B. by BANILA Smudging Lip Pencil (5 Colours) 0.8g

1. The property in the Goods shall pass to the Buyer upon the same being placed on the vehicle which would effect the delivery thereof to the Buyer and shall thereafter be at the Buyer's Risk.
2. In consideration of Pharmacoo delivery charge applying at the time of delivery, Pharmacoo agrees to provide to the Buyer, on the Buyer's account and at the Buyer's option the delivery of the Goods to the Buyer's premises and insurance thereon.
3. If the Goods were delivered by Pharmacoo pursuant to the Buyer's option, then the Buyer agrees to pay, in addition to the sale price of the Goods, the delivery and insurance charges as will be provided in the relevant invoice in respect of the Goods. Unless otherwise agreed by Pharmacoo in writing, all payments are made when ordering.
4. The buyer acknowledges that any Samples, Counter Displays, Tester Stands, Tester Refills or Store Literature (“Collateral Goods”) shown upon the invoice are sold by Pharmacoo to the buyer together with all other goods appearing upon the invoice.
5. The purchase price of collateral goods shown upon the invoice is equal to the total invoice price multiplied by the collateral goods cost price to Pharmacoo divided by the total cost price of all goods appearing upon the invoice.
6. To the extent permitted by any applicable laws (including without limitation Part V of the Trade Practices Act 1974) all express and implied guarantees, warranties and conditions under general law, statute or otherwise, whether as to materials, description, quality, suitability or fitness or otherwise of the Goods are hereby expressly excluded.
7. If for any cause or reason whatsoever beyond Pharmacoo's control including, without limiting the generality of the foregoing, act of God, war, strikes, lockouts, industrial disputes, governmental control, restriction or prohibition or any contingencies in the opinion of Pharmacoo substantially hinder, delay or impede or prevent Pharmacoo from carrying out its obligations hereunder, Pharmacoo may suspend operations on the contract until the same can be recommenced or the contract shall be voidable at Pharmacoo option.
8. Except with the consent of Pharmacoo, the Order in whole or in part cannot be cancelled.
9. The Goods may be returned only in accordance with the terms of Pharmacoo’s Return of Goods Policy. Where Pharmacoo agrees to accept Goods for return other than for reasons of Damaged Goods in Transit, Faulty and Damaged Goods, Customer Skin Reaction and Goods not ordered, a Restocking Charge of 30% of the price of the Goods returned will be made.
10. The Buyer expressly acknowledges that if it fails to pay any amount due to Pharmacoo, including without limitation any amount due in respect of any previous order, or if the Buyer becomes insolvent or a receiver is appointed thereon or upon the occurrence of any other event which in the reasonable opinion of Pharmacoo would materially affect the ability of the Buyer to make timely payments hereunder, then Pharmacoo shall be entitled at its option to refuse to supply the Goods covered by this Order without notice and without liability. Any such refusal to supply as aforesaid shall be without prejudice to the rights of Pharmacoo against the Buyer to recover any amounts due to Pharmacoo.
11. Any dispute regarding the interpretation or validity hereof shall be governed by the laws of the State of New South Wales.
12. The Buyer shall not alter, tamper with or mark the Goods.
13. The Buyer acknowledges that all Pharmacoo Goods are sold by the Buyer on specified premises in accordance with the terms of Pharmacoo’s Distribution Agreement with the Buyer.
14. All claims in respect of the Goods must be made within seven (7) days of the Buyer becoming aware thereof of receipt of Goods.
15. The prices set out or referred to on either the invoice, order form or any other publication relating to Pharmacoo Goods are recommended prices only and there is no obligation to comply with the recommendation.
    
16. The terms and conditions set out herein constitute entire terms and conditions applicable to the sale of Goods to the Buyer by Pharmacoo and no variation or exclusion of any of the terms or conditions shall be effective unless agreed in writing by Pharmacoo.

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Supporting Hours: Monday – Friday, 9:30am – 5:30pm (except Public Holidays)
Warehouse Address: Unit 22/45 Powers Road, Seven Hills, NSW 2147, Australia (By Appointment Only)

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