Terms and Conditions Specific to Goods. The following shall apply if Vendor provides Goods under this Agreement.
Terms and Conditions Specific to Goods. Reserved
Terms and Conditions Specific to Goods. The following terms and conditions apply to the supply of Goods:
(a) all Goods must be new, unused and of recent origin;
(b) the Supplier must inspect and test all Goods that will be delivered in a material form to ensure that they comply with the Requirements, before delivery;
(c) the Supplier must assign any manufacturer’s warranty to Mater, where possible to do so, and must inform Mater where it is not possible to do so;
(d) the Supplier must deliver the Goods to the Site, in accordance with Mater’s instructions;
(e) acceptance of the Goods by Mater does not relieve the Supplier of any of its obligations under the Contract;
(f) despite clause10 (‘Invoicing and Payment’), Mater is not obliged to pay the Supplier for any part of the Goods until:
(i) the Supplier has delivered to Mater any Goods that are due to be delivered; and
(ii) Mater has certified that the Goods specified in the correctly rendered tax invoice have been supplied and/or performed in accordance with Contract;
(g) the Supplier must adequately pack and protect Goods to withstand transit and storage, and provide a packing note with the Goods;
(h) if Mater rejects Goods for non-conformity with the Contract, and the Supplier does not repossess the rejected Goods within 30 days of notice of rejection, Mater may sell or dispose of the Goods, at the Mater’s cost. Mater is under no obligation to pay for rejected Goods and the Supplier will promptly refund any amounts pre-paid for rejected Goods within 10 Business Days of Mater’s rejection;
(i) risk in Goods which are provided in a material form will transfer to Mater when delivered to the delivery address set out in the Contract in accordance with Mater’s delivery instructions;
(j) title in Goods which are provided in a material form will transfer on the earlier of the delivery or payment of the applicable Price;
(k) the Supplier will provide with the Goods any information, data or manuals required for Mater to use, maintain, repair, install or operate the Goods.
(l) the Supplier warrants that the Goods will not be subject to any encumbrance or interest, except for an encumbrance or interest which arises by operation of Law that cannot be excluded by contract;
(m) the Supplier warrants that where the Good is a Medical Device, that the Goods have been tested and are certified as being tested in accordance with the current Australian Standard 3551or equivalent and will manage the Medical Device in accordance with the regulations set by the Therape...
