AUTOMATIC DISPENSER PACKAGES & WHO COMPLIANT REUSABLE FACE MASKS - CURRENTLY IN STOCK
- In consideration for payment of the Price of the Goods, the Seller sells and the Buyer buys the Goods on the terms of this Agreement. The defined terms in this Agreement are specified in the Agreement Details.
2. Placement of orders
- The Buyer orders the Goods from the Seller in writing.
- Each order must specify:
- The Goods will be delivered to the Delivery Address.
- An order may only be varied as agreed in writing between the Buyer and the Seller. The Seller reserves its right to increase the price in relation to a varied order.
3. Delivery of orders
- The Seller will use its best endeavours to deliver each order to the Delivery Address between the hours of 9 am to 5 pm on any day Monday to Friday (other than public holidays) at a time agreed by the Seller and Buyer.
4. Packing of orders
- The Seller will ensure each order is safely and securely packed for transportation to the Buyer having regard to:
- The Buyer must pay the Price, plus the requisite GST, in relation to each order to the Seller prior to shipment unless agreed in writing.
- The Buyer must pay the Price by electronic funds transfer to the Seller’s nominated bank account, notified to the Buyer in writing.
- The Seller warrants the quality of the Goods for 12 months after delivery.
- The Seller’s warranty is void if the Buyer misuses the Goods or does not follow the instructions provided by the Seller for the use of the Goods.
- If the Buyer raises any query that the Goods are defective it must notify the Seller in writing immediately prior to delivery.
- If no notice of Defect is given the Goods will be deemed to have been accepted by the Buyer.
- If the Seller does not accept that Goods are defective, then the parties will use all reasonable commercial efforts to resolve the dispute consensually but if they fail to resolve the dispute within 30 days of notice having been given to the Seller of the defect the dispute is to be resolved in accordance with clause 15.
- If the Goods are defective the Seller may (at its selection) replace the Goods at no additional cost to the Buyer. Prior to this, the Buyer must return the Goods for inspection by the Seller. Replacement is the only remedy available to the Buyer in relation to the supply of defective Goods.
7. Passing of title
- Title to the Goods constituting an order passes to the Buyer free of encumbrances and all other adverse interests upon receipt by the Seller of payment in full of the Price.
- Until title to the Goods constituting an order passes to the Buyer, the Seller holds a security interest in the Goods and all proceeds from the sale of the Goods as contemplated under the Personal Property Security Act 2009 (Cth).
8. Rights in relation to Goods
- The Seller reserves the rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid. These are rights:
- If the Buyer resells the Goods or products manufactured using the Goods, the Buyer must hold part of the proceeds of any such sale, as represents the invoice price of the Goods sold or used in the manufacture of the Goods sold, in a separate identifiable account as the beneficial property of the Seller. The Buyer must pay this amount to the Seller upon request. Despite these provisions, the Seller is entitled to maintain an action against the Buyer for the purchase price and the risk of the Goods must pass to the Buyer upon delivery.
- Prior to title in the Goods passing to the Buyer under the terms of this Agreement, the Buyer agrees that:
- In connection with the Goods, the Seller states to the Buyer that:
- The Seller and the Buyer agree that:
- If the Buyer supplies any of the Goods to any person before all moneys payable by the Buyer have been paid to the Seller, the Buyer agrees that:
9. Passing of risk
- Risk in each order passes to the Buyer upon delivery of that order to the Buyer.
- The Seller warrants to the Buyer that:
- The Buyer warrants to the Seller that:
11. Force Majeure
- It is not a breach of this Agreement if the Seller is unable to fulfil its obligations under this Agreement because of a Force Majeure Event affecting it and performance of those obligations will be suspended until the Force Majeure Event has ceased to prevent performance of those obligations.
- The Seller, if affected by a Force Majeure Event, will:
- A Force Majeure Event will not relieve the Seller affected from the subsequent compliance with its obligations under this Agreement, once the Force Majeure Event has ceased to prevent performance of those obligations unless in the meantime this Agreement has been validly terminated.
- If a Force Majeure Event continues for a period of more than 90 consecutive days, either party may thereafter terminate this Agreement, with immediate effect, by giving written notice to the other party.
- For the purposes of this clause 11, Force Majeure Event means includes events such as fire, explosion, action of the elements, war (including civil war), pandemic, riots, revolution, legislation and acts of the authorities, strikes, shortage of raw and auxiliary materials, energy or means of transport, governmental regulations or any other contingency beyond the reasonable control of the parties.
- Either party may terminate this Agreement if:
- Exercise of the right of termination afforded to either party under this clause will not prejudice the legal rights or remedies which either party may have against the other in respect of a breach of any term, condition or warranty of this Agreement.
- The obligations of the parties that by their nature could reasonably construed as being intended to continue to apply beyond the termination of this Agreement will continue to apply.
13. Limitation of Liability
- The Seller will not be liable to the Buyer in respect of any losses suffered or incurred by the Buyer arising out of or in connection with the Goods.
- The Seller will not, in no event, be liable to the Buyer or a third party for any indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenue, profits and goodwill.
- These limitations are independent from all other provisions of this Agreement and will apply notwithstanding the failure of any remedy provided herein.
- To the extent permitted by law, the Seller’s sole liability for breach of contract, breach of statutory duty, negligence or other tort, or indemnity given under this Agreement is limited, at its option, to:
14. Personal Property Securities Act 2009 (Cth) (PPSA)
- This agreement is a security agreement.
- The interest of the Seller in the Goods and all proceeds from the sale of the Goods by the Buyer to a third party is a security interest.
- The Buyer consents to the Seller registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by the Seller to facilitate registration.
- Until title in the Goods has passed to the Buyer as contemplated by clause 6, the Buyer agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create a security interest over the Goods in favour of the Buyer or any third party. The parties agree that this clause will not prohibit the Buyer from selling the Goods in the ordinary course of business.
- The Buyer waives its rights to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by that Act and cannot be excluded.
- The Seller and Buyer agree that this agreement and all related information and document(s) are confidential (Confidential Information) and will not be disclosed to unauthorised representatives or third parties, except to the extent disclosure is permitted by this agreement or required by law. The Seller and Buyer agree that the Seller will not disclose the Confidential Information pursuant to a request under section 275(1) of the PPSA.
- Unless the Goods are used predominantly for personal, domestic or household purposes, the Seller and the Buyer agree each of the following requirements or rights under the PPSA do not apply to the enforcement of the Seller’s security interest in the Goods or of this agreement:
- Expressions defined in the PPSA have the same meaning when used in this agreement.
15. Resolution of Disputes
- If a party considers that a Dispute has arisen, it may give a notice to the other party. The notice must set out reasonable particulars of the Dispute.
- Promptly after the receipt of a notice of a Dispute, the representative of each party must meet to discuss the Dispute and negotiate in good faith to resolve the Dispute without resorting to any legal proceedings.
- If the parties do not resolve the Dispute in accordance within 10 days of receipt of the notice of the Dispute, either party may request that the Dispute be escalated to the chief executive officers of each party who must negotiate in good faith to resolve the Dispute without resorting to any legal proceedings.
- If the chief executive officers of each party have not resolved the Dispute within 30 days from the date of escalation of the Dispute under clause 15(c), either party may commence legal proceedings.
- Compliance with this clause 16 is a condition precedent to a party’s entitlement to commence legal proceedings in relation to a Dispute.
- For the purposes of this clause 15, Dispute means any dispute which arises out of or relates to each party’s obligations or this Agreement, including without limitation the entry into, breach, termination or validity of this Agreement.
- This Agreement is not to be amended except in writing signed by each of the parties.
17. Reusable Mask
- Our masks are machine washable and reusable.
- We recommend washing before first use.
- Masks should only be used by one person and should not be shared.
- All masks should be changed if soiled or wet; a soiled or wet mask should not be worn for an extended period of time.
- Non-medical (fabric) masks should be washed frequently and handled carefully, so as not to contaminate other items. As a general rule of thumb, face masks should be washed after each use if worn for extended periods of time, or each day if used intermittently throughout the day.
If you knowingly sneeze or cough in your mask, we recommend you wash it as soon as possible and thoroughly wash your hands before and after washing.
- Clothing fabrics used to make masks should be checked for the highest permitted washing temperature, which is indicated on the clothing label.
- DO NOT MICROWAVE
- Where hot water is not available, wash mask with soap/detergent at room temperature water, followed by either i) boiling mask for one minute OR ii) soak mask in 0.1% chlorine for one minute then thoroughly rinse mask with room temperature water, to avoid any toxic residual of chlorine.
- Please understand that our Reusable Masks are not a replacement for medical grade Personal Protective Equipment, and in circumstances where medical grade Personal Protective Equipment is recommended, you should consult a health care professional.
- While temporary or permanent governmental policy may mandate the use of masks in certain circumstances, the decision to use our mask is solely your own.
- Please remember that use of face masks is not intended to replace other recommended measures to stop community spread of COVID-19, such as social distancing, washing and sanitising your hands thoroughly and refraining from touching your face.
- Follow the latest guidance from the WHO and CDC and your own governmental / personal health care professionals as to how best to keep yourself safe.
18. Proper law
- This Agreement is governed by the laws of Victoria and are subject to the jurisdiction of the courts of Vic