Terms and Conditions
In these conditions "HARTMANN" means Paul HARTMANN Pty Limited or any related corporation or legal entity; "customer" means the person, firm, corporation, government or semi-government authority purchasing goods and/or services from HARTMANN and "conditions" means these terms and conditions. Goods means such products, including but not limited to the supply of medical, pharmaceutical and other goods and services, as HARTMANN may at its discretion agree.
1.1 These terms and conditions shall apply to the supply of medical, pharmaceutical and other goods and services by HARTMANN to the customer.
1.2 HARTMANN is not bound by any terms or conditions contained in any sample request, order, or other similar document of the customer delivered to HARTMANN with respect to the order of sample products, services or otherwise which are at variance with, in derogation from or additional to these general terms and conditions. The customer is bound by these conditions notwithstanding anything to the contrary in any sample order, online form or other similar document delivered by the customer to HARTMANN.
2.1 The matters referred to in these terms and conditions constitute a contract between HARTMANN and the customer. These terms and conditions shall prevail over any other terms and conditions that may contain terms and conditions that may be inconsistent or contrary to those contained herein.
2.2 These terms and conditions shall apply to the exclusion of all other agreements and prior representations, unless subsequently evidenced in writing by HARTMANN and the customer, and, together with each invoice and any supplementary agreement or other agreed document that references or is ancillary to these terms and conditions, shall be the whole of the contract between HARTMANN and the customer.
2.3 HARTMANN in its reasonable discretion reserves the right to cease supply, discount or suspend the supply of goods and/or services to any customer at any time.
2.4 No agent or representative of HARTMANN is authorised to make any representations, warranties, conditions or agreements not expressly confirmed by HARTMANN in writing and HARTMANN is not bound in any way by such unauthorised statements nor can such statements be taken to form part of these terms and conditions.
3. DESCRIPTION OF GOODS
3.1 The description of goods and/or services as stipulated by product sample requests is provided by way of identification only and the use of that description shall not constitute a description under any contract of free sale. Any description of any goods in any brochure, document or other sales literature,including this website, used by HARTMANN shall not form part of any agreement between HARTMANN and the customer.
4.1 Unless HARTMANN otherwise agrees in writing, GST, delivery, carriage insurance, handling, storage and packaging and any other expenses relating to the goods shall be not be charged to the customer.
4.2 In the absence of specific instruction from the customer, HARTMANN will select the carrier and make such agreement with the carrier on behalf of the customer as HARTMANN in its absolute discretion deems appropriate.
4.3 HARTMANN will make all reasonable efforts to have the goods delivered to the customer on the date agreed between the parties, but time is not of the essence of this contract and HARTMANN will not, in any event be liable for any loss or damage directly or indirectly sustained from any delay in delivery or failure to give notice of any such delay.
4.4 HARTMANN reserves the right to deliver the goods by instalments at its absolute discretion and in such circumstances the customer shall accept delivery of such goods by instalments.
4.5 Where in order to deliver or collect goods, HARTMANN or its carrier enters upon the customer's premises the customer shall provide full and safe access to HARTMANN or its carrier and shall be liable for and indemnify HARTMANN and its carrier against the cost of all loss, damage to property and injury to persons, occurring directly or indirectly as a result of the failure by the customer to ensure the said full and safe access.
4.6 Claims by the customer for short, damaged or incorrect deliveries are void as all goods are provided without charge as free samples.
5. OWNERSHIP AND RISK
5.1 After the goods leave HARTMANN's premises, or the premises of HARTMANN’s warehouse and distribution partners, they shall be at the risk of the customer and any damage to the goods shall be the customer’s responsibility, HARTMANN will not incur any costs due to lost, undelivered or damaged product samples.
6. INTELLECTUAL PROPERTY
6.1 The customer acknowledges that HARTMANN owns all rights (including all intellectual property rights) in all documents, materials and information (including website content, service and advice documentation and training presentation documents) relating to the goods and services supplied by HARTMANN to the customer under these terms and conditions (Materials).
6.2 HARTMANN grants to the customer a perpetual, non-transferable, non-exclusive, royalty free licence to use and/or exercise all intellectual property rights in the Materials solely for the purposes of utilising the goods and services supplied by HARTMANN to the customer under, and in the manner contemplated by, these terms and conditions.
7. FORCE MAJEURE
7.1 To the extent permitted by law the customer releases HARTMANN from all and any liability for and in relation to or occurring out of any failure or transaction in performance of its obligation hereunder done in part or in whole to any cause whatsoever beyond HARTMANN's reasonable control.
8.1 No waiver of any breach of these conditions shall be held or construed to be a waiver of any other subsequent or antecedent breach of these conditions.
9. IMPLIED CONDITIONS AND WARRANTIES
9.1 All implied conditions and warranties (statutory or otherwise) are hereby expressly excluded from these terms and conditions insofar as they are capable of being excluded by agreement.
10. FITNESS FOR PURPOSE
10.1 The customer shall not rely upon HARTMANN's expertise or judgement as to fitness or suitability of use for which the customer may require the goods and or service.
11.1 If at any time a provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under the laws of Australia, that will not affect or impair the legality, validity or enforceability of any other provision of these terms and conditions.