Payment Terms
1. The terms of payment are strictly thirty (30) days from the date of invoice. If any part of the invoice is disputed by the Client, the Client must still pay the undisputed part of the invoice within thirty (30) days, and disputed parts as determined and agreed, within five (5) days of settlement of the dispute.
2. Redimed Pty Ltd may, at any time, unilaterally vary these terms and conditions provided the Client is provided not less than sixty (60) days’ with prior written notice of any substantive or material variation prior to it taking effect.
Services and fees
3. Unless otherwise agreed in writing by both parties, Redimed will charge its standard rates for each service provided.
4. Redimed will review its fees for each service on 1 July annually or at any time by giving the Client not less than thirty (30) days’ notice.
5. All service fees are exclusive of GST.
6. Cancellation fees may apply to some services.
7. Should the Client not pay for the services supplied by Redimed in accordance with the credit terms as provided herein, or as agreed in writing by Redimed from time to time, Redimed shall be entitled to charge an administration fee of 10% of the amount of the invoice payable per year, or part thereof, from the date the service was supplied (and not the day when the invoice was issued) until payment by the Client.
Purchase Orders (PO’s)
8. A purchase order number must be provided at the time of making an appointment.
Credit Facility
9. Prior to Redimed providing the Client with credit, Redimed may request information from a credit provider, credit reporting agency or other party in order to assess the creditworthiness of the Client and any decision to provide credit, as well as the terms on which the credit will be provided, will be at the sole discretion of Redimed.
10. Redimed may disclose any information provided by the Client in the course of a credit application to a credit reporting agency, debt collection agency or solicitor if such a request is made or required due to non-payment of an account.
11. Redimed may at its absolute discretion, set a credit limit for the Client. The credit limit may be reduced by Redimed upon written notification to the Client.
12. If the Client enters into Administration or if any of the Directors of the Client file for bankruptcy, Redimed may suspend the credit limit of a Client without notice.
13. Redimed reserves the right to pursue any outstanding debt from the Client, which includes any costs in doing so including (without limitation) legal fees, court fees, administration fees and other expenses incurred in the course of enforcing its rights.
Cancellation of Services
14. If the Client defaults on any of the terms and conditions contained herein, Redimed reserves the right to withdraw services to the Client.
Clinical Records
15. Title to all medical records will remain the property of Redimed.
16. Pre-Employment records will be made available to the Client only. Patients requesting copies of their medical pre-employment records will be directed back to the Client.
Workplace Health & Safety
17. If Redimed is required to perform the services at the Client’s premises or other nominated site owned or controlled by the Client, the Client must ensure that it complies with all current applicable Health and Safety legislation to ensure the safety of Redimed’s employees or agents.
18. Upon cancellation with or without notice, all liabilities incurred by the Client become immediately due and payable to Redimed.
Force Majeure
19. Neither Redimed nor the Client will be responsible for any delay or failure to perform its obligations under the terms and conditions contained herein as a result of a Force Majeure event. The party affected by a Force Majeure event must notify the other party as soon as practicable of any anticipated delay or impact on the delivery of the services. The performance of the affected party’s obligations will be suspended for the period of the delay, and any deadlines will be extended accordingly. A Force Majeure event is defined as anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, acts of the public enemy, war, rebellion, insurrection, sabotage, nuclear or chemical contamination, pandemic, failure of infrastructure, and acts (including laws, regulations, disapprovals or failures to approve) of any government or regulatory body.
Corporations
20. If the Client is a company, the person signing this agreement warrants that he/she has authority to sign on behalf of the Client. With the exception of listed companies on the ASX (or a wholly owned proprietary company operating under the umbrella of a listed ASX company), all proprietary company directors in signing this application agree to enter into a guarantee arrangement and indemnify Redimed in relation to the Client’s payment obligations to Redimed.
Trustee Capacity
21. If the Client is the trustee of a trust (whether disclosed to Redimed or not), the Client warrants to Redimed that:
(a) the Client enters into this agreement in both its capacity as trustee and in its personal capacity;
(b) the Client has the right to be indemnified out of trust assets;
(c) the Client has the power under the trust deed to sign this agreement; and
(d) the Client will not retire as trustee of the trust or appoint any new or additional trustee without advising Redimed.
22. The Client must give Redimed a copy of the trust deed upon request.
Partnership
23. If the Client enters into this agreement as partners, the Client warrants that all of the partners have signed this agreement and that all of the partners will enter into a guarantee and indemnity with Redimed in relation to the Client's obligations to Redimed.
24. If the Client is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without advising Redimed. In the case of a change of partners, Redimed may ask for new guarantors to sign a guarantee and indemnity.
Assignment
25. The Client may not assign, novate, sub-licence or charge any of its rights or obligations under this Agreement without the prior written consent of Redimed.
Insolvency
26. If the Client becomes insolvent, the Client remains liable under this agreement for payment of all liabilities incurred hereunder. The Client remains liable under this agreement even if Redimed receives payment as a result of the Client being insolvent.
Waiver
27. A waiver of any provision or breach of this agreement by Redimed must be made by an authorised officer of Redimed in writing. A waiver of any provision or breach of this agreement by the Client must be made by the Client's authorised officer in writing.
Costs
28. The Client must pay for its own legal, accounting and business costs and all costs incurred by Redimed relating to any default by the Client. The Client must also pay for all stamp duty and other taxes payable on this agreement (if any).
29. The Client will pay Redimed's costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Client, including debt recovery fees and legal costs on an indemnity basis. Such costs and disbursements will be due and payable by the Client to Redimed irrespective of whether pursuit of the recovery action, claim or remedy is successful.
Survival of Provisions
30. Termination of this Agreement will not affect those provisions of the Agreement expressed to operate or have effect after that time, and is without prejudice to any rights accrued by either party in respect of any breaches existing before termination.
Exchange of Supplier Agreements
31. In circumstances where as supplier of healthcare service Redimed Pty Ltd provides its customer with a supplier terms and conditions agreement and is required by the customer to enter into its own collateral supplier agreement both parties acknowledge that the Redimed Pty Ltd supplier terms and conditions agreement takes legal precedence over the customer’s collateral supplier agreement and furthermore both parties agree that in the event of any inconsistencies between Redimed Pty Ltd supplier terms and conditions agreement and the collateral supplier agreement that all inconsistent terms and conditions is to be construed legally as void ab initio.