The goods listed on our invoice (“the goods”) are sold by Franbar Glen Pty Ltd T/As Intelligent Health Systems A.B.N. 93 109 292 284 (“Intelligent Health Systems”) to the customer (“the customer”) subject to the following terms and conditions.

  1. Unless otherwise agreed to in writing by Intelligent Health Systems, payment in full for the goods is due and payable in which the goods are dispatched by Intelligent Health Systems to the customer.

  2. All claims for credit and return of goods for any reason whatsoever shall be made within seven days of receipt of the goods by the customer and claims and returns made outside that period will only be accepted at the discretion of Intelligent Health Systems. Intelligent Health Systems shall accept no freight charges for return of goods unless agreed to in writing. Acceptance of delivery of goods returned for credit shall not be construed as an agreement to issue a credit note until after the goods have been inspected and found to be in a condition satisfactory to Intelligent Health Systems and then only if the reason for the return of such goods is considered valid by Intelligent Health Systems in its absolute discretion.

  3. Intelligent Health Systems shall not be liable for failure to deliver or for delay in delivery occasioned by any cause whatsoever where such failure or delay is caused by circumstances outside the control of Intelligent Health Systems.

  4. Title to the goods shall not pass to the customer until payment for the goods and all other goods supplied to the customer by Intelligent Health Systems has been made in full to Intelligent Health Systems and shall (subject to the customer being entitled to on sell the goods to retail customers of the customer in the ordinary course of business as a bona fide sale for full value, in which case the customer shall act as fiduciary of Intelligent Health Systems and shall hold its rights in respect of the sale proceeds on trust for Intelligent Health Systems) remain with Intelligent Health Systems until all such debts are paid to Intelligent Health Systems and Intelligent Health Systems through its duly authorised servants or agents shall have the right to repossess the goods by entering upon any premises of the customer and physically removing the same without thereby becoming liable in any action for trespass or damages.

  5. Nothing herein before contained shall limit the rights of Intelligent Health Systems upon default by the customer to bring action to recover any amount unpaid or to claim damages consequential upon breach of this agreement or both and bringing such action shall not be construed as a waiver of the rights of Intelligent Health Systems under the preceding clause.

  6. The law of the state of Victoria, Australia shall govern this transaction and the courts of Victoria shall have exclusive jurisdiction in all matters arising there from other than applications for injunctive relief to enforce the rights of Intelligent Health Systems under clause 5 which may be dealt with by the courts of the country where the relief is sought.

  7. Where any provision of this contract purports to exclude restrict or modify any provisions of the Competition and Consumer Act 2010 (Trade Practices Act 1974) as amended or any other statute which by reason of such statute cannot be excluded restricted or modified then such provision shall be deemed to be severed and deleted here from and the remainder of this contract shall continue in force as though such provision had never been incorporated therein.

  8. Intelligent Health Systems may obtain personal information about the applicant business for the purpose of assessing the application for credit from a credit-reporting agency, or through the contact of trade references, or any other credit references. In the event of default it is acknowledged that all relevant information will be reported to credit collection/reporting agencies.