The terms have the following meanings in this document unless the context requires otherwise:
By placing an order for any Products you hereby accept these terms and conditions. The acceptance of an order by Liquidia creates a legally binding contract between Liquidia and the Purchaser.
The Purchaser must pay for those Products for which the Purchaser has made within credit terms. All payments must be made payable direct to Liquidia and must be paid using methods approved by Liquidia.
For warranty claims, please contact Liquidia directly.
All ownership of, property in and legal title to all tangible property in Products is Liquidia’s until Liquidia receives full payment for the Products from or on behalf of the Purchaser (Purchased Products).
Liquidia will arrange for Purchased Products to be delivered to the address provided by the Purchaser within the timeframe organised at the time of Order. Liquidia will use such carriers and such modes of transport to deliver the Purchased Products as Liquidia considers appropriate unless requested otherwise by the Customer. Freight charges to regional and remote locations will be freight on.
Purchasers must notify Liquidia promptly of any Products delivered that appear to have sustained Serious Damage during transit or storage. All Purchased Products are deemed to be received in good working condition once the Purchaser accepts delivery.
Liquidia is not responsible or liable for any delays (including any delays caused by Liquidia’s suppliers) or failure to effect the delivery of the Purchased Products due to any cause which is unavoidable or beyond Liquidia’s reasonable control and which prevents, impairs or adversely affects in any way Liquidia’s performance of these terms and conditions, including but not limited to war, fire, flood, natural disaster, strike, labour dispute, act of God, governmental action, civil disturbance, accident, pandemic or inability to obtain or use materials, labour, equipment, facilities, or transportation. In such case, Liquidia shall be afforded a reasonable time in which to arrange for delivery of the Purchased Products, without penalty or liability for breach.
Unless otherwise specified, all Products are covered by the warranty of the original manufacturer, the terms of which vary from Product to Product. Subject to the Trade Practices Legislation clause below, Liquidia further provides, where specified, the following warranties for Products:
The warranties provided by Liquidia are void where: (a) the Purchaser misuses the Products; (b) the damage to a Product occurs during transit or storage; (c) the Purchaser or other unauthorised person/agent attempts to modify or repair the Product; or (d) the damage to a Product is of a kind that can be described as “normal wear and tear”. Purchasers are responsible for retaining invoices as proof of purchase required for claiming under warranties. Invoices must be original copies and show date of purchase. All warranty claims must be made as soon as possible after damage is discovered by notifying Liquidia of the following details:
All warranties on Products are available to Australian residents only and are not transferable. No warranty applies to consumable items or second-hand items. No staff member of Liquidia has authority to change the terms or extend the warranty period stated in a Product listing. All freight charges and other costs associated with returning Products under warranty to Liquidia shall be the responsibility of the Purchaser. Purchasers may return Products to Liquidia.
Subject to the Trade Practices Legislation clause below, Liquidia will only accept returns of Products where, upon inspection:
Where a Product returned by the Purchaser is found to be in good working condition, Liquidia will return the Product to the address provided by the Purchaser. Returned Products accepted by Liquidia will only be exchanged for another similar Product of equal or greater value. Liquidia will only refund the purchase price (including any reasonable freight charges and other costs incurred by the Purchaser in returning the Product to Liquidia) of returned Products accepted by Liquidia where those Products cannot be repaired or replaced with another similar Product of equal or greater value.
The rights given to a Purchaser under the warranty and returns clauses of this agreement are in addition to any rights granted under the Trade Practices Act 1974 (Cth) and equivalent applicable legislation of the States and Territories of Australia, which cannot be excluded, limited, restricted or modified. Nothing in these terms excludes, limits, restricts, or modifies those rights, except to the extent that such exclusion, limitation, restriction, or modification is lawful. Where such exclusion, limitation, restriction or modification is unlawful, to the extent permitted by such legislation, the liability of Liquidia is limited, at its option, to any one or more of the following:
While all care is taken, any errors or omissions in the Product details are unintentional. All pictures contained within a listing are for illustration purposes only. All logos, pictures and trademarks used by Liquidia are the property of their respective owners.
Liquidia, its servants or agents shall not under any circumstances be liable for any injury, loss or damage of any kind arising out of or related to the use, or the inability to use the Products advertised in Liquidia Product listings, whether Products are defective, malfunctioning or incorrectly used. This limitation of liability includes but is not limited to incidental, special or consequential damages, damages for loss of business or other profits.
Liquidia reserves the right to change or add any material relating to Liquidia Products without prior notice. No staff member/agent of Liquidia has the authority to change any of these terms and conditions. Product specifications and exact packaging or package contents may vary from time to time. Liquidia reserves the right to change model descriptions and specifications without prior notice.
Pricing will be reviewed at least annually taking into account CPI and market conditions. The price is based on current DDP pricing for raw ingredients.
In this section, if a term used has a particular meaning in the PPSA, it has the same meaning in this section. This section applies to the extent that the Seller’s interest in any Goods is a security interest including but without limiting, an interest under these Standard Terms.
The Customer acknowledges and agrees that the Seller may apply to register a security interest in the Goods at any time before or after delivery of the Goods. The Customer waives its rights under s. 157 of the PPSA to receive notice of any verification of the registration. The Seller can apply amounts it receives from the Customer towards amounts owing in such order as the Seller chooses.
If the Customer defaults in the performance of any obligation owed to the Seller under these Standard Terms or any other agreement for the Seller to supply goods to the Customer, the Seller may enforce its security interest in any goods by exercising all or any of its rights under these Standard Terms or the PPSA. To the maximum extent permitted by law, the Seller and the Customer agree that the following provisions of the PPSA do not apply to the enforcement by the Seller of its security interest in the Goods: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135.
This Agreement shall be governed by and construed according to the laws of the State of Victoria. The parties agree to submit to the non-exclusive jurisdiction of the Victorian courts and any courts from which appeals may be heard. Any provision of this Agreement held invalid, unenforceable or illegal for any reason is deemed deleted from this Agreement, which shall remain in full force apart from those deleted provisions.
AdBlue® will be supplied in accordance with Standard ISO 22241.1. It is the responsibility of the Customer to ensure that AdBlue® is stored out of direct sunlight and to protect AdBlue® from any contamination carried by the air or by using dirty equipment — use well-closed containers, or vented containers with filters.
Liquidia requires official purchase orders to be provided at the time of order. Suppliers should ensure that purchase order numbers are quoted on all invoices to avoid delays in processing and payment.
Liquidia is committed to maintaining a sustainable and ethical supply chain. In performing obligations under Supply Contracts, the Supplier must: