Terms & Conditions
Last updated: 14th May 2025 · JV Medical – Medical & Healthcare Supplies
This Trade Supply Agreement ("Agreement") applies to all goods supplied by JV Medical to trade, institutional, and commercial customers.
By placing an order or accepting supply, the Customer agrees to be bound by these Terms.
1. Definitions
- Supplier means JV Medical – Medical & Healthcare Supplies
- Customer means the purchasing entity or individual
- Goods means all medical and healthcare products supplied
- PPSA means the Personal Property Securities Act 2009
2. Application of Terms
These Terms override any inconsistent terms in purchase orders or other documents unless expressly agreed in writing by the Supplier.
Placement of an order constitutes acceptance of these Terms.
3. Trade Use Only
The Customer warrants that:
- Goods are purchased for business, professional, or institutional use
- The Customer is not a consumer under certain provisions of the Australian Consumer Law, where applicable
- The Customer has authority to enter into this Agreement
4. Orders & Acceptance
- All orders are subject to acceptance by the Supplier
- The Supplier may accept, reject, or partially fulfil any order at its discretion
- The Supplier is not bound until written confirmation or dispatch occurs
- The Supplier may cancel any order at any time prior to dispatch
5. Pricing & Variations
- All prices are in AUD and include GST unless stated otherwise
- Prices may be changed without notice prior to acceptance of order
- Quotes are valid for 30 days unless otherwise stated
- The Supplier may adjust pricing due to supplier cost increases, freight changes, or currency fluctuations
6. Payment Terms
- Payment is strictly required prior to dispatch unless credit terms are approved in writing
- Approved credit accounts must comply with agreed payment terms
- The Supplier may suspend or refuse supply for overdue accounts
- The Customer is liable for all recovery costs, including legal fees on a full indemnity basis
7. Delivery, Risk & Title
- Delivery is made from the Supplier's warehouse using third-party carriers
- Delivery dates are estimates only and not guaranteed
- Risk in Goods passes to the Customer upon dispatch from the Supplier's premises
- The Supplier is not liable for loss, damage, or delay in transit
8. Title Retention
- Title in Goods remains with the Supplier until full payment of all amounts owed is received
- Until title passes, the Customer holds Goods as fiduciary bailee for the Supplier
- The Supplier may repossess Goods without notice if payment is overdue
- The Customer grants irrevocable right for the Supplier to enter premises to recover Goods
9. PPSA Security Interest
The Customer acknowledges that:
- This Agreement creates a security interest in favour of the Supplier over all Goods supplied
- The security interest secures all amounts owed now or in the future
- The Customer consents to registration of the Supplier's security interest under the PPSA
- The Customer waives the right to receive notices under sections where waiver is permitted under PPSA
To the maximum extent permitted by law, the Customer agrees that:
- Sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135, and 137 of the PPSA do not apply
- The Customer waives the right to require the Supplier to remove the registration until all obligations are satisfied
10. Enforcement Rights
If the Customer defaults, the Supplier may:
- Repossess Goods without liability
- Enter premises where Goods are stored
- Sell or dispose of recovered Goods
- Apply proceeds against outstanding debts
- Recover all enforcement costs on a full indemnity basis
11. Warranty & Compliance
- Goods are supplied in accordance with manufacturer specifications
- Any statutory warranties under the Australian Consumer Law apply only to the extent required by law
- No additional warranties are provided unless expressly stated in writing
12. Liability Limitation
To the maximum extent permitted by law:
- The Supplier's liability is limited to replacement, repair, or refund of Goods at its discretion
- The Supplier is not liable for indirect, consequential, or business loss, including loss of profit or revenue
- The Customer assumes full responsibility for suitability and use of Goods
13. Force Majeure
The Supplier is not liable for delay or failure to supply caused by events beyond reasonable control, including supply chain disruption, transport issues, manufacturer shortages, or government restrictions.
14. Intellectual Property
All branding, product data, documentation, and website content remain the property of the Supplier and must not be reproduced without written consent.
15. Governing Law
This Agreement is governed by the laws of Western Australia, Australia.
16. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, communications, or understandings.