Terms and Conditions – Wholesale

Terms & Conditions of Sale

In this document, “we,” “our,” “us,” or any variation of those words means SunaHealth Labs Pty Ltd, its successors, related entities, and assigns; “you” or any variation of the word means the person described in section A of your Account Application; “guarantor” means the person described as such on your Account Application; and “products” means any goods supplied to you pursuant to these Terms and Conditions.

SALE OF COMPANY PRODUCTS

We sell multiple products that are governed by these general terms and conditions and, from time to time, by terms and conditions specific to the product.

Copies of Product Policies can be obtained from us by email info@sunahealthlabs.com.au

STATUS OF PRICE LIST

The price applicable to a supply made by us is the price recorded on the invoice pertaining to that supply. Formal quotes prior to order are valid for 30 days from the date of the quote. We are entitled to vary the prices of our products without notice to you.

PAYMENT

Prepaid/Credit Card Accounts

Prepaid accounts require payment of the order prior to the dispatch of goods.

Credit Accounts

Standard terms of trade are 30 days EOM for customers who qualify for a credit account, unless specified otherwise. Credit limit restrictions may apply. Accounts exceeding the granted credit limit will require payment prior to the due date.

Interest at the rate of 2% per month will be payable to us on any amounts owed and not paid by the due date. In addition to any overdue amounts and interest payable, you agree to pay on demand our costs of recovering any amount overdue, including but not limited to the cost of time spent by our staff in seeking payment from you, legal costs, and mercantile agent fees.

The guarantor hereby guarantees payment to us of any money owing to us by you from time to time and indemnifies us for any loss we suffer if you do not pay us the full value of any products we have sold to you. If your debt to us is decreased or rendered irrecoverable because of a law relating to insolvency, the guarantor’s liability is not affected. To secure payment of any amount owing to us, you and the guarantor charge in our favour any interest you or the guarantor have in any real property from time to time and consent to our lodging a caveat to reflect our interest. The obligations in this clause survive termination of this agreement and are not affected if the guarantor ceases to hold a position within your organisation.

Payment of our invoices and accounts can be made by any of the following methods:

(a) By Direct Deposit
Refer to your invoice for payment details.

(b) Credit Card by Phone
We accept Credit Cards: American Express, MasterCard, Visa.

When making any direct deposit into our account, you must include the your invoice reference number as a reference or statement month. We will not be responsible for any failure or delay in correctly allocating your payment as a result of you failing to provide the correct reference. 

TITLE OF GOODS

SunaHealth Labs shall retain title to all goods until paid for in full, at which time the goods become the property of the customer.

DELIVERY CHARGES

A freight charge of $10.00 ex GST will apply for all orders less than $200.00 ex GST (excludes Back Orders) within Australia. Orders collected from our warehouse or clinic facility will not incur a handling fee. Special delivery requests or arrangements may incur additional delivery charges. Freight costs associated with international shipments will be applied to your account unless a specific agreement is made to the contrary.

TITLE AND RISK / PROPERTY AND OWNERSHIP

Risk in all products lies with you from the time they are delivered to you or as you direct.

Legal title to all products remains with us until you pay all debts you owe to us, or you sell the products in the ordinary course of business (in which case we shall have a lien over the proceeds of sale). Until legal title passes to you, you agree to store all products at your premises in a manner appropriate to their nature. If you do not pay for any one or more products by the due date for payment, we are entitled to:

• Require you to return all products to us and enter your premises to recover them without liability to you; and/or
• Take recovery action for the price of the products, in which case title to the products shall pass to you only once you have paid in full all debts you owe to us.

You agree that we are entitled to register our interest in any products delivered for which payment in full has not been received. You agree to indemnify us for any costs incurred by us in enforcing our interest.

COMPLIANCE WITH REGULATORY REQUIREMENTS

It is your responsibility to ensure that, in distributing any products, you comply with any applicable State and Federal laws, including the Therapeutic Goods Act 1989 and any other law that regulates the public display and sale of goods. You agree to indemnify us in relation to any claim arising from your failure to observe any law regulating the public display and sale of goods that we sell to you.

INTELLECTUAL PROPERTY AND BRANDING

All product names, logos, and materials are the property of SunaHealth Labs Pty Ltd and must not be reproduced without prior written consent.

ORDERING AND DELIVERY

Each order you place is a separate contract, governed by these Terms and Conditions as amended from time to time. We will endeavour to dispatch orders received by 5:00 pm on a business day the next day. We will take all necessary measures in transportation to ensure that temperature sensitive are couriered in cool conditions unless specified by you not to do so. If we cannot fill any order you have placed, you will be entitled to a refund of any amount paid in respect of that order unless we fill the order before you request a refund. You may not hold us liable for any additional amount. You agree to notify us immediately if your business is transferred to another person or company. You agree that unless such notification is made, you will be jointly liable with the transferee for any amounts incurred on your account with us after the transfer.

CREDITS AND RETURNED ITEMS

You will be liable to pay us in full for any products we deliver to you unless you notify us within forty eight (48) hours of the delivery of products falling under the following criteria:

• When delivered, the products were damaged or otherwise unfit for resale; or
• The products are returned to us unopened and in a saleable condition, and:-
  • they were shipped to you in error, or
  • we have expressly agreed to give you a credit.

You must provide the invoice number, product, batch numbers, quantity, and reason for return when you contact us. If you return any product otherwise than in accordance with the above conditions, we will dispose of them as we see fit; however, you will remain liable to us for their full price unless a special circumstance is agreed to by us. We may arrange pickup at our discretion for an authorised return. 

CREDIT LIMIT

You acknowledge that we may unilaterally extend credit to you in excess of the credit limit you have nominated (if any), and that you and the guarantor will continue to be bound by these Terms and Conditions notwithstanding such extension.

PRIVACY

Any personal information collected by us through your use of this website will be dealt with in accordance with our Privacy Policy. For a copy of the policy, please visit sunahealthlabs.com.au

ACCEPTANCE

You and the guarantor agree that the transaction of business between you and us after you receive this document shall be sufficient acceptance by all parties of its terms, and you and the guarantor waive any right you may otherwise have had to be expressly notified of acceptance. You and the guarantor acknowledge and agree that we are entitled to take any action and make any request pursuant to this agreement despite its termination.

We reserve the right to update, amend, and/or vary these terms and conditions at our discretion. You and the guarantor agree to be bound by any updated, amended, or varied terms and conditions as made upon notification by us of the update, amendment, or variation. You agree that it shall be sufficient notification if amended terms and conditions are printed on the reverse side of invoices or other documents sent to you by us.

ABN: 17 677 228 741
SunaHealth Labs Pty Ltd
903/275 Alfred Street,
North Sydney NSW 2060, Australia
Email: info@sunahealthlabs.com.au
Website: www.sunahealthlabs.com.au