The following definitions apply unless the context requires otherwise:
Apiam Animal Health means Apiam Animal Health Limited ACN 604 961 024.
Cash Account means the payment terms set out in clause 5(b).
Credit Account means the pre-approved accounts on the payment terms set out in clause 5(c).
Customer means the person named in an Order.
Delivery Point means the point of delivery named by the Customer in an Order.
GST has the meaning given by the A New Tax Systems (Goods and Services Tax) Act 1999 (Cth), or any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
Insolvency Event means an event where:
- except for the purposes of a solvent reconstruction or amalgamation previously approved by Apiam Animal Health in writing:
- an application or an order is made, proceedings are commenced, a resolution is passed or proposed in a notice of meeting or an application to a court or other steps are taken for the winding up, dissolution, official management or voluntary administration of the Customer; or
- the Customer enters into any arrangement, compromise or composition with or assignment for the benefit of its creditors or any class of them;
- the Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or threatens to dispose of its assets other than in the ordinary course of its business;
- the Customer is, or is deemed under any applicable legislation to be, unable to pay its debts when they fall due (other than as a result of the failure to pay a debt or claim the subject of a good faith dispute) or stops or suspends or threatens to stop or suspend the payment of all or any class of its debts; or
- a receiver, manager, administrator or similar officer is appointed to the Customer or any part of its property or a distress, attachment or other execution is levied or enforced.
Invoice means a document issued by Apiam Animal Health to the Customer notifying the Customer of the Customer’s obligation to make a payment to Apiam Animal Health in relation to an Order.
Order means a Customer’s order for the acquisition of goods from Supplier.
Products means all products supplied pursuant to an Order.
Relevant Seller means one of the following entities Country Vet Wholesaling Pty Ltd ACN 098 037 784; Chris Richards and Associates Pty Ltd ACN 097 133 009; Pork Storks Australia Pty Ltd ACN 099 386 455; Westvet Wholesale Pty Ltd ACN 150 801 997; Portec Veterinary Services Pty Ltd ACN 150 804 470; Southern Cross Feedlot Services Pty Ltd ACN 140 509 922; Deniliquin Veterinary Clinic ABN 33 607 993 242; CVH Southern Riverina Pty Ltd ACN 607 993 242; Finley Veterinary Clinic ABN 33 607 993 242; CVH Southern Riverina Pty Ltd ACN 607 993 242; Border Veterinary Clinic ABN 31 607 993 233; AAH Veterinary Services Pty Ltd ACN 607 993 233; Terang & Mortlake Veterinary Clinic ABN 37 120 207 954; Warrnambool Veterinary Clinic Pty Ltd ACN 120 207 954; Gippsland Veterinary Hospital ABN 35 607 993 25; CVH Gippsland Pty Ltd ACN 607 993 251; Kyabram Veterinary Clinic ABN 18 006 966 230; McAuliffe Moore & Perry Pty Ltd ACN 006 966 230; Smithton Veterinary Services ABN 16 093 454 856; Smithton Veterinary Service Pty Ltd ACN 093 545 856; Scottsdale Veterinary Service ABN 42 141 033 007; Scottsdale Veterinary Services Pty Ltd ACN 141 033 007; Warrnambool Veterinary Clinic ABN 37 120 207 954 and Warrnambool Veterinary Clinic Pty Ltd ACN 120 207 954.
Supplier means the Relevant Seller of which the Customer is a client, or otherwise [insert default selling entity].
Website means the online ordering portal at https://orders.apiam.com.au/.
These terms apply to all Products supplied by a Relevant Seller sold via the email, phone or as entered on the Website. All other terms and conditions (express or implied) are excluded except to the extent that such exclusion is contrary to law.
- By placing an Order, you have agreed to enter into an agreement with the Relevant Seller on these terms and conditions.
- Your receipt of an electronic or other form of order confirmation does not signify the Supplier’s acceptance of your order, nor does it constitute confirmation of the Supplier’s offer to sell. The Supplier reserves the right at any time after receipt of your order to accept or decline your order for any reason. The Supplier reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any Product. Please note that the processing of a payment does not constitute acceptance or verification of an order. The Supplier may require additional verifications or information before accepting any order.
- Orders will be accepted via email, phone or as entered to on
- Any order placed via the Website is an offer to purchase the goods ordered at the price specified on this Website at the time the order is placed.
- Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
- Where the Supplier accepts an Order, it will email confirmation of the Order to the Customer (to the email address provided by the Customer in the Order). Once the order has been shipped the Supplier will send a notice of dispatch to the Customer (to the email address provided by the Customer in the Order).
- Where an ordered product is temporarily out of stock the Supplier will contact the Customer for further instruction and place the Product on backorder if requested by the Customer. If the Order has been placed by a Customer with a Cash Account and the Product is going to be out of stock for more than 5 days then the Supplier will be offered a refund. The Supplier will send the notice of dispatch to the Customer when the backorder has been filled.
- Neither the Supplier nor Apiam Animal Health is liable for any loss or damage, including consequential loss or loss of profits, suffered by the Customer arising from, or related to, any delay in filling or inability to supply any Order in whole or in part.
4. Pricing Policy
- All prices on the Website are shown in AUD and will display GST inclusive and GST exclusive amounts and do not include any postage, handling, freight, packing, or insurance fees.
- In the event a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, the Supplier shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. The Supplier shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled the Supplier shall immediately issue a credit to your credit card account in the amount of the incorrect price. If Credit Account, then customer shall have the right to either return the Product at Supplier’s expense or accept an adjustment to the correct price.
- Pricing is subject to change without notice.
- Customer accounts are offered on a Cash Account or Credit Account basis (subject to credit approval by Apiam Animal Health).
- Customers with Cash Accounts will have their credit card billed on placement of the order and payment must be made in full and cleared funds before the supplier will dispatch goods.
- Customers with Credit Accounts must pay for each Invoice within 25 days of the last day of the month in which the Invoice is dated (‘Due Date’).
- Payments for Credit Accounts may be made by electronic funds transfer (EFT) to the bank account nominated on the Invoice, by cheque or by credit card. Payments for Cash Accounts can be made by credit cards accepted by the Supplier’s banking facility. Surcharges will apply on all credit card payments that reflects the cost to the Supplier by their bank.
- If payment in full is not received on or before the Due Date for Credit Account customers, the Supplier may charge interest on overdue amounts at the interest rate applicable to civil debts under the Penalty Interest Rate Act 1983 (Vic).
- If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Apiam Animal Health from and against all costs and disbursements incurred by Apiam Animal Health in pursuing the debt including legal costs on an indemnity basis and Apiam Animal Health’s reasonable collection agency costs.
- If full payment of an Invoice is not received by the Due Date, or to the extent permitted by law where an Insolvency Event occurs in respect of a Customer, all amounts in respect of all accepted and confirmed Orders become immediately due and payable without demand and the Supplier is entitled to (without limiting any other rights it may have against the Customer) do any or all of the following:
- terminate any contract with, or Order from, the Customer;
- suspend any further delivery of any ordered products;
- require full payment in advance for any further Orders or deliveries;
- withhold any rebate in respect of any outstanding Invoice;
- require the Customer to return all Products supplied to the Customer by the Supplier which are still in the possession or control of the Customer.
- The Supplier will provide the Customer with an Order confirmation and an Invoice in respect of each Order, as well as monthly statements.
- Ordered products will be delivered to the Delivery Point, by the method of delivery specified in the Order
- Risk and title to Products will pass on their delivery to the Delivery Point
- Each Order may only have one Delivery Point. A Customer may submit multiple Orders with different Delivery Points.
- Delivery of the Customer’s Order by third party freight contractors will be subject to a $20 shipping and handling charge for orders under $1,000. The Supplier reserves the right to vary the freight charge to the Customer for special circumstances such as Orders requiring express delivery or Orders requiring delivery to remote areas. The applicable freight charge will be added to the cost of the Order. The Supplier will notify the Customer prior to varying the standard freight charges.
- Orders are estimated to be delivered within 3-5 days depending on the location of the Customer and the method of delivery. A tracking number will be provided if the order is delivered by Australia Post.
- Neither Apiam Animal Health nor the Supplier will be responsible for any loss or damage suffered by the Customer as a result of any delay in the delivery of the Order.
7. Returns and Refunds
- Except as expressly stated herein, Apiam Animal Health and the Supplier make no representations or warranties, either express or implied, of any kind with respect to Products sold via email, phone or on the Website. Except as expressly stated herein, Apiam Animal Health and the Supplier expressly disclaims all warranties, express or implied, of any kind with respect to Products sold via email, phone or on this Website, including but not limited to merchantability and fitness for a particular purpose except for the ‘consumer guarantees’ outlined in the Australian Consumer Law (found at: www.accc.gov.au). The Customer agrees that the sole and exclusive maximum liability to Apiam Animal Health and the Supplier arising from any Product sold via email, phone or on the Website shall be the price of the Product ordered. In no event shall Apiam Animal Health and the Supplier, its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to Product sold.
- (b) Refunds are available for ordered products where the Supplier can establish that the Order has been shipped and not delivered to the Delivery Point, provided the Customer notifies the Supplier of the non-delivery within seven days of the Order date.
- Without limiting the discretion of the Supplier to accept returns in other instances, the Supplier will only accept the following returned Products:
- Products which the Supplier is satisfied were damaged in transit before reaching the Delivery Point;
- Products which did not correspond with the Order;
- Products faulty in materials or workmanship,
and only if the Customer provides the Supplier within two business days following delivery of the Product, of the intended return and details of the nature of the damage, fault or non-correspondence with the Order, with documentary or photographic evidence satisfactory to the Supplier.
- The Supplier will only accept a claim in respect of a Product which is claimed to be damaged or defective by way of a temperature excursion upon delivery being fulfilled, if the Customer notifies the Supplier of the claim (providing such evidence of the temperature excursion as the Supplier considers reasonable) within two hours of the delivery being fulfilled.
- The Supplier will not accept return of the following Products:
- Products sold on a non-return basis;
- Products with a broken seal or with label removed;
- Products which have an expiry / best before date which in the Supplier’s view is unreasonably close to the date or return or had expired as at that date.
- The Supplier will only accept Products for return where the Products are accompanied by a Return Authorisation Form specifying a ‘Return Authorisation Number’ provided by Apiam Animal Health Limited. The ‘Return Authorisation Number’ does not constitute acceptance of the return or any claim for a refund or replacement.
- The Customer is responsible for the freight expense of returning Products to the Supplier, unless the Customer receives written notification from the Supplier that the Supplier agrees to bear the costs of a particular return.
- The Supplier will not process a credit or refund until the Supplier receives the returned Product and after inspection, accepts the return. (In individual cases of damage, the Supplier may consent in writing to accept proof of destruction instead of actual return of the Product, but in each case this will be at the sole discretion of the Supplier).
- These terms and conditions are governed by the laws of Victoria, Australia. The parties agree to submit to the non-exclusive jurisdiction of the Court of Victoria, Australia.
- The Supplier and the Customer agree that Apiam Animal Health which is not a party to these terms and conditions may take the benefit of and seek to enforce rights under these terms and conditions in its own name.