Terms of Sale

The following Document is a summary of the Baxter Healthcare Pty Limited "Trading Terms and Conditions" and applies to customers ordering direct from Baxter Healthcare Pty Limited. It does not apply to orders of Baxter products placed through agents or distributors, nor where other contractual arrangements are in place.

Due to the specialised nature of the business, Baxter Pharmacy Services (BPS) Terms of Sale vary to these Terms where noted, and these variations are shown on the attached Schedule. All charges herein are exclusive of GST.

• Orders requiring despatch for the next planned delivery day are to be placed before
  1.00pm.
• Orders received after 1.00pm will be forwarded on the subsequent planned delivery day. 
• No changes to processed orders can be accepted. 
• Refer Schedule for special BPS Terms.
  

• Goods that are despatched on the Delivery Plan will incur a nominal freight charge.
  Consult your Baxter Customer Service representative for details of your Delivery Plan.
• Deliveries outside the Delivery Plan will incur additional freight costs.
• All freight costs, including those of customer's request, will be charged on invoice.
• Claims for shortages or damages upon delivery must be made within two (2) working days after receipt of those goods.
• Where a delivery of goods to the customer's nominated address cannot be affected, a
  delivery and return fee will be charged, based on courier rates.
• Scheduled deliveries will be made at no cost to consumers on Baxter's Home Delivery
  Service. This includes deliveries to consumer's domestic travel or selected international
  holiday destinations.
• Refer Schedule for special BPS Terms.
  

• Each order with a total value of less than $350 will be subject to a handling fee of $60.00. This excludes spare parts ordered direct from Baxter Technical Services.
• Urgent orders received for same day delivery will be subject to a $60.00 handling fee plus freight costs with the exception of Tisseel frozen products which will be subject to a handling fee of $100.00, plus express transport cost. 
• Emergency after hours orders will be subject to a $250.00 handling fee plus after hours
  freight charges at cost.
  

• Baxter trading terms are nett 30 days from date of invoice

• All prices are exclusive of GST.  If GST is payable by Baxter on any sale the buyer will pay to Baxter an amount equal to the GST.  Baxter will supply all Customers with a Tax Invoice showing the GST component.
• The prices and specification of Baxter's products are subject to change without notice.
  

• Section 5.65 of the Australian Code of Good Manufacturing Practice (GMP) for Medicinal Products (the "Code") issued 16th August, 2002 by the Therapeutic Goods Administration, prohibits the re-issuing or re-using returned goods where, among other factors, there is any doubt as to these products being maintained in the required storage conditions. Customers returning goods for credit will need to certify that the goods concerned have been stored in the required storage conditions.

Returned Goods for Credit will be accepted when:
Goods delivered in error by Baxter. The incorrect delivery will be returned at no cost to the customer and a full credit will be issued.
Goods damaged in transit. Damage must be noted on the customer's copy of the
delivery documentation and countersigned by the delivery driver.
Un-used Goods from Renal consumers no longer requiring peritoneal dialysis. A 90%
credit will be issued for such goods returned on a scheduled Baxter pick-up; an 80%
credit will be issued if product is returned on an unscheduled or courier pick-up.

Criteria for Returned Goods for Credit:

• No return of product will be accepted without prior authorisation. A separate "Returned
  Goods Authority " (RGA) number must be issued by your Baxter Customer Service
  Representative prior to return of goods.
• The RGA number must accompany each item returned for credit. Any goods received
  by Baxter without an RGA number, or do not comply with the requirements of the Code
  must be destroyed by Baxter in accordance with the Code.
• Completion by the customer of a storage condition certification will be required before a credit can be issued. Baxter will provide the certificate for completion by the customer at the time it arranges the pick-up of the return.
• A Baxter Quality Assurance representative will make an inspection on all goods
  returned.

Goods will not be accepted for credit in the following circumstances:

• When the Goods cannot be certified to have met required storage conditions.
• If the return delivery is not accompanied by a Baxter RGA number.
• When Goods are returned in packaging that is damaged, written upon or otherwise
  marked and is in an unsaleable condition.
• When Goods are returned more than 7 days after the RGA number is issued.
• When Goods are returned in opened packages / cartons.
• When Goods have a remaining expiry dating of six months or less.
• If Goods have been made or labelled to a specific order
  - Where Goods have had patient contact.
  

• The purchaser shall inspect the goods immediately upon receipt. Thereafter quantity,
  description, date, time and place of delivery of goods as indicated on Baxter's invoice or
  delivery docket or copies thereof shall be conclusive evidence of quantity, description, date, time and place of delivery of goods.
• Requests for "Proof of Delivery" (POD) will only be accepted within fourteen (14) days from the date of statement, and proof of the delivery shall constitute proof of the total delivery indicated on Baxter's delivery documents.
• An "Authority to Leave" given to Baxter in writing provides Baxter with the right to leave goods without inspection and eliminates the need for a signature from the receiving party. The risk for the goods passes to the purchaser immediately upon delivery.
  

Baxter warrants that each product it manufactures is free from defects in materials or
workmanship. Product distributed by, but not manufactured by Baxter is warranted by its manufacturer. Except to the extent required by law, there are no other expressed or implied warranties, including any warranty of merchantability or fitness for a particular purpose.  Baxter's sole obligation and the Purchasers exclusive remedy for breach of any warranty shall be, at Baxter's option, to repair or replace the product. Baxter shall not be liable for proximate, incidental or consequential damages.

These Terms of Sale are:

• Effective from 1st November, 2006 and
• Are subject to change without notice.