Parker Healthcare Pty Ltd (ABN 43 006 420 364) hereinafter known as 'Parker'.
1. Definitions
1.1. Agreement refers to these Terms and Conditions and any associated schedules or amendments agreed upon by both Parties.
1.2. Customer refers to the hospital, healthcare facility or person that purchases goods and/or provision of services from Parker.
1.3. Parties refers to the Company and the Customer together.
1.4. Party refers to either the Company or the Customer individually.
2. Scope
2.1. The sale and supply of goods and services by Parker to the Customer hereinafter known as 'Goods', are subject to these Terms and Conditions of Sale.
2.2. Any variation of these Terms and Conditions must be agreed in writing by both Parties. Parker is entitled to withdraw at any time from this agreement fully or partly by written notice without cause and without any further liability to the Customer.
2.3. Parker retains all ownership, copyright and other intellectual property rights in any drawings, technical documents, data, information or other documentation supplied to the Customer, including in electronic form. The Customer must not disclose such materials to any third party without Parker's prior written consent.
3. Orders and Returns
3.1. All orders for Goods must be submitted by the Customer to Parker in writing in the form of an official purchase order, which must include a valid purchase order number.
3.2. If the Customer believes any Goods supplied by Parker are faulty, defective, or not in accordance with the agreed specifications, the Customer must notify Parker in writing within seven (7) days of delivery, providing reasonable details of the alleged fault. Goods held for more than seven (7) days from delivery will not be accepted for return.
3.3. Returned Goods must be properly packaged and include any information reasonably requested by Parker to enable investigation of the alleged defect.
3.4. Upon receipt, Parker will assess the Goods to determine whether a fault or defect exists. If Parker determines that the Goods are faulty due to defects in materials or workmanship, Parker may, at its discretion:
3.5. If Parker determines that the Goods are not faulty, or that the defect arises from misuse, improper storage, unauthorised modification, normal wear and tear, or failure to follow instructions for use, Parker may refuse the return and may charge the Customer for inspection, handling, and return freight.
3.6. The Customer must inspect all Goods upon delivery. If the Goods supplied do not correspond with the Customer's order, the Customer must notify Parker in writing within forty-eight (48) hours of delivery.
3.7. Where Parker confirms that the incorrect Goods were supplied, Parker will arrange for the return of the Goods and may, at its discretion, provide replacement Goods or issue a credit.
3.8. Parker may, at its sole discretion, accept the return of Goods that are not faulty and were correctly supplied. Any such returns will only be accepted where the Goods:
3.9. Returns arising from a Customer ordering error may be subject to a restocking fee of 20% of the purchase price. The Customer shall also bear all costs of return freight and handling.
3.10. Parker reserves the right to refuse the return of Goods that are customised, special-order, sterile products with broken seals, or Goods with limited shelf life.
3.11. A Goods Return Number (GRN) must be requested from Parker prior to any Goods being returned. The GRN must accompany all returned Goods and all related documentation. Parker reserves the right to refuse acceptance of any returned Goods that are not accompanied by a valid GRN.
3.12. Disposable Goods are sold in box quantities.
3.13. Where Parker has supplied any goods or items at no charge on the basis of a Standing Order Arrangement (SOA) for an agreed quantity and/or duration, and the Customer subsequently cancels, terminates, or materially reduces that SOA prior to fulfilment, Parker reserves the right to invoice the Customer for such goods at Parker's standard pricing (or as otherwise agreed in writing). Any such goods shall be deemed to have been supplied on a chargeable basis upon such cancellation, termination, or reduction.
4. Pricing and Payment Terms
4.1. Prices are exclusive of GST. Any applicable GST will be calculated in accordance with law and shown as a separate line item on all quotations and invoices.
4.2. Goods purchased for delivery within Australia will be delivered Free into Store (FIS), except for furniture and orders with a value of less than $200.00, unless otherwise agreed in writing. Goods supplied for delivery outside Australia are supplied at ex-factory prices, unless otherwise agreed in writing.
4.3. Goods supplied to on-sellers and distributors are provided at ex-factory Melbourne prices.
4.4. Where delivery of Goods is to a remote or regional location, Parker reserves the right to apply an additional freight charge to reflect the increased cost of delivery. Any such charges will be advised to the Customer prior to dispatch.
4.5. All orders must meet Parker's minimum order value of $200.00. Where the value of an order is less than $200.00, Parker may apply a minimum order fee equal to the difference between the order value and $200.00.
4.6. Prices quoted verbally are indicative only and may change without notice. Prices stated in your official Parker quotation are valid for the period specified and may be adjusted to reflect changes in exchange rates, supplier costs, or import duties.
4.7. Payment must be made strictly in accordance with the terms stated on the Parker quotation or invoice.
4.8. Parker reserves the right to charge interest on overdue payments at a rate of 18% per annum, calculated from the due date until payment is made in full.
5. Risk and Title
5.1. Ownership of the Goods shall remain with Parker until payment of the full invoice price has been received. Until such time, the Customer shall hold the Goods solely as a bailee, and shall store, protect, and return them to Parker promptly upon request.
5.2. All risk in the Goods supplied ex-factory shall pass to the Customer upon the Goods leaving Parker's premises. From that time, the Customer shall be solely responsible for arranging and maintaining insurance coverage. The Customer must provide their Insurance Open Policy number on the order confirmation.
6. Delivery
6.1. Parker takes no responsibility for incorrect freight methods when freight details are not clearly advised at time of ordering and marked on the Customer's purchase order.
6.2. Where a Customer changes the requested delivery date of an order, payment for the Goods will remain due in accordance with the Customer's approved credit terms, calculated from the original dispatch date, which will be deemed the invoice date.
6.3. Where a Customer requests an extended delivery period, a pre-payment of 50% of the total order value is required.
7. Service and Repairs
7.1. Where Goods are serviced or repaired by Parker's Service Department, such work will be carried out in accordance with Original Equipment Manufacturer (OEM) guidelines and, where applicable, the relevant sections of AS/NZS 3551: Management Programs for Medical Equipment. Performance parameters will be deemed compliant at the time of testing.
7.2. Parker accepts no liability for equipment malfunction, failure, or performance degradation resulting from:
7.3. It is the Customer's responsibility to validate and fully test equipment functionality prior to clinical use.
7.4. Goods returned for servicing must be accompanied with the Service Request Form or an official Purchase Order. Any Goods received without the required documentation may not be accepted or may be subject to delays in processing.
