This page sets out the terms and conditions on which we supply any of the goods through our companies Kiwi Medical Supplies LLC and Kiwi Medical Supplies (India). Please read these terms and conditions carefully before ordering any goods from our site. You should understand that by ordering any of our goods, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you should not order any Goods from our site.
1. INFORMATION ABOUT US
www.kiwimedical.com is a site operated by Kiwi Medical Supplies LLC. We are registered in United Arab Emirates under company license number CN-1445529 and have our registered office at 3, Building 53 Town Center Al Ain United Arab Emirates 15890.
2. YOUR STATUS
2.1 Our site is only intended for use by businesses and educational establishments. If you are not based in the United Arab Emirates, please contact us by email at info@kiwimeduae.com or by telephone on +971 03 737 7499 to enable us to process your order.
2.2 By placing an order through our site, you warrant that:
2.2.1 you are legally capable of entering into binding contracts;
2.2.2 you are acting as a business or educational establishment;
2.2.3 you are at least 18 years old
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, we will acknowledge that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
3.2 These terms and conditions shall become binding on you and us when we deliver the Goods to you, at which point a contract shall come into existence between us for the Goods that we have delivered (a “Contract”).
3.3 The Contract will relate only to those Goods which we have delivered to you. We will not be obliged to supply any other Goods which may have been part of your order until we have delivered them to you.
3.4 If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorized employees and agents. Please ensure that you read and understand these terms and conditions before you accept them and submit the order, because you will be bound by the terms and conditions once a Contract comes into existence between us, in accordance with condition 3.2.
3.5 These terms apply to a Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
3.6 Any samples, drawings, descriptions or advertising that we issue, and any descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
3.7 We shall assign an order number to the order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the order.
3.8 We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms and conditions is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
4. GUARANTEES
4.1 We warrant that on delivery, the Goods shall:
4.1.1 be of satisfactory quality;
4.1.2 be free from material defects in design, material and workmanship; and
4.1.3 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Arab Emirates.
4.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
4.3 These terms and conditions apply to any replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these terms and conditions.
4.4 Except as set out in these terms and conditions all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
5. DELIVERY
5.1 Standard delivery: We aim to deliver or have available for collection in-stock items next working day on all orders. This however is not guaranteed, and time critical items should be discussed with our sales team before ordering. In the United Arab Emirates, Friday delivery is not possible but will need to be arranged through our sales team and is liable to a surcharge. Please allow extra time for deliveries to the for locations outside Al Ain United, Arab Emirates or outside
5.2 Delivery of the order shall be completed when we deliver the Goods to you.
5.3 We will take reasonable steps to meet any estimated delivery date. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed.
5.4 If we fail to deliver our Goods you must notify us within 7 days of the expected delivery date. Any claim that is made after the 7 days period will not be accepted. Our liability shall be limited to the costs and expenses that you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.5 If you fail to take delivery of an order, then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond your control:
5.5.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover storage, insurance and other expenses incurred.
5.5.2 We shall have no liability to you for late delivery.
5.6 If you have not taken delivery of the Goods within 2 weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
5.7 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.8 If upon delivery you discover that the Goods are damaged or have not been delivered in accordance with your order then you must notify us of this within 5 working days of the date of delivery. If you fail to do so then we will not be obliged to remedy the defect. If you are a consumer this does not affect your statutory rights.
6. DEFECTIVE GOODS AND RETURNS
6.1 In the unlikely event that the Goods do not conform with these terms and conditions, please let us know as soon as possible after delivery. We will then either authorize the return of the Goods and arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) or ask you to return the Goods to us at our cost, and once we have checked that the Goods are faulty, we will:
6.1.1 provide you with a full or partial refund;
6.1.2 replace the Goods; or
6.1.3 repair the Goods.
6.2 These terms and conditions will apply to any repaired or replacement Goods we supply to you.
6.3 If having checked any returned Goods, we have found that they are not faulty, we may charge you a handling fee equivalent
to 20% of the price that you originally paid for the Goods or £10, whichever is the greater.
7. TITLE AND RISK
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges, and any other goods that we have supplied to you.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as set out on our site at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed in writing.
8.2 These prices include VAT which will be added to the total amount due at the checkout.
8.3 These prices exclude delivery costs, which will be added to the total amount due at the checkout.
8.4 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time. Where the Goods’ correct price is less than or higher than our stated price, we will charge the correct price when dispatching the Goods to you.
8.5 If you do not have an account with us payment for all Goods must be made in advance by credit or debit card. Cheque payment will be accepted but goods will only be released when the funds have cleared.
8.6 If you have an account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies within 30 calendar days of the date of the invoice.
8.7 If you do not make any payment due to us by the due date for payment (as set out in condition 8.6), we may charge interest to you on the overdue amount at the rate specified in the late payment of commercial debts (interest) Act 1998 as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
8.8 It is a criminal offence to use a false name or a invalid credit or debit card to purchase Goods from our site.
8.9 If:
8.9.1 your payment for Goods is overdue;
8.9.2 you have breached these terms and conditions; or
8.9.3 we suspect that you have or are about to engage in any kind of fraudulent activity in relation to our business, we may terminate any of your outstanding orders, your account and may, at our sole discretion, refuse to accept any of your future orders.
8.10 If you apply for a credit account we may make searches about the company, a sole trader, partnership or consumer with credit reference agencies who will supply us with credit information, as well as information from the Electoral Register. The agencies will record details of the search whether or not credit is granted. This information may also be used for debtor tracing, fraud prevention, prevention of money laundering as well as the management of your account.
9. LIABILITY
9.1 Subject to condition 9.3 we shall only be responsible for losses which are a foreseeable consequence of our failure to comply with these terms and conditions and our total liability to you for all losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods.
9.2 Subject to condition 9.3 we shall not be responsible for losses that you suffer as a result of our failure to comply with these terms and conditions that fall into the following categories:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of anticipated savings;
9.2.4 loss of data; or
9.2.5 any waste of time.
However, this condition 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.3 This condition 9 does not include or limit in any way our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
9.3.4 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 strikes, lock-outs or other industrial action;
10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
10.2.5 the failure of our agents or subcontractors;
10.2.6 impossibility of the use of public or private telecommunications networks; or
10.2.7 the acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure.
11. LINKS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that goods you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
12. EXCLUSIVE GOODS
Goods which are described as being exclusive are exclusive to Kiwi Medical Supplies LLC and Kiwi Medical Supplies (India).
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES
All notices given by you to us must be given to Kiwi Medical Supplies LLC, 3,Building 53 Town Center Al Ain United Arab Emirates 15890 info@kiwimeduae.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
17. SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
18.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
18.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
18.4 Nothing in this clause shall limit or exclude any liability for fraud.
19. LAW AND JURISDICTION
Contracts for the purchase of Goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Kiwi Medical Supplies LLC (UAE) and Kiwi Medical Supplies (India) CONDITIONS OF QUOTATION AND SALE
1. Interpretation. In this Agreement the following definitions shall apply:
“Kiwi Medical” means Kiwi Medical Supplies LLC (UAE) and Kiwi Medical Supplies (India) and it’s substitutes, successors, assigns and agents.
“Contract Goods” means the goods ordered by the Customer from Kiwi Medical as stipulated on the reverse;
“Loss” means any loss, liability, damage, expense or cost whatsoever and includes (without limitation) indirect or consequential loss or damage, loss of profits or business opportunity, and damage to equipment or property.
2. Price.
2.1. Prices quoted for Contract Goods are based on information available to Kiwi Medical at the time of the Quotation (“Quoted Price”). Kiwi Medical reserves the right to amend the Quoted Price at any time prior to acceptance of the order by Kiwi Medical or otherwise in accordance with this clause 2.
2.2. Kiwi Medical is permitted to vary the Quoted Price, unilaterally by notice in writing to the Customer should there have been any circumstance that affects the Quoted Price including, but not limited to variations in; the rate of exchange (see Clause 2.3), the rate of Customs’ duty (Clause 2.4), any applicable tax, including sales tax (Clause 2.6), GST or delivery costs (Clause 2.7), since the date of the quotation.
2.3. Rates of Exchange. Prices quoted are based on currency rates of exchange at the time of quotation. Any variation in excess of 2% from that rate of exchange at the time of delivery may result in a variation of the Price (the “Variation Amount”) as determined by Kiwi Medical in its absolute discretion.
2.4. Duty Free. Should Duty Free prices be requested and subsequently quoted by Kiwi Medical, it is understood by the Customer that such prices are based on the Contract Goods being indented from overseas against the Customer’s order. It is then the responsibility of the Customer to provide Kiwi Medical with the necessary documentation from the Customs Department to enable the items ordered to be brought into UAE/Mumbai Duty Free. Where duty fees are imposed for any reason whatsoever the Customer understands that it is responsible for these and that this will be added to the Price.
2.5. “Ex-Stock”. All Contract Goods quoted “ex stock” are subject to prior sale. For those items quoted on an indent basis, the delivery time is based upon Kiwi Medical’s knowledge at the time of quotation.
3. Payment.
3.1. Where credit terms have not been agreed to, payment will be required in advance after receipt of invoice in full.
3.2. Where separate credit terms have been agreed in writing, or as part of quote accounts will be settled as per those terms.
3.3. Time of payment shall be the essence of the contract.
3.4. For late payments over 30 days from due date, Interest of 2% per month delay will be issued to the Customer may be levied at the discretion of Kiwi Medical.
4. Delivery and Risk.
4.1. Unless otherwise specified by Kiwi Medical, the delivery point shall be Kiwi Medical’s premises and no failure or refusal by the Customer to take possession of any Contract Goods shall affect the time of Delivery.
4.2. Any time stated for Delivery on an Order Form or otherwise is an estimate only and not of the essence of the Contract. Kiwi Medical will in no event be liable for any late Delivery or loss sustained as a result or consequence.
4.3. Kiwi Medical shall not be responsible or liable for any loss or damage to any Contract Goods, or any loss or damage that the Customer may suffer in relation to the transport of the Contract Goods.
4.4. At its discretion, Kiwi Medical may store Contract Goods that have been ordered by the Customer and delivered to Kiwi Medical, until such time as the Customer is ready to take delivery of the Contract Goods or Kiwi Medical refuses to continue to store the Contract Goods (whichever occurs sooner). The Customer will be liable for all reasonable costs incurred by Kiwi Medical in storing the Contract Goods from the time of Delivery.
5. Retention of Title.
5.1. Until the Customer has paid Kiwi Medical for the Contract Goods, title in the Contract Goods will not pass to the Customer. Where the Contract Goods have been delivered to the Customer, the Customer must store the Contract Goods (in respect of which payment has not been made) separately from other Contract Goods that have been paid for and in a manner that allows the unpaid Contract Goods to be clearly identified.
5.2. Until the Contract Goods are paid for, the Customer holds them as bailee at will holding for Kiwi Medical.
5.3. The Customer must keep the Contract Goods insured noting Kiwi Medical’s interest therein. Where the Contract Goods are destroyed or damaged, the whole of the proceeds of any insurance claim made by the Customer under its policy will be held by the Customer on trust for Kiwi Medical and applied firstly in paying for the unpaid Contract Goods.
5.4. Notwithstanding that title remains in Kiwi Medical, the Contract Goods will be at the Customer’s risk until they are paid for.
6. Deposit. Where stipulated in the body of the quote that a deposit is payable, the Customer must pay the deposit within 14 days of a request from Kiwi Medical. Where the Customer is in breach of this Agreement and Kiwi Medical terminates this Agreement as a result, the deposit will be forfeited to Kiwi Medical. Until such time as deposit is received or order quote activated.
7. Notification of Defects and Returns.
7.1. All breakages and short deliveries must be notified to the Kiwi Medical Customer Care team within 72 hours of receipt (“Notice”). Failure to provide Notice as required by this clause will negate any responsibility of Kiwi Medical for such breakage’s and/or short deliveries.
7.2. Only Contract Goods supplied in error or that are faulty will be considered for a refund or return after Notice.
7.3. Where Kiwi Medical otherwise agrees with the Customer to permit a refund in its absolute discretion, the return may be subject to a minimum 15% restocking charge or any other reasonable charge or cost incurred or otherwise levied by Kiwi Medical.
8. Warranty.
8.1. Except as expressly set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. Without limiting the foregoing: (a) the Customer acknowledges that Kiwi Medical does not manufacture the Contract Goods; and (b) Kiwi Medical will not be held responsible for the incorrect description, use or application of the Contract Goods.
8.2. The Contract Goods referred to in this quotation are warranted for a period as indicated in the body of the quote from the date of dispatch unless otherwise stated. Should any of the Contract Goods fail due to any defect in materials or workmanship, Kiwi Medical undertakes to repair, free of charge. Kiwi Medical does not warrant against failure of any component of the Contract Goods which is consumed in the normal operation of the Contract Goods including, but not restricted to lamps or illumination sources, thermocouples, electrical heaters or elements, batteries and items solely or partly manufactured from glass, silica or ceramic material. In any event this warranty does not apply to any fault in the Contract Goods which results from the negligence or malpractice of the Customer, it’s employee’s, agents or any third party. The warranty does not apply to realignment or re-calibration of any Contract Goods, where the need for such re-alignment or re-calibration results from the ordinary use of the product.
9. Commissioning. Commissioning shall not be carried out by Kiwi Medical unless previously agreed in writing by Kiwi Medical. Where installation and commissioning is agreed to by Kiwi Medical, it is the Customer’s responsibility to provide all services and utilities required, including but not restricted to; electrical, water, air and waste connections. Where special handling or lifting equipment is required all costs and risk shall be borne by the Customer.
10. Entire Agreement.
10.1. Any marketing material provided by Kiwi Medical in respect of a quotation generally represents the Contract Goods, but may not comply in all respects to the item supplied, as manufacturers always reserve the right to make design or performance alterations without prior notification.
10.2. This Agreement is the entire agreement of the parties on the subject matter. The only enforceable obligations and liabilities of the parties in relation to the subject matter are those that arise out of the provisions contained in this Agreement. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this Agreement.
11. Modifications. Kiwi Medical will undertake to make minor modifications (e.g. power leads, plugs, fuse holders, etc.) but will not interfere with any function of the Contract Goods that may jeopardise the manufacturer’s warranty. If the Customer desires to make further modifications, it must obtain written permission from Kiwi Medical in advance before doing so. Despite any consent provided by Kiwi Medical, all modifications are affected at the risk of the Customer.
12. Indemnity. To the maximum extent permitted by law, the Customer unconditionally releases, discharges and forever indemnifies and holds harmless Kiwi Medical from, against and in relation to:
i. all loss, damages, suits, demands, expenses or claims resulting from, connected with or based on any Contract Goods supplied by Kiwi Medical to the Customer;
ii. matters, circumstances, damages, losses or liabilities that have been limited or excluded in this document;
iii. any breach by the Customer of this Agreement; and
iv. any matters, circumstances, damages, losses or liabilities for which the Customer has assumed the risk in this document,
to the extent that the foregoing may exceed in any instance, the limit of Kiwi Medical’s liability set out in clause 13.
13. Liability of Kiwi Medical which is to include its directors, officers and agents.
i. To the maximum extent permitted by law, this clause 13 sets out the entire financial liability of Kiwi Medical in respect of: (a) any breach of this Agreement; (b) any use of the Contract Goods by the Customer; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement, or their subject matter.
ii. Despite anything in this Agreement, Kiwi Medical will not be liable to the Customer or any person by or through the Customer, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: (a) loss of profit; or (b) loss of goodwill; or (c) loss of business; or (d) loss of business opportunity; or (e) loss of anticipated saving; or (f) loss or corruption of data or information; or (g) any special, indirect or consequential damage suffered by the Customer or any person by or through the Customer.
iii. Despite anything in this Agreement, Kiwi Medical’s total liability arising under or in connection with this Agreement and its subject matter, whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, will be limited to the cost of the Contract Goods the subject of this Agreement to which the liability relates, or if that sum is not determinable, $100.
iv. Kiwi Medical’s sole liability for the breach of any guarantee under the Competition and Consumer Act 2010 (Cth) in regards to which liability cannot be excluded, is limited at Kiwi Medical’s option to the replacement or repair of the goods or supply of equivalent goods or payment for replacing or repairing the goods or supplying equivalent goods.
14. Force Majeure. If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Kiwi Medical, Kiwi Medical is unable to perform in whole or in part any obligation under this agreement then:
i. Kiwi Medical is relieved of that obligation under this agreement to the extent and for the period that it is unable to perform such obligation; and
ii. Kiwi Medical will not be liable to the Customer for failure to perform such obligation or any loss sustained therein, to the extent and for the period of non-performance contemplated by this clause.
iii. Where the force majeure event extends beyond one (1) month, either party may terminate this contract.
15. No Variations. Except where Kiwi Medical exercises any of its price variation rights under Clause 2, this Agreement can only be varied in writing, where it is signed by an authorised representative of both parties.
16. Survival. Clauses 4, 5, 7, 8.1, 12, 13, 14 and any other provision, which by its nature survives termination or expiry of this document, will survive any termination or expiry of this document.
17. Severance. If any part of this document is, or becomes, legally invalid or unenforceable, the remainder of this document subsists and remains enforceable.
18. Jurisdiction. This Agreement is governed by, takes effect and will be construed in accordance with the laws of the State or Territory in which this Agreement is made and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State or Territory and courts entitled to hear appeals there from.