“Seller” means Prima Health Solutions Pty Ltd (PHS) , ABN 44 097 116 544.
“Buyer” means the person or company placing an order with the Seller for the purchase of goods.
“Goods” means all goods and merchandise supplied by the Seller, in accordance with these conditions, to the Buyer or as the Buyer may direct.
Application of Terms and Conditions
These terms and conditions govern the supply to the Buyer of all products ('Goods') by the Seller to the exclusion of all other terms and conditions unless otherwise expressly agreed in writing.
These terms and conditions may be changed at any time by the Seller. The Seller will endeavour to give the Buyer reasonable notice of any change.
Credit and Returns
Buyers must inspect the goods provided by the Seller immediately upon delivery and must within 48 hours after the date of delivery give notice to the Seller’s Customer Service Department (phone 1800 226 180) of any claim that the goods are defective in any way.The notice should detail the original invoice number and amount, batch codes and bar codes of the goods and the reason for return.
The Seller’s Customer Service Department will advise the “Returns Log Number” for the goods.
No returns shall be accepted by the Seller unless authorized by the Seller’s Customer Service Department and a “Returns Log Number” issued. The Seller will not accept returned goods unless the “Returns Log Number” is clearly marked on the goods being returned.
The Seller will not accept freight forward charges when goods have been consigned by any transport company other than a carrier that has been authorized by the Seller.
Accepted claims will be directly credited to the credit card used to make the original purchase.
The Seller will replace damaged or defective goods provided notification is given to the Seller’s Customer Service Department (phone 1800 226 180) within 48 hours of the delivery of the goods.
Goods other than those covered in point 6 above, or goods ordered by the Buyer surplus to requirements are not returnable to the Seller and no credit will be given for any such purported return.
If the Buyer fails to give notice to the Seller in accordance with this “Credit and Returns” clause the goods are deemed to have been accepted “as is” by the Buyer and the Buyer must pay for the goods in accordance with these terms and conditions. In this case the Buyer will be taken to have waived any claim the Buyer may have had against the Seller.
The Buyer is unable to add or delete items to/from orders once they have been lodged and paid for.
Warranty and Liability
Subject to clauses (2) and (3) below, goods are sold by the Seller only on these terms and conditions to the exclusion of anything to the contrary in the terms of the Buyer’s order notwithstanding that any such order is placed on such terms as purport to override these terms and conditions.
The Seller excludes all liability in connection with goods (or advice regarding goods) other than that which may not be excluded under the ‘Trade Practices Act’ or other relevant legislation. For the avoidance of doubt, this exclusion includes but is not limited to an exclusion of all conditions and warranties implied by custom, the general law of statute, damages suffered by the Buyer arising in anyway out of the supply, delay in supplying or failure to supply goods, except as set out in the Credit and Returns clause.
The Sellers liability under any non-excludable implied condition or warranty (except a non-excludable condition or warrant implied by section 69 of the ‘Trade Practices Act’ or similar legislative provision) is limited to, at the Seller’s option:
The replacement of the goods or the supply of equivalent goods; or
The refund of the price paid by the Buyer for the goods.
Waiver and Variation
These terms and conditions contain the whole contract between the Seller and the Buyer, supersede all prior representations and agreements between the parties and override any inconsistent terms, unless agreed to in writing by the Seller. No variation of the terms and conditions shall be binding on the Seller unless assented to on its behalf in writing.
A provision of or a right created under these terms in favor of the Seller may not be waived or varied except in writing signed by the Seller. The Seller may elect not to exercise its rights arising from a breach of any provision of these terms and conditions and such election, even if the breaches are continuous and multiple, shall not create any estoppel or presumption against the Seller.