emRx

These general terms and conditions of sale (“General Conditions”) are applicable to every purchase order, order confirmation, invoice or agreement between Precision Pharmaceuticals Pty Limited ABN 43 637 425 873 (“Precision Pharma”) and the customer, unless otherwise agreed in writing between the parties. Precision Pharma is the pharmacy marketing group for pharmacy SCH Industrial Services trading as Precision Pharmacy.

Access to and use of this emRx website is subject to the General Conditions. By using this website or accessing any part thereof, the customer agrees to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Precision Pharma reserves the right to amend these General Conditions at any time, without notice to you, to reflect the current range of products, pricing and policies. You should regularly check these General Conditions before using the website to keep informed of any changes.

Precision Pharma reserves the right, at its sole discretion, to update, change or replace any part of these General Conditions by posting updates and changes to its website. It is the customer’s responsibility to check the website periodically for changes. The customer acknowledges and agrees that they have read the General Conditions and that their continued use of or access to the website or provision of any services therein following the posting of any changes to these General Conditions constitutes acceptance of those changes.

INTERPRETATION

In the interpretation of this Contract:

 (a)   The parties may be referred to individually as a “Party”, and collectively as the “Parties”;

 (b)   the Parties must perform their obligations on the dates and times fixed by reference to Brisbane, Queensland;

(c)     Any reference to a monetary value is in Australian Dollars;

(d)    In the case where anything to be done falls on a Saturday, Sunday or a public holiday in the place where it is to be done; it must be actioned the next business day.

(e)    references to a Party are intended to bind their executors, administrators and permitted transferees; and

 (f)    obligations under this Contract affecting more than one party bind them jointly and each of them severally.

ORDERING PROCESS

 (a)   The customer must complete the Registration Form provided by Precision Pharma.  Orders may be placed once the Registration Form has been approved by Precision Pharma.

(b)   The customer may place an order for goods with Precision Pharma through the emRx website and by submitting all other documents specified by Precision Pharma, including but not limited to any relevant pharmacy registration documents.

(c)   Precision Pharma reserves the right to either accept or reject an order whether wholly or in part.

(d)    All orders are subject to availability of stock and minimum/maximum quantities as Precision Pharma decides from time to time. For flavour pod packs, the customer must order in lots of five (5) packs as a minimum.

(e)    If Precision Pharma accepts the order, then the order shall be taken to constitute a written variation to this Contract on the following terms:

1. Precision Pharma agrees to provide the goods described in the order (“Goods”) to the customer; 
2. The customer agrees to pay the price for the Goods to Precision Pharma;
3. The Customer agrees that it is the Customer’s responsibility to inspect the Goods delivered immediately upon delivery and notify Precision Pharma of any alleged discrepancies such as but not limited to irregularities in quantity or description of the Goods or any defects within two (2) working days after delivery; and
4. Upon delivery, risk in the Goods passes to the customer

PAYMENT

• The customer must make payment via a credit card at the time of purchase. No other form of payment can be accepted at this stage.
• Precision Pharma may provide the customer with a delivery notice for each delivery which particularises the Goods delivered and the amount paid / payable.
• Title in the Goods passes to the customer upon payment.  In the event of any default in payment, Precision Pharma may exercise its rights to re-take possession of the Goods or any part thereof.

RETURNS

• Precision Pharma will only accept returns of Goods or parts thereof and provide an exchange or refund where the product:
  • is faulty; or 
  • is damaged in transit or not of acceptable quality; or 
  • is significantly different to those shown or described by Precision Pharma.
• A refund or exchange is not applicable to change of mind purchases or because the Goods are not delivered by any given date or dates.
• Precision Pharma will not be obliged to accept any returns where the Goods are not in their original delivered condition and packaging.
• Precision Pharma may elect to return the product to the manufacturer to determine the nature of the problem. Precision Pharma reserves the right not to offer an exchange or refund where the item fault is a result of misuse or neglect by the customer.

DELIVERY

• The daily cut off time for all shipments is 12pm (Monday to Friday, excluding Public Holidays) Queensland time.  Any orders placed after that time will be processed by Precision Pharma on the next business day.  Goods will be dispatched from Precision Pharma’s affiliated pharmacy in Brisbane, Queensland.
• Precision Pharma will arrange express shipping for all orders and a shipping charge will be added to the cart page which the customer agrees to pay. Precision Pharma will ship the Goods with Australia Post using their Express Post delivery service.  While the target timeframe is next day delivery (for major metropolitan areas), be mindful of current delays due to COVID-19 across most logistics services. 
• Precision Pharma will endeavour to provide the Goods in a timely manner to the address specified in the customer’s order, however Precision Pharma shall not be liable for (i) any failure to deliver or delay in delivery; (ii) any damage or loss due to unloading or packaging; or (iii) damage to property caused upon entering the premises to deliver the Goods or provide the services. 
• Any costs incurred by Precision Pharma due to any failure by the customer to accept the Goods at the time of delivery will be reimbursed by the customer to Precision Pharma.
• If there are any other special instructions the courier needs to know, the customer agrees to input such additional delivery instructions in their shipping address at checkout.
• Once the Goods have been dispatched to the courier, the customer will receive notification from Australia Post advising of this and providing a link to track delivery progress. 

CUSTOMER ACCOUNT / REGISTRATION

• The customer has responsibility for maintaining the confidentiality of its account and password. All activities that occur under its account are the responsibility of the customer. Precision Pharma is not responsible for any unauthorised access to or use of a customer’s account and password. 
• If Precision Pharma has concerns with the customer’s account, or activity relating to its account, or if the customer is in breach of any applicable laws or of these General Conditions, Precision Pharma reserves the right to take action on the customer’s account including without limitation:
•     refusing service;
•     suspending or restricting access to the customer’s account;

iii.    terminating the customer’s account; or

1.   Removing or editing content the customer posted using its account.
2.   The customer may terminate its account with Precision Pharma at any time.
3.   The customer acknowledges that Precision Pharma reserves the right at any time, and at its sole discretion, to suspend or terminate its service or provision of any products provided in this contract. The customer agrees that in the event of such suspension or termination, Precision Pharma shall not be held liable for any damages resulting from said suspension and/or termination. In the event of termination of these General Conditions, the customer will be billed for any unpaid Goods purchased prior to termination date, and issued an invoice to be paid immediately.

PRIVACY ACT DECLARATION

• The customer, and any directors, partners or authorised persons of the customer (Relevant Person/s), acknowledge and understand that Precision Pharma abides by the National Privacy Principles established under the Privacy Act 1988 (Cth) (“the Privacy Act”) and that Precision Pharma’s Privacy Policy is available on its website.
• The customer and any Relevant Persons confirm their written consent to the requirements set out in Precision Pharma’s Privacy Policy.

FORCE MAJEURE

Neither party is liable for any delay or failure to perform its obligations under this Contract (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations under this clause occurs, the performance of that party’s obligations is suspended.  If such a suspension exceeds thirty (30) days, either party may immediately terminate this Contract by notice in writing to the other party.

WARRANTIES

1. If any Relevant Person is signing and agreeing to these General Terms as a director or trustee of a private corporation or a trust, the Relevant Person acknowledges that he/she:

(i)     is signing and agreeing on behalf of each and every director or trustee of the Entity and is binding the customer and every director of the customer to these General Terms and, in doing so, warrant to Precision Pharma that he/she acting as the authorised agent with actual authority on behalf of the customer to do so; and

(ii)    guarantee to Precision Pharma the performance by the customer of these General Terms and indemnify Precision Pharma in the failure by the customer to perform any of these General Terms, including in particular as to payment of any fees, charges, and expenses due and owing to Precision Pharma.

(b)   The customer (including the Principal Pharmacist) hereby warrants that they hold the correct licences and authorities to purchase, obtain, hold and resell the Goods (including but not limited to Schedule 4 and Schedule 8 of the Therapeutic Goods Regulations 1990 and warrants that each time it submits an order, this warranty remains current and correct. The customer (including the Principal Pharmacist) hereby indemnifies Precision Pharma for any loss or damage suffered by Precision Pharma as a result of the breach of this warranty.

LIMITATION OF LIABILITY

(a)    To the maximum extent permitted by law, Precision Pharma excludes all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Contract.

(b)    The maximum liability of Precision Pharma for a breach of its obligations under this contract shall be limited to the cost of replacing the Goods, or in the case of services, the supplying of the services again.