Shipping policy

Superposition Pty Ltd t/a Dr Carlyle Shipping Policy

 

Provisions

 

  1. Definitions “Customer” and “Purchaser” means the person/s buying the Goods as specified in any invoice, document, or order, and if there is more than one Customer is a reference to each Customer jointly and severally. “Goods” means all Goods or Services supplied by Superposition to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ must be interchangeable for the other). “GST” means Goods and Services Tax imposed under the A New Tax System (Goods) and Services Tax) Act 1999 (Cth). “Price” means the Price payable for the Goods as agreed between and the Customer in accordance with clause 5 below.
  2. Acceptance of Terms These terms and conditions apply to any order for Goods placed by a Customer on this website. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order on this website for Goods. These terms and conditions may only be amended with Superposition’s consent in writing and prevail to the extent of any inconsistency with any other document or agreement between the Customer and Superposition. The Customer acknowledges and accepts that Superposition at its discretion, reserves the right not to supply Goods if, for any reason (including but not limited to, where the Goods are not or cease to be available, account disputes or conditions placed on Superposition by its suppliers). Superposition will not be liable to the Customer for any loss or damage the Customer suffers due to Superposition exercising its rights under this clause. Where there is more than one Customer that has entered into the Terms and Conditions, the Customers are jointly and severally liable for all payments. The Goods are as described on the relevant Good webpage as contained on this website.
  3. Orders Any Price quoted, published or otherwise provided by Superposition is a mere invitation to treat and does not constitute a contractual offer. Any order for Goods received from a Customer shall not be binding on Superposition until accepted by Superposition by either formal writing or the act of dispatching the ordered Goods to the Customer. Dexcom Orders: All Dexcom users must read/view all training materials and documentation provided with the product, including but not limited to, the owner’s booklet/user guide, quick reference guides and all other relevant documentation. If the Dexcom user requires further training on the product, they must contact their healthcare professional or contact Superposition for further assistance. In agreement with the Privacy Act 1988 (Cth), the Dexcom user’s records will be maintained in accordance with the National Privacy Principles. The Dexcom user assigns indemnity to Superposition from and against all claims of whatsoever nature (to the maximum extent permitted by law) relating (whether directly or indirectly) to Dexcom G6 Mobile CGM Systems. Receivers, transmitters and sensors are not for resale. Use of non-approved platforms will invalidate the warranty for the receiver and transmitter. Prices on the website are subject to change without notice.
  4. Quotations Any quotation made by Superposition is not an offer to sell and no Purchase Order given in pursuance of any quotation will bind Superposition unless and until such Purchase Order is accepted by Superposition in its absolute discretion. All quotations are subject to withdrawal or variation by Superposition at any time prior to acceptance of a Purchase order.
  5. Price and Payment Generally, the Price for any Goods will be that Price listed for those particular Goods on Superposition’s website or on relevant company pricing lists.Notwithstanding the above Superposition may vary the Price after receipt of an order from a Customer in the event of:Any mistake on the part of Superposition in publishing a Price on Superposition’s website and relevant material;Any increase in any costs charged to Superposition by its suppliers;Any increases in taxes, duties or other charges imposed by any government body in relation to the Goods;Any change to the Goods requested by a Customer;Any increase as a consequence of variations in foreign currency rates of exchange;Any increase in the cost of freight and insurance charges;Any inaccurate specifications provided by the Customer; orAs a result of increases to Superposition in the cost of materials and/or labor.In the event that a Customer has placed an order for Goods which is subject to a variation in Price under clause 5.2, then Superposition will notify the Customer of the variation in Price, along with any reasons for the variation. The Customer may then elect whether to confirm or cancel the order. In the event that the Customer cancels the order Superposition will refund any money already received from the Customer in relation to that order in full.In the case of a cancellation under clause 5.2, the sole extent of Superposition’s liability to the Customer will be the amount of money already paid by that Customer in relation to that canceled order. Superposition will not otherwise be liable for any loss or damage whatsoever arising from the cancellation.Unless otherwise agreed in writing, Superposition will not Deliver any Goods ordered by a Customer until such time as Superposition receives payment in full for those goods.In the event that Superposition agrees to Deliver Goods without payment, payment shall be due and payable within 30 days of Delivery of the Goods.Payment may be made by electronic/on-line banking, or by any other method as agreed to between the Customer and Superposition.Unless otherwise stated, the Price does not include GST. In addition to the Price, the Customer must pay to Superposition an amount equal to any GST Superposition must pay for any supply by Superposition under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
  6. Delivery of Goods Delivery (“Delivery”) of the Goods is taken to occur at the time that:The Customer or the Customer’s nominated carrier takes possession of the Goods at Superposition’s address; or Superposition (or Superposition’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.At Superposition’s sole discretion the cost of delivery of Goods may be either included in the Price being Ex Works (pickup from Superposition’s premises) or be in addition to the Price.The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Superposition will be entitled to charge a reasonable fee for redelivery and/or storage.Superposition may deliver the Goods in separate installments. Each separate installment must be invoiced and paid in accordance with the provisions in these terms and conditions.Superposition will take all reasonable endeavors to ship any ordered Goods within 2 business days of receipt of payment; however, this time is an estimate only. Superposition will only deliver Goods between 9 am and 5 pm on a business day. The Customer must still accept delivery of the Goods even if late, and Superposition will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late. The failure of Superposition to deliver does not entitle either party to treat this Contract as repudiated. Backorders will be shipped as soon as they are available.
  7. Risk Risk of damage to or loss of the Goods passes to the Customer on Delivery, and the Customer is responsible for insuring the Goods on or before Delivery. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Superposition is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Superposition is sufficient evidence of Superposition’s rights to receive the insurance proceeds without the need for any person dealing with Superposition to make further inquiries. If the Customer requests Superposition to leave Goods outside Superposition’s premises for collection or to deliver the Goods to an unattended location, then such Goods must be left at the Customer’s sole risk.
  8. Title Superposition and the Customer agree that ownership of the Goods must not pass until the Customer has paid Superposition all amounts owing to Superposition. Receipt by Superposition of any form of payment other than cash will not be deemed to be payment until that form of payment has been honored, cleared or recognized. It is further agreed that:Until ownership of the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must return the Goods to Superposition on request.The Customer holds the benefit of the Customer’s insurance of the Goods on trust for Superposition and must pay to Superposition the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods, then the Customer must hold the proceeds of any such act on trust for Superposition and must pay or deliver the proceeds to Superposition within 2 business days.The Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Superposition must sell, dispose of or return the resulting product to Superposition as Superposition directs.Until ownership of the Goods passes to the Customer, the Customer irrevocably authorizes Superposition to enter any premises where Superposition believes the Goods are kept and recover possession of the Goods.Until ownership of the Goods passes to the Customer, Superposition may recover possession of any Goods in transit whether or not delivery has occurred.The Customer must not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Superposition.Superposition may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
  9. Personal Property Securities Act 2009 (PPSA) In this clause financing statement, financing change statement, security agreement, and security interest have the meaning given to it by the PPSA. Upon assenting to these terms and conditions in writing, the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all Goods that have previously been supplied and that will be supplied in the future by Superposition to the Customer. The Customer undertakes to:Promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Superposition may reasonably require to;register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;(ii) register any other document required to be registered by the PPSA; or(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii); indemnify, and upon demand reimburse, Superposition for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;not register a financing change statement in respect of a security interest without the prior written consent of Superposition;not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favor of a third party without the prior written consent of Superposition;immediately advise Superposition of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.Superposition and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.Unless otherwise agreed to in writing by Superposition, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.The Customer must unconditionally ratify any actions taken by Superposition under clauses 9.3 to 9.5. Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
  10. Containers and Tracking Devices Superposition retains the right of possession of any dividers, pallets, or tracking devices (including temperature) used for the delivery of the goods, and the Purchaser agrees to indemnify the supplier in relation to the hire and replacement cost of any of these not returned in good order and condition to the supplier within 30 days of delivery of the goods, unless otherwise agreed in writing with Superposition.
  11. Warranties and Returns Goods are subject to varying warranties which may be found on the relevant webpage of particular Goods. Any purchase of Goods is subject