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General Terms & Conditions

Terms of Trade

 

Effective as at February 2017

 

Credit terms

If we approve your application to open a 30 day credit account with us, you must pay the whole amount as shown on an invoice issued by us on or before the due date, which is 30 days from the date of the invoice. 

We may (at any time, without notice and without any liability to you) refuse credit to you and/or suspend or cancel your credit account with us for any reason whatsoever including (without limitation) because:

  • you fail to pay amounts owning to us when due;
  • you no longer satisfy the TGA practitioner requirements;
  • for ‘Student Accounts’ – you are a student who ceases to be enrolled in an accredited course, share your account with another person or advertise products;
  • your ABN expires or is invalid and is not replaced;
  • you have engaged in unlawful activity in connection with your business;
  • you fail to comply with any relevant retail policies or supplier requirements;
  • you have engaged in predatory pricing or similar anti-competitive activities;
  • you or your employees have published negative or derogatory remarks including on any social media medium;
  • the ownership or control of your business has changed; or
  • your account has been inactive for 12 months.

On your request, we will notify you by e-mail for our reasons for refusing you credit or suspending or cancelling your account.

Cash on Delivery (COD)

ALL non-credit account holders allocated a COD type account, whereby payment MUST accompany all orders. We do accept credit card payments as below. Orders may be held for 24 hours pending payment, after which if payment is not received it will be cancelled.

 Payment Method

Payments may be made by cash, cheque, direct deposit or credit card (MasterCard and Visa). At this stage we do not pass on any bank fees incurred by us in accepting payment via this method.  The amount stated in a certificate signed by us, our duly authorised representative or our solicitor as being due and payable by you to us is prima facie evidence that such amount is owing.

Payment Discount for In-house Orders (fax/email/phone)

A 1.5% discount is applied to your invoice ship total when you pay at the time of placing your order or on collection of goods from our warehouse. This is subject to payment being made available upon first presentation and the account being within trading terms. Not applicable for COD type accounts. This discount is not available with any other offer.

 Orders

Orders may be placed by fax, telephone or email or online. If you would like to collect your placed order from our warehouse please allow at least 2 hours from time of ordering for your order to be processed and ready for collection. Note that last order of the day for collection needs to be received by 2pm.

 PharmX Order

We provide PharmX ordering for your convenience.  The PharmX Gateway provides an electronic process to order and receive invoices from Rener Health Products to customers who are connected to the PharmX Gateway.  If your account is approved, we will send you further details about how you can use the PharmX service and a consent form to use the service.

Wholesale and Recommended Retail Prices (RRPs)

We sell products to you at wholesale prices on the basis that you are a health professional or service/business within the health industry.

All RRPs are set directly by suppliers and we have no control over what businesses charge.  If you become aware of any predatory pricing or other anti-competitive conduct by other businesses, we recommend that you contact the Australian Competition and Consumer Commission (see www.accc.gov.au for further information).

Returns

All orders sent will be deemed as accepted and in accordance with your order unless we are notified within 5 working days of the date of invoice.  We reserve the right to refuse goods returned which are damaged, soiled, contaminated, expired or not in the condition originally supplied.  We are under no obligation to accept cancellations, amendments or return of goods to an order which has been supplied correctly to you as per your order.  We reserve the right to respond to specific circumstances at our discretion.

Cancellation of Orders

Rener Health Products reserve the right to charge a $20 inc. GST cancellation fee for any order that is cancelled after it has been processed in our system. This charge covers restocking and handling costs.

Price Changes

All prices are subject to change without notice. We recommend you check each invoice/MyRener website to ensure you are aware of correct prices. Price changes are also published in our monthly newsletter.

 

Minimum Order

We are more than happy to process an order of any size, but we will apply a delivery charge to orders less than $250.00 Plus GST for Perth metro area and to orders less than $400.00 Plus GST for country areas to cover our costs of freight and handling. Otherwise, this charge will be $9.00 Plus GST for Perth metro, $11.00 Plus GST for post, $14.50 Plus GST for country WA and at cost for outside WA. Goods collected ex Warehouse do not attract freight fees. 

 

Freight In-house Orders (phone/fax/email)

Orders over $250.00 Plus GST are sent freight free in Perth, CBD, Metro & Outer Suburbs and orders over $400.00 plus GST are freight free for country areas and the rest of W.A. We can arrange express deliveries for same day service delivery for Perth metro area at a charge of $18.00 Plus GST; this is subject to availability and orders must be placed by 9.30am. We can arrange delivery of urgent orders via our courier, CTI, if requested at your expense. We do not send goods under your freight account/carrier unless prior agreement with you.

 

Times
Our office is open from 8.30 am to 5pm Monday, Tuesday, Thursday and Friday; Wednesdays 9am to 5pm. All orders received by 11am should be delivered within a 24 hour period (in metro commercial area, except outer and residential suburbs) – exceptional circumstances such as first week of month (order chaos), network problems (computer chaos), electrical power outs (no-computer chaos), ISP or telephone outages (communication chaos), or key personnel leave or illness (staff chaos) may impede on this schedule.

Warehouse

Our Warehouse reception is open for you to collect your order till 5pm daily. Final orders are placed for collection at 2pm – please give us at least 2 hours’ notice to have your order prepared.

Carrier

We utilise CTI Express services for local deliveries, country courier services for outer suburbs and South Western Australia and Australia Post for everywhere else. Please be aware that orders sent with ‘special delivery details’ are difficult to adhere to. If your delivery address is unattended at the time of delivery, a card will be placed in your letterbox with instructions to follow for the collection of your parcel. It is your responsibility to be in attendance upon attempted delivery as we are unable to re-route deliveries once they have left our warehouse. Please note if you request your parcel to be left ‘without signature’, you accept full responsibility and risk for the parcel once the parcel has been delivered. Rener Health Products reserve the right to charge customers any re-delivery fees charged.

Unavailable Stock and Backorders for In-house Orders

Stocked items may be in short supply for reasons beyond our control.  We will endeavor to advise you of the estimated time of arrival for any product that is out of stock.  However, we are not liable or responsible to you in any way for any items being out of stock or unavailable at the time of order.

The following conditions apply to backorders:

  • This complementary backorder service is not available outside of Western Australia or online (see the self-managed backorders for online ordering with MyRener).
  • We will contact you by phone and/or e-mail once the backordered item is available for you to purchase.
  • Following contact, backorders are held for 48 hours before automatic cancellation.

 

  • All orders containing backordered items must total $75.00 plus GST or they are subject to regular freight charges.
  • Specials are available only while promotional stocks last. Specials will not rollover into the next month regardless of the item being on backorder.
  • We may remove backorders at our own discretion at any time.

Specials

At all times we will pass on specials (while promotional stock lasts) offered by our Suppliers and will notify you via our fax or email list of what specials are available. Please let us know if you are not receiving specials information. Note that cut off times apply.

Cold Product

Many of the products we sell, including probiotics and chocolates, must be packed to conserve temperature requirements and be delivered promptly. Most cold products have been manufactured so the quality of the product is unaffected if it is out of refrigeration for short periods of time to allow for delivery. To safeguard the quality please note that cold product will NOT be sent on Fridays or when the temperature is expected to exceed 35˚C. Please also note that we cannot be responsible for delays in delivery or non-attendance when a delivery has been attempted. Whilst every attempt is made to ensure adequate packaging and delivery, we do NOT accept liability for product delivered warm – goods are ordered and dispatched at your risk. Please note that we do not advise Broome, Nickol and Kununurra areas order cold products in the warmer months.

Practitioner Only Products

Rener Health distributes products that are deemed ‘Practitioner Only’. These are only available to account holders defined as “Practitioners” in accordance with the Therapeutic Goods Act 1989.

Customer Advertising and Sales

Certain restrictions apply when advertising and selling health products online.  If you advertise and sell online any health products that you purchase from us, you must ensure that your online advertisements and sales comply with all relevant laws and the requirements of your professional association’s guidelines, the TGA and of the relevant product supplier.

If you hold a Student Account, you must not advertise or sell any products to any third parties whatsoever.

Delays – Force Majeure

We are not responsible for any delay or failure of performance occasioned or caused by strikes, riots, fire, insurrection, embargoes, failure of carriers or suppliers, inability to obtain goods or transportation facilities, acts of God or of the public enemy, governmental tariffs and quotas, compliance with any law, regulation or other governmental or court order (whether valid or not), or any other cause beyond our control.

Sale of your Business or Change of Control

You must promptly notify us in writing if you have agreed to sell your business or (where you are a corporation) at least 50% of the beneficial interest or control in your business. If any sale or change in control occurs, you must pay to us (before settlement of the sale or change occurs) all amounts owing by you to us.

Security and Personal Property Securities Act 2009 (PPSA)

(Retention of title) Title to each good sold or supplied by us to you (Good) remains with us and does not pass to you until the good is paid for in full without any deduction, retention or set-off whatsoever.

(Transfer of possession) Despite any other provision, we may retain possession of any Good until any or every security interest respecting the good is (to our satisfaction) perfected by registration on the PPSA register.

(Recovery of possession) If you fail to pay for any Good by the due date for payment, you irrevocably authorise us to (as your agent and to the extent legally permitted) do anything reasonably necessary to re-take possession of the good including (without limitation) enter any premises at which we reasonably believe the good to be located.

(Assistance) You must do all things (including provide all details and data) that we require to facilitate, maintain or vary the registration of any security interest provided by you to us.

(Application of payments) If you make any payment to us, then we may apply the payment to satisfy any obligation that you owe to us (whether the obligation is unsecured, secured by security interest, or secured by purchase money security interest).  We may apply the payment in any order or manner that we think fit, and we may amend or re-apply any application made.

(Exclusions and waivers) To the full extent permitted by law, the following apply to each and every security interest which you provide us: (a) PPSA sections 95, 121(4), 125, 130, 132(3)(d), 132(4) and 135 are excluded and contracted out of; (b) you waive all rights under the

PPSA to receive any notice from us (including the right to notice of a ‘verification statement’ under PPSA section 157); and (c) we need not give you any notice required under the PPSA.

Default 
Overdue accounts are an unnecessary strain on our resources, impede our ability to maintain a suitable supply for everyone (patients included), and are a direct breach of our credit agreement. Overdue accounts are automatically put on a ‘stop supply’ – no further orders will be dispatched until payment has been received and cleared. Consistent late payment necessitates a permanent withdrawal of credit facility. Please adhere to our trading terms!

If any amount payable by you to us is not paid by the due date for payment, then:

  • you must (on demand) pay us interest on the outstanding amount calculated daily at the rate of 18% per annum from the date the amount became due and payable to the date the amount is paid in full; and
  • we may withhold dispatching any further orders to you until the amount is paid in full.

If you breach your obligations under these Terms and Conditions, you must immediately pay to us on demand all costs and expenses incurred by us in enforcing these Terms of Trade or as a direct result of your breach (including, without limitation, legal costs on a full indemnity basis and debt collection fees).

New & Existing Customers

Credit facility on all new accounts to be reviewed quarterly. Any account not achieving Pro rata $2,000 sales per annum, we reserve the right to require payment prior to goods being dispatched.

Agent

All acts and things which we may or must do under these Terms of Trade may be done by us or our nominated solicitor, agent, contractor or employee.

Limitation of Liability

To the extent permitted by law, our total liability for any claim under or in relation to these Terms of Trade or the supply of goods to you is limited to the price paid by you to us for the goods the subject of the claim

Notices

All notices that may or must be given under these Terms of Trade must be in writing and may be given by post, fax or e-mail.  The notice must be sent to the address or number stated by the intended recipient in any document that refers to these Terms of Trade or as the intended recipient later notifies to the sender.

No Waiver

A failure to exercise or a delay in exercising any right, power or remedy under these Terms of Trade does not operate as a waiver.  A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.  A waiver is not valid or binding on the party granting that waiver unless made in writing.

Assignment

We may at any time assign our rights and interests or novate any of our rights and obligations under these Terms of Trade. 

You must not assign any of your rights or obligations under these Terms of Trade without our prior written consent, which consent may be refused or given in our absolute discretion.

Severability

If the whole or part of a clause in these Terms of Trade is or becomes illegal, unenforceable or invalid, then that clause or part is excluded from these Terms of Trade without affecting the remainder of these Terms of Trade.

Variation

We may vary these Terms of Trade from time to time.  We may notify you of any variation of these Terms of trade by publishing the revised terms on our website or by notifying you that we have done so on an invoice, statement or other written communication.  If you continue to deal with or place orders for goods with us after any such variation, you will be taken to have agreed to those terms as varied and to have taken the supply of those goods on those varied terms.

Governing Law

These Terms of Trade are to be construed in accordance with and governed by the laws of Western Australia.

Interpretation

In these Terms of Trade and in any document that refers to these Terms of Trade:

  • a reference to legislation includes any variation or re-enactment of it and a regulation or statutory instrument issued under it;
  • a reference to a party to these Terms includes the party’s successors, permitted substitutes, permitted assigns and (if applicable) the party’s legal personal representatives; and
  • a right or obligation of any two or more persons confers that right or imposes that obligation on each of them severally and on any two or more of them jointly.

 

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