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"User" means the person or entity using the website.
"Owner" means the company that owns the website,
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "https://www.gosupply.com.au"
Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited. We may change, terminate, or restrict access to any aspect of the service, at any time, without notice
1.1 These terms and conditions apply to the sale of products by GoSupply to the Buyer. GoSupply may vary these terms by notice in writing to the Buyer. A copy of GoSupply's current terms and conditions of sale is available at www.GoSupply.com.
1.2 These terms prevail over any terms in any document of the Buyer and contain the entire agreement between the parties. If the Buyer places an order, accepts delivery of products and makes any payment under this invoice or performs any of these terms, the Buyer is taken to have accepted these terms.
2.1 Prices quoted by GoSupply are those ruling at the date of issue of quotation. A price quotation is not an offer by GoSupply. GoSupply may alter prices without notice before GoSupply accepts the Buyer's order.
2.2 Prices are inclusive of GST. The Buyer must pay to GoSupply an amount equal to any GST. The Buyer must pay GST at the same time the Buyer pays the price (under clause 5).
2.3 All prices quoted include standard packing for delivery within Australia and are exclusive of freight charges.
3.1 Subject to clause 3.2, orders for products must be in units of measure (as defined by the Therapeutic Goods Administration and manufacturer's certification for the relevant product).
3.2 Orders for products which are not held as a stock line by GoSupply and which are ordered on the Buyer's request must be for the relevant manufacturers minimum order quantity for that product.
3.3 If an order is for less than $75 then a minimum $7.95 handling and freight charge will apply. GoSupply may waive this charge where the Buyer exclusively orders products through GoSupply's electronic ordering system.
3.4 Orders for products which are temporarily out of stock will be placed on backorder.
3.5 GoSupply reserves the right to charge the customer freight and cold chain fees.
4.1 GoSupply will use reasonable endeavours to despatch available products ordered for immediate delivery no later than 2 business working days after receipt of the order.
4.2 Any delivery time GoSupply gives the Buyer is only an estimate. GoSupply is not liable to the Buyer for any loss or damage (including consequential loss or damage) arising from late delivery.
4.3 The Buyer must still accept and pay for the products even if GoSupply delivers late.
4.4 Product delivery will be during normal business hours. If GoSupply agrees to deliver products outside these normal business hours, GoSupply may impose an additional delivery charge.
4.5 The products will be delivered using methods selected by GoSupply. If the Buyer requests other arrangements, the products will be transported at the Buyer's cost and risk.
4.6 Where the Buyer does not take delivery of products when the products are ready; or the Buyer orders the products for collection and does not collect then within 5 business days after the specified collection date, then GoSupply is entitled to either store the products or deliver them to one of the Buyer's addresses, without liability and at the Buyer's cost and risk.
5.1 Products will be paid on checkout on the website.
5.2 The Buyer must pay in full (without set-off or deduction, including for any claims for credit) within 30 days after the date of the invoice.
5.3 If the Buyer fails to pay an amount due:
(a) GoSupply may charge interest on the overdue amounts calculated daily at 2% per annum above the
rate charged by GoSupply's bankers;
(b) GoSupply may cancel or suspend further delivery of products to the Buyer until full payment of all money due from the Buyer to GoSupply; and
(c) GoSupply may vary or withdraw credit at its discretion.
5.4 The Buyer must pay all expenses incurred by GoSupply in the recovery of any overdue amounts.
6.1 Risk in the products passes to the Buyer at the time of delivery to the Buyer, its carrier or agent. Title to and property in the products does not pass to the Buyer until the Buyer pays in full all monies owing to GoSupply.
6.2 Until title to a product passes to the Buyer:
(a) the Buyer must hold the product as fiduciary and bailee for GoSupply. The buyer must store the product properly and separately so as to be identifiable as the property of GoSupply;
(b) the Buyer must fully insure the product against loss or damage, ensuring that GoSupply's interest as owner is noted on the policy;
if the Buyer does not pay an invoice by the due date or becomes an externally administered body corporate (as defined in the Corporations Act 2001 (Cth)), without prejudice to any other right GoSupply is entitled to immediately enter any premises occupied by the Buyer and retake possession of all products previously supplied by it. GoSupply may, in its absolute discretion, retain or sell any products it repossesses; and
(d) subject to clause 7.5, the Buyer may only sell or use the product as fiduciary (but not agent) of GoSupply, in the ordinary course of the Buyer's business and must:
(i) hold all proceeds separately in trust for GoSupply and account to GoSupply for all proceeds; and
(ii) assign to GoSupply any debt or claim against the third party acquirer of the product for the proceeds.
7.1 In this clause, PPS Act means the Personal Property Securities Act 2009 (Cth). If a term used in this clause has a particular meaning in the PPS Act, it has the same meaning in this clause.
7.2 This clause applies to the extent that GoSupply's interest in any product is a security interest.
7.3 The Buyer agrees that the security interest is over the products, any proceeds of the products and any other product or mass that the products may be or become part of. The products, proceeds and other product or mass are referred to in this clause collectively as the Collateral.
7.4 The Buyer acknowledges that GoSupply may register a financing statement in relation to its security interest. The Buyer waives its right under s157 of the PPS Act to receive notice of any verification statement relating to the registration of any such financing statement or any related financing change statement.
7.5 The Buyer undertakes, if it disposes of any Collateral, that it will receive proceeds at least equal to the market value of the Collateral, and that it will not allow any other security interest to exist over those proceeds if that security interest could rank ahead of GoSupply's security interest. If such a security interest does arise despite the previous sentence, the Buyer must ensure that it receives cash proceeds for the security interest at least equal to the market value of the proceeds, and must immediately pay those proceeds to GoSupply in reduction of the owed amount.
7.6 GoSupply can apply amounts it receives from the Buyer, including under clause 7.5, towards amounts owing in any order GoSupply chooses.
7.7 GoSupply and the Buyer agree not to disclose information of the kind mentioned in section 275(1) of the PPS Act, except in the circumstances required by sections 275(7)(b) to (e) of the PPS Act. The Buyer agrees that it will only authorise the disclosure of information under section 275(7)(c) or request information under section 275(7)(d) if GoSupply approves. Nothing in this clause will prevent any disclosure by GoSupply that it believes is necessary to comply with its other obligations under the PPS Act.
7.8 To the extent that it is not inconsistent with clause 7.7 constituting a "confidentiality agreement" for the purposes of section 275(6)(a) of the PPS Act, the Buyer agrees that GoSupply may disclose information of the kind mentioned in section 275(1) of the PPS Act to the extent that GoSupply is not doing so in response to a request made by an "interested person" (as defined in section 275(9) of the PPS Act) pursuant to section 275(1) of the PPS Act.
7.9 If the Buyer does not pay an invoice by the due date or becomes an externally administered body corporate (as defined in the Corporations Act 2001 (Cth)), GoSupply may enforce its security interest in any Collateral by exercising all or any of its rights including those under clause 6.2(c). To the extent that Chapter 4 of the PPS Act would otherwise apply to enforcement by GoSupply of its security interest in the Collateral, the Buyer and GoSupply agree that the following provisions of the PPS Act do not apply:
(a) to the extent that s 115(1) of the PPS Act allows them to be excluded: ss 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143; and
(b) in addition, to the extent that section 115(7) of the PPS Act allows them to be excluded: ss 127, 129(2) and (3), 132, 134(2), 135, 136(5) and 137.
7.10 The Buyer must promptly do anything GoSupply requires to ensure that its security interest is a perfected security interest and has priority over all other security interests.
7.11 Nothing in this clause is limited by any other provision of these terms or any other agreement between GoSupply and the Buyer. Nothing in this clause limits GoSupply's rights or the Buyer's obligations apart from under this clause.
8.1 Can only be made within 7 days after delivery of any product. The Buyer must notify GoSupply if any product has a short shelf life, has been damaged during delivery, has been incorrectly sent , has been short delivered or has been incorrectly invoiced.
8.2 GoSupply may, in its absolute discretion, (but is not obliged to) accept returns of products which the Buyer has incorrectly ordered, provided that the Buyer requests the Product return within 7 days after delivery of the product. If GoSupply accepts a Product Return, GoSupply will charge the Buyer a restocking fee equal to the higher of $20 or 10% of the price of the returned items to cover costs associated with the return.
8.3 Returned goods must comply with the following conditions:
(a) They must be returned using GoSupply's nominated courier,
(b) They must be unopened, in their unit of measure and in their original manufacturer's packaging which has not been marked, defaced, damaged or interfered with in any way,
(c) They must be returned with a GoSupply Credit Request (obtained from GoSupply by calling customer service) duly completed and signed by the Buyer which:
(i) itemises the products being returned and explains the reasons for return;
(ii) confirms that the products have been stored at all times according to the label conditions and other applicable requirements imposed by law or recommendation by the manufacturer; and (iii) attaches a copy of the original invoice for the returned products.
8.4 Products returned without the prior consent of GoSupply may be returned to the Buyer at the Buyer's cost.
8.5 The Buyer acknowledges that the following products cannot be returned under any circumstances:
(a) any special buy-in (non-stocked) items
(b) any "cold chain" products which have specific storage requirements,
(c) any nutritional products
9.1 The Buyer must hold all necessary licences and comply with all laws relating to the purchase, storage, sale or use of the products, including complying with relevant adverse event reporting requirements, Therapeutic Goods Administration Regulations and any other requirement as issued by the product manufacturer.
9.2 If the Buyer is directed to assist in any suspension of supply or product recall for any reason by GoSupply, the Therapeutic Goods Administration, or a health authority the Buyer will co-operate and comply with all reasonable directions to ensure the most effective response.
9.3 To the extent that GoSupply is entitled to recover the costs of the suspension or recall from the relevant product manufacturer or supplier, GoSupply will reimburse to the Buyer any reasonable and necessary costs incurred by the Buyer in connection with the suspension or recall.
10.1 Any product description(s) used by GoSupply is for identification purposes only and not a description with which the products must comply.
10.2 The Buyer acknowledges and agrees that any representation or advice given by or on behalf of GoSupply (or any of its employees or agents) in respect of the operation or use of a product is offered for information purposes only and should not be relied upon. GoSupply assumes no obligation or liability whatsoever in respect of any such representation or advice.
10.3 The Buyer acknowledges and agrees that it is responsible for advising its customers or patients about the operation, application, appropriateness and use of the products.
11.1 GoSupply will use reasonable endeavours to enforce, at the cost and for the benefit of the Buyer, any product warranties or guarantees made by manufacturers and suppliers of products sold by GoSupply to the Buyer.
11.2 GoSupply does not represent or warrant that any product (including, in particular, any imported product) does not infringe intellectual property rights of any third party.
12.1 Implied warranties as to quality, product fitness or accuracy of information, advice or other services concerning the products are expressly excluded to the maximum extent allowed by law.
12.2 GoSupply's liability for a breach of these terms or any implied warranty or condition is limited to, at GoSupply's election:
(a) replacing the products (or supplying equivalent products); or
(b) paying the cost of replacing the products (or supplying equivalent products)
12.3 GoSupply, its employees and agents shall not be liable for any loss or damage (including
or damage) of
whatever, even if due to the negligence of GoSupply, its employees or agents.
12.4 The Buyer agrees that the products are not of a kind ordinarily acquired for personal or domestic consumption.
12.5 The Buyer indemnifies GoSupply for all liabilities, damages or expenses suffered or incurred by GoSupply as a result of any act or omission of the Buyer, including (without limitation) loss incurred as a result of the Buyers
(a) cancelling any order or part of any order,
(b) unloading, storing or handling the products,
(c) failing to comply with the manufacturer instructions regarding the product or with any laws relating to the storage, handling, sale, marking or use of the products,
(d) making, or allowing to be made, any statement in respect of the operation, application, appropriateness and use of the products; or
(e) breaching any of the Buyer's obligations under these terms and conditions of sale.13. FORCE MAJEURE
13.1 GoSupply is not liable to the Buyer for a failure to comply with this document if the failure (directly or indirectly) arises out of circumstances which are not within GoSupply's reasonable control (including an act of war or terrorism, natural disaster, industrial action or failure of a supplier, public utility or common carrier) (a Force Majeure Event).
13.2 If a Force Majeure Event occurs, GoSupply's obligations under these terms and conditions of sale are suspended to the extent they are affected by the relevant event as long as the event continues. Neither GoSupply nor the Buyer may terminate these terms and conditions of sale as a consequence of any Force Majeure Event.
14.1 The Buyer may not cancel any order once lodged with GoSupply, unless GoSupply in its absolute discretion, agrees otherwise. GoSupply will not agree to any cancellation unless the Buyer compensates GoSupply against all losses arising from the cancellation.
14.2 GoSupply reserves the right to decline in whole or in part any order. GoSupply may discontinue supply of any product without notice, unless otherwise required by legislation.
14.3 GoSupply may cancel any order and terminate these terms and conditions of sale if
(a) any invoice due is unpaid
(b) the Buyer becomes insolvent
(c) an unfavourable credit report on the Buyer's financial standing is obtained, in which case the Buyer must indemnify GoSupply for any costs incurred prior to cancellation. In these circumstances, GoSupply may require the Buyer to provide prepayments as a condition of resuming product deliveries to the Buyer.
14.4 The Buyer has no claim against GoSupply for any damage, loss or expense arising from any cancellation by GoSupply.
15.1 No conduct of GoSupply (including a failure to exercise, or delay in exercising, a right) operates as a waiver of a right of GoSupply or otherwise prejudices or prevents the exercise of a right of GoSupply.
15.2 The Buyer may only assign, dispose of or otherwise create an interest in its rights under these terms and conditions of sale with the consent of GoSupply. GoSupply may assign its rights under these terms and conditions of sale without the consent of the Buyer.
15.3 Any provision of these terms and conditions of sale which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make the remaining terms and conditions of sale enforceable, unless this would materially change the intended effect of this document.
15.4 These terms and conditions of sale are governed by the law in force in New South Wales.