Terms & conditions

1.1. In these Terms:

• “Company” means Discount Pharmacy and Company Limited. (Comprising Sesago Healthcare).
• “Customer” means the purchaser of Goods from the Company.
• “Goods” means all goods sold and/or delivered by the Company to the Customer.
• “Terms” means these terms and conditions of sale.

• 2.1. These Terms apply to all contacts for the sale of Goods by the Company. Additional terms and conditions apply for credit sales.
• 2.2. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
• 2.3. The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

• 3.1. Prices are determined at the time of order, but are subject to change due to foreign exchange fluctuations, additional freight charges and/or cost variations of the Goods imposed by the manufacturers or suppliers that are beyond our control. If, due to a foreign exchange fluctuations, imposition of additional freight charges or a cost variation imposed by the manufacturer or our supplier the cost of the Goods is increased, then this increased will be passed on to the Customer.

• 4.1. Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
• 4.2. The invoice price must be paid in full before delivery or as agreed during opening of the credit account

• 5.1. The customer must, within seven (7) days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price for local collection
• 5.2. Any failure on the part of the Company to deliver products within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.

• 6.1. Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
• 6.2. Where the title of the Goods has not passed on to the Customer, the Company, it’s employees, agents or representatives reserve the right at all reasonable times without notice, to enter into, and to remain in and on any premises where the Goods are located in order to collect the Goods without being guilty of any manner of trespass, and the Customer irrevocably warrants and agrees to permit the Company and its agents such access.

• 7.1. The Goods are entirely at the risk of the Customer from the moment of dispatch from the Company’s premises to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time.

• 8.1. No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given, it is at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than ten percent (10%)of the invoice price of the Goods).
• 8.2. Purchase orders for specifically made to order Goods are not cancellable once the order has been placed with the Company.
• 8.3. Once a pharmaceutical product is sold under no circumstances it will be returned due to compliance & safety aspect .Ambulatory products can be returned if found defective & are covered with the warranty

• 9.1. Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample. All sales to the Customer must be supported by the Company’s official invoices.

• 10.1. The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.

• 11.1. The Company will not be liable for any breach of contract due to any matter of thing beyond the Company’s control (including but limited to transport stoppages, transport breakdown, fire, flood, wars, riots or civil commotion, intervention of public authority, explosion or accident).

• 12.1. No failure by the company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.

• 13.1. Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.

• 14.1. If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforce ability of the remaining provisions are not affected.

• 15.1. These Terms and the Contract shall be governed by the laws of Papua New Guinea.