delivery of the Products.
6.1 Taleb Medical will notify the Customer of any applicable manufacturers' warranty in relation to the Products. To the extent permitted by law, Taleb Medical entire responsibility with respect to warranties for the Products is to pass on to the Customer the benefit of any such warranties.
6.2 To the extent permitted by law, the manufacturers' warranties referred to in clause are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including any implied warranties with respect to merchantability, fitness for purpose or quality, and whether as to design, assembly, materials or workmanship) and all such terms, conditions and warranties are expressly excluded from these Terms and Conditions.
6.3 Certain legislation may imply warranties or conditions or impose obligations upon Taleb Medical which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Taleb Medical is able to do so, its liability will be limited, at its option, to:
(i) in the case of Products: the replacement of the Products or resupply of equivalent Products; the repair of the Products; the payment of the cost of replacing the Products or
acquiring equivalent Products; or the payment of the cost of having the Products repaired; and
(ii) In the case of Services: the supply of the Services again; or the payment of the cost of having the services supplied again.
7. Exclusion of liability
7.1 In addition to any applicable legislation, these Terms and Conditions state:
7.2 Taleb Medical does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this agreement to be void (“Non-excludable condition”)
8. Risk and Title
8.1 Risk in Products passes to Customer when Products delivered to Customer’s premises and title to the Products passes to Customer on payment by Customer of the purchase price for those Products and all delivery and insurance costs in relation to the products.
8.2 Title in the Products or Services supplied by Taleb Medical to the Customer will not pass to the Customer until those Products or Services supplied by Taleb Medical to the Customer have been paid for in full.
8.3 Risk in the Products will remain with the Customer at all times unless Taleb Medical retakes possession of the Products.
8.4 Taleb Medical is not responsible for any loss or damage to Products in transit.
9.1 Customer indemnifies Taleb Medical, its employees, agents and subcontractors against all losses, damages, expenses and costs (on a full indemnity basis and whether incurred by or awarded against any of them) that any of them may sustain or incur as a result, whether directly or indirectly, of any Claim.
9.2 For the purposes of these Terms and conditions. ”Claim” means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out or relation to any or all of the Products or Services, any delay or failure in supplying the Products or Services and these Term and Conditions.
9.1 Customer must not use Taleb Medical or Suppliers trademarks, names or other intellectual property rights without prior written approval of Taleb Medical or the relevant
9.2 Both parties acknowledge that Taleb Medical will supply Products and Services as an independent contractor.
9.3 These Terms of Supply contain the entire agreement between Taleb Medical and Customer in relations, agreements, understandings and commitments between Taleb Medical
in relation to that subject matter.
9.4 These Term and Conditions are governed by the law applicable in the starts of purchase by customer of Products or Services and both parties irrevocable and unconditionally
submit to the non-exclusive jurisdiction of the courts of that state.
9.5 If a dispute arises concerning these Terms and Conditions, then the dispute must first be referred for mediation in accordance with the Australia Commercial Disputes Centre
9.6 Taleb Medical may subcontract to any person the performance of any of its obligations under these Terms and Conditions