Terms of Trade – Sentryca® Pty Ltd

Definitions

  • The Company’ means Sentryca® Pty Ltd ACN 169 147 737, its successors, assigns and any person acting on behalf of the authority of the Company.
  • Client’ means the person/s, company or unincorporated association availing of the goods of the Company.
  • Website’ means www.relievamed.com
  • Goods’ mean any item/s for sale that are listed on the website such as Relievamed Muscle & Joint Rub, Relievamed Massage Oil etc.
  • Deposit’ means 50% of the total price on the issued invoice for the Goods supplied to and paid for by the client.
  • Payment Due Date’ means the date shown on the Company’s invoice as the due date for payment of goods.
  • Quotation’ means the quoted price provided to the client. The quotation is subject to change based on an agreement with the Company. Neither the Company nor the Client is bound to this agreement as a contract until you consent to the terms and conditions, pay the required security deposit specified in the quotation and we confirm your order.
  • Agreement’ means the terms agreed and accepted between the Company and the Client.

 

  1. Acceptance

2.1       Any instructions received from the Client by the Company for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Company shall constitute acceptance of the terms and conditions contained herein.

2.2       The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client’s order is confirmed by the Company.

2.2       These terms and conditions may only be amended with the Company’s consent in writing and it shall prevail to the extent of any inconsistency with any other document on an agreement between the Client and the Company.

2.3       These terms and conditions are meant to be read in conjunctions with the Terms and Conditions posted on the www.relievamed.com website. If there are any inconsistencies between the two documents, then the terms and conditions contained in this document shall prevail.

 

  1. Electronic Transactions Act 2000

3.1       Electronic signatures shall be deemed to be accepted by either party provided that it complies with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3.2       Electronic communication in the form of email is an accepted form of written communication for this agreement.

 

  1. Change in Control

The Client shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact telephone or fax number/s, or business practice). The Client shall be liable for any loss incurred by the Company as a result of the Client’s failure to comply with this clause.

 

  1. Price

5.1       The Company’s sole discretion and Price shall be either:

5.1.1    As indicated on invoices provided by the Company to the Client in respect of Goods availed; or

5.1.2    The Company’s quoted Price (subject to Definition clause) which shall be binding upon the Company provided that the Client shall accept the Company’s quotations in writing within seven (7) days from the quotation date.

5.2       The Company reserves the right to change the Price:

5.2.1    if a variation to the goods which are to be supplied is requested; or

5.2.2    in the event of an increase in the cost of a third-party provider or any other related matters in connection with the Goods which are beyond the Company’s control.

5.3       At the Company’s sole discretion, the deposit paid will not be refundable in the event that the Goods have already been shipped to the Client.

5.4       Time for payment for the Goods being of the essence, the price will be payable by the Client on the date/s determined by the Company, which may be:
5.4.1    The date specified on any invoice or other forms as being the date for payment; or

5.4.2    Failing any notice to the contrary, the date which is fourteen (14) days following the date of any invoice given to the Client by the Company.

5.5       Payment may be made by direct deposit, credit card or PayPal.

  • Receipt by the Company of any form of payment shall not be deemed to be payment until it has been honoured, cleared or recognised.
  • Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Company an amount equal to any GST. The Client must pay for any supply by the Company under this or any other agreement for the Goods provided. The Client must pay GST, without deduction or set off any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

  1. Payment of Deposit

 If a deposit is required, the Client agrees to pay the deposit before any goods are delivered or acquired. The deposit will form part of the total price of the goods provided.

 

  1. Delivery of Goods

7.1        At the sole discretion of the Company, delivery of the Goods shall be considered to have taken place when the goods are delivered to the client by the Contractor.

7.2       Failure by the Contractor to deliver shall not entitle either party to treat this contract as repudiated.

7.3       The Company shall not be liable for any loss or damage whatsoever due to failure by the Contractor to deliver the Goods (or any of them) promptly or at all were due to circumstances beyond the control of the Company or the Contractor.

 

  1. Refunds

The Company agrees to refund the payment made by the Client once goods have been received (i) if the Client is an individual and purchased the Goods for their personal use, the Client has advised the Company within forty-eight (48) hours of receipt and with the discretion of the Company after thoroughly evaluating the circumstances of the Client; (ii) if the Client is a retailer and purchased the Goods for the purpose of reselling the products, the Client has to advise the Company within five (5) days and with the discretion of the Company after thoroughly evaluating the circumstances of the Client.

 

  1. Security and Charge

The Client indemnifies the Company from and against all the Company’s costs and disbursement including legal costs on a solicitor and own client basis incurred in exercising the Company’s rights under this clause.

 

  1. Default and Consequences of Default

10.1     Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

10.2     If the Client owes the Company any money the Client shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company’s contract default fee, and bank dishonour fees).

10.3     Further to any rights or remedies the Company may have, if at any time under this contract, if a Client has made payment to the Company by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Company under this clause 10 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.

10.4     Without prejudice to any other remedies the Company may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Company may suspend or terminate supplying Goods to the Client. The Company will not be liable to the Client for any loss or damages the Client suffers because the Company has exercised its rights under this clause.

10.5     Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel the delivery of the Goods to the Client which remains unfulfilled and all amounts owing to the Company shall, whether or not due payment become immediately payable if:

  • any money payable to the Company becomes overdue, or in the Company’s opinion the Client will be unable to make a payment when it falls due;
  • any Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in request of the Client or any asset of the Client.

 

  1. Cancellation

11.1     The Company may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Company shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to the Company for Goods already delivered. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.

11.2     In the event that the Client cancels the delivery of Goods, the Client shall be liable for any loss incurred (whether direct or indirect) by the Company as a direct result of cancellation (including, but not limited to, any loss of profits).

 

  1. Privacy Act 1988

12.1     The Client agrees for the Company to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by the Company.

12.2     The Client agrees that the Company may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange the information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client’s repayment history in the preceding two years

12.3     The Client consents to the Company being given a consumer credit report to collect overdue payment to commercial credit.

12.4     The Client agrees that personal credit information provided may be used and retained by the Company for the following purposes (and for other agreed purposes or required by):
(a) the provisions of Goods; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relations to the Goods.

12.5     The Company may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

12.6     The Company may give information about the Client to a CRB for the following purposes:
The information given to the CRB may include:
(a) personal information as outlined in 12.1 above;
(b) name of the credit provider and that the Company is a current credit provider;
(c) whether a credit provider is licensee;
(d) type of consumer credit;
(e)  details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f)  advice of consumer credit defaults, overdue accounts, loan repayment or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request or payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and the Company has been paid or otherwise discharged and all surrounding that discharge (e.g. dates of payment);
(g)  information that, in the opinion of the Company, the Client has committed a serious infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

12.7     The Client shall have the right to request from the Company;
(a) a copy of the information about the Client retained by the Company and the right to request that the Company correct any incorrect information about the Client retained by the Company and the right to request that the Company correct any incorrect information; and
(b) that the Company does not disclose any personal information about the Client for the purpose of direct marketing.

12.8     The Company will destroy personal information upon the Client’s request or if it is no longer required to be maintained and/or stored in accordance with the law.

12.9     The Client can make a privacy complaint by contacting the Company. The Company will respond to that complaint within seven (7) days of receipt and will take all responsible steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at oaic.gov.au.

 

  1. General

13.1     The failure by the Company to enforce any provisions of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provisions of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

13.2     These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which the Company has its principal place of business and are subject to the jurisdiction of the courts in that state.

13.3     The Company shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out a breach by the Company of these terms and conditions (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

13.4     The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.

13.5     The Company may license or sub-contract of any of its rights and obligations without the Client’s consent.

13.6     The Client agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date which the Company notifies that Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for the Company to provide any Goods to the client.

13.7     Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other events beyond the reasonable control of either party.

13.8     The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

13.9     We make no warranties that items are fit for purpose.

13.10   We are not liable for any injury, death or other damage that arises from the use of our Goods.

13.11   If any term in this agreement is found to be legally void, invalid or unenforceable this does not void the remaining terms of the agreement.

13.12   Any disagreement is to be attempted to be resolved by mediation at the Client’s expense prior to legal proceedings being commenced.

 

  1. Limitation of Liability

14.1     The Client hereby disclaim any right to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by the Company and the Client acknowledges that the Goods were availed relying solely upon the Client’s skill and judgment.

14.2     Insofar as the Client, notwithstanding provisions of this clause, may have any claim for damages against the Company, its servants or agents either on contract or in tort and whether arising from negligence or otherwise (it being the intention of this clause that no such damages may be recovered) the same shall be limited to an amount of Goods actually paid by the Client in respect of that portion of the particular Goods which gave rise to such claim.