Terms & Conditions

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. Orders placed with and accepted by Enterix will be accepted strictly subject to these Terms and Conditions, which prevail over any terms and conditions of the Purchaser's order, and the placing of such orders shall be conclusive of the fact that the Purchaser has read, understands and agrees to these Terms and Conditions. Any amendment to these Terms and Conditions must be agreed in writing by Enterix.
   
   
3. The price payable for the Test Kits shall be the price provided for in the current Enterix [price list] issued from time to time. Enterix reserves the right to amend prices at any time by notice in writing to the Purchaser. Unless otherwise stated, the price is exclusive of all taxes, duties and charges of any kind (including GST), which are payable by the Purchaser.
   
   
4. 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.
   
   
5. Legal title in the Test Kits will pass to the Purchaser only upon full payment to Enterix for the Test Kits.
   
   
6. Due to the nature of the Test Kits, subject to these Terms and Conditions, Enterix has a NO RETURN policy. Test Kits returned by the Purchaser will be destroyed as the reliability of the test cannot be guaranteed due to the uncontrolled environment after distribution from Enterix's premises. Therefore, subject to item 7) below, payment is due by the Purchaser on the whole amount of the invoice issued (based on the Purchaser’s order) even if some or all of the Test Kits are returned to Enterix prior to payment of the invoice by the Purchaser.
   
   
7. To the extent permitted by law, Enterix is not obliged to give a refund to the Purchaser in relation to any Test Kits if the Purchaser a) simply changes its mind, or b) makes a wrong decision. In addition to any rights the Purchaser has at law, the Purchaser can choose between a refund, exchange or credit 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. Any claims for short delivery or Test Kits damaged in transit must be made in writing to Enterix within 5 days from the date of invoice. Claims after this period will be rejected by Enterix.
   
   
8. There is up to 24 months expiry date on the Test Kits from the date of manufacture. Enterix will replace any expired Test Kits free of charge within 9 months of the dispatch date upon notification from the purchaser. Expired Test Kits must be returned to Enterix by the purchaser before replacement stock is dispatched.
   
   
9. 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 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.
   
   
10. The Purchaser must at all times a) handle, store and distribute the Test Kits strictly in accordance with instructions and directions given by Enterix, b) 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, and c) not modify, adapt, or alter any Test Kit or combine any Test Kit with any other product.
    
    
11. The Purchaser acknowledges and agrees that the terms of payment are" Strictly 30 day from the date of the Invoice". In the event that any amount owed to Enterix becomes overdue, Enterix reserves the right to charge interest on that amount on a day-to-day basis at the annual rate of 2% above the prevailing corporate overdraft rate of the Commonwealth Bank of Australia as quoted in the Australian Financial Review on the date of calculation (or any rate that replaces that rate) from the date when payment became due until the date on which payment has been received together with any interest which has accrued. The Purchaser has no right to set-off payment of any amounts due to Enterix.
    
    
12. 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.
    
    
13. 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 20) below, the Purchaser must inform Enterix in writing within 7 days of any change in Purchaser's business or corporate structure.
    
    
14. Any signatory for a proprietary company Purchaser warrants to Enterix, by signing a document on behalf of the Purchaser, that it has the necessary power and authority to do so.
    
    
15. 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.
    
    
16. Enterix will endeavor 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.
    
    
17. To the extent permitted by law and subject to item 18), 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.
    
    
18. 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.
    
    
19. 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.
    
    
20. Enterix may assign these Terms and Conditions to any other person or entity. The rights granted to the Purchaser in these Terms and Conditions are personal and cannot be assigned without the consent in writing of Enterix.
    
    
21. These Terms and Conditions constitute the entire agreement between the parties. 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.
    
    
22. These Terms and Conditions shall be construed according to the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.