Terms & Conditions
The Contract Terms include all those statutory right conferred on the purchaser which Bioholistic Pty Ltd is not capable of excluding restricting or modifying (“the purchaser’s statutory rights”)
Unless other terms are accepted in writing by Bioholistic Pty Ltd , the Contract Term shall apply to the exclusion of all prior discussions, representations, understandings and arrangement, and other representations (contractual or otherwise); whether or not arising under statute, by implication of law or by custom or usage; and whether or not endorsed or delivered with or referred to in any order or other document delivered by the purchaser to Bioholistic Pty Ltd, with respect to the supply of goods or services.
In these Contract Terms, headings are for convenience only and do not affect their interpretation.
Unless otherwise stated, all prices have been quoted in Australian Dollars.
DELIVERY & SUPPLY:
Bioholistic Pty Ltd will endeavor to deliver goods, supply of services or otherwise complete the contract within the time agreed (if any) or within a reasonable time (in absent of an agreement), but shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in delivery, supply or complete. If delay or failure is caused by force majeure or labour dispute Bioholistic Pty Ltd may suspend delivery, supply or completion and/or terminate the contract. “Force Majeure” mean an act of God, war lightning, fire earthquake, storm, flood, explosion, unavailability of equipment, materials or transport and in any other case whether of the kind specifically enumerated or otherwise which is not within the control of Bioholistic Pty Ltd
RETURNS & CLAIMS:
Bioholistic Pty Ltd is not obliged to accept goods for return and credit, which have been incorrectly ordered by the Client. Only goods that are in merchantable condition may be accepted and credit may be reduced by the cartage handling fee and the loss of the economic value of the goods which shall be determined at Bioholistic Pty Ltd sole discretion.
Claims made in regards to a service preformed by Bioholistic Pty Ltd must be made in writing within 7 days of work being carried out.
WARRANTY, GUARANTEE & LIABILITY:
Any warranties, guarantees & liabilities by Bioholistic Pty Ltd with respect to goods or services are set out in writing on the relevant tender or invoice for goods
Those warranties, guarantees & liabilities are in addition to the purchasers statutory right, but it is a term of the sale that to the full extent permitted by law liability of Bioholistic Pty Ltd for breach of the purchaser’s statutory rights is limited solely to any one or more of the following as determined by Bioholistic Pty Ltd namely: (In the case of goods) the replacement or repair of the goods, supply of equivalent goods or the payment of the cost of replacing or repairing the goods or supplying equivalent goods, and (in the case of services) supplying the services again or the payment of the cost of supplying the service again. Expect for statutory rights, Bioholistic Pty Ltd will in no circumstances be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any defect in material or workmanship or any defect in or unsuitability of the goods or services supplied or by any negligence of Bioholistic Pty Ltd or any servant, contractor or agent of Bioholistic Pty Ltd. No person acting without the express written authority of Bioholistic Pty Ltd is authorised or permitted to give or make on behalf of Bioholistic Pty Ltd any undertaking, assertion, statement, warranty, admission or other representation in respect of the goods or the service or their supply at variance with the contract terms. Bioholistic Pty Ltd does not make any promise other than that contained in its warranties that any parts or repair facilities in respect of the goods will be available or available at any time or at any specified location.
PASSING OF PROPERTY & RISK:
Property in the goods shall pass to the client upon receipt by Bioholistic Pty Ltd of full payment of the goods.
Until property so passes the client holds the property as bailee for Bioholistic Pty Ltd and the client shall store the goods separately from any other goods and in a manner, which clearly identifies them as the goods of Bioholistic Pty Ltd and shall maintain the goods in the state and condition in which they were received.
The client authorises Bioholistic Pty Ltd and its authorised agents to enter upon the client’s premises, and to re-take possession of the goods where payment has not been received by Bioholistic Pty Ltd, in accordance with this agreement where such goods are in the original or the altered form or mixed with any other goods of the client or any other property the cost of separation and removal shall be borne by the client.
Bioholistic Pty Ltd may without prejudice to any of its rights and without notice, re-take goods which remain its property and may enter the client’s premises or any other place where the goods may be held if the client goes into bankruptcy or is placed in liquidation or administration or under Official Receivership or any encumbrance takes possession of the client’s undertaking or any part of its property.
The client shall keep the goods insured for their full value on a replacement basis and if necessary at the request of Bioholistic Pty Ltd provide a certificate of currency in respect of this insurance.
Risk in the goods (including any loss, damage, or deterioration and regardless of the delivery method chosen by Bioholistic Pty Ltd) pass to the purchaser immediately they leave Bioholistic’s premises
The client must satisfy himself that the goods are of a description, quality and character suitable for the purposes for which they are purchased or any other purpose, and subject to any legislation to the contrary, Bioholistic Pty Ltd shall not be liable for any loss or damage (including direct, indirect, special, general or consequential loss) howsoever arising from the sale or from the client’s failure to satisfy himself of those requirements.
The client acknowledges that Bioholistic Pty Ltd does not sell by sample and even if the client has inspected any samples of the goods, no term is implied that the goods correspond with any sample. Bioholistic Pty Ltd shall not be liable for any failure to perform or delay in any performance of this Contract by reason of whether wholly or in part any circumstances beyond its control.
The Guarantor named hereunder in this Agreement hereby personally (and, if more than one, both jointly and severally) acknowledges that this agreement has been entered into with the client by Bioholistic Pty Ltd at his or her request and in consideration of Bioholistic Pty Ltd entering into this Agreement, the Guarantor covenants for himself, executors, administrators, assigns and successors with Bioholistic Pty Ltd to unconditionally guarantee (and if more than one, both jointly and severally) to Bioholistic Pty Ltd the payment, when demanded from the Guarantor, of every amount of whatever nature payable by the client to Bioholistic Pty Ltd
This guarantee shall not in any way be affected by the following:
Any variation of this Agreement with or without the consent or knowledge of the Guarantor;
Any breach of the obligations of the client of this Agreement with or without the consent or knowledge of the Guarantor or Bioholistic Pty Ltd;
The granting of Bioholistic Pty Ltd of any time, concession or indulgence to the client for the performance of any of the client's obligations;
The absence of any Notice to the Guarantor of the default by the client in respect of this Agreement; or
Any other circumstance or thing which but for this provision might determine or impair the operation of the Guarantee.
Failure by Bioholistic Pty Ltd to enforce any of the contract terms shall not be construed as a waiver of any of Bioholistic Pty Ltd rights here under or a waiver of continuing breach.
This contract shall be governed by and construed in accordance the laws in force in New South Wales and the purchaser submits to the jurisdictions of the courts of that state.