1.Agreement Between the Seller and Buyer
The Seller offers to sell the Products to the Buyer. The Buyer will be deemed to have accepted the offer when the Buyer either accepts delivery of the Products or pays the Invoice, whichever first occurs, and upon such acceptance the resulting Contract will replace and supersede any prior agreement concerning the sale of the Products.
2. Buyer’s Warranty
The Buyer warrants that (a) The Buyer is either a Medical Healthcare Practitioner who is legally qualified to use the products or
an entity controlled by such a person; and (b) The Buyer will not supply the Products to any person other than a patient who is treated with the Products.
3. Buyer’s Acknowledgments and Obligations
The Buyer acknowledges that (a) The Seller sells goods, not advice; (b) The Buyer is satisfied as to the suitability of the Products for their intended use; (c) The Buyer has had the opportunity of examining product information and instructions supplied by the manufacturer of the Products, including the material supplied by the Seller (which is supplied in good faith and in the belief that it is accurate) and the material available on the manufacturer’s website; and (d) The Buyer must strictly adhere to all the manufacturer’s instructions for use of the Products. Schedule 4 Filler Products cannot be returned at any time. All other Products may be returned for credit provided (a) Stock is fit for resale, not damaged in any way, including packaging and (b) Stock is not within 12 months of the expiry date
A handling fee of 20% will apply. Return freight is at Buyers expense
4. Buyer’s Obligation to Obtain Patient’s Informed Consent (Where Applicable)
The Buyer must obtain from any patient who is treated with the Products the patient’s informed consent to such treatment.
5. Buyer’s Record-Keeping Obligations
The Products are registered under the Therapeutic Goods Act and Regulations. Accordingly, the Buyer
must (a) Keep records of the Buyer’s storage and use of the Products which are sufficient to satisfy the requirements of the authorities administering that legislation; (b) Keep sufficient records to enable each patient treated with the Products to be identified and located; and (c) Notify the Seller of the details of any event which indicates that the Products may not have performed as expected.
6. Buyer’s Indemnity
The Buyer must indemnify the Seller and hold the Seller harmless from any losses, damages or amounts payable by the Seller arising from or in respect of any breach of this Contract by, or the negligence of, the Buyer, its servants, or agents who shall include (where the Buyer is an entity and not a medical practitioner who is legally qualified to practise plastic surgery) the person or persons in control of the Buyer.
7. Deliveries
Delivery times are not essential. Delivery may be made within a reasonable time after the nominated time.
8. Price and Payment
Online Shop: It is an essential condition of this Contract that the Buyer pays for the Products purchased online before shipping.
In event Buyer has a 30-day account please email your order to info@mondeal.com.au for processing. Payment is required in full within 30 days of the date of the Invoice.
9. Retention of Title and Risk
Property in the Products remains vested in the Seller until payment of the price, notwithstanding delivery of the Products to the Buyer. The risk in the Products shall pass to the Buyer on delivery and the Buyer shall thereafter be responsible for any loss or damage to the Products.
10. Exclusion of Liability
The Seller shall not under any circumstances be liable to the Buyer or responsible in any way (a) For any amount payable by the Buyer to the patients treated with the Products, whether by way of damages or otherwise; or (b) For any loss of income or loss of profits suffered by the Buyer;
regardless of whether or not such amounts become payable or losses a rise from a breach of this Contract by, or negligence attributable to, the Seller.
11. Limitation of Liability
Any liability of the Seller to the Buyer, whether or not such liability arises from or involves negligence attributable to the Seller, for debt and/or damages, in respect of any claim arising out of or in connection with this contract, any dealings between the parties, or any relationship between the parties, other than liability which is excluded by this Contract, shall not in any event exceed the price of the Products, or $2,000, whichever is the greater.
12. Interpretation
(a) In this Contract, “the Products” means the goods identified on the front of this Delivery Docket. (b) This Contract shall be governed by the laws of the State of New South Wales and the parties agree to submit to the jurisdiction of the Courts of that State to the exclusion of Courts of other States. (c) A reference in this Contract to a legislative provision includes a reference to any provision amending or replacing that provision. (d) Failure by the Seller to insist upon strict performance of any term of this Contract shall not be deemed a waiver thereof or of any rights, the Seller may have and no variation of this Contract shall be effective unless it is in writing.
