CSHE Australia Pty Ltd

1. Definitions
   1.1    ‘CSHE’ means CSHE Australia Pty Ltd (ABN 89 123 050 019) and or its employees, authorised agents and permitted assigns.
   1.2    ‘the Customer’ means the person or legal entity identified in any CSHE credit application, invoice or quotation documentation.
   1.3    ‘Products’ means and includes all products and devices sold to the Customer and services incidental to the supply of such products and or devices


2. Acceptance of Terms - These terms and conditions of sale (‘terms’) apply to all products sold by CSHE to the exclusion of any other terms stipulated by the Customer. It is acknowledged by the Customer that upon acceptance of a CSHE quotation and/or receipt of products by the Customer is deemed acceptance of these terms by the Customer.


3. Terms of Payment – Except where a credit application has been received by CSHE from the Customer and approved in writing by CSHE, payment for the products shall be made in full upon acceptance by the Customer of the CSHE quote and prior to delivery of the products. All payments are to be made in Australian dollars.


4. Delivery – CSHE will deliver the products to the address nominated by the Customer and agreed to by CSHE and the Customer shall make all arrangements necessary to take delivery of the products when they are tendered for delivery. Delivery of the products by CSHE to a carrier either upon the Customers request or at the discretion of CSHE for the purposes of transmission of the products to the Customer, is deemed to be delivery of the products to the Customer. The Customer shall reimburse CSHE for any reasonable costs associated with delivery of the products by a carrier. Delivery of the products to the nominee of the Customer is deemed to be delivery to the Customer. The Customer will pay for storage charges if the products are held by CSHE at Customer’s request pending instruction or re-scheduled delivery. Any dates quoted by CSHE for the delivery of the products are approximate only and CSHE shall not be liable for any delay in delivery of products however caused.


5. Acceptance of Products - Products are deemed to be accepted unless the Customer notifies CSHE in writing within two (2) business days of delivery, of products damage or defects. The Customer shall not be entitled to withhold payment of all or any of the payment for the products whilst any claim is investigated by CSHE. Upon the Customer notifying CSHE of any damage or defects the Customer will within a reasonable time afford CSHE an opportunity to inspect the products. Subsequent to CSHE’s inspection of the products alleged to be damaged or defective, CSHE will notify the Customer in writing whether the Customer is entitled to reject the products. In the event that CSHE agrees in writing that the Customer is entitled to reject the products, CSHE’s liability is, at its absolute discretion, limited to either replacing or repairing the products or refunding the purchase price paid for the products provided that the same are returned to CSHE within two (2) business days of receipt of CSHE’s notice to the Customer that it is entitled to reject the products. In the event that the Customer fails to comply with the above, the products shall be deemed free from any damage or defect.


6. Liability – So far as permitted by law and save as expressly provided in these terms CSHE’s total liability to the Customer in either contract or tort or otherwise, arising directly or indirectly in respect of the sale or use of the products shall not exceed the total price paid for the purchase of the products under these terms. It is expressly agreed between CSHE and the Customer that CSHE will not otherwise be liable to the Customer for any direct or indirect, incidental, special or consequential loss or damage, personal injury or loss of business or profit arising out of or in connection with the purchase, use or performance of the products and the Customer indemnifies CSHE against any penalty or liability incurred by CSHE for any breach by the Customer of these terms and against all actions, claims, demands, losses, damages, costs and expenses which CSHE may sustain or incur or for which CSHE may become liable under these terms, by reason of any act or omission or negligence by CSHE.


7. Australian Government Contracts - If the Customer’s order is placed under a contract with the Australian Government, CSHE agrees to comply with those contract provisions and regulations with which, pursuant to law, it must comply and of which the Customer has, at the time of order placement, placed CSHE on notice. In no event will Australian cost accounting standards apply. All rights in technical data and software owned or licensed by CSHE or its supplier’s are hereby reserved and deemed restricted or limited. No provision of the Customer’s contract with the government will be binding on CSHE or its supplier’s except as expressly set forth in this paragraph.


8. Product Use - Unless otherwise specifically agreed in writing by CSHE, the Customer acknowledges that products sold by CSHE are not intended for and will not be used in life support systems, human implantation, nuclear facilities or systems or any other application where products failure could lead to loss of life or catastrophic property damage. The Customer indemnifies and holds CSHE harmless from any loss, cost, or damage resulting from the Customer’s breach of the provisions of this paragraph.


9. Export Restrictions – It is expressly acknowledged by the Customer that products sold under these terms may be subject to export or resale restrictions or regulations, and the Customer acknowledges that it will fully comply with such regulations or restrictions. Any or all products may have been imported. Country of origin information is as provided to CSHE by its suppliers.


10. Prices - Prices are subject to change in response to supplier price increases, whereupon, the Customer may cancel the undelivered portion of any affected order by providing written notice to CSHE prior to the shipment thereof and within five (5) business days of its receipt of notice of the price increase.


11. Retention of Title – Ownership of the products delivered by CSHE to the Customer will only be transferred to the Customer when the Customer has paid the full purchase price for the products pursuant to these terms. On the happening of any of the following events namely,
    11.1    The Customer failing or refusing to make payment in accordance with these terms; or
    11.2    The Customers payment subsequently having been dishonoured; or
    11.3    Application is made to a Court for the Customer to be wound up or alternatively any step is taken to wind up the Customer on a voluntary basis or the Customer is placed under official management or enters into a scheme of arrangement or composition with its creditors or is subject to any insolvency or administration whatsoever or a Receiver Manager is appointed in respect of any of the Customers undertakings, property or assets;
    
    CSHE shall forthwith have the right at its election to retake or resume possession of the products to its own use and without prejudice to any other rights and remedies it may have pursuant to these terms or otherwise and the Customer gives authority for CSHE to enter the Customer’s premises for the purpose of retrieving the products.


12. Security – Upon default by the Customer under these terms the Customer charges any and all real and personal property that the Customer owns to CSHE as security for the performance by the Customer of all the Customer’s obligations under these terms and the Customer agrees and permits CSHE to lodge a caveat or other security over any such property.


13. Default - The Customer agrees to pay all legal costs, collection costs, and disbursements incurred by CSHE on an indemnity basis in respect of any action taken by CSHE relevant to any default by the Customer in making payment of any invoice or any of these terms. CSHE reserves the right to withhold all action on the Customer’s behalf or the supply of the products to the Customer if, at any time, the Customer is in breach of any obligation contained herein, including those relating to payment. CSHE will not be liable to the Customer for any loss or damage suffered as a consequence of CSHE exercising its rights pursuant to this paragraph.


14. Interest – CSHE reserves its rights to charge the Customer interest on overdue invoices which shall accrue from the date when payment becomes due. Interest shall be calculated at the rate of 2% per calendar month or part thereof


15. Warranty – Subject at all times to all or any rights the Customer may have at law, CSHE warrants to the Customer that the products will be free from defects in materials and workmanship affecting normal use for a period of one (1) year from the date of invoice (‘warranty period’). This warranty does not cover damage, failure or fault due to:
    15.1    the Customer’s failure to;
                15.1.1    perform appropriate maintenance on the product ; or
                15.1.2    follow any operating instructions or guidelines provided by CSHE or its suppliers ;
    15.2    abuse or misuse of the product ;
    15.3    repairs or modifications not authorised in writing by CSHE.
    15.4    normal wear and tear
    15.5    any other circumstance beyond the control of CSHE including but not limited to fire, flood, war or act of God.
    
    Any warranty claim by the Customer must first be accepted and authorised in writing by CSHE. If such a claim is accepted by CSHE within the warranty period then CSHE will at its absolute discretion do one of the following namely either repair the product or replace it or alternatively refund the purchase price of the product provided however that should CSHE elect to repair or replace the product the Customer will remain responsible for all shipment or freight charges.


16. Jurisdiction – These terms and all transactions hereunder are governed by the laws of the State of Queensland and CSHE and the Customer submit to the exclusive jurisdiction of the Courts of that State.


17. Miscellaneous – If any of these terms is held by any Court or other competent authority to be invalid, void or unenforceable in whole or in part, the validity of the other provisions of these terms shall not be affected . Any addition or change to these terms must be specifically agreed to in writing by a duly authorised officer of CSHE before becoming binding on CSHE. CSHE may alter these terms at any time by giving reasonable notice to the Customer.

Clinical Skincare, Healthcare & Equipment Pty Ltd

Mail To Address:
PO Box 5734
Stafford Heights
QLD 4053

Delivery To Address:
10 Valente Close
Chermside Brisbane
QLD 4032

07 3350 6898