Terms of service
Please read these Terms and Conditions thoroughly before accessing or using our website. By accessing or using any part of the site, you agree to comply with these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you must not access the website or utilize any services. If these Terms of Service are viewed as an offer, acceptance is explicitly limited to these Terms of Service.
1. TERMS AND CONDITIONS OF SALE
1.1 These terms and conditions apply to the sale of products by QTfill Laboratories to the Buyer. QTfill Laboratories may amend these terms by providing written notice to the Buyer. A copy of QTfill Laboratories’ current terms and conditions of sale can be requested via email at info@qtfill.com.au.
1.2 These terms prevail over any terms in any document of the Buyer and contain the entire agreement between the parties. By Placing an order, accepting product delivery, making any payment, or performing under these terms, the Buyer is deemed to have accepted these terms.
2. PRICE AND GST
2.1 Prices quoted by QTfill Laboratories are based on the rates effective at the time of the quotation and do not constitute a formal offer. QTfill Laboratories reserves the right to adjust prices without notice before accepting the Buyer’s order.
2.2 Prices are exclusive of GST. The Buyer must pay the along with the product price as outlined in clause 5.
2.3 All prices quoted include standard packing for delivery within Australia, unless otherwise specified in clause 3.3.
3. ORDERS
3.1 Subject to clause 3.2, orders for products must comply with units of measure (as defined by the Therapeutic Goods Administration and manufacturer’s certification for the relevant product, as listed in the QTfill Laboratories catalogue).
3.2 Products that are temporarily out of stock will automatically be placed on backorder.
4. DELIVERY
4.1 QTfill Laboratories will use reasonable effort to dispatch available products for immediate delivery within 48 hours of receiving the order.
4.2 Any delivery time provided by QTfill Laboratories is an estimate only. QTfill Laboratories is not liable for any loss or damage, including consequential losses resulting form late delivery.
4.3 The Buyer must accept and pay for the products even if delivery is delayed.
4.4 Deliveries will be made during QTfill Laboratories’ normal business hours. If QTfill Laboratories agrees to deliver outside these hours, an additional delivery charge may apply.
4.5 QTfill Laboratories will select the delivery methods and carriers. If the Buyer requests alternative arrangements, the Buyer will bear the associated costs and risks.
4.6 QTfill Laboratories is entitled to store the products (or deliver them to one of the Buyer’s addresses) at the Buyer’s cost and risk, without liability.
5. PAYMENTS
5.1 Products will be dispatched only after the invoice has been paid in full.
6. CLAIMS AND RETURNS
6.1 The Buyer must notify QTfill Laboratories via email (info@qtfill.com.au) within 7 days of delivery if any product has a short shelf life, has been damaged or spoiled before delivery, has been incorrectly sent, has been short delivered, or has been incorrectly invoiced.
7. COMPLIANCE WITH LAWS, REQUIREMENTS AND GUIDELINES
7.1 The Buyer must obtain all necessary licenses and comply with all applicable laws and product manufacturer requirements related to the purchase, storage, sale, labeling, or use of the products. This includes adherence to relevant adverse event reporting requirements, Therapeutic Goods Administration regulations and guidelines, and any information issued by product manufacturers from time to time.
7.2 If the Buyer is directed by QTfill Laboratories, the Therapeutic Goods Administration, or a health authority to assist in any suspension of supply or recall of products, the Buyer will cooperate and comply with all reasonable instructions to ensure an effective response to the suspension or recall. To the extent that QTfill Laboratories can recover the costs of the suspension or recall from the relevant product manufacturer or supplier, QTfill Laboratories will reimburse the Buyer for any reasonable and necessary costs incurred in connection with the suspension or recall.
8. PRODUCT ADVICE AND USAGE
8.1 Any product descriptions provided by QTfill Laboratories are for identification purposes only and do not represent the specifications that the products must meet.
8.2 The Buyer acknowledges and agrees that any representation or advice provided by QTfill Laboratories (or its employees or agents) regarding the operation or use of a product is intended solely for informational purposes and should not be relied upon. QTfill Laboratories assumes no obligation or liability for any such representations or advice.
8.3 The Buyer acknowledges and agrees that it is solely responsible for advising its customers or patients regarding the operation, application, appropriateness, and use of the products.
9. LIMITATION OF LIABILITY
9.1 Your use of this website is entirely at your own risk.
9.2 Under the Australian Consumer Law outlined in Schedule 2 of the Competition and Consumer Act 2010, certain consumer guarantees apply and cannot be excluded. Subject to these non-excludable rights, this website is provided "as is" without any warranty, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The website may contain technical inaccuracies or typographical errors, and updates to the information may occur periodically, which will be reflected in future editions of the site. QTFill Laboratories reserves the right to make improvements or changes to the products and/or programs described on this website at any time.
9.3 Except for any non-excludable consumer guarantees, QTFill Laboratories, its affiliates, and any third parties mentioned on this site will not be liable for any damages, including but not limited to compensatory, punitive, incidental, or consequential damages, personal injury, wrongful death, lost profits, or damages resulting from lost data or business interruptions arising from the use or inability to use this website or its content. This applies regardless of the legal theory involved, whether warranty, contract, tort, or otherwise, and whether or not QTFill Laboratories or any of its affiliates or third parties were advised of the possibility of such damages.
10. FORCE MAJEURE
10.1 QTfill Laboratories is not liable to the Buyer for any failure to comply with this document if such failure (directly or indirectly) result from circumstances beyond QTfill Laboratories’ reasonable control, including, but not limited to acts of war or terrorism, natural disasters, industrial actions, or failures by supplier, public utility, or common carriers. (collectively referred to as a “Force Majeure Event”).
10.2 If a Force Majeure Event occurs, QTfill Laboratories’ obligations under these terms and conditions of sale will be suspended to the extent affected by the event for its duration. Neither QTfill Laboratories nor the Buyer may terminate these terms and conditions of sale as result of a Force Majeure Event.
11. CANCELLATION AND TERMINATION
11.1 The Buyer may not cancel any order once it has been lodged with QTfill Laboratories, unless QTfill Laboratories expressly agrees otherwise in its sole discretion. If a cancellation is permitted, the Buyer must compensate QTfill Laboratories for all losses or damages arising from the cancellation.
11.2 QTfill Laboratories reserves the right to accept or decline any order, in whole or in part. QTfill Laboratories may also discontinue the supply of any product without notice, unless otherwise required by law.
