Conditions of Sale

1. The Customer accepts each and all of conditions of sale appearing herein.
2. The order as shown on the confirmation of order shall not be cancelled without the company's written consent.
3. Bonn-meditek Pty Ltd ('the company') warrants all new equipment sold to be free from defective parts or workmanship (excluding consumables) for a period of twelve months from the date of supply of the goods. This warranty is limited to the repair and/or replacement of any parts proved faulty and the decision to repair and/or replace will be solely at the discretion of the Company. Such works will be carried out at the premises of the Company on receipt of same from the customer freight prepaid.
4. The warranty does not extend to bind or obligate the Company to pay any consequential damage or expenditure caused as a result of any in the goods save as set out in this clause.
5. The terms set out in the Confirmation of Order contain all of the conditions of the sale of the goods and no warranty condition, description or representation on the part of the Company (whether express or implied) other than those expressly set out in the Confirmation of Order, form part of the contract of sale of the goods. Any statutory or other warranty condition, description or representation express or implied as to the state quality or fitness of the goods is expressly excluded to the extent permissible at law
6. The Customer shall inspect the goods immediately upon delivery of those goods to the Customer and the Customer shall within (7) days of such inspection give notice to the Company of any matter or thing by reason whereof the Customer may allege that the goods are not in accordance with the goods as described in the Confirmation of Order. If the Customer does not give such notice within the seven (7) days the goods delivered shall be deemed to be in all respects in accordance with the Confirmation of Order and the Customer shall be bound to accept and pay for the same including GST.
7. Subject to any contrary term as to payment appearing on the front of the Confirmation of Order, payment for all goods will be made by the Customer to the Company within thirty (30) days from the date of invoice. Notwithstanding any refusal of acceptance or denial of due delivery, the goods shall be deemed to have been delivered to the Customer on the date upon which the Customer is notified the goods are ready for delivery to the Customer.
8. Interest at a rate equal to the overdraft rate charged by the Company's bank for unsecured overdrafts as at the date of default will be paid by the Customer to the Company on any amounts not paid by the due date. Such interest will be payable on the amount in default from the time to time and will accrue from the date of default until payment of the whole of the amount due.
9. The Customer may nominate a financial institution as alternate purchaser of the goods in which event the following shall apply:

• If payment in full for the goods is not made to the Company in accordance with condition 6, the Customer shall be responsible for payment of the price of the goods and any interest thereon and will indemnify the Company for such amounts and any other loss or damages sustained by the Company as a result of such default in payment.
• If the goods are delivered by the Company to or at the direction of the Customer, the goods shall be deemed to have been delivered by the Company to the Customer.
• The risk in respect of the goods shall pass to the Customer upon delivery of the goods to the Customer but, until the goods are paid for in full, ownership shall remain with the Company and the Customer shall hold the goods as bailee for the Company. The Customer is not permitted to dispose of the goods until they are paid for in full (together with any interest owing in respect of late payment) without the specific consent in writing of the Company and in the event the Company consents to the disposal of the goods, the moneys resulting from the sale are to be specifically earmarked and placed into a separate account until payment in full to the Company.
• Without prejudice to any of the rights of the Company under these Conditions of Sale or otherwise under law, if the Customer defaults in payment of any amount (or interest payable thereon) pursuant to these Conditions of Sale or commits an act of bankruptcy (if an natural person) or a receiver and/or manager is appointed or the Customer goes into liquidation (being a company), the Company may (at it's option) retake possession of the goods for which the Customer has not paid. In the event the Company retakes possession of the goods, the Company may, without prejudice to any other rights, resell the goods and recover from the Customer damages including the difference between the sale price to the Customer and the resale price.
• The Contract for the supply of the goods by the Company to the Customer will be subject to and governed by the law of the State of Victoria and any proceedings taken in respect of the Contract shall be instituted and prosecuted in the Courts of the State of Victoria.