Company Information

Philadelphia Scientific Pty Ltd. T/A Philadelphia Scientific Asia Pacific


Asia Pacific Head Office

Address: 3/15 Norman Street, Peakhurst, NSW, 2210, Australia.

Phone: +61 2 8004 2447 / 1300 745 724 (1300 PHL SCI)
Fax: +61 2 9012 0383

General Email: info@phlsci.com.au

People

Hours

Monday to Friday; 8.00 am to 5.00 pm, AEST.
Out of hours urgent support call 1300 745 724 (charges apply)

 

Web Links

 

Accounts Information

Orders
Accounts Receiveable
Australian Dollar Payments
USD/GBP Payments

Important:

Include the invoice numbers being paid in the reference. Please email a confirmation of remittance to accounts@phlsci.com.au and put the word ‘remittance’ in the subject line.

Brands and Products

Battery Maintenance Battery Maintenance Battery Handling

General Terms and Conditions of Sale

Please read these terms and conditions of sale very carefully.

The customer agrees to be bound by the ‘General Terms and Conditions of Sale’ and the ‘Special Terms and the Conditions of Sale’ that maybe applied to separate agreements.

In the case of contradiction between the General Terms and Conditions of sale and the Special Terms and Conditions of sale the Special Terms and Conditions of Sale have priority.

Definitions
Company – Philadelphia Scientific Pty Limited, Asia Pacific representative of Philadelphia Scientific.
Customer – The person, firm or company who buys or agrees to buy the goods from the Company.
Conditions – The terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company.
Goods – the articles, documents and methods/services which the Customer agrees to buy from the Company.
Contract/Order – a written instruction from the Customer, to purchase Goods from the Company.
Price – the net price for the Goods excluding carriage, packing, insurance, documentation, duties and taxes.
Dispatch date – the date specified by the Company when the Goods or parts of them are ready for dispatch.
Delivery date – the date specified by the Company when the Goods or parts of them are likely to be delivered.
Quote date – the date on the quotation the customer order is based on.
Payment – funds which have cleared the bank of the Company.
RGA/RMA – returned goods authorisation/returned materials authorisation.

Conditions Applicable
These Conditions shall apply to all Contracts/Orders for the sale of Goods by the Company to the Customer to the exclusion of all the other terms and conditions including terms and conditions which the Customer may purport to apply under any purchase order or similar document.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
The Company shall have no liability in respect of the performance of any of its obligations if it is prevented or delayed in the performance of such obligations by acts, events, omissions or accidents beyond the reasonable control of the Company (“Force Majeure”)
All Orders for Goods and/or acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
The Company reserves the right to correct typographical and clerical errors.

Governing Law
Australian law, without regard to conflicts of law rules, hereunder shall govern this agreement and sales. The Customer consents the jurisdiction of Australian Law for the purpose of any suit, action or proceeding arising out of this sale agreement.

Prices and Invoicing
Prices are in Australian Dollars (AUD) and are Ex-Works Sydney, NSW, Australia, unless otherwise stated.
Unless otherwise stated quotes and special pricing arrangements are valid for 15 days in AUD and 30 days in United States Dollar (USD).
The Company reserves to right to amend the invoice to reflect any significant (2% or more) depreciation in the AUD versus USD rate between quotation and payment dates.
The Company reserves the right to change prices without prior notification and to withdraw quotations at any time.
Products and services supplied in addition to the purchase order, such as, but not limited to, delivery, consultation costs and waiting time on site will be billed as a supplementary materials invoice under the purchase order the costs relate to.
The Customer accepts charges for re-issuing of invoices and documentation.
The Customer agrees charges for storage costs due delays in shipment on their behalf.
Variations in quantity, from an original sales agreement, may result in a change in item prices.
Requests for specific packaging, branding or items differing from the published price list may incur additional costs.
Goods are shipped as per purchase order; it is the Customer’s responsibility to provide the correct information. All purchase orders must show:

1. Philadelphia Scientific product code.
   
2. Delivery address.
   
3. Purchase order number.
   

Incorrect deliveries will incur any additional freight costs and a restocking fee of up to 20% of the price.
Freight quotes are provided at the Customer’s request however if the Customer then uses their own shipper a charge of $100 is applied to the invoice.
All quoted delivery costs are estimates only and my vary on the final invoice if freight rates have changed.

Despatch and Stock
Unless otherwise stated goods are despatched from the Company premises in Sydney, Australia.
Delivery in Australia is by ‘overnight services’, charges are applied to the goods invoice, unless otherwise requested by the Customer.
Insurance of goods in transit is the customer’s responsibility.
Australia minimum order value $50 parts and $200 products or a handling charge of $25 is applied. Overseas minimum order value $1,000 AUD or a $50 handling charge is applied.
Minimum first order value is $500 for non-end user pricing.
Parts will not be shipped to a Customer unless there is a sales history for that product with the Customer.

Payment Terms
All payments are required prior to international shipment.
Domestic shipments strictly net 30 days from end of month unless by special arrangement.
Philadelphia Scientific must be made aware of any errors or emissions on the invoice within 15 days of the customers receiving it.
Accounts with outstanding balances over 45 days, shipments will be delayed until account is settled. The Customer will be liable for any charges incurred during recovering the debt and interest on the outstanding amount at a rate of the current Reserve Bank of Australia base rate plus 5%.
Accounts over 90 days or with persistently delayed payments, shipments will be on a COD basis only.

Goods and Returns
The Company offers a limited returns policy on selected items or based on third party manufacturer return policies.
Defective goods will be returned direct to the manufacturer as instructed when the RGA/RMA is issued and include ALL packaging, accessories, manuals and any other documentation included in the original shipment.
Freight costs on returned products are the Customer’s responsibility.
If you receive damaged, defective merchandise, or discrepancies from the purchase order you must inform Philadelphia Scientific within 15 days.
Should the goods be found to be defective the Company will make good at its own discretion for: credit, replacement, exchange or repair. The freight costs incurred by the customer in returning the goods will be applied to the customer account.
Support site visits require a purchase order in advance.
The Company reserves the right to amend the specification of any product in the interests of product improvement.
Any specification, drawing, publication and particulars issued by the Company are accurate, but the Company does not accept responsibilities for errors or for information which is found to be misleading. Suggestions or descriptions of the end use or application of Goods or methods of working are for information only and the Company accept no liability in respect of thereof.
The Customer shall be deemed to have accepted the Goods when the Customer or his representative signs the delivery document or, if no Customer representative is available to sign the delivery document, 24 hours after delivery to the Customer.
After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the contract. Before using the Goods supplied or manufactured by the Company the Customer must satisfy himself of their suitability.
All delivery dates given by the Company are estimates only and the time of the delivery shall not be of the essence of the contract. In no circumstances whatsoever shall the Company be liable to compensate the Customer in damages or otherwise for short delivery or non-delivery or late delivery of the Goods or any of them for whatever reason or for any loss consequential or otherwise arising there from. The Company shall be entitled to deliver the Goods in one or more consignments unless otherwise agreed in advance in writing by the Company. If delivery of any item comprised in the goods has not been made within thirty days of the estimated delivery date the Customer may cancel its order in respect of that item only by giving effective notice of cancellation in writing to the Company. Such notice shall be deemed effective only upon the receipt of such notice by the Company.
If Goods for delivery in Australia do not arrive within 5 days from confirmation of the dispatch, the Customer must immediately notify the Company of non-delivery. Failure to do so may cause claims by the Company to be rejected by the carrier, in which case the Customer may lose his right to claim.
The Company has no obligation to take back Goods correctly supplied to the Customer against a valid Customer Order. Goods may be accepted back only by prior agreement with the Company.
In the event of an accepted return, a re-stocking fee of 30% of the billed amount will be applied.
If the Company agrees to accept return of Goods the Customer shall at its own cost be responsible for arranging that such Goods are delivered in as new condition to the Company.
Goods specially ordered or manufactured for the Customer shall not be accepted for return.

Warranty Statement
The Company warrants ‘Water Injectors’ and ‘Stealth Floats’ against defects in workmanship and materials for five years and Watering Guns for three years. All other products are warranted against defects in materials and workmanship for one year. Third party products sold by the Company are subject to the warranties and representations of the applicable manufacturers.
The Company’s products must be used as directed within the products instructions, failure to do so will void the warranty.
The Company’s products not purchased through the local office void their warranty.
Unless otherwise stated warranty requests are ‘back to base’, therefore the products need to be returned to Philadelphia Scientific for assessment.

Retention of Title and Risk
No property in or title to the Goods shall pass to the Customer until the Company has received confirmed Payment in full of all sums which are due from the Customer to the Company in respect of any goods supplied under this or any other agreement now or in the future subsisting between them. As soon as Goods are ready/delivered for/to the Customer, the Goods shall be held at the risk to the Customer.
The Customer agrees that until Payment in full has been made for the Goods, the Customer shall act in fiduciary capacity as Bailee of the Goods and shall keep the Goods properly stored on its premises, protected and insured and readily identifiable as the Goods of the Company.
The Customer’s right to retain possession of the Goods and to sell the same shall automatically terminate and the Customer shall deliver up the Goods to the Company upon the happening of any of the following events:

1. If the Customer shall become insolvent;
   
2. On the appointment of a Receiver;
   
3. If the Customer shall fail to make payment for the Goods by the due date or shall otherwise be in breach of the terms of this agreement and the Company shall have served notice in writing terminating the Customer’s right of possession and sale;
   

If the Customer being a company or a sole trader or partnership as the case may be, shall do anything which would entitle any person as against the Customer and/or its assets to:

1. Commence proceeding for recovery of debt or damages;
   
2. Issue execution (in all forms) or distress
   
3. Cause a statutory demand or bankruptcy petition or winding up petition to be served;
   
4. Present a petition for the appointment of an Administrator or apply for an Administration Order;
   
5. or Call a meeting for the purposes of the appointment of a liquidator.
   

The Customer grants to the Company an irrevocable licence to enter upon any premises where the Goods are stored or where they may be reasonably be thought to be stored for the purposes of:

1. Inspecting the same at any time and
   
2. Upon termination of the right to possess the Goods, repossessing the same.
   
3. The Company shall be entitled to maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer
   

Patents or other proprietary information remains the Company’s property.

Remedies of Customer
Where the Customer rejects any Goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the Company to supply Goods which conform to the contract of sale.
Where the Customer accepts or has been deemed to have accepted any Goods then the Company shall have no liability whatever to the Customer in respect of those Goods.
The Company shall not be liable to the Customer for late delivery or short delivery or wrong delivery of the Goods.

Sub-Contracting
The Company shall be entitled to carry out its obligations under this Contract by sub-contractors but shall be responsible for quality of sub contractors’ work.

Copyright
All copyright in the Conditions is and will continue to be vested in the Company.
All intellectual property rights (including copyright) in the Goods are and continue to remain vested in the Company and may not be used other than as specified in these Conditions.

Trade Marks
All proprietary rights in any trademarks and service marks, including logos ("Trade Marks") appearing are vested in the Company or third parties. Nothing herein shall be construed as granting any licence or right to use any Trade Mark for any purpose whatsoever.