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General Terms and Conditions
The www.noblehealthcare.com.au website (“this website”) is owned and operated by Noble Healthcare (ABN 88 269 329 399).
The extent to which general advice is provided on this website, is limited to the particular circumstances and context in which the advice is given.
By virtue of accessing and viewing this website, you agree to be bound by these Website Terms and Conditions.
Access to this website is subject to these Terms and Conditions, as well as Noble Healthcare’s standard disclaimers and acknowledgements, copyright and intellectual property rights, Terms and Conditions of Trade, or other statements contained on this website (referred to collectively as “Terms of Use”). By accessing, viewing or otherwise using this website, you agree to be bound by these Terms of Use.
Noble Healthcare reserves the right at its sole discretion, to vary or modify these Terms of Use without notice. Any subsequent accessing or viewing this website will constitute acceptance of all such amendments.
Where Noble Healthcare is required to provide you with a document, by law or otherwise, you consent to the provision of that document electronically through the links on this website. We suggest that you copy the document, or file it electronically for future reference.
Australian users only
Unless otherwise expressly stated, products and services referred to on this website are available only in Australia.
Disclosure documents and literature
Noble Healthcare currently offers the standard products and services listed on this website, and identified in the disclosure documents and literature. Users should consider these disclosure documents and literature in deciding whether to specify or acquire any particular product or service, by accessing the appropriate link and printing.
Important disclaimers
All information contained on this website is given in good faith, and has been derived from sources believed to be accurate. However the information is strictly general and selective, and may therefore not be complete or accurate for your specific purpose or application. Noble Healthcare makes no representation or warranty of any kind as to the accuracy or completeness of the information, which should not be considered as a comprehensive statement on any matter, nor relied upon as such.
Neither Noble Healthcare nor any of its directors, employees and associates guarantee the security of this website, nor give any warranty of reliability or accuracy, nor accept any responsibility arising in any other way, including by reason of negligence for errors in or omissions from the information on this website. Noble Healthcare moreover does not accept any liability for any loss or damage however caused, as a result of any person relying on any information on the website, or being unable to access this website.
The information on this website is based on current Australian standards and laws, regulations and codes and their particular interpretations.
Copyright
This website and its entire contents are copyright of Noble Healthcare – © Noble Healthcare 2015- and all rights are reserved.
Storage in any electronic database, reproduction or adaptation of this website is prohibited whether in whole or part by any person or party. The information may not be divulged or used in any form or by any means, for any purpose other than that stated by Noble Healthcare. Such illicit use constitutes a breach of © copyright and may result in legal action, except as permitted under the Copyright Act in Australia, or with express prior written consent by Noble Healthcare.
Terms and conditions of trade
The supply of all products and systems or provision of associated services, are strictly subject to Noble Healthcare Terms and Conditions of Trade, which is available on request. Not all standard products and systems listed on this website are available ex stock. Lead times on manufactured equipment may vary, and are subject to confirmation at time of ordering.
Product disclaimer
All product specifications and technical descriptions, recommendations and other information provided on this website are given as general guidance and advice and are to be viewed in conjunction with Noble Healthcare installation instructions and any other data available and applicable to each particular standard product or system.
Use of such data is however the User’s sole responsibility, taking into account the intended application and actual conditions existing on the particular worksite. Consequent selection of the right product for any particular use remains the User’s ultimate responsibility.
Noble Healthcare is therefore not obligated or liable for any direct or indirect, incidental or consequential damages, losses or expenses in connection with, or by reason of the suitability and use of or otherwise, any product or system for any purpose. Implied warranties of merchantability, or fitness for any particular purpose, are specifically excluded.
Noble Healthcare maintains a policy of continuous improvement and development, and therefore reserves the right to modify, amend or otherwise alter product and system designs and specifications, models and part numbers, colours and pricing etc. without prior notice. Errors and omissions are accepted, and Noble Healthcare accepts no liability for incorrect information, errors or omissions.
Acknowledgements
Some proprietary product images, illustrations and information incorporated on this website may be provided courtesy of contributing manufacturers. Relevant proprietary product specifications and technical descriptions, claims and trademarks, are those of the manufacturers and remain their intellectual property
Prices
All prices contained in the Quotation and/or Order will be exclusive of GST, unless GST is not applicable. All prices are in Australian dollars and subject to alteration without notice. All invoices are in Australian dollars and must be settled in Australian dollars
Payment and credit terms
Unless otherwise agreed in writing, the payment due date is strictly thirty, (30) days from the end of the month in which the Goods are purchased.
Online purchases from non-account holders are to be paid before goods will be sent.
Accounts with overdue balances will automatically have credit withdrawn until all outstanding balances are cleared. Noble Healthcare reserves the right to charge interest at the rate of 2% on all overdue balances calculated on a daily basis from the due date until such amount is paid.
If the Customer defaults in payment of any invoice when due, the Customer will indemnify Noble Healthcare from and against all Noble Healthcare costs and disbursements including a solicitor and own client basis and in addition to Noble Healthcare nominee’s costs of collection.
Noble Healthcare shall be entitled to retain the goods until the price and any other applicable default or storage charges have been paid in full.
Delivery of Goods and Risk
Delivery of the Goods shall be made to the Customer’s nominated address. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The failure of Noble Healthcare to deliver will not entitle the Customer to treat this Contract as cancelled.
Noble Healthcare will not be liable for any loss or damage whatever due to failure Noble Healthcare to deliver the Goods (or any part of them) promptly or at all.
All Risk in the Goods (including responsibility for insurance) passes to the Customer upon delivery of the Goods to the address requested by the Customer.
Notwithstanding that the Goods are in whole or in part at the risk of the Customer, the property in and legal title to the Goods remains with Noble Healthcare until they and all other Goods previously supplied by Noble Healthcare to the Customer, whether under this or any other order for Goods from the Customer, have been paid for in full by the Customer.
Delivery will be free in store (FIS) Australia wide only where stated. However, the Customer will be liable for delivery charges if a delivery date is required outside of usual delivery times.
All Goods remain the property of Noble Healthcare until the Customer has paid for the Goods in full. If payment is made by cheque, payment will not be deemed to have been made until the cheque has been honoured.
If the Goods are on-sold by the Customer before payment to Noble Healthcare, the proceeds of sale will become property of Noble Healthcare.
If the Goods are not paid for pursuant to clause 4, Noble Healthcare may give notice in writing to the Customer to return the Goods or any part of them to Noble Healthcare.
Noble Healthcare may enter the Customer’s premises without notice at any time and take possession of the Goods and without being responsible for any damage thereby caused if:
The Customer does not pay for the Goods under clause 4;
The Customer fails to return the Goods upon demand;
A trustee in bankruptcy. Administrator, or receiver and manager is appointed over the Customer;
Winding-up proceedings in relation to the Customer are commencing; or
The Customer becomes bankrupt.
Claims
The Customer will inspect the Goods on delivery and will within seven (7) days of delivery notify Noble Healthcare in writing of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the Order or Quotation.
The Customer will afford Noble Healthcare the opportunity to inspect the Goods within a reasonable time of delivery if the Customer believed the Goods are defective in any way. If the Customer fails to comply with these provisions, the Goods will be deemed to be free from any defect or damage and payment will be owing under this Contract.
If Noble Healthcare agrees in writing that the Customer is entitled to reject the Goods because they are defective:
The Goods must have a corresponding invoice number quoted;
Freight charges incurred for the return of the Goods being returned is at the expense of the Customer, unless otherwise agreed; and
Noble Healthcare’s liability is limited to either replacing or repairing the Goods at its discretion.
Noble Healthcare does not warrant that the Goods are fit for any particular purpose or an intended use by the Customer.
Limitation of Liability
Subject to clause 8(b), Noble Healthcare will have no liability whatsoever for any direct or indirect losses, expenses, damages and costs incurred by the Customer caused by any breach by Noble Healthcare of this Contract or any negligent act or omission.
The liability of Noble Healthcare to the Customer in the event of any breach of this Contract or other cause of action will not exceed the prices of the Goods.
It is the responsibility of the Customer to ensure the products will be suitable for the application proposed.
Each provision of these Terms of Sale which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is separate and independent.
Fitness for purpose
The Purchaser agrees that it does not rely on the skill and judgment of Noble Healthcare in relation to the suitability of any of the Goods for a particular purpose or application for which the Goods are required by the Purchaser and Noble Healthcare is under no liability whatsoever if such Goods are not suitable and fit.
Privacy Act of 1998
The Customer agrees for Noble Healthcare to obtain from a credit-reporting agency and the trade referees a credit report containing personal credit information about the Customer and any additional information required by Noble Healthcare.
Noble Healthcare may exchange information about the Customer with those trade referees name in the application form for a trading account or named in a consumer credit report issued by reporting agency to:
Assess the Customer’s application;
Notify other credit providers of a default by the Customer;
Exchange other information with other credit providers as to the status of the trading account, if the Customer is in default with other credit providers; and
Assess the credit worthiness of the Customer.
General
If any provision of these terms and conditions becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provisions, which will continue to have full force and effect.
These terms and conditions are governed by the laws of Australia and each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of Australia.
Noble Healthcare may terminate or vary this Contract or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. Noble Healthcare will not be liable for any loss or damage whatever arising from termination or cancellations.
Personal Property Security Act
The Customer agrees, at the request of Noble Healthcare, to enter into a Security Agreement with Noble Healthcare to grant in favour of Noble Healthcare a Security Interest in all the Customer’s present and after acquired property relating to the Goods.
The Customer acknowledges and agrees that it shall, within 14 days of request from Noble Healthcare, do all things and sign all documents as required by Noble Healthcare to register, confirm or validate the Security Interest created over the Customer’s assets by any Security Agreement
Noble Healthcare may exercise its rights under the Security Agreement any time after the Customer fails to comply with this Agreement, without Noble Healthcare first having to take any action or enforce any of its other rights against the Customer.
The Customer will be entitled to a release of the Security Agreement when all its obligations under this Agreement have been satisfied.
The Customer shall not without Noble Healthcare’s prior written consent, which will not be unreasonably withheld, do any of the following:
Acquire any asset which is, or upon acquisition, will be subject to a Security Interest which is not a Permitted Security Interest; or
Give any person other than Noble Healthcare control or possession of the Goods (other than under a Permitted Security Interest).
The Customer agrees that it will promptly take such action as Noble Healthcare may require (including providing information or signing documents) to ensure that any Security interest granted in favour of Noble Healthcare attaches to the secured property and to enable Noble Healthcare to perfect any such Security Interest or otherwise exercise any rights that it may have under the PPS Law in relation to the secured property.
The Customer acknowledges and agrees that, from the registration commencement time under the PPSA: it shall not cause or permit any person to take a Security Interest over, or to register a financing statement in relation to, any secured property without the prior written consent of Noble Healthcare and will immediately notify Noble Healthcare if it becomes aware of any person taking steps to register a financing statement in relation to such secured property;
It has no rights under, or by reference to, sections 125, 142 and 143 of the PPSA if it defaults and Noble Healthcare takes enforcement action under this Agreement in respect of the secured property;
It waives its rights to:
Receive any notice under sections 95, 130 and 135 of the PPSA in relation to the enforcement of any Security Interest over the secured property;
Receive a statement of account under section 132(3)(d) and 132(4) of the PPSA if Noble Healthcare disposes of any of the secured property following repossession of that secured property; and
Receive a copy of, or notice of, any verification statement confirming registration of a financing statement or a financing change statement relating to any Security Interest under, or provided for by, this Agreement.
Except if section 275(7) of the PPSA applies, each party to this Agreement agrees not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available.
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