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Terms & Conditions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Priority Health Pty Ltd
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "http://www.priorityhealth.com.au/"
Agreement to be bound by Terms
It is a condition of use of this site that Users agree to these Terms and Conditions.
By registering to use this site Users agree to be bound by these Terms and Conditions.
The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form. It is a breach of this User agreement and also a misrepresentation with both potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose.
The Owner reserves the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used.
From time to time information that would normally be available through the site (including supplier's catalogs) may not be able to be accessed online because of technical or other problems. The Owner, and the Service Provider expressly excludes liability to any User of this site in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Owner or the Service Provider.
Privacy and Storage of your personal information
It is necessary for the Owner to capture information about you in order to provide the services offered through this website. The use of the information and your rights in respect of it is set out in the Privacy Statement on this Website.
Whilst all effort is made to keep pricing on this website up to date it is possible at times it may be out of date. As such prices on this website should only be considered as an "invitation to treat" rather than as an offer to provide these products at these prices. Your order and payment of goods will be deemed to be an offer and acceptance only happens when we accept the order. The website automatically sends you an order confirmation email. This email merely acknowledges that we have received your order but does not commit us to supply at the prices contained in the offer. Actual freight costs may vary from indicated prices, we may contact you by phone or email to finalise actual freight charges in some circumstances. Acceptance of your offer will be communicated manually.
The User agrees to indemnify the Owner and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User.
Material on this site is all the copyright of the Owner or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.
Credit Card transactions are processed in Australian Dollars using:
- payment pages which comply with the Industry standard and use TSL 1.0 (SSL 3.0)
- a 128-bit SSL encryption
- secure SSL tunnel to connect to the payment gateway
- All goods and services supplied by Priority Health Pty Ltd will be paid in full within the time period specified by the credit terms approved by Priority Health Pty Ltd.
- RETENTION OF TITLE: Until ALL INVOICES are paid in full, and ALL MONIES receipted and cleared, ownership of the goods remain with Priority Health Pty Ltd, but the risk passes to the Customer on delivery. Delivery shall occur if Priority Health Pty Ltd or its Agent delivers, on delivery, and/or if the Customer or its Agent(s) takes delivery, at that point of delivery. Until Priority Health Pty Ltd is paid in full, the relationship of the Customer to Priority Health Pty Ltd shall be fiduciary in respect of the goods and the customer shall hold the goods as bailee only for Priority Health Pty Ltd. Until such time as they are paid, the Customer shall insure Priority Health Pty Ltd's goods against damage, fire, theft or loss of any form. Should the goods be on-sold to a third party before payment, or in the event of the Appointment of an Administrator, Controller, Managing Controller, Receiver or Receiver Manager, or entry into an Informal/Formal Deed of Arrangement under Bankruptcy Act of 1966 by the Customer, then the Customer hereby assigns to Priority Health Pty Ltd its right of recovery of payment from the third party. The money(ies) resulting from the sale of goods are to be specifically earmarked and placed in a separate account on trust for Priority Health Pty Ltd, until payment in full is made to Priority Health Pty Ltd for the cost of the goods only, to guarantee clear passage of ownership to the third party innocent purchaser. In the event the Customer is in default of the agreed trading terms, then the Customer without reservation grants right of entry to any or all properties under the Customer's control, where the goods are reasonably expected to be stored. The Customer indemnifies and save harmless Priority Health Pty Ltd, its servants or agents in relation to loss or damage as a result of the retaking of possession of the said goods. Further in the event Priority Health Pty Ltd exercises its right of retaking possession of the said goods, the Customer grants power of sale to Priority Health Pty Ltd to resell the said goods and the Customer acknowledges that any shortfall owing after the said goods are resold will be the responsibility of the Customer.
- Any recommended price list published by Priority Health Pty Ltd is subject to change without notice and does not constitute an offer to sell or supply. Priority Health Pty Ltd reserves the right to supply any order or orders in part or full. All accepted orders will be invoiced at prices current at date of supply.
- Priority Health Pty Ltd's maximum liability is limited to the net invoice value of each item under any claim. Without limiting the meaning of this clause, Priority Health Pty Ltd shall not be liable for any claims, loss, expense whatsoever, how so ever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further Priority Health Pty Ltd shall not be responsible directly or indirectly for any consequential loss or maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.
- No claims will be admitted by reason of financial or consequential loss sustained by the Customer or their Customers.
- No claims will be admitted after products supplied have been cut, processed/mixed, marked or otherwise made less saleable.
- Priority Health Pty Ltd reserves the right to replace goods, which, in its opinion, are defective. If Priority Health Pty Ltd is of the opinion the goods cannot conveniently be replaced it may instead credit the Customer with the price actually payable.
- Priority Health Pty Ltd may withdraw credit facilities to the Customer at any time without notice. Without limiting Priority Health Pty Ltd's rights to withdraw credit, Priority Health Pty Ltd will reserve the right at all times to suspend the supply of further goods or services to the Customer without having to give reasons for its actions to the Customer or its agent.
- If any condition of agreement or its application to a person/business or circumstances is unenforceable, the remaining conditions shall not be effected and each other condition of this agreement shall be enforceable.
- I/we agree that Priority Health Pty Ltd may give to and seek from any credit providers named in this credit application/agreement and any credit providers that may be named in a credit report issued by a credit reporting agency information about my/our credit arrangements. I/we understand that this information can include any information about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act 1988.
- Credit facilities granted to a specific Customer on the basis of information provided in this application/agreement are not transferable to any other individual or entity, including change of ownership of the Customer, without written approval and knowledge Priority Health Pty Ltd.
- Priority Health Pty Ltd shall be entitled at any time to assign its rights under this Commercial Credit application to its successors, nominated transferees or assigns (including but not limited to, where applicable personal guarantees), and that these Trading Terms and Conditions shall not be in any way affected or discharged pursuant to such an assignment.
- Caveatable Interest Clause: In the event of Default of the agreed trading terms by the Customer, then the Customer by its Director(s)/Proprietor(s)/Partners/Individual(s), nominated in this application hereby charge all their Right, Title of Interest (if any) to any or all property(ies) owned/partly owned, acquired in the future, solely or jointly by the said Customer/Director(s))/Proprietor(s)/Partners/Individual(s) of this application in favour of Priority Health Pty Ltd, to better secure all monies owed to Priority Health Pty Ltd as of the date of the default, with the due and punctual observance and performance of all of the obligations of the Customer. Such Customer acknowledges that Priority Health Pty Ltd may at its discretion, register a caveat on such property in respect of the interest conferred on it under this clause. In the event that Priority Health Pty Ltd is required to exercise its right under this clause, against the Customer, then the Customer grants Priority Health Pty Ltd the right to appoint a Receiver and sell the property(ies).
- The Customer hereby agrees & acknowledges that at the absolute discretion of Priority Health Pty Ltd, an account keeping fee of 2% per month will be levied on any or all amounts in default of the agreed trading terms.
- The Customer further agrees to indemnify Priority Health Pty Ltd for any legal costs incurred by Priority Health Pty Ltd (including but not limited to charges & commission charged by mercantile agents) in respect of this application, agreements, personal guarantees, securities given or other documentation required whilst credit is being offered in consequence of this application, and the Customer further agrees to indemnify Priority Health Pty Ltd for any dishonoured cheque fees incurred and in the event that the Customer's account is in default of the agreed trading terms to indemnify Priority Health Pty Ltd against its collection fees & legal costs.
- Priority Health Pty Ltd reserves the right to amend these trading terms provided such amendments are conveyed to the Customer in writing. The Customer further acknowledges that such writing will be by ordinary mail to the address set out in the Commercial Credit Application, unless the Customer advises in writing to Priority Health Pty Ltd a new address, and this new address is acknowledged by return in writing by Priority Health Pty Ltd.
- SETTLEMENT DISCOUNT. Where settlement discount applies, no settlement discount will be approved unless all account money(ies) is/are paid within the agreed trading terms.
- INSURANCE. NO INSURANCE IS PROVIDED BY PRIORITY HEALTH PTY LTD. The Customer acknowledges that insurance of all goods are the responsibility of the Customer at point of delivery.
- JURISDICTION. The Customer acknowledges that the Laws of the State of the South Australia shall govern this contract, and the Customer hereby agrees to submit to the non-exclusive jurisdiction of the Courts of South Australia.
Conditions of Sale
- These conditions shall apply to all orders for goods or services placed by the Customer with Priority Health Pty Ltd to the exclusion of all other Terms or Conditions. If the Terms of the Purchaser's order are inconsistent with these Conditions then the taking delivery Priority Health Pty Ltd's goods or acceptance of Priority Health Pty Ltd's services shall be deemed to be acceptance of the foregoing conditions.
- Every effort will be made to effect deliveries to the Customer on time, failure to do so due to circumstances outside Priority Health Pty Ltd's reasonable control including but not limited to strikes, lockouts, raw material shortages, accidents or breakdowns of plant or machinery, will extend the date for delivery (if any). The date for delivery is an estimate only and Priority Health Pty Ltd shall be under no liability for any loss or damage howsoever arising if the goods are not delivered by that date.
- Where Priority Health Pty Ltd arranges freight to the Customer's premises Priority Health Pty Ltd is responsible for ensuring the goods arrive in sound saleable condition.
- Orders of less than $250.00 cannot be accepted.
- Customers beyond Inner Metropolitan Adelaide need to organise their own freight carriers, unless prior arrangements have been approved by Priority Health Pty Ltd.
- Where the Customer arranges freight to its premises the Customer assumes total responsibility for the goods involved when its nominated Agent/Carrier signs the relevant paperwork for pickup.
- Once the Customer or its appointed Agent/Carrier has signed for receipt of the goods the Customer is responsible to pay for the goods.
- Claims for short delivery or damaged goods can only be recognised when notification is received within 24 hours of the Customers receipt of the goods, or 7 days from our dispatch date, whichever is the least.
- Priority Health Pty Ltd will not be bound to consider claims beyond 14 days of receipt of goods.
- Claims for goods will not be considered if goods are not stored as per manufacturers storage requirements. All goods, including bulk foods, must be stored and displayed in a cool, dry place away from direct sunlight. Precautions must be taken to prevent infestation from insects and contamination from foreign matter.
- Goods to returned for credit will only be accepted if prior approval and arrangements have been made with Priority Health Pty Ltd.
- In the event the Customer elects to return goods or cancel goods on order, Priority Health Pty Ltd at its absolute discretion reserves the right to charge a 20% handling fee on the amount involved. Further no return of goods will be accepted, without prior approval of Priority Health Pty Ltd in writing.
- All goods returned must be in original condition and packaging and complete in every detail.
- Goods specially bought in will not be accepted for return under any circumstance.
- A Customer account in arrears does not constitute a breach of contract.