The following terms govern the sale of goods by embecta Pty LTD to you. These terms prevail over any terms in your documents or terms stated by you when placing an order. When you place an order for goods, accept delivery of goods, make a payment or comply with these terms, you are taken to have accepted them. Current terms are displayed at www.embecta.com or otherwise available upon request.
Trading Terms & Conditions
It is our policy to supply customers per case pack. Please refer to the details in the embecta price list or catalogue for order quantities. All orders below the net value of A$500.00 (exclusive of GST) will incur an A$60.00 (+GST) handling charge.
It is the intention of embecta to dispatch orders or stock items within 48 hours from receipt of order. embecta is not liable for any failure to supply the goods at the delivery time quoted on any grounds including negligence or omission by embecta or its agents. embecta may make partial deliveries. embecta may decline to accept an order or may cancel an order at its sole absolute discretion.
Urgent orders requiring goods and services outside our specified turnaround times may incur additional costs of the delivery. Urgent orders should be communicated by telephone at first instance, to your embecta Customer Service Representative.
embecta is not liable to you for any failure to comply with these terms if the failure (directly or indirectly) arises out of any circumstances which are not within embecta's reasonable control.
Risk of damage to, or loss of, the goods passes to you upon delivery. Title to the goods does not pass to you until payment in full is received by embecta.
You are not authorized to export, resell, resupply or distribution any goods outside of Australia. You shall indemnify embecta, its directors, employees and agents against all loss, damage and liability (including legal costs and expenses) incurred by embecta, its directors, employees and agents arising out of or relating to any such unauthorised export, resale, resupply or distribution of the goods.
Nothing in these terms are intended to exclude, restrict or modify the implied warranties set out in the Competition and Consumer Act 2010.
Application for return of goods must be made within 14 days from receipt of goods. No goods shall be accepted 21 days from authorisation date.
You will be allocated a Returned Goods Authority (‘RGA’) reference number by embecta's Customer Service Representative. All returns are to be sent to the embecta Warehouse as directed by our Customer Service Department.
Please ensure that the RGA reference number is clearly marked on all goods for return. Goods will only be accepted for return where prior approval has been obtained and the RGA reference number is clearly shown. Only authorised quantities and batch numbers will be accepted. Any unauthorised goods returned will be redirected to you at your expense. Goods must be returned in their original packaging with no additional markings or damage. Any goods not meeting this requirement will be refused credit.
An RGA will not be issued, nor will credit be given for the following:
Goods that are not purchased from embecta or through an Authorized Distributor;
Goods that are temperature controlled;
Goods returned with conditions that prevent resale. Examples include but not limited to:
Special ordered or custom made Goods;
Obsolete or discontinued Goods;
Opened Goods; or
Expired Good or Goods outside minimum dating requirements.
Application for credit because of short shipment/damaged goods/over shipment of goods must be made within 14 days from receipt of goods. If you have not made an application within this time you will be deemed to have accepted the shipment and you cannot make any further claims. If there is an over shipment, you must immediately inform embecta in writing and embecta is entitled to, at your option, charge you for the excess goods or recover the excess goods from you.
Only embecta whole case quantities will be considered for return, (i.e. no part cases shall be accepted).
If a product is believed to be faulty, goods should be isolated and embecta's Customer Service Department should be advised of the alleged fault. A sample from the batch concerned will be evaluated by the Quality Assurance department and if found to be faulty, an RGA number will be provided.
Non Stocked items ordered at customer request will not be accepted for return. Should any order be cancelled after the items have been manufactured including shipping, all charges shall be billed to you.
Refrigerated, frozen, or products requiring a special license to transport (e.g. 'hazmat' products) should not be returned physically to embecta. Any claim for credit relating to embecta supply of such goods should be notified to your embecta Customer Service Representative within 14 days of receipt.
IMPORTANT: Goods will only be accepted for return if the above conditions are complied with. A
re-stocking fee of A$60.00 (+GST) shall be charged if the returned goods were ordered in error.
Any concern as to the expiry period remaining on goods received must be conveyed to embecta within 14 days from receipt of goods. Under no circumstances will embecta accept the return of stock which has expired or has less than three (3) month’s shelf life unless prior agreement has been arranged.
You must notify your embecta Customer Service Representative, or Accounts Receivable Officer, within 14 days of receipt of invoice regarding any amounts under dispute or requiring clarification.
embecta's terms of trade are 30 days net from the date of invoice unless otherwise specified in writing by embecta. Unless otherwise specified in the invoice, you must also pay the costs of delivery of the goods specified in the invoice on the same payment terms.
Unless embecta states otherwise, prices do not include GST. In addition to paying the prices for the goods or any other consideration under or in connection with the terms, you must pay to embecta an amount equal to any GST payable on any supply by embecta under or in connection with the terms and on the same payment terms and without deduction or set-off of any other amount. "GST" has the same meaning in these terms as in the "GST Law", as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
embecta may require immediate payment of all unpaid moneys (whether or not actually due) if embecta considers (in its discretion) that your creditworthiness has become unsatisfactory, if you cannot pay your debts as they fall due, or if you become subject to any other bankruptcy or insolvency event.
embecta reserves the rights to charge interest at the prevailing rates on any overdue amounts.
embecta will inform you in the event of a Field Action (Recall, Recall for Product Correction, Safety Alert, Product Notification). embecta will conduct the Filed Action in accordance with the Therapeutic Goods Administration’s Uniform Recall procedure for Therapeutic Goods.
embecta will bear or reimburse the relevant costs incurred in taking such action under clause.
To the extent permitted by law, embecta:
(a) expressly excludes all implied warranties, conditions, liabilities or representations in relation to the goods or their quality, state, condition or fitness for any particular purpose or the correctness of the information, advice or other services concerning the goods, whether statutory or otherwise and whether imposed at law or equity;
(b) limits its liability for any breach of any condition or warranty that cannot be excluded at law to, at the option of embecta:
(i) in the case of goods:
(A) repairing or replacing those goods; or
(B) paying the cost of having those goods repaired or replaced; and
(ii) in the case of services:
(A) resupplying those or equivalent services; or
(B) paying the cost of having the services resupplied; or
(C) will not be liable to you for any indirect, consequential, special or exemplary damages, loss of revenue, economic loss, loss of anticipated profits or loss of data or information arising in connection with these terms; and
(D) will not be liable for any damages arising from claims of third parties for injury, death or property damage suffered as a result of the use of the goods, or failure of embecta to warn, or to adequately warn, against the dangers of the goods or failure of embecta to instruct, or to adequately instruct, about the safe and proper use of the goods.
Notwithstanding anything in these terms, the maximum liability of embecta to you in connection with these terms for any and all claims, whether under a warranty, indemnity claim or
otherwise, will not exceed the average of the total amount paid by you to embecta for the goods during each calendar year that embecta supplied the goods to you.
You and embecta agree to comply fully with all applicable laws, including but not limited to export control laws of the United States and other countries governing trans-border sales, re-sales, shipments and transfers of the goods. embecta's obligation to supply the goods to you is contingent upon embecta receiving any required governmental authorisations. You acknowledge and agree that the goods shipped under these terms:
(a) must not be exported, re-exported, sold or transferred except as authorised under the US Export Administration Regulations (15 C.F.R. Parts 730 to 774) and any other applicable laws; and
(b) must not be used, resold or distributed, directly or indirectly, for the development, production or proliferation of weapons of mass destruction (nuclear, chemical or biological) or missile delivery systems, and/or for terrorist activities.
You understand, consent and agree that embecta will from time to time use your information for the purposes of compliance with various legislative and regulatory requirements. Such legislation and or regulation may not be limited to those enacted in Australia alone and may include such foreign countries as the United States or in Singapore. embecta will at all times seek to manage and protect your information from any misuse or otherwise unlawful handling.
Having read and understood the foregoing, you voluntarily agree to and consent for us or our designated third party to perform the processing activities described above, and you hereby consent to the data being processed in the United States or in Singapore.
These terms are governed by the law in force in New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from.