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Terms and Conditions

1. Payment Terms

Payment for any purchases under this Agreement is due no later than 30 days from the date of the statement issued by Bard.

2. Acceptance of Purchase Orders

All purchase orders are subject to acceptance at Bard Australia Artarmon Office and will be deemed accepted only when confirmed in writing or upon Bard’s commencement of performance. For convenience, customers may make inquiries or place purchase orders or make inquiries by calling toll free, by mailing, by emailing or by faxing as follows:
 
Bard Australia Pty Ltd
22 Lambs Road
Artarmon NSW 2064
 
Attention: Customer Service Department
Email: sales.australia@crbard.com
Customer Service Toll Free Number: 1800 257 232
Fax: 1800 625 701
 

GST and Other Taxes

  1. If Bard is liable to pay GST in respect of Supplies made pursuant to this Agreement, it will invoice the Customer with that amount of GST. The Customer will then pay that amount to Bard within 30 days of the date of the statement, which may or may not be the statement issued under Section 1 of this Agreement.
  2. Unless otherwise specified in this Agreement, the Customer will be responsible for and must pay all taxes and duties incurred in connection with the supply of products and/or services under this Agreement to the Customer and otherwise in relation to this Agreement.

4. Shipments

  1. Goods will be delivered Free-In-Store to the Customer for any orders above $750. Orders of less than $750 will attract a $50 handling fee.
  2. Bard reserves the right to, in its sole discretion; deliver any order of the Supplies in one or more parts, unless otherwise agreed with the Customer in writing at the time the order is placed.
  3. The risk to the Supplies passes to the Customer upon delivery.
  4. Although Bard takes special care in the packaging of the Supplies, damage may occur in transit. All Supplies should, therefore, be inspected on arrival and any damage noted on the delivery docket and reported to the carrier, upon receipt of the Supplies.
  5. Delivery dates specified by Bard are estimates only and Bard will use all reasonable endeavours to meet specified times. Bard will not accept any liability for delay in delivery for any cause whatsoever.
  6. If, for any reason beyond Bard's control (including but not limited to war, strike, lockout, industrial dispute, governmental unrest, fire, flood storm, delay in obtaining licences, transport or materials, accident or other delay to its business or its suppliers), Bard is prevented from making a delivery in the time specified or at all, Bard may elect to either extend the time for delivery by a reasonable period or may terminate the relevant order of Supplies. The Customer will not in either case be entitled to claim any damages and must pay for all Supplies supplied prior to the termination. 

5. Return Goods and Allowance Policy

  1. The rights and benefits provided to the Customer in Section 4 are in addition to other rights and remedies the Customer may have under a law in relation to the goods or services to which this section relates.
  2. In addition to any other rights or remedies available to the Customer at law, the Customer can only return Supplies in accordance with this Agreement and must obtain authorisation from Bard or a Bard account representative before any such Supplies can be returned for repair, replacement, or credit. To obtain a return authorisation number, the Customer must provide Bard at the contact details set out in Section 5.9 below with:
    • the Bard catalogue  number and quantity of the Supplies to be returned;

    • the reason for the return; and

    • at least one of the following:

      1. the applicable Customer order number;

      2. the applicable Bard invoice number; and

      3. the applicable Bard product lot or serial number

  3. Subject to any other rights or remedies available to the Customer at law, the Customer is not entitled to return nor eligible to receive repair, replacement, or credit for any Bard product described below (“Non-Returnable Products”):

    • ​​product shipped in error and returned more than 60 days after the date of the applicable Bard invoice (unless such product is subject to a recall arising out of the negligent acts or omissions of Bard (a “Qualified Recall”))

    • non-defective product returned in quantity less than Bard’s original unit of sale;

    • non-defective product returned more than 30 days after date of applicable Bard invoice (unless part of a Qualified Recall);

    • defective product returned after expiration of applicable warranty period (unless part of a Qualified Recall);

    • product sold for single use that has been re-used or reprocessed;

    • product that has been altered, abused or misused; or

    • product that has been adjusted or repaired by anyone other than an authorised Bard representative

  4. With regard to those Bard products (other than Non-Returnable Products) for which the Customer has obtained a return authorisation number, Bard will accept returns of such products only if the products are:

    1. defective and returned within the applicable warranty period;

    2. not defective, in saleable condition and returned within 30 days of the corresponding Bard invoice date;

    3. subject to a Qualified Recall; or

    4. returned within 60 days of the corresponding Bard invoice date and represent product shipped in error by Bard (such products, collectively, “Authorised Return Products”)

  5. All Authorized Return Products must be returned to:

    Bard Australia Pty Limited
    22 Lambs Road
    Artarmon NSW 2064 

    Freight prepaid by the Customer.  Any Authorised Return Product returned freight collect will be refused by Bard and returned to the Customer at its expense (unless part of a Qualified Recall).

  6. For those Authorised Return Products that Bard has elected to provide a credit, Bard will issue a credit to the Customer within 30 business days of Bard’s receipt of the Authorised Return Product, based on the original product purchase price, in accordance with the following:

    Condition

    Credit

    Defective product returned within applicable warranty period

    Full credit

    Non-defective product returned in saleable condition within 30 days of corresponding Bard invoice date

    Full credit
    Minus $100 re-stocking fee
    Freight paid by customer

    Product shipped in error by Bard and returned in saleable condition within 60 days of corresponding Bard invoice date

    Full credit

    Product subject to a Qualified Recall

    Full credit

  7. Authorised Return Products must be returned:

    • by the same method as was used to deliver the products to the Customer; and
    • in their original packaging and in their original and unmarked condition.
  8. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  9. The rights and benefits provided under this Section are provided by Bard Australia Pty Ltd, with its principal place of business at 22 Lambs Road, Artarmon NSW 2064, Australia, customer service: 1 800 257 232. Any claims made under this Section must be sent to this address.

6. Insolvency

  1. If an Insolvency Event occurs in relation to the Customer: 

    • the Customer grants to Bard or Bard's nominated representatives the right to enter onto the Customer's premises to remove any of the Supplies; and/or

    • Bard will be entitled to cancel all or part of any order and/or terminate this Agreement immediately by notice in writing.

  2. For the purpose of this Section, an "Insolvency Event" means the happening of any one or more of the following events:

    1. if the Customer is presumed to be insolvent pursuant to section 459C of the Corporations Act 2001 or becomes an "externally administered body corporate" as defined in the Corporations Act 2001;

    2. if the Customer is or becomes unable to, or states that it is nor may be about to become unable to, or Bard has grounds for suspecting that the Customer is or may be about to become unable to pay all of its debts, as and when they become due and payable;

    3. anything having a substantially similar effect to any of the events specified in the preceding paragraphs happens to the Customer under the law of any jurisdiction.

 7. Assignment

  1. The Customer will not without the prior written consent of Bard assign, transfer, sub-let or sub-contract or any part of it or any of its rights or obligations under this Agreement. Any such consent will not relieve the Customer from any of its obligations under this Agreement.

8. Governing Law

  1. This Agreement is governed by the laws of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State.

** If any item on the invoice is “nil” price, the following disclaimer apply: “The product samples that were provided to you as identified herein are for your internal use and for evaluation purpose only. By accepting the product sample(s), you agree that the product samples shall not be resold to third parties. Any unused product samples shall be returned to Bard. By accepting the product sample(s) you acknowledge that the product samples are provided free of charge.” **