Terms and Conditions

General Service Terms and Conditions

1. Acceptance of Purchase Order

No Purchase Order will be deemed accepted by Steritech unless and until an authorised representative of Steritech accepts a Purchase Order in writing, and all accompanying forms and/or quality management documents provided by Steritech to the User in connection with the Purchase Order have been completed by the User.

2. User Acknowledgements and Warranties

The User acknowledges and agrees that:

1. Steritech has no, and will not be deemed to have any, knowledge of the Products; and

2. A breach of any of the following warranties in this clause could lead to damages to the User and/or Steritech, and the User agrees to provide the indemnity to Steritech on account of such damage under clause 11.

The User warrants that:
3. The Products are not Dangerous Goods, and the Products submitted for processing will not contain any batteries or stored energy devices; and
4. It will maintain appropriate insurance in respect of the Products on the Steritech sites and will not do anything which might void any insurance policy held by the User or Steritech.
5. Steritech is not required to insure any of the Products against any risk.

Note: Dangerous Goods means any goods, articles, or substances which are, or may become, a risk to health, safety, property or the environment, including those listed under laws, UN classifications or otherwise liable to cause damage to any person or property.

3. Payment Terms

In consideration of the performance of the Services in accordance with this agreement:

• Steritech will invoice the User.

• The User must pay the Price specified in the Invoice within Steritech’s current debtor policy, which is either:
  a. Cash in advance or on delivery under an initial arrangement, or
  b. Under terms as per an approved Steritech Credit account agreement.

4. Overdue Payment Interest

If the User does not pay an invoice by its due date, Steritech may charge interest on the overdue amount at a rate of 2% above the base lending rate, calculated daily.

5. Suspension for Non-Payment

If payment is more than 30 days overdue, Steritech may suspend the Services and charge for debt recovery efforts, without prejudice to any other remedies.

6. Delay or Failure by User

If there is delay or failure by the User in fulfilling obligations, the User must cover any additional costs incurred by Steritech.

7. Lien and Security Interests

Products will remain in Steritech’s possession under a lien until all related moneys due are paid.
If applicable under the Personal Property Securities Act 2009 (Cth), the User must assist Steritech in perfecting any security interest.

8. Disposal of Products

If the lien is unsatisfied for more than 3 months after notice, Steritech may sell the Products by auction or private treaty and apply proceeds toward outstanding amounts, returning any surplus to the User.

9. Limitation of Liability

A. For consumers under Australian Consumer Law (ACL), this agreement does not exclude Non-excludable Obligations.
B. For non-domestic use consumers:
a. Steritech may either resupply the service or refund the cost.
b. Steritech’s liability is capped at the amount paid for the Services.
c. Steritech excludes all other implied conditions, warranties or guarantees.
d. Steritech’s liability is reduced if the User fails to mitigate losses.
e. No liability for special or consequential losses.

10. Claims for Loss or Damage

Claims must be:

• Notified in writing within 2 days of delivery (or 7 days if not delivered), and

• Legal action started within 6 months of delivery (or expected delivery date).

11. Indemnity by User

The User indemnifies Steritech against any Claims or Liabilities arising from:

1. Damage, injury, or death caused by the Products.

2. Physical effects of Steritech’s services.

3. Acts/omissions or warranty breaches by the User.

4. Government authority actions.

5. Inaccurate or misleading information provided by the User.

6. Delivery delays caused by the User.

7. Unintended incidents not due to Steritech’s gross negligence.

12. Agreement Term and Survival of Terms

This agreement expires after 3 years unless terminated earlier under clause 13.
It supersedes any prior agreement and terms intended to survive termination will remain effective.

13. Termination

Steritech may terminate immediately if:
a. Breach not remedied within 30 days of notice.
b. Breach is unremediable.
c. Change in ownership/control of User.
d. Insolvency Event occurs.

On termination or expiry:

• The User must return or destroy all confidential Steritech information.

• All outstanding Purchase Orders are cancelled.

• Payment for all Services up to termination is required.

• Both parties retain rights for breaches that occurred prior to termination.

14. Insolvency Event

Defined as:
a. Dissolution or death in a partnership.
b. Cessation or sale of business.
c. Inability to pay debts.
d. Arrangement with creditors.
e. Winding-up or appointment of an external controller.

15. Force Majeure

If Steritech is unable to perform due to a Force Majeure Event:
a. It must notify the User.
b. Obligations are suspended during the event.
c. No liability applies during the event period.

Force Majeure includes but is not limited to fire, flood, earthquake, war, terrorism, labour disputes, fuel shortages, and government restrictions.

16. Taxes

All charges exclude Tax.
The User must pay applicable taxes (e.g., GST) in addition to the Service charges.

17. Severability

If any part of this agreement is found invalid or unenforceable, it will be severed, and the remainder will stay in effect.

18. Governing Law

This agreement is governed by the laws of the Australian state or territory specified in the “Site of treatment” section of the relevant service request.

19. Counterparts

This agreement may be signed in counterparts. All parts together form one document.

20. Assignment

The User may not assign this agreement without Steritech’s prior written consent.