Terms of service

  1. These Terms and Conditions apply to the supply of ColoVantage Home® Test Kits (Test Kits) by Enterix (Australia) Pty Ltd (ABN 19 093 240 512) (Enterix) to the purchaser (Purchaser).
  2. The Purchaser is deemed to have read, understood and accepted these Terms and Conditions upon purchase from, or placing of an order with and acceptance by, Enterix.
  3. These Terms and Conditions, and Enterix’s quote or quotation to the Purchaser (collectively, the Contract), apply to the purchase by the Purchaser and sale from Enterix of the Test Kits, to the exclusion of any terms that the Purchaser sought or seeks to impose, incorporate, infer or which are otherwise implied by trade, custom, practice or course of dealing.

             The Price

  1. The Price payable for the Test Kits (the Price) shall be:
    1. The price set out in the current Enterix [price list/advertisement] issued from time to time; or
    2. The price set out in Enterix’s quote or quotation current at the date of the Purchaser’s order; or
    3. Such other price Enterix and the Purchaser may agree to in writing only.
  2. Unless otherwise stated, the Price is exclusive of all taxes, duties and charges of any kind (including GST), which are payable by the Purchaser.

             Terms of Payment

  1. The Purchaser acknowledges and agrees that the Price becomes due and payable 30 calendar days from the date of the relevant invoice issued by Enterix; Or
  2. The Purchaser acknowledges and agrees that the Price becomes due and payable at the point of sale (Website purchases).
  3. The Purchaser must make payment in full without any deduction or withholding excepted as permitted by law. The Purchaser is not entitled to assert any credit, set-off or counterclaim against Enterix in order to justify withholding payment of any such amount in whole or in part.
  4. All payments must be made in Australian Dollar unless otherwise agreed in writing by Enterix.
  5. In the event that the Purchaser fails to pay the Price, Enterix reserves the right to charge interest on the Price on a day-to-day basis at the annual rate of 10% from the date when payment became due and payable until the date on which payment has been received together with any interest which has accrued.
  6. Enterix, at its discretion, reserves the right to refer any overdue accounts to a mercantile agency or a solicitor for collection and recovery action and the Purchaser agrees to be responsible to meet all reasonable costs and commissions incurred in employing a mercantile agent or solicitor to collect any overdue amount.
  7. Upon request by a Purchaser and provision of the Purchaser's ABN to Enterix, Enterix may in its sole discretion agree to provide a credit facility to the Purchaser on terms and conditions determined by Enterix. Such facility is provided on the condition that the applicant who applies for the facility personally guarantees payment of all sums payable by the Purchaser to Enterix. Enterix reserves the absolute right to refuse or withdraw the Purchaser’s credit facilities at any time in its sole discretion. If the Purchaser obtains a credit facility, subject to item 25 below, the Purchaser must inform Enterix in writing within 7 days of any change in Purchaser's business or corporate structure.

             Delivery

  1. Enterix will endeavour to fill all orders promptly but will not be liable for any delay occurring in the supply of the Test Kits or any loss or costs the Purchaser may suffer as a result. Without limitation to any other provision in these Terms and Conditions, Enterix will not be liable for any delay or failure in performance of any of its obligations if such performance is prevented, restricted, or affected by an event that is beyond Enterix's reasonable control.
  2. Delivery shall be made to the location specified on the Purchaser's order. Any delivery times provided to the Purchaser are estimates only and Enterix will not be liable for any late delivery.

             Acceptance of Test Kits

  1. Upon receipt of Test Kits from Enterix, the Purchaser must inspect the Test Kits for any obvious evidence that any of the Test Kits have been damaged or have been tampered with and, if the Purchaser identifies any Test Kits that have been damaged or tampered with, the Purchaser must not sell or use such Test Kits, must notify Enterix within 5 business days that the Test Kits have been damaged or tampered with, and must provide to Enterix with any evidence reasonably requested by Enterix relating to the damage or tampering. Upon such notification from the Purchaser, Enterix will at its expense arrange for the supply and delivery of replacement Test Kit(s) and may procure the return of the damaged and tampered with Test Kits from the Purchaser.
  2. The Purchaser must always:
    1. handle, store, distribute and use the Test Kits strictly in accordance with instructions and directions given by Enterix,
    2. not make any representations of any kind in relation to the Test Kits to any third parties other than strictly in accordance with any instructions and directions given by Enterix or as otherwise authorized in writing by Enterix,
    3. not modify, adapt, or alter any Test Kit or combine any Test Kit with any other product.

             No Returns

  1. Enterix has a NO RETURN policy, subject to any exception set out in these Terms and Conditions. Test Kits not accepted upon delivery or returned by the Purchaser are destroyed, because the reliability of the test cannot be guaranteed due to the uncontrolled environment after distribution from Enterix's premises. Consequently, subject to item 15 above, payment of the Price is due and payable by the Purchaser even if some or all the Test Kits are returned to Enterix.
  2. To the extent permitted by law, Enterix is not obliged to give a refund, exchange, replace or otherwise to the Purchaser in relation to any Test Kits if the Purchaser:
    1. simply changes its mind,
    2. makes a wrong decision,
    3. uses the Test Kit incorrectly or otherwise contrary to instructions (Patient).
  3. In addition to any rights the Purchaser has at law, the Purchaser may choose between a refund, exchange or credit (make a Claim) only where a Test Kit, a) is faulty, b) has been wrongly described, c) is different from a sample shown, or d) does not do what it is supposed to. A Claim must be made in writing to Enterix within 5 days from the date of invoice with supporting evidence. Evidence in the form of photographs and videos may also be accepted provided they are conducive to demonstrating the Claim. Claims after this period will be rejected by Enterix.

             Miscellaneous

  1. The Purchaser agrees that Enterix may, in accordance with the Privacy Act 1988 (Cth), a) disclose to a credit reporting agency personal information about the Purchaser contained in or relating to the Purchaser's application for credit, b) obtain from a credit reporting agency one or more credit reports containing personal credit information about the Purchaser for the purpose of assessing the Purchaser's application for credit or for the purpose of collecting overdue payments from the Purchaser, and c) disclose to and obtain from any credit provider named in a credit report relating to Purchaser information about the Purchaser's credit arrangements.
  2. To the extent permitted by law and subject to item 23, all warranties, conditions, terms, representations and undertakings, other than as expressly set out in these Terms and Conditions, whether express, implied or verbal, statutory or otherwise, and whether arising under these Terms and Conditions or otherwise, are hereby excluded including, without limitation, the implied warranties of merchantability, non-infringement and fitness for a particular purpose.
  3. Enterix's liability for breach of a warranty or condition which cannot be excluded, restricted or modified shall be limited, at Enterix's option, to (i) replacement of the Test Kits, repair of the Test Kits or the supply of equivalent products, (ii) the cost of replacing or repairing the Test Kits or acquiring equivalent products, and (iii) in the case of any services provided by Enterix, supplying the services again or paying the costs of having the services supplied again.
  4. To the extent permitted by law, a) Enterix shall not be liable for any indirect, special or consequential loss or damage suffered or liability incurred by the Purchaser arising out of or in any way connected with the supply or operation of the Test Kits, and b) Enterix's cumulative liability to the Purchaser for all claims made under or in connection with any goods or services provided under these Terms and Conditions will not exceed in the aggregate the amount paid by the Purchaser to Enterix pursuant to these Terms and Conditions.
  5. Enterix may assign these Terms and Conditions to any other person or entity. The rights granted to the Purchaser in these Terms and Conditions cannot be assigned without the consent in writing of Enterix.
  6. If any provision or part of any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, unlawful or unenforceable it shall be severed, and the remaining provisions will remain in full force and effect.
  7. These Terms and Conditions shall be construed according to the laws of the state of New South Wales in Australia and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.