Payment Terms
1. The terms of payment are strictly thirty (30) days from the date of invoice. If any part of the invoice is disputed by the Client, the Client must pay the undisputed part of the invoice within thirty (30) days, and any disputed parts as determined and agreed, within five (5) days of settlement of the dispute.
2. RediMed Pty Ltd may, at any time, vary these terms and conditions provided the Client is given not less than thirty (30) days prior written notice of any substantive or material variation prior to it taking effect.
Services and Fees
3. Unless otherwise agreed in writing by both parties, RediMed will charge its standard rates for each service provided.
4. RediMed will review its fees for non-gazetted services on 1 July annually or at any time deemed appropriate by the Client, whilst providing not less than thirty (30) days’ notice of any intended pricing uplift.
5. All service fees are exclusive of GST and where required, GST will be charged additionally.
6. Where government-mandated or gazetted pricing is applicable including but not limited to the various Australian WorkCover jurisdictions (e.g. Workcover WA, Workcover QLD etc.) and the Australian Medical Association (AMA), RediMed will apply the official legislative uplifts as published by the relevant authority, effective from the date that it comes into effect. These uplifts will take effect in accordance with the state or federal based government legislation and will not be varied via negotiation.
7. For all other services, where gazetted rates do not apply, RediMed reserves the right to apply an annual price variation aligned with the appropriate Consumer Price Index (CPI), relevant market movements, or other substantiated cost variations. RediMed will provide the Client with not less than thirty (30) days’ written notice of any intended CPI based, market related, or other pricing adjustment, together with supporting documentation. RediMed will also try where possible to align these uplifts to 1 July each calendar year.
8. Cancellation fees will apply for all services cancelled by the Client as follows:
Pre-Employment Services
a) If the appointment is cancelled or rescheduled with less than six (6) business hours’ notice or the candidate does not arrive, RediMed will charge a cancelation fee equal to fifty per cent (50%) of the service fee. Please note that RediMed facilitates the substitution of one candidate for another up until the time of booking as part of its value proposition
b) If the Service relates to an alliance booking and the Client cancels the appointment and gives less than one (1) business day notice, or the candidate does not attend the appointment, RediMed may charge a cancellation fee equal to one hundred per cent (100%) of the service fee.
RediMedicolegal Services
a) If the Client cancels the appointment by giving less than three (3) business day notice, or the Examinee does not attend the appointment, RediMed will charge a cancellation fee equal to fifty per cent (50%) of the service fee;
b) If the Client cancels the appointment on the day of service or the examinee fails to attend the appointment, RediMed will charge a cancellation fee equal to one hundred per cent (100%) of the service fee;
Allied Health Services
a) If the Client/Patient cancels the appointment by giving less than two (2) business day notice, RediMed will charge a cancellation fee equal to twenty-five per cent (25%) of the service fee;
c) If the Client/Patient cancels the appointment by giving less than two (2) business hours’ notice, or the Patient does not attend the appointment, RediMed will charge a cancellation fee equal to fifty per cent (50%) of the service fee;
Health & Wellbeing Initiatives
a) Regional and rural on-site clinic services are quoted on an individual basis to account for travel and overnight stays.
b) All expenses incurred by RediMed for travel and onsite services will be on-charged to the company at full cost.
c) Full cost will be charged for any travel/on-site expenses incurred by RediMed in the event of cancellations.
d) If the Client cancels the on-site services by giving less than five (5) business day notice, RediMed will charge a cancellation fee equal to twenty five per cent (25%) of the service fee;
e) If the Client cancels the on-site service on the date of service or the intended recipient of the service fails to attend, RediMed will charge a cancellation fee equal to one hundred per cent (100%) of the service fee;
9. Should the Client fail to pay for the services supplied by RediMed in accordance with the credit terms provided herein, or as agreed in writing from time to time, RediMed may issue a written notice advising the Client of the outstanding amount and requesting payment. Interest or administration fees will only apply if the Client fails to pay the outstanding amount within thirty (30) days of receiving such notice. In that circumstance, RediMed may charge a reasonable administration fee, calculated at a rate not exceeding 10% per annum on the overdue amount, applied only from the expiry of the 30 day notice period until payment is made by the Client.
Purchase Orders (PO’s)
10. A purchase order number, where required by the Client, must be provided at the time of making an appointment.
Credit Facility
11. Prior to RediMed providing the Client with credit, RediMed may request information from a credit provider, credit reporting agency or other party in order to assess the creditworthiness of the Client. Any decision to provide credit, as well as the terms on which the credit will be provided, will be at the sole discretion of RediMed.
12. RediMed may only disclose information provided by the Client in the course of a credit application to a credit reporting agency, debt collection agency or solicitor if, after receiving a written notice advising of the outstanding amount, the Client fails to pay that amount within thirty (30) days of receiving such notice. Any disclosure must relate solely to the Client’s continued non payment following the expiry of that 30 day notice period.
13. RediMed may at its absolute discretion, set a credit limit for the Client. The credit limit may be reduced by RediMed upon written notification to the Client.
14. If the Client enters into Administration or if any of the Directors of the Client file for bankruptcy, RediMed may suspend the credit limit of a Client without notice.
15. RediMed reserves the right to pursue any outstanding debt from the Client, which includes any costs in doing so including (without limitation) legal fees, court fees, administration fees and other expenses incurred while enforcing its rights.
Cancellation of Services
16. If the Client defaults on any of the terms and conditions contained herein, RediMed reserves the right to withdraw services to the Client.
Clinical Records
17. Title to all medical records will remain the property of RediMed. Notwithstanding the foregoing, upon receipt of a formal written request, RediMed will release medical information to the requesting party in accordance with all applicable Freedom of Information legislation, regulatory requirements, and any other statutory obligations governing access to personal, sensitive or health related information. Such disclosure will be limited to the extent required by law and may be subject to verification of identity, completion of necessary authorisation documents, and payment of any applicable administrative fees.
Workplace Health & Safety
18. If RediMed is required to perform the services at the Client’s premises or other nominated site owned or controlled by the Client, the Client must ensure that it complies with all current applicable Health and Safety legislation to ensure the safety of RediMed’s employees or agents.
19. Upon cancellation with or without notice, all liabilities incurred by the Client become immediately due and payable to RediMed.
Force Majeure
20. Neither RediMed nor the Client will be responsible for any delay or failure to perform its obligations under the terms and conditions contained herein as a result of a Force Majeure event. The party affected by a Force Majeure event must notify the other party as soon as practicable of any anticipated delay or impact on the delivery of the services. The performance of the affected party’s obligations will be suspended for the period of the delay, and any deadlines will be extended accordingly. A Force Majeure event is defined as anything outside the reasonable control of a party, including but not limited to, acts of God, fire, storm, flood, earthquake, explosion, acts of a public enemy, war, rebellion, insurrection, sabotage, nuclear or chemical contamination, pandemic, failure of infrastructure, and acts (including laws, regulations, disapprovals or failures to approve) of any government or regulatory body.
Corporations
21. If the Client is a company, the person signing this agreement warrants that they have authority to sign on behalf of the Client. With the exception of listed companies on the ASX (or a wholly owned proprietary company operating under the umbrella of a listed ASX company), all proprietary company directors in signing this application agree to enter into a guarantee arrangement and indemnify RediMed in relation to the Client’s payment obligations to RediMed.
Trustee Capacity
22. If the Client is the trustee of a trust (whether disclosed to RediMed or not), the Client warrants to RediMed that:
(a) the Client enters into this agreement in both its capacity as trustee and in its personal capacity;
(b) the Client has the right to be indemnified out of trust assets;
(c) the Client has the power under the trust deed to sign this agreement; and
(d) the Client will not retire as trustee of the trust or appoint any new or additional trustee without advising RediMed.
21. The Client must give RediMed a copy of the trust deed upon request.
Partnership
23. If the Client enters into this agreement as partners, the Client warrants that all of the partners have signed this agreement and that all of the partners will enter into a guarantee and indemnity with RediMed in relation to the Client’s obligations to RediMed.
24. If the Client is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without advising RediMed. In the case of a change of partners, RediMed may ask for new guarantors to sign a guarantee and indemnity.
Assignment
25. The Client may not assign, novate, sub-licence or charge any of its rights or obligations under this Agreement without the prior written consent of RediMed.
Waiver
26. A waiver of any provision or breach of this agreement by RediMed must be made by an authorised officer of RediMed in writing. A waiver of any provision or breach of this agreement by the Client must be made by the Client’s authorised officer in writing.
27. The Client will pay RediMed’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Client, including debt recovery fees and legal costs on an indemnity basis. Such costs and disbursements will be due and payable by the Client to RediMed irrespective of whether pursuit of the recovery action, claim or remedy is successful.
Survival of Provisions
28. Termination of this Agreement will not affect those provisions of the Agreement expressed to operate or have effect after that time, and is without prejudice to any rights accrued by either party in respect of any breaches existing before termination.