1. Definitions
“Company” means Novaura Medical & Hygiene Supplies Pty Ltd.
“Customer” means the applicant requesting credit.
“Goods” means all products supplied by the Company.
“Agreement” means these Terms & Conditions and any credit application.
2. Acceptance
By signing the Credit Application, the Customer agrees to be bound by these Terms & Conditions. These terms apply to all transactions unless otherwise agreed in writing.
3. Credit Terms
- Credit approval is at the sole discretion of the Company.
- Standard terms: 14 days from invoice date (as approved).
- The Company may vary, suspend, or cancel credit at any time without notice.
4. Pricing & Payment
- Prices are in AUD and may change without notice.
- Payment must be made in full by the due date.
- Accepted methods: Bank Transfer, PayID, Credit Card (surcharge may apply).
5. Default & Interest
If payment is not made by the due date:
- Interest may be charged at 10%–15% per annum (or maximum allowed under law).
- The Customer agrees to pay all collection, legal, and recovery costs incurred.
- The Company may suspend further supply immediately.
6. Retention of Title (ROT)
- Ownership of Goods remains with the Company until full payment is received.
- The Customer holds Goods as bailee until paid in full.
- The Company may repossess Goods without notice if payment is overdue.
7. PPSA (Personal Property Securities Act 2009)
- The Customer grants the Company a security interest in all Goods supplied.
- The Company may register this interest on the Personal Property Securities Register (PPSR).
- The Customer agrees to:
- Sign any documents required to perfect the security interest.
- Not grant any competing security interest over unpaid Goods.
8. Risk & Delivery
- Risk passes to the Customer upon delivery.
- The Company is not liable for delays or transport damage unless required by law.
- Claims for shortages/damage must be made within 96 hours of delivery.
9. Returns & Claims
- Returns must be pre-approved in writing.
- Goods must be unused, in original packaging, and in saleable condition.
- The Company reserves the right to apply a restocking fee.
10. Warranties
- Goods are supplied with guarantees under the Australian Consumer Law (ACL).
- To the extent permitted by law:
- The Company’s liability is limited to replacement or credit of Goods.
- No liability for indirect or consequential loss.
11. Limitation of Liability
- The Company is not liable for:
- Loss of profits
- Business interruption
- Consequential or indirect damages
Total liability is limited to the value of the Goods supplied.
12. Cancellation
- Orders cannot be cancelled once processed or dispatched without Company approval.
- Cancellation fees may apply.
13. Force Majeure
The Company is not liable for failure to perform due to events beyond its control, including:
- Supply chain disruptions
- Natural disasters
- Government restrictions
14. Personal Guarantee
- Where applicable, directors/owners signing the application personally guarantee payment of all debts.
- They agree to joint and several liability.
15. Privacy & Credit Information
- The Customer authorises the Company to:
- Obtain credit reports
- Exchange information with credit reporting bodies
Information is handled in accordance with the Privacy Act 1988.
16. Governing Law
This Agreement is governed by the laws of Victoria, Australia, and the parties submit to the courts of that jurisdiction.
17. General
- If any clause is unenforceable, the remaining terms remain valid.
- These Terms override any inconsistent Customer terms.
