Disclaimer
This site is a source of general information and products only. OrthoStoX strongly recommends that before undertaking any form of self-treatment you seek professional advice. None of the content of this site or products or any other service provided through this site should be relied upon as an alternative to professional medical diagnoses or professional medical treatment. The Company accepts no responsibility whatsoever for any injury or loss arising as a result of reliance on any of the content of this site, of the mis-use of any product, or failure by anyone to have any injury correctly diagnosed.
Except as provided in these conditions, the Company gives no assurances, guarantees, conditions or warranties (express of implied whether by law or otherwise) of any kind whatsoever as to the benefits to be gained by using this site or the products or otherwise. Use of this site is at your own risk.
Any typographical, clerical or other error or omission in any content of this site shall be subject to correction without any liability on the part of the Company. Loss/Consequential/Indirect Loss
Except as provided in these conditions, under no circumstances will OrthoStoX or anyone else mentioned on this site be liable whether under contract, misrepresentation, mis-statement, any tortious act or omission including negligence or otherwise, for any loss or damage whatsoever including indirect, special or consequential loss or damage (including loss of profit, business contracts, revenues or damage to your reputation or goodwill) which arise out of or in connection with the use of this site or the products or the services provided through this site. Links
This site may provide links to other sites for your convenience only but this does not mean that OrthoStoX endorses those other sites. The Company shall not be liable in any manner whatsoever for the content of those other sites which are accessed at your own risk. The Company makes no representations, assurances or warranties (express or implied whether by law or otherwise) about the accuracy, completeness or reliability of any information held or products or services sold on any third party site to which you are linked. The Company may refuse to allow other parties to provide a hyperlink to any part of this site. Indemnity
By using this site you agree and undertake to indemnify and keep indemnified OrthoStoX, its directors, officers, employees, agents, suppliers and licensors ("Us") from and against all damages, losses, claims, demands and expenses, costs and liabilities which any of Us may at any time properly and reasonably incur as the result of your use of this site, the content or any of the products or services in any incorrect manner or which is otherwise prohibited by these conditions or by the products instructions. Privacy
The Information We Collect
OrthoStoX may collect personally identifiable information from Users in a variety of ways, including through online forms for ordering products and services, and other instances where Users are invited to volunteer such information. OrthoStoX may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We may use "cookies" to track how Users use our Web site. A cookie is a piece of software that a Web server can store on the Users PC and use to identify the User should they visit the Web site again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our Web site.
How We Use Information
OrthoStoX may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by OrthoStoX and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users experience with OrthoStoX and such affiliates, independent contractors and business partners. OrthoStoX may also use information collected through our Web site for research regarding the effectiveness of the Web site and the marketing, advertising and sales efforts of OrthoStoX , its trusted affiliates, independent contractors and business partners.
Disclosure of Information
OrthoStoX may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined above. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we may transfer information collected from Users in connection with a sale of OrthoStoX's business.
Maintenance of Information
Information about Users that is maintained on our systems is protected using industry standard security measures. However, we cannot guarantee that the information submitted to, maintained on, or transmitted from our systems will be completely secure. Terms and Conditions
By using this site you agree to the following terms and conditions of sale:
1.General
1.1 These conditions shall be deemed to be incorporated into every contract entered into by OrthoStoX to sell goods and shall not withstanding any statement to the contrary contained in any of the Buyers communications prevail over any conflicting or inconsistent terms and conditions contained in any order, telex, letter, form of contract sent by the buyer to the Company or any other communication between the Buyer and the Company whatsoever and whatever their respective dates unless or to the extent that any variation of these conditions shall be expressly agreed in writing and signed by the Company's directors.
1.2 Any reference in these conditions to any Provisions of statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
1.4 A quotation by OrthoStoX does not constitute an offer and the Company reserves the right to withdraw or revise the same prior to the Company's acceptance of the Buyer's order by the issue of acknowledgement of order.
1.5 OrthoStoX reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable or statutory requirement which dons not materially affect their quality or substantially change their appearance.
1.6 Whilst the provisions, of these terms are considered by the parties to be reasonable in all the circumstances it is agreed that if any provision shall be judged to be beyond what is reasonable in all the circumstances for the protection of OrthoStoX's interests but would be adjudged reasonable if parts of the wording hereof were deleted the said provisions shall apply with such words deleted.
2.Prices
2.1 Subject to the provisions of this condition the price for the Goods shall be as stated in the invoice.
2.2 Unless stated to the contrary all prices quoted are exclusive of GST and the cost of normal delivery and insurance to the point of delivery.
2.3 In addition to the quoted price the Buyer shall pay forthwith against the invoice the Company's reasonable charges for any unusual delivery arrangements or special packaging arrangements made at the Buyer's request.
2.4 During the course of business, prevailing prices may change without notice due to external factors out of the control of the company, such as increasing cost of materials, overheads and exchange currency fluctuations.
2.4.1 OrthoStoX is duty bound to inform its customers of wholesale price increases following the rise and accompanied by the reason for this.
3.Delivery
3.1 Any delivery dates given are in good faith but unless expressly stated to be guaranteed are given for guidance only and no stipulation as to time or period of delivery shall be of the essence of any contract. OrthoStoX's only obligation shall be to deliver within a reasonable time taking into account the time the Company received all necessary information including delivery instructions to enable the Company to deliver the Goods.
3.2 OrthoStoX shall not under any circumstances be liable to compensate the Buyer for any indirect or consequential loss whatsoever (including but not limited to loss of profit or liability to third parties) arising by reason of the Company's failure to deliver the Goods after or within the time period stipulated by the Buyer or that notified by the Company to the buyer or within a reasonable time and whether or not such failure results from the Company's negligence.
3.3 Where the Goods are to be delivered in installments, each delivery shall constitute a separate contract and failure by OrthoStoX to deliver any one or more of the installments in accordance with these conditions or any claim by the Buyer in respect of any one or more installment shall not entitle the Buyer to treat the contract as a whole to be repudiated.
3.4 If OrthoStoX fails to deliver the Goods for any reason other than any cause beyond of the Company's reasonable control or the Buyer's fault and the Company is accordingly liable to the buyer. The Company's liability shall be limited to the excess' (if any) of the costs to the Buyer (in the cheapest market available) of similar Goods to replace those not delivered over the price of the Goods.
3.5 If the buyer fails to take delivery of the Goods or fails to give OrthoStoX adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the buyer’s reasonable control or by reason of the Company's fault) then, without prejudice to any other righter remedy available to the Company, the Company may sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and handling expenses charge the Buyer for the storage (if any) between the sale price and the price under the contract.
4. Payment
4.1 OrthoStoX shall be entitled to invoice the Buyer for the price of the Goods (or any installment) when delivery is tendered or if the Goods are to be collected by the Buyer on notification that the Goods are ready for collection. Payment shall then become due unless credit terms are stated in the invoice in which case payment shall he made according to such terms.
4.2 All periods of credit shall nevertheless cease and the whole of the amounts invoiced and all other amounts due under any contract between the Company and the Buyer shall become immediately due and payable if any of the events mentioned in clause 6.4 arise.
4.3 Time of payment shall be of the essence of every contract.
4.4 The Company shall be entitled to charge interest at the rate of 2% per month on all overdue amounts (the full sum of such monthly interest accruing upon the first day overdue) until actual payment in full irrespective of whether payment has been formally demanded or judgment entered. All legal cost charges and expenses incurred by the Company in receiving any debt shall be paid by the Customer on a full indemnity basis.
5. Risk
5.1 The risk in the Goods shall pass to the Buyer:-
5.1.1 in the case of Goods to be delivered at OrthoStoX's premises at the time the Company notifies the buyer that the Goods are available for collection;
5.1.2 in the case of Goods to be delivered elsewhere at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods at the time when the Company has tendered delivery of the Goods.
6. Retention of Title
6.1 Subject to the power given to the Buyer by his condition, sole and absolute ownership in the Goods shall remain vested in OrthoStoX until all amounts relating to Goods supplied by the Company to the Buyer under this or any other contract have been paid in full and the Company retains the right of disposal of the Goods until ownership passes under this condition.
6.2 Subject to condition 6.4 the Buyer may at any time after delivery use or sell the Goods in the ordinary course of business even though the amount invoiced for the Goods has not been paid in full.
6.3 Until ownership of the Goods passes to the Buyer it shall hold them as bailee in a fiduciary capacity to the Company, and:-
6.3.1 shall store the Goods in a manner which makes them readily identifiable as the Company's: and
6.3.2 shall upon request, promptly inform the Company of the location of the Goods.
6.4 In the event of the buyer defaulting in payment of any amount due for the Goods for seven days (whether or not any agreed credit period has expired) or if the Buyer ceases or threatens to cease to carry on trading or passes or calls a meeting to pass a resolution for winding up or if a receiver is appointed of any of the Buyers assets or if a winding up petition is presented, then the Buyer shall forthwith cease to use or otherwise dispose of the Goods not then used, disposed of or sold and shall upon demand forthwith deliver up to the Company any of the Company's Goods in the Buyer's possession or under its control.
6.5 On making such a demand as in clause 6.4 the Company shall be entitled without incurring any liability to the Buyer to enter the Buyer's premises or any other premises where the Company's Goods are located to inspect the Buyer's stocks and to remove or resell such of the Company's Goods as are to be found there. The Buyers liability to the company in respect of the Goods so removed shall be limited to the amount of any costs or expenses incurred in such removal re-sale.
6.6 Nothing in this condition shall give the Buyer the right to return the Goods without the Company’s consent.
7. Termination and Suspension
7.1 Where OrthoStoX is unable to supply or deliver the Goods by its normal route or means of delivery owing to any of the following:-
7.1.1 the Buyer's failure to supply any necessary ,information: or
7.1.2 any other reason beyond the Company's reasonable control -
including (without prejudice to the generality of the foregoing expression) shortages or unavailability from normal sources or routes of supply of raw materials. breakdown of plant, reduction or unavailability of power at the manufacturing plant, strikes, lock-outs, act of Government, fire, flood. Queen's enemies, explosion lightning, aircraft civil commotion, acts of war, malicious mischief or theft - then the Company shall have the right on giving written notice to the Buyer and without incurring any liability to him to suspend further performance of this contract for a period (not exceeding 3 months) equal to the continuance of any such impediment preventing the Company from performing its obligations.
7.2 At the end of any period of suspension without performance of the contract under clause 7.1.1 the Company may terminate this contract by notice in writing to the Buyer or under clause 7.1.2 either party may terminate this contract by notice in writing to the other
7.3 In the event that:-
7.3 1 the Buyer is in arrears making any payment to the Company under any contract: or
7.3.2 the Buyer’s stated credit limit with the Company has been reached or
7.3.3 the Company believes on reasonable grounds that any payment (whether or not any agreed limit has expired) will not be met by the Buyer when due; or
7.3.4 any of the events described in clause 6.4 occur, then the Company may suspend further work and/or deliveries under any contract with the Buyer and require immediate payment of all amounts then due to the Company and further payment in advance before making any further deliveries under any contract (notwithstanding agreed credit terms) without prejudice to any claim for damages it may have against the Buyer and without incurring any liability to the Buyer for failure to deliver
7.4 When a contract is terminated or suspended under this condition then:-
7.4.1 the Company shall be entitled to charge the Buyer with any costs and charges arising from any such termination or suspension:
7.4.2 the Buyer shall forthwith pay for and where appropriate take delivery of all Goods appropriated by the Company to the contract up to the date of any such termination or suspension.
7.5 If the right is conferred on the Buyer by clause 7.2 the Buyer shall have no right to suspend or postpone performance or terminate any contract for any reason other than the Company's repudiation of it.
8. Inspection and Claims
8.1 The Buyer shall procure that a thorough inspection of the Goods is made immediately upon delivery and in any event before they are resold or otherwise dealt with by or on behalf of the Buyer.
8.2 Claims in respect of defects or errors in quality or description or quantity reasonably discovered on such an inspection shall be made within 24 hours of delivery by fax backed up by hard copy written notice in the post and in the absence of such claim the Goods shall be deemed to have been delivered and accepted by the Buyer complete and satisfactorily unless the Buyer proves that:-
8.2.1 it was not possible to comply with these requirements: and
8.2.2 advice (where required) was given and the claim made as soon as reasonably possible.
8.3 It is the Buyer’s entire responsibility to satisfy himself that the Goods are suitable for the purposes and/or conditions for which they are required.
9. Warranties
9.1 OrthoStoX warrants that the Goods will correspond as to quality and description with the Company's own specification and will be fit for the purposes and condition of use for which goods of that description are generally sold by the Company.
9.2 Except as expressly provided in these conditions, there is no representation, condition, warranty or term (whether in each case express, implied, statutory or otherwise) as to the description or fitness for any purpose of the Goods or their correspondence in quality with any sample or description.
9.3 Any materials or goods supplied by the Company which are produced by anyone other than the Company are warranted only to the extent of the original suppliers warranty
10. Liability
10.1 Where the Goods are alleged to be defective the Buyer shall notify OrthoStoX pursuant to the provisions of clause B above and where possible shall afford the Company the opportunity of examining before they are resold or otherwise dealt with and further:-
10.1.1 the Buyer shall give the Company a reasonable opportunity of correcting any remedial defects or errors at the Company's own cost; and
101.2 the Buyer shall at the Company's request return them to the Company on the basis that the Company will thereafter reimburse the Buyer the cost of such return provided that it is reasonable and
10.1.3 if the Buyer agrees an allowance with the Company in respect of such matters then such allowance shall be accepted by the Buyer in full and final settlement of all claims in respect of any such matters.
10.2 The Company's liability (if any) to the Buyer in respect of the Goods shall in all circumstances be limited to the Company’s option either to give a refund of the amount paid by the Buyer to the Company, or a reasonable credit or allowance for those of the Goods proved to be defective or replacing them at the agreed point of delivery.
10.3 Except in respect of death or personal injury caused by the Company s negligence or as provided in these terms and conditions the Company shall not under any circumstances be liable in contract or in part to the Buyer and in particular shall not be liable to compensate the Buyer for any indirect or consequential loss whatsoever (including but not limited to loss of profit or liability to third parties).
10.4 In all cases it shall be the responsibility of the Buyer to properly store, handle and generally deal with the Goods following delivery. The Company does not accept any liability in respect of any defects in the Goods arising as a result of the Buyers negligence or mishandling or in cases where there is physical evidence of damage to the packaging.
11. Set Off
11.1 The Buyer shall not be entitled to set-off any claim against payment of any amounts owing to OrthoStoX.
12. Waiver
12.1 Any concession, latitude or waiver allowed by either party to the other at any time shall not prevent such party from subsequently exercising its full right under this contract in other respects.
13. Jurisdiction
13.1 The validity, construction and performance of these conditions in any contract between OrthoStoX and the Buyer shall be subject to and construed in accordance with Australian Law and the Buyer shall submit to the exclusive jurisdiction of the Australian Courts and specifically to the jurisdiction of the State or High Court (as may be appropriate) nearest to the Company’s premises.
14 Interference
14.1 The Buyer shall not alter, obscure, remove, conceal or otherwise interfere with any markings or other identification or source or origin placed by OrthoStoX on the Goods or on their labelling or packaging.
15 Third party Rights
15.1 If the Buyer uses or sells the Goods in such a manner as to incur liability to any third party then such liability shall be the sole responsibility of the Buyer which shall indemnify OrthoStoX from and against such liability.
15.2 The Buyer shall not make any representations, warranties or guarantees with reference to Goods supplied by the Company except such as are consistent with these conditions.
|
