ATX means Prolotus Australia Pty Ltd (ACN154331361) ATF The Davis Family Trust
(ABN 88 988 556 275) and trading as ATX Medical Solutions and hereafter referred to as ATX “buyer” means the person, firm or company placing an order with ATX for the supply of goods: “goods” means the products the subject of an order placed by the buyer.
(a) The buyer shall pay for the goods within the time stipulated on the invoice for the goods or as otherwise agreed in writing by ATX
(b) ATX may, if payment is not made in accordance with Clause 2(a)
(1) Permanently withdraw any credit facility, at which time any outstanding amounts
(2) Temporarily withdraw any credit facility and place the buyer’s account on stop credit until the arrears are brought within the credit terms.
(c) Any buyer who specifically negotiated payment terms at variance with clause 2(a) will in no way be deemed to have varied any other terms and conditions of this agreement unless those terms and conditions are also specifically mentioned in the negotiations.
(d) In the event that the buyer fails to pay for goods within the stipulated time in Clause 2(a) they shall pay ATX 15.00% per annum interest and then overdraft interest rate charged by Bankwest to ATX.
(e) The buyer agrees to indemnify the supplier against any debt collection charges or legal costs it incurs in recovering overdue invoices.
(f) The supplier will refer the customer to a credit reporting agency to record the default.
3. Retention of Title
(a) ATX retains the legal and equitable title to the goods until full payment is Received from the buyer
(b) Until ATX received full payment for the goods, the buyer shall:
(1) Hold the goods as bailee for ATX
(2) Grant ATX the right to enter without notice, the buyer’s premises without liability for the trespass or any resulting damage to retake possession of the goods.
(3) Ensure that the goods are stored so they are clearly identifiable as the property of ATX and
(4) Not alter or change the goods so as to change their quality or nature.
Until ATX received full payment for the goods ATX shall be entitled to repossess the goods if the buyer commits an act of bankruptcy or is declared bankrupt or becomes insolvent or enters into any agreement with creditors or if a liquidator/receiver and/or manager is appointed to the buyer or any of the asset of the buyer.
ATX gives no express warranty made by or on behalf of ATX in relation to the goods or their supply. The Competition and Consumer Act 2010 may imply certain conditions and warranties into this agreement for the benefit of the buyer. To the extent that such conditions and warranties in respect of the goods may, as between ATX and the buyer, lawfully be excluded, all such conditions and warranties are expressly excluded.
5. Regulatory Compliance with Radiation Regulations:
(a) ATX to provide regulatory compliance assistance as required by the corresponding authority on the state of purchase. However, buyer is responsible to complete forms, provide documentation and submit applications to the regulatory authority.
(b) Buyer is responsible to provide ATX with current radiation licensing evidence and status.
6. Personal Guarantee
Customer agrees to complete and sign personal guarantee on ATX request for purchases over 10K.