The supply of Goods & Services by Nepean Institute of Critical Care Education and Research (“NICCER”) (ABN 94 134 313 545) to the Buyer will be subject to these terms and conditions of supply.
In these terms and conditions, unless the context otherwise requires:
1.1.”GST” means Goods and Services Tax under the New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.2.”Seller” means NICCER
1.3.”Buyer” means any person or persons, company or business entity to whom the Seller sells or supplies, or proposes to sell or supply, Goods or Services.
1.4.”Goods” means the goods or products supplied or sold by the Seller to the Buyer from time to time.
1.5.”Supplier” means the Seller.
1.6. “Services” means any services, such as education courses provided by the Supplier.
1.7.”PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time.
1.8.”Quote” means any quote that remains valid for 30 days and includes only the Goods
1.9. “Order” means a purchase order issued by the Buyer to the Supplier in writing via email or a system generated document or any other suitable media, including the Supplier’s website.
1.10 “GST Law” means the New Tax System (Goods and Services Tax) Act 1999 (Cth)
2.1 These Terms and Conditions will apply to the purchase of the goods or services detailed in Seller’s quote or order by the Buyer from NICCER (an association and company registered in NSW, Australia) under ABN 94 134 313 545 whose registered office is at PO Box 318, Eastwood, NSW 2122, Australia (“we” or “us”).
2.2 These Terms and Conditions will be deemed to have been accepted by Buyer when Buyer issues an order or any act by the Seller which indicates fulfilment of order or from the date of any delivery of the Goods or Services (whichever happens earlier) and will constitute the entire agreement between Buyer and Seller.
2.3 These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods and Services between Buyer and Seller, to the exclusion of any other terms that Buyer try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.4 Any quotation by Seller is not and shall not be interpreted as an offer capable of acceptance or as creating an obligation to sell.
2.5 All drawings, specifications & details furnished by Seller or contained in catalogues, price list or website are by way of general description only of the Goods and Services and shall not form part of this contract.
2.6 If a Buyer cancels or modifies any Order or part Order for Goods or Services with:
2.6.1 specifications requested by the Buyer or
2.6.2 standard Goods with non-standard materials or
2.6.3 Services with non-standard contents
at any time after the Seller has received the Order then without prejudice to any other rights the Seller has against the Buyer the Seller reserves the right to charge the Buyer costs and charges for materials already acquired for the Order together with the cost of any labour and tooling expended to the date of such cancellation or alterations.
2.7 Words imparting the singular number include the plural and vice-versa
3.1 The price (Price) of the Goods or Services is set out in Seller’s quotation current at the date of Buyer’s order or such other price as we may agree in writing.
3.3 The Price is inclusive of fees for packaging and delivery unless otherwise stated.
3.4 Prices quoted are based on the full quantities specified and do not necessarily operate pro rata for any greater or less quantities.
3.5 In the event of the suspension of supply on the Buyer’s instruction, or lack thereof, or due to the inability of Buyer to accept the Goods or Services for any reason on or after the date on which they are ready for delivery, Buyer shall be liable for all extra costs and losses thereby incurred by Seller.
3.7 Price quoted is inclusive of GST if the Goods and Serices are delivered in Australia.
4.1 Buyer will pay Seller as soon as the Buyer agrees to purchase the Goods or Services, whenever the Buyer is accepting payment on the Buyer’s website (eCommerce).
4.2 Seller will accept alternative payment other than through eCommerce or such means as provided on the website if arrangement is agreed prior to purchase the Goods or Services on the website.
4.3 Under Clause 4.2, if Buyer does not pay within the agreed period set out, Seller will suspend any further deliveries to Buyer and without limiting any of Sellers other rights or remedies for statutory interest, charge Buyer interest at the rate of 18% per annum on the amount outstanding until Buyer pay in full.
4.4 Time for payment will be of the essence of the Contract between Buyer and Seller.
4.5 All payments must be made in Australian Dollar unless otherwise agreed in writing.
4.6 Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
5.1.1 Seller will arrange for the delivery of the Goods to the address specified by the Buyer, or Buyer’s order or to another location as agreed in writing between the Buyer & Seller.
5.1.2 Seller may at its discretion agree to act as agent for Buyer for delivery beyond store or works and all costs of carriage and insurance shall be paid by the Buyer. The Seller shall not be liable for any damages caused to the Goods whilst they are in transit.
5.2.1 The Seller will deliver Services at the specified locations and date(s).
5.2.2 The Seller reserves the right to cancel the Services due to unforeseen circumstances, such as natural disaster, pandemic, lack of enough purchase of the same Services and so on. The Buyer is entitled to a full refund in these circumstances.
5.2.3 The Seller reserves the right to postpone the Services due to unforeseen circumstances, such as natural disaster, pandemic, lack of enough purchase of the same Services and so on. The Buyer is entitled to a full refund if the postponement is more than 9 months.
6.1 Service (course registration) is not transferable, unless approved by the Seller.
6.2 Seller reserves the right to cancel or postpone Services due to natural disaster, pandemic, not enough interest in the Services, or other unforeseeable circumstances.
6.2.1 If a Service is cancelled by the Seller, full (100%) refund will be returned to the Buyer. The Buyer is responsible for all other costs, including travel and accommodation.
6.2.2 If delivery of Service is postponed, the Buyer can seek a full refund or to receive the same Service on the new date(s).
6.2.3 The Seller aims to announce any cancellation or postponement of Service delivery as early as possible (20 days prior to the original delivery date), unless the situation is not foreseeable.
6.3 Cancellation by the Buyer (i.e. withdrawal from the course) prior to the delivery of Service will attract the following administration fees (as % of total purchase fees) regardless of reasons:
- more than 8 weeks prior: 5%
- 4 to 8 weeks prior: 20%
- 2 to 4 weeks prior: 70%
- less than 2 weeks prior: 80%
- No show: 100% (no refund)
6.1 Seller can terminate the sale of Goods or Services under the Contract where the Buyer commits a material breach of his obligations under these Terms and Conditions;
7. LIMITATION OF LIABILITY
7.1 Seller’s liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
7.2 Seller total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
7.3 If Seller does not deliver the Goods or Services, Seller liability is limited, subject to the clause 6.2 and below, to the costs and expenses incurred by Buyer in obtaining replacement Goods or Services of similar description and quality in the cheapest market available, less the price of the Goods or Services.
7.4 Seller will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods or Services, for:
7.4.1 any indirect, special or consequential loss, damage, costs, or expenses; and/or
7.4.2 any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
7.4.3 any failure to perform any of Seller’s obligations if such delay or failure is due to any cause beyond Seller’s reasonable control; and/or
7.4.4 any losses caused directly or indirectly by any failure or breach by Buyer in relation to Buyer’s obligations; and/or
7.4.5 any loss relating to the choice of the Goods or Services and how they will meet Buyer’s purpose or the use by Buyer of the Goods or Services supplied.
7.5 The exclusions of liability contained within this clause will not exclude or limit Seller’s liability for death or personal injury caused by Seller’s negligence; or for any matter for which it would be illegal for Seller to exclude or limit Seller’s liability; and for fraud or fraudulent misrepresentation.
8. FORCE MAJEURE
8.1 Neither party shall be liable for any failure nor delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
9. NO WAIVER
9.1 No waiver by Seller of any breach of these Terms and Conditions by Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
11. LAW & JURISDICTION
11.1 These Terms and Conditions are governed by and interpreted according to Australian law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the Australian courts.
11.2 The Seller is abide by Australian Consumer Law with regards to breach of warranty.