1.0 Parties and Services
1.1 Haberfield Naturopathics ("Haberfield Naturopathics"), it's employees, subcontractors and agents, is the supplier of the Services as outlined in its company documentation, promotional and advertising materials, also known as the Service Schedule. Haberfield Naturopathics, will supply the Services to the Customer during the term and in accordance with these terms and conditions as amended from time to time by Haberfield Naturopathics.
1.2 The Customer is the person, company and / or business requesting the Service and / or in receipt of the Service from Haberfield Naturopathics in accordance with to these terms and conditions.
2.0 Quotations and Orders
2.1 Haberfield Naturopathics shall provide written quotation for all orders from Customers which is valid for 30 days from the date of quotation, after which time Haberfield Naturopathics reserves the right to amend the same to reflect any changes in Haberfield Naturopathics's costs. Haberfield Naturopathics will not commence work on the order until it receives written acceptance of the quotation from the Customer.
2.2 Haberfield Naturopathics reserves the right to accept or reject any order it receives from the Customer.
3.0 Pricing
3.1 The prices for the Services are the prices set out in the service schedule and / or quotation.
3.2 All prices are inclusive of Goods and Services Tax (GST) and are subject to change.
3.3 Indicative pricing, excluding quotations, given by Haberfield Naturopathics either verbally or within company documentation and / or marketing material is an estimate only and is subject to change.
4.0 Invoicing and Payment
4.1 All invoices are payable in accordance with each Service as outlined below:
a) Packaged and Customised Services - 4 days from date of invoice.
b) On Demand Service - Service Fee prior to commencement, balance upon completion.
c) Services not described in 4.0 a) and b) - 7 days from date of invoice.
4.2 Haberfield Naturopathics reserves the right to discontinue or hold any service to the Customer with an existing overdue account until the overdue amount is fully paid by the Customer.
4.3 The Customer agrees to pay Haberfield Naturopathics any expenses (including legal costs) incurred in collecting outstanding debts due by the Customer to Haberfield Naturopathics.
4.4 If the Customer chooses to pay by credit card for the Services, the Customer authorises Haberfield Naturopathics to process payment for the total amount owing on the Customers account on the due date as described in clause 4.1 a), b) and c), unless the amount owing is subject to clause 5.2.
5.0 Term and Termination
5.1 This agreement will be deemed to commence on the Commencement Date and will remain in force, unless terminated earlier pursuant to this agreement, until the end of the Term.
5.2 This agreement may be terminated in writing at the option of either party if the other party commits a material breach of its obligations under this agreement and fails or is unable to remedy such breach within 14 days after receiving written notice from the other party requiring the breach to be remedied.
5.3 In the event of termination as per clause 5.2, Haberfield Naturopathics will cease to provide the Service to the Customer immediately.
5.4 The Customer agrees to pay all outstanding debts not directly associated with any breach outlined in clause 5.2.
5.5 Where termination of the agreement is as a result of a breach of agreement by the Customer, Haberfield Naturopathics reserves the right to charge the customer the relevant Monthly Service Fee for the remainder of the term.
6.0 Goods
6.1 Where the Service includes collection or delivery of the Customers' goods from or to the Customers nominated address at a nominated time,
and the Customer or his/her delegate is not in attendance at the nominated delivery address at the nominated time agreed by both parties,
then Haberfield Naturopathics shall:
a) if collecting, contact the Customer to reschedule collection of the goods at an agreed date and time; or
b) if delivering, store the Goods at Haberfield Naturopathics's chosen premises and contact the Customer to reschedule delivery of the goods at an agreed
date and time.
6.3 Haberfield Naturopathics reserves the right to charge the Customer for each recollection or redelivery where the Customer is not in attendance upon the first recollection or redelivery and each attempted recollection or redelivery thereafter.
7.0 Confidentiality
7.1 Haberfield Naturopathics, although not required by law, complies with the Privacy Act 1998 and its National Privacy Principles. All information collected from the Customer is used and disclosed to other parties for the sole purposes of supplying the Services to the Customer.
8.0 Force Majeure
8.1 Neither party is liable for any delay or failure to perform its obligations other than the Customer's obligation to pay the Charges pursuant to the terms of this agreement, if such delay or failure is due to Force Majeure.
8.2 If a delay or failure by a party to perform its obligations due to Force Majeure exceeds 30 days, either party may immediately terminate this
agreement by written notice to the other party.
8.3 If this agreement is terminated pursuant to Clause 8.2, Haberfield Naturopathics will refund any fees previously paid by the Customer pursuant to this agreement for a Service or Services which were not supplied by Haberfield Naturopathics to the Customer.
9.0 Limitation of Liabilities and Indemnities
9.1 To the maximum extent permitted by law, neither Haberfield Naturopathics, nor its employees, subcontractors or agents is liable for any direct, indirect, incidental, special or consequential loss or damage arising out of the supply or use of the Services, failure to supply, inability to use the Services, or out of any breach of contract or warranty including breach of an essential term.
10.0 Warranties
10.1 Haberfield Naturopathics gives the warranties (if any) set out in the Service Schedule regarding the supply of the Services.
10.2 For the purpose of making any claim for breach of warranty under this clause, the Customer must:
a) immediately upon becoming aware of the circumstances giving rise to a claim under this clause, notify Haberfield Naturopathics in writing setting out full
particulars of the claim;
b) allow Haberfield Naturopathics, its employees, subcontractors and agents full and free access to the place where the Services which are the subject of
the claim have been supplied for the purpose of conducting such inspection and tests as Haberfield Naturopathics may in its absolute discretion consider
necessary to determine whether the claim is justified or not.
11.0 Notices
11.1 Any notices, approval, consent or other communication in relation to this agreement must be in writing and given by post, sms, email, facsimile or handed to Haberfield Naturopathics or the Customer at the address set out in the schedule or at such other postal address, email address, mobile number (for sms) or facsimile number as is notified in writing by one party to the other.
12.0 Governing Law
12.1 This agreement is governed by the laws of the State in which Haberfield Naturopathics is registered, notwithstanding the place in which the Service
is supplied. The Customer and Haberfield Naturopathics irrevocably submit to the exclusive jurisdiction of the Courts of that State.
