Definitions

“Seller” means ATi First Aid Supplies except where the context requires otherwise. “Customer” means the Customer whose order for the purchase of goods is accepted by the Seller. “Customer” includes a buyer that has not dealt with the Supplier previously.

Conditions

These Terms and Conditions shall apply to every sale contract and sale of goods between Seller and Customer. Any terms and conditions of the Customer’s order or any statement by Customer deviating from or inconsistent with these terms and conditions are expressly rejected by the Seller. Acceptance of order may be made and communicated by Seller in writing or by other act of acceptance. No agent or distributor of the Seller has authority to add to, vary or contradict these terms and conditions.

Prices

Prices are in Australian Dollars. All prices are subject to change without notice. If there is a pricing error to protect us from loss or selling below cost we reserve the right to cancel the order or contact you and offer you the product at the correct or different price. Please contact us if you see a pricing error on our website. We reserve the right to cancel any order for any reason.

Delivery

The Seller reserves the right to apply a freight charge where, in the Seller’s option, the cost of delivery is not covered by the current price structure.

Partial Delivery & Failure to Deliver

The Seller may make part deliveries of any order unless agreed to the contrary in writing. Each part delivery shall constitute a separate contract for the sale of goods upon the conditions herein contained. Every endeavour will be made by the Seller to complete delivery within the period stated, if any, but no liability can be accepted by Seller for delay in delivery or non-delivery. All items back ordered are firm and shall not be cancelled unless agreed to by the Seller.

Shortages

All items listed on the Seller’s invoice will be deemed to have been received in good order and condition, without shortage, unless the Seller is notified in writing to the contrary within seven days of the delivery date.

Returns

Returns must be first authorised by the Seller and a Return Authority Number obtained. Returns for credit can only be made within 7 days of purchase. To obtain a Return Authority Number the date of purchase and the original Order No. must be quoted. Goods are to be returned freight prepaid and are to include the Return Authority Number and a copy of the original Order. Returns are subject to a 20% restocking fee and will only be accepted if the goods and packaging are received in an unused and original condition. Return of incorrectly supplied goods at the Seller’s expense will be by the carrier of the Seller’s choice. The Seller will not accept freight charges for goods returned by other means. Products specially purchased, manufactured, machined or cut to size to the Customer’s specifications are not returnable. Adult Signature Required on Deliveries. Due to liability reasons, ATi First Aid Supplies can only accept orders from adults. When an adult is making a purchase for a minor, it is the adult’s responsibility to determine that adequate education and supervision will be provided. Proof of age may be required.

Outside Interference

The Seller shall not be liable to the Customer for any defect, loss, damage or delay whatsoever caused by strikes, lockouts, damage to or breakdowns of plant, Government interference, earthquake, civil commotion, Force Majeure or any other cause beyond the control of the Supplier.

Warranty

Goods sold shall have only the benefit of any warranty given by the manufacturer. All conditions and warranties implied by law are hereby expressly negatived insofar as they lawfully can be. Goods are not guaranteed by the Seller in any way unless guaranteed expressly in writing. Goods which are the subject of a warranty claim are to be returned to the Seller, freight prepaid, with a copy of the original order and brief written details of the fault. Before any warranty claim can be considered documentary evidence of the date of sale of the goods must be received by the Seller. Any warranty given does not cover wear and tear, abuse or misuse.

Liability of Seller

Except as otherwise provided in these conditions the Seller shall not be under any liability in respect to defects in goods delivered or for any injury, damage of loss resulting from such defects or from any work done in correction therewith except to the extent that any stature applicable to these conditions prevents the exclusion, restriction or modification of such conditions or warranties. Notwithstanding any other provisions of the contracts the Seller shall not be liable to the Customer for any loss of profit howsoever arising, nor shall the Seller be under any liability whether in contract, tort or otherwise nor for any injury, damage or loss whether consequential or otherwise save as is expressly provided in these conditions. The Seller shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate operation of the product by the Customer.
The Customer acknowledges that the Seller gives no warranty as to the fitness of the product for the intended application of the Customer and that the Customer has relied entirely upon its own evaluation thereof. The Customer is responsible to ensure that any product is suitable for the purpose the intend using it for.

Variation by Customer

Should there be any variation in details, sizes and quality, delivery instruction or any other item or matter on which the quotation or invoice is based, Seller reserves the right to revise and amend the contract price accordingly.

Clerical Errors

Clerical errors in computation, typing or otherwise of pricelist, catalogue, quotation, acceptance, offer, invoice, delivery docket, credit/adjustment note or specification of Seller shall be subject to correction.

General

1. If any provision of these terms and conditions becomes void or unenforceable, it will be severed from this agreement without affecting the enforceability of the other provision which will continue to have full force and effect.
2. These terms and conditions are governed by the laws of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
3. ATi First Aid Supplies may terminate or vary this Contract or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. ATi First Aid Supplies will not be liable for any loss or damage whatever arising from termination or such cancellations.