Jomor Terms and Conditions of Sale

General

The goods are sold by Jomor Healthcare Pty. Ltd. (hereinafter called "the Company") strictly on the basis of these Conditions of Sale. The purchaser's signature to this order shall constitute an acceptance of the company's offer to sell the goods in accordance with these conditions and this order shall upon the purchaser's signature constitute the whole of the contract between the parties. No other agreement verbal understanding or promise of any kin whatsoever will be recognised.

Payment

Payment shall be made by cash upon delivery unless a credit account has been accepted in writing by the company in which event payment shall be made within the time specified by such credit account and if no time is specified shall be paid upon the company's demand. The purchaser shall pay to the company interest at the rate of one point five percent (1.5%) per month to the date of payment on all amounts as from time to time remain due and unpaid by the purchaser and the company shall be entitled to compound interest. No cheque or other remittance shall be deemed payment until cleared.

New Accounts

Where a credit account is desired the company's formal credit application must be completed and signed and approved in writing by the company.

Risk

The risk of any goods supplied by the company and liability for any consequent damage shall pass to the purchaser immediately upon delivery to the purchaser or to any carrier or agent acting on behalf of the purchaser. Any claim against the company for damage or short delivery must be made in writing addressed to the company and received within one working day of delivery and in the case of damage goods must be safely stored and made available for inspection by the company. Any claim as above must advise the company of the following details: consignment number, carrier's name, condition of package date consignment received, date carrier advised and extent of damage or shortage. The purchaser shall be deemed to have waived any claim for damage or short delivery not complying strictly and in every respect with the foregoing procedure.

Delay

While every effort will be made to adhere to the required delivery instructions and times, the Company shall not be liable for any failure to procure or deliver or for any delay in procurement or delivery of goods to the purchaser or for any failure to adhere to delivery instructions.

Default by Purchaser

If the purchaser makes default in payment or otherwise fails to carry out the terms of or repudiates this or any other contract with the company or if the purchaser stops payment, calls a meeting of his creditors or becomes insolvent or subject to the bankruptcy laws or being a company calls a meeting for the purpose of or goes into liquidation or has a winding up petition presented against it or has a receiver appointed the company may at its option and notwithstanding its waiver of such default or failure and without prejudice to its other rights under the contract suspend or cancel the Contract or require payment in cash before or on delivery or tender of goods notwithstanding the terms of payment specified or may take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for any loss resulting from such resale and for the purposes of taking over the goods the purchaser hereby grants the company an irrevocable licence to enter any premises in which the goods are situate and to take the goods and also to take an retain any object of which the goods have become a constituent part.

Property

The entire property in the goods shall be and remain with the company until the full amount due to the company in respect of the same has been paid. Additionally the company has the right to enter the premises where its goods are located, to remove and repossess its property, if full payment has not been made. If the purchaser resells the goods in a manner such that the company's title is extinguished or postponed then any funds received by the purchaser from such resale shall before receipt be set aside and hold upon trust for the company. If the goods are employed in such a manner that they become a constituent part of another manufactured object or objects then the purchaser will be deemed to have sold such goods and the proceeds of such sale will before receipt be set aside and held upon trust for the company.

Warranties

The only conditions or warranties which are binding upon the company with regard to the state, quality, fitness or condition of any goods or services supplied by it are those which are imposed by law (including the Trade Practices Act) and required to be binding on it. To the extent permitted by such laws the liability (if any) of the company shall be limited in the case of goods to the company replacing or repairing the same and in the case of service to the company resupplying those services. In the case of goods not of the Company's manufacture the Purchaser is entitled only to such benefits as the Company may receive from the supplier. Otherwise any conditions or warranties (whether express or implied) as are not set out or referred to herein or as have not otherwise been expressly agreed to in writing by the company are excluded and negatived. Except to the extent specified above the company excludes its liability (including liability in negligence) to any person whomsoever for any loss or damage consequential or otherwise howsoever arising or suffered or incurred by any such person in relation to the said goods or services.

Return of Goods

Goods may only be returned upon the prior written consent of the company. Unless waived by the company a handling charge amounting to ten percent (10%) of the invoice value of the returned goods will be deducted from any credit allowed. The company shall not without having given its express prior agreement be liable for any expense whatsoever in relation to return of the goods. Where the company has agreed to the return of the goods as aforesaid the goods will only be accepted if they are returned in their original boxes and packaging and are in the same order and condition as at the date of delivery. In the case of faulty or allegedly faulty goods which the Company agrees to inspect the Company shall not be required to collect the same from the Purchaser.

Descriptive Matter and Illustraions

All descriptive and forwarding specifications, all drawings and particulars and weights and dimensions and all publicity and promotional material issued by the company is intended to be illustrative only. None of the foregoing nor any particulars or representations contained therein shall form part nor be deemed to have been incorporated in any contract with the company.

Infringement

The Company shall not be responsible for any infringement relating to the patent, trademark, design, copyright or any other corresponding form of protection in respect of work done by it on goods or materials supplied in accordance with a Purchaser's specification and the Purchaser shall be responsible for and shall indemnify and keep effectually indemnified the Company against all loss and damage arising from such infringement.

Invalid Provisions

If any term or provision or part thereof of these conditions is or shall be for any reason invalid or unenforceable by law the validity and enforceability of the remainder thereof shall be in no way affected thereby.

Interpretation and Proper Law

This contract shall be governed in all respects by and construed in accordance with the law of the State of Victoria. Unless precluded by a contract in these conditions the singular shall include the plural and vice versa and a gender shall include all genders.

Acknowledgement

Purchasers will be required to acknowledge the Terms and Conditions of Sale as follows:

ACKNOWLEDGEMENT: I/We herby acknowledge that I/we have read the Terms and Conditions of Sale above and agree to abide by these Conditions of Sale. This agreement covers all purchases whether ordered verbally or on an official Purchase Order.