- In consideration of
payment of the price by Paragon, the Supplier
must supply the Goods and / or the Services in
accordance with the Purchase Order (which
includes these Supply Terms).
- By providing the Products
and /or Services, You agree to be bound by these
Terms and conditions to the exclusion of all
other terms and conditions, including any of
Your standard or back of invoice terms and
most up-to-date version of these Terms as made
available at this website and shall apply.
- Where a Purchase Order
relates to Goods and /or Services as the subject
of a contract between the Supplier and Paragon,
the terms of that contract shall take precedence
over these Supply Terms to the extent of any
- Each party acknowledges and
must undertake to keep the confidential
information of the other party secret.
- These Supply Terms are
construed in accordance with the
Australian Consumer and Business
Fair Trading Acts and
are governed by the laws of the State in which the
Products and/or Services are supplied.
guarantees applying to products
and Importers and Suppliers must guarantee
- are of acceptable quality -
the goods must be safe, lasting, free from defects
- are fit for the purpose for
which they are intended and being purchased.
- are fit for any purpose that
the consumer made known to the business before
buying (either expressly or by implication).
- have been accurately
described - comply with any Product specifications
communicated to You.
- match any sample or
- satisfy any express warranty
- are unencumbered, come with
undisturbed possession - unless you otherwise advise
the consumer before the sale;
They must be supplied within the contracted time, or
in a reasonable time if not specified.
- have spare parts and repair
facilities reasonably available for a reasonable
period of time, unless the consumer is advised
- do not infringe the rights
(including any intellectual property rights) of any
guarantees applying to services
Businesses that supply services guarantee that those
services will be:
- provided with due care and
skill that would reasonably be expected from a
prudent, expert and experienced provider of services
which are similar to the Services.
- fit for any specified purpose
(express or implied)
- and do not infringe the rights
(including any intellectual property rights) of any
- You have and will maintain all
necessary authorizations, permits, approvals and
licenses to supply the Products and/or Services.
- The Services must be provided
by the date specified in the Purchase Order or in a
reasonable time if not specified.
guarantees are not met
Generally, if the problem is minor,
the supplier can choose whether to remedy the
problem with a replacement, repair or refund.
Purchasers are entitled to a remedy – either
a repair, replacement or refund and
compensation for any consequential loss –
depending on the circumstances.
you choose to repair and it takes too
long, the consumer can get someone else to
fix the problem and ask you to pay
reasonable costs, or reject the good and
get a full refund or replacement.
the problem is major or cannot be
fixed, the consumer can choose to.
- reject the goods and
obtain a full refund or replacement, or
- keep the goods and seek
compensation for the reduction in value of the
A purchased item
has a major problem when it
has a problem that would have stopped someone from
buying the item if they had known about it
is significantly different from the sample or
doesn’t do what you said it would, or what the
consumer asked for and can’t easily be fixed.
We reserve the right:
- at any time prior to the
Products being dispatched by You or Services being
supplied by You, to cancel all or any part of an
Order by giving notice in writing to You; and
- at any time, to correct any
errors or omissions in any of Our Orders or other
documentation issued by Us.
- We will endeavour to minimize
any loss to You arising from any cancellation, but
will only be liable to pay Your reasonable costs of
work in progress as at the date of cancellation.
- The Supplier must deliver the
Goods to and /or provide the Services at the Delivery
Address by the Delivery Date. The Supplier warrants
that the Goods will be packed and delivered in the
manner and exact quantity specified by Paragon.
- The Price and Delivery Date for
the Goods and /or Services may not be changed prior to
delivery. The Supplier must notify Paragon if for any
reason it believes that it will be unable to comply
with this clause. In the event of receiving such
notification Paragon may cancel the Purchase Order.
- Except in circumstances that are
outside Your reasonable control, if You accept an
Order, and subsequently You are unable or unwilling to
provide the Products or perform the Services for any
reason, We may engage an alternate provider to provide
the same or similar products and /or services and You
will be liable to compensate Us for any additional
costs and expenses incurred by Us in engaging such
- Title in the Goods passes to
Paragon upon payment of the Price. Risk in the Goods
passes to Paragon upon acceptance of the Goods by a
properly authorised Paragon employee at the Delivery
- Paragon must pay the Supplier
the Price for the Goods and /or Services. The Price is
inclusive of all costs incurred by the Supplier in the
supply of the Goods and /or performance of the
Services including all charges for packing, insurance
and delivery of the goods and the cost of any items
used or supplied in the performance of the Services.
- Except where
Paragon disputes the invoice, Paragon will pay all
compliant Tax Invoices for Goods and/or Services
within the terms specified on the face of this
- If We, acting reasonably, dispute any
amount claimed by You under any invoice, We
may withhold payment of that amount until such
time as the dispute is resolved.
- Paragon may
reduce any payment due to the Supplier under this
Purchase Order by any amount which the Supplier must
pay Paragon, including costs, charges, damages and
expenses and any debts owed by the Supplier to
Paragon on any account whatsoever. This does not
limit Paragon's right to recover those amounts in
Some goods may fail to meet one or more of the consumer
guarantees due to a manufacturing defect or issue that
would otherwise be the manufacturers fault.
- The consumer
can ask the seller to provide a remedy, and the
seller is required by law to oblige.
- In this
situation the manufacturer must reimburse the
seller. The reimbursement amount can include any
compensation paid to the consumer for reasonably
foreseeable consequential losses.
- A supplier
has three years to ask the manufacturer for
reimbursement, from the earliest of the following
- the day they
fixed any problems with the consumer’s goods
- the day the
consumer took legal action against the supplier.
In these terms and
conditions, the words below have the following
Consumer means a person
or a business that purchases goods or services -
means a purchase order given by Us to You in
accordance with the procedures determined by Us and
notified to the You from time to time
Paragon Scientific Pty Ltd (ABN 80 079 284 183
Products means the
products or goods that You supply to Us at Our request
from time to time
Reasonable means what
would be fair,
sensible and acceptable by a
person of sound mind under
the specific circumstances.
the services that You supply to Us at Our request from
time to time
You or Your means the supplier
specified on an invoice or other agreement with Us,
or the supplier from whom the Products and / or
We, Us or Our refers to the Paragon
entity that You are supplying Your Products and / or
Services to, as specified on an Order