All goods purchased from TIDDOX Pty Ltd (trading as Tiddox Disposables), its employees, agents and authorised representatives are sold subject to the terms and conditions of sale (“the Terms”) current on the TIDDOX website when the order is placed. Presented below is a copy of the current terms and conditions: –
- Definitions
In these terms and conditions:
1.1. Customer means the person, firm or corporation placing the order and named in the TIDDOX invoice, being the entity purchasing the goods from TIDDOX under these terms and conditions; and
1.2. Supplier or TIDDOX means TIDDOX Pty Ltd (ABN 11 129 387 622) and any related body corporate (“Supplier” or “TIDDOX”); and
1.3. Terms means the TIDDOX terms and conditions of sale of products between the Customer and the Supplier. TIDDOX adds to, deletes and changes these terms and conditions without notice from time to time. Hence, it is the Customer’s responsibility to read and understand these terms and
conditions each time the Customer places an order. By placing an order, the Customer accepts the Terms.
1.4. GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (GST Act) or any replacement or other relevant legislation and regulations. - Orders
2.1. The Customer warrants that they have the necessary authority to purchase products from TIDDOX lawfully and undertakes to make payments for such products lawfully.
2.2. TIDDOX reserves the right to accept or reject in its absolute discretion any orders it receives.
2.3. All orders placed through the TIDDOX website, by phone or email, are subject to confirmation and acceptance by TIDDOX.
2.4. Once an order is confirmed, it is the Customers responsibility to check that the order details are correct, including the type of product, quantity, pricing and delivery address.
2.5. Furthermore, if there is a difference between an order placed and processed by TIDDOX and the Customer’s records, TIDDOX’s record of the order will prevail.
2.6. And the Customer agrees to pay for all orders placed and all debts incurred, notwithstanding any approved credit limit. - General Credit Arrangement
3.1. Unless a credit account has been set up and approved, the Customer must pay for the product purchase price and freight up front.
3.2. Once approved, any approved credit application regulates the way TIDDOX will sell and deliver the goods to the Customer upon acceptance of the Customer’s order for those goods.
3.3. Furthermore, the Customer agrees that as part of the process of reviewing, processing and approving the credit application, TIDDOX may contact any appropriate third parties or credit agencies to obtain a credit report on the Customer.
3.4. All invoices must be paid within 30 days of the invoice date for any purchases made under credit terms. Any payment outstanding after said due date may have late penalty interest charged at 2% per month on any outstanding amounts. All internal and external costs and expenses incurred by TIDDOX to collect overdue amounts (including legal costs, collection agency fees, and associated disbursements) are to be paid by the Customer under these Terms.
3.5. Customers shall not be entitled to deduct any amount due from the product price or set off against any amount owed by TIDDOX or disputed.
- Price and GST
4.1. Prices are in Australian Dollars and change without notice. And all goods are charged at the price quoted at the time of order.
4.2. Also, the product price expressed by TIDDOX does not include GST or delivery. Hence, GST and freight delivery charges are added to the Customer’s invoice. - Shipping Costs
5.1. The Customer is responsible for the shipping delivery cost. The cost of shipping varies depending on the Customer’s geographical location, and the size and weight of the order.
5.2. TIDDOX has the right to choose the method of transport and subcontract delivery.
5.3. TIDDOX accepts no liability for any delay in the delivery of the goods, as delivery is outsourced to independent delivery companies.
5.4. Shipping costs are non-refundable
5.5. The Customer is responsible for the shipping costs associated with any returns.
5.6. Where the order is made online, using online pricing, and the total of the order value exceeds $1000 (excluding GST and freight), and the delivery location is within the metro area (as defined by TIDDOX) of either NSW, VIC, QLD or WA, then free shipping may apply to that order.
5.7. If a product price, or delivery charge, has been incorrectly stated by the TIDDOX website or by phone or email, TIDDOX reserves the right to correct the product price or delivery charge. The Customer will be notified of any corrections before dispatch, and can, at that point, decide whether or not to proceed with the purchase. - Refunds and Returns
6.1. The Customer must inspect the goods immediately upon delivery and must, within 7 days, give written notice to TIDDOX of any claim that the goods are not in accordance with the contract of sale as outlined in these terms and conditions.
6.2. If the Customer fails to give that notice, then to the extent permitted by law, the goods must be treated as having been accepted by the Customer as per our terms and conditions.
6.3. If the Customer is unsatisfied with the goods, and they have not been used, they have 30 days to return the goods from the date of notifying TIDDOX.
6.4. The Customer must prepay all freight of returned items. Shipping costs are not refundable.
6.5. The goods must be returned in a sellable condition in their original packaging, together with proof of purchase.
6.6. Provided the goods are received in a good saleable condition in their original packaging, and the refund is approved, then TIDDOX will process a refund to the customer, less a 20% re-stocking administration fee, and any freight costs that may have been incurred by TIDDOX in respect to the returned items.
6.7. Refunds will be processed to the method of payment initially used by the customer in making the purchase. - Ownership and Risk
7.1. Also, ownership of the goods will remain with TIDDOX until the price of those goods is paid in full.
7.2. The Customer agrees that TIDDOX has the right to enter the premises occupied by the Customer to recover any goods that are the property of TIDDOX if, in the opinion of TIDDOX, the Customer has defaulted in the payment terms on the invoice.
7.3. Moreover, the risk in the goods will transfer to the Customer upon delivery to the Customer or his agent or a carrier nominated by TIDDOX. - Payment
8.1. Payment for goods purchased from TIDDOX must be made on or before delivery. However, in the case of Customers who have a credit account with TIDDOX, within 30 days of the date of invoice per agreed trading terms.
8.2. If the Customer defaults in making payment to TIDDOX in accordance with these terms and conditions, the Customer agrees that TIDDOX can charge the Customer interest calculated on that portion of the Customer’s overdue account at the rate of 2% per month from the due date until the date TIDDOX receives payment.
9. Returns and Cancellations
9.1. If the Customer is unsatisfied with the goods, they must return them for a refund within seven (7) days of delivery. However, they must arrive back at TIDDOX in good saleable condition. In addition, the Customer must prepay all freight of returned items.
9.2. Once TIDDOX accepts an order, the Customer can only cancel, vary or suspend the order (in whole or in part) with TIDDOX’s agreement in writing, and the Customer agrees to pay all costs, expenses and liabilities incurred by TIDDOX in consequence, of the cancellation, variation or suspension of the order.
9.3. Notwithstanding the above, a re-stocking fee of 20% will apply upon cancellation or return of goods, payable by the Customer.
10. Limitation of Liability
10.1. The goods come with guarantees provided under the Australian Consumer Law. However, beyond this law, other than stated in these terms and conditions, TIDDOX accepts no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise suffered or incurred by that person caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of advice, recommendations, information or services.
10.2. The information furnished by TIDDOX on its products is believed, to the best of our knowledge, to be accurate and represents the best data currently available to us. TIDDOX and its manufacturers continually refine both its processes and its products. The information is provided in good faith / “as is” basis and is intended only as a guide and is not to be taken as a warranty or representation for which TIDDOX, nor any of its directors or subsidiaries assumes any legal responsibility, nor liability for the accuracy or completeness of the information contained herein.
11. Indemnity
11.1. The Customer agrees to indemnify TIDDOX and its directors and subsidiaries from and against any demands, claims, lawsuits, actions, liabilities, expenses and costs (including legal expenses and costs on a full indemnity basis) resulting from the Customer’s breach of the Terms. The goods come with guarantees provided under the Australian Consumer Law. However, beyond this law, other than stated in these terms and conditions, TIDDOX accepts no liability (including liability in negligence) to any person for any loss or damage consequential or otherwise suffered or incurred by that person caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of advice, recommendations, information or services.
12. Intellectual Property Rights
12.1.The Customer agrees not to breach TIDDOX’s intellectual property rights. This includes changing, copying or modifying any of our products or artwork designs for commercial purposes. Intellectual property rights include TIDDOX product design, trademarks, licenses, artwork, packaging, material content mix, and brand name, whether registered or not registered.
13. General
13.1. Assignment: The Customer may not, in whole or in part, assign any rights or obligations under these Terms without the prior written consent of TIDDOX. TIDDOX may assign all or any of its rights and obligations under these Terms without the Customer’s consent.
13.2. Waiver: Any failure by the Customer or the Supplier to insist on strict performance by the other of any of these Terms will not constitute a waiver of any right in relation to the terms contained herein unless expressly communicated by TIDDOX in writing.
13.3. Severability: If any of the Terms are deemed in law to be invalid or not enforceable to any extent. Then any such term will to that extent, be severed from the remaining terms and conditions, which will continue to be valid under the applicable law.
13.4. Jurisdiction and Applicable Laws: The validity, construction and performance of this agreement shall be governed by the laws of the State of Western Australia.
13.5 Entire Agreement: The Terms outlined in this document represent the entire agreement between Customer and Supplier and supersede any prior agreement, arrangement or understanding between the parties, either written or oral.
14.Contact Details
14.1. Tel: 1300 84 33 69
14.2. Email: [email protected]