Terms & Conditions

These terms and conditions (‘Terms’) apply when TLC Health Supplies (trading under TLC Aged Care Pty Ltd ABN 20 090 724 726) (‘TLC’) supplies any products (‘Goods’) to any person (‘the customer’), unless expressly agreed otherwise in writing. By purchasing Goods from TLC, the customer recognises and accepts these Terms.

1. Sale and Purchase

1.1 TLC agrees to sell the Goods to the customer as ordered by the customer and stipulated on the respective purchase order.

1.2 TLC reserves the right to decline all or part of any purchase order received from the customer for whatever reason (including where the Goods are out of stock or unavailable), through notification to the customer in a timely and reasonable manner as determined by TLC.

1.3 If TLC declines a purchase order pursuant to clause 1.2 due to some or all of the Goods being out of stock, TLC may propose a substitution of the Goods with similar items.

1.4 A customer cannot cancel any purchase order for Goods, once the purchase order has been placed by the customer and accepted by TLC. The customer is obliged to pay the price of the purchase order, unless TLC expressly agree otherwise in writing.

1.5 Minimum order value for FIS metropolitan Victoria $250 ex gst

2. Payment

2.1 Payment for the Goods is due up-front upon when placing an order for the Goods, and is to be made in full, without deduction or withholding of any kind. Payment by Credit or Charge Card is permissible via the TLC Health Supplies Website.

2.2 Approved accounts credit facility (max $5000 per month) payments are due as per the agreed credit terms. Payment is to be made in full, without deduction or withholding of any kind. Payment by Credit or Charge Card is permissible via the TLC Health Supplies Website.

3. Pricing

3.1 Unless otherwise agreed in writing, the price charged shall be the price listed at the time the customer places the order. TLC may vary its prices at any time.

4. GST

4.1 In this Clause 4:

1. The phrases Consideration, Input Tax Credit, Recipient, Supply, Tax Invoice and Taxable Supply have the meanings given to them in the GST Act.
2. Supplier refers to any party treated by the GST Act as making a Supply under a Contract.

4.2 Unless otherwise expressly stated, all prices, sums payable or Considerations to be provided under these terms are exclusive of GST.

4.3 GST is imposed on Supply’s made under these Terms, hence the Recipient of the Taxable Supply must pay the Supplier an additional sum equal to the GST payable on or for the Taxable Supply. GST must be included in a valid Tax Invoice which is to be issued to the Recipient regarding the Supply.

4.4 Payment of the additional sum must be made at the same time and via the same processes as the initial payment for the Taxable Supply purchased under these terms.

5. Amendments

5.1 TLC reserve the right to amend these terms or product prices at their own discretion, upon reasonable notice to the customer.

5.2 Any amendments to the terms will not affect any orders already accepted by TLC on, or prior to the time that the modified terms were issued to the customer.

5.3 Notification of amended terms may occur by way of an update to TLC’s website, or any others means which TLC deems reasonable. The customer’s placement of any orders following receipt of such notification constitutes acceptance by the customer of the amended terms.

6. Indemnity

6.1 Except as set out by these Terms or otherwise expressly agreed upon in writing, all conditions, representations, warranties, terms and undertakings, whether express or implied, are excluded to the maximum extent allowable as per the relevant laws.

6.2 The customer therefore agrees to indemnify TLC of any damage, loss, injury or death occurring as a result of the Goods, except to the extent caused or contributed to by TLC’s act, negligence or default.

6.3 Nothing in these terms precludes, restrains or adjusts any rights that customers are entitled to under the Australian Consumer Law or any other governing laws which are binding on TLC as a supplier.

6.4 TLC is not responsible for any flaws in manufacturing.

7. Liability

7.1 TLC’s liability for defects in the Goods, the supply of such, or any related services, is limited to the maximum extent permitted by law. TLC therefore has lawful discretion regarding whether they will:

1. Pay the cost of and/or carry out the process of repairing/replacing the Goods (e.g., substitute similar items);
2. Supply any related services again or pay the cost of doing so.

7.2 Under no circumstances will TLC be liable for any consequential, special or indirect loss, damage or loss of profit the customer endures in relation to the Goods.

8. Returns

8.1 This Clause 8 is inapplicable for Goods purchased by customers who amount to consumers within the definition of the Australian Consumer Law, and where a return is made because the goods are not compliant with the consumer guarantees authorized under the Australian Consumer Law.

8.2 Returns are permissible where TLC accepts that the Goods issued to the customer are not fit for purpose.

8.3 To the extent permitted by law, returns will not be accepted if:

1. The Goods were delivered more than 7 days prior to the request for return.
2. The Goods are returned to TLC incomplete, used, damaged, not in their original packaging and/or are in an unsaleable condition.

iii. The Goods were not stored and/or shipped back to TLC in accordance with TLC’s Return Guidelines.

1. The Goods are not returned to the correct address of TLC’s Warehouse.
2. The Goods have expired since being delivered.
3. The reason for return being a change of heart by the customer.

8.4 If it is found that a customer wasn’t eligible to return the Goods due to one of the above reasons, TLC may charge a re-stocking fee, together with any additional charges (e.g., freight), incurred by TLC as a result of the return.

9. Delivery, Risk & Title

9.1 The title & risk of` the Goods is to pass to the customer directly upon delivery to the address provided to TLC by the customer.

9.2 Any delivery time periods proposed by TLC are estimates only. TLC is not liable for any delays in delivery regardless of the cause, or for any delays caused by a customer’s misstep in providing TLC with sufficient delivery instructions or any other relevant instructions. Additionally, shipping & delivery processes do not run on public holidays.

9.3 To minimise delay’s attributed to a customer’s failure to provide satisfactory delivery instructions, it’s suggested that the customer has authorised personnel present upon delivery of the Goods.

9.4 Any delays or failures in the delivery of the Goods does not assign the customer with the right to reject the goods.

9.5 This Clause 9 is subject to any rights the customer has pursuant to the Australian Consumer Law.

10. Force Majeure

10.1 TLC won’t be liable, nor will the customer be eligible to cancel a purchase order as a result of a delay or failure by TLC to fulfill its obligations under these Terms due to an event or circumstance which is beyond TLC’s reasonable control (including fire, earthquake, flood, drought, crime, war, civil action, epidemic/pandemic/outbreaks, medical/health emergency, strike, lockout or labour dispute, shortage of fuel, power or raw materials, procurement conflicts or acts/omission by regulatory authorities).

11. Privacy

11.1 The customer consents to TLC collecting its personal information (as defined in the Privacy Act 1988 (Cth), to provide the customer with the respective Goods or Services. The provision of personal information is imperative as TLC cannot issue the Goods under these terms without such information.

11.2 TLC may contact the customer with marketing material regarding TLC and TLC’s other business functions that may be of interest to the customer. TLC may disclose the customer’s personal information to any related entities and third parties who assist or provide TLC with products/services. TLC may provide the customer’s personal information to its information technology providers who may be located interstate, being in an Australian State or Territory other than Victoria.

11.3 For more information, TLC’s privacy policy can be accessed here, https://www.tlchealthsupplies.com.au/disclaimer-privacy-policy-and-terms-and-conditions.

11.4 The Privacy Policy specific to the use of a TLC website can be accessed here: https://www.tlchealthsupplies.com.au/disclaimer-privacy-policy-and-terms-and-conditions.

 

12. Resupply

12.1 Under no circumstances can the customer on-sell the Goods. If it is found that a customer has sold TLC products as their own, TLC reserves the right to sanction the customer, prohibit them from any further dealings with TLC, as well as initiate proceedings for legal action.

12.2 The customer must not resupply the Goods outside Australia either.

13. Modern Slavery

13.1 In this Clause 13, Modern Slavery has the same meaning as it has in the Modern Slavery Act 2018 (Cth).

13.2 TLC agrees to take reasonable steps to identify, assess and address risks of Modern Slavery practices in the operations and supply chains used in the provision of the Goods.

13.3 If at any time TLC becomes aware of Modern Slavery practices in the operations and supply chains used in the performance of the terms, TLC will, as soon as reasonably practicable, take all reasonable action to address or remove these practices, including where relevant by addressing any practices of other entities within its supply chain.

14. Ethical Sourcing

14.1 TLC endorses ethical sourcing, and that the purchasing of the Goods for offer to the customer were produced and delivered under conditions that:

1. Uphold fundamental human rights.
2. Do not involve the abuse or exploitation of any persons.

iii. Are grown, produced, manufactured and sold in accordance with all the relevant laws of the respective country.

1. Minimize negative impacts on the environment.
2. Miscellaneous

15.1 Nothing contained in these terms shall exclude or modify any conditions, warranties or liabilities which are imposed by provisions of any relevant legislation, including the Australian Consumer Law, to the extent to which any such conditions, warranties or liabilities cannot be lawfully limited.

15.2 The proper law regarding the supply of the Goods is the law of the State of Victoria and any relevant Federal Australian laws. Hence, the customer agrees to adhere to the jurisdiction of the respective Victorian & Federal Courts.

15.3 Unless agreed upon by TLC in writing, no waiver, variation or addition of these terms is to have any effect whatsoever. TLC may vary these terms from time to time. Any variations of the terms will be made effective from a date specified by TLC in writing. By continuing to use the website and purchase Goods from TLC following the effective date, the customer is deemed to have accepted the variation/s and are thus bound to them.

15.4 These terms amount to an entire agreement between TLC and the Customer for the supply of the Goods, and supersedes any prior representations, agreements, arrangements or correspondence relating to the purchase order.

15.5 TLC may appoint any of its rights and obligations to any person. The customer may not assign its rights and obligations to another person without the prior written consent of TLC (such consent will not be unreasonably withheld).