• In consideration of payment of the price by Paragon, the Supplier must supply the Goods and / or the Services in accordance with the Purchase Order (which includes these Supply Terms).
• By providing the Products and /or Services, You agree to be bound by these Terms and conditions to the exclusion of all other terms and conditions, including any of Your standard or back of invoice terms and conditions. The most up-to-date version of these Terms as made available at this website and shall apply.
• Where a Purchase Order relates to Goods and /or Services as the subject of a contract between the Supplier and Paragon, the terms of that contract shall take precedence over these Supply Terms to the extent of any inconsistency.
• Each party acknowledges and must undertake to keep the confidential information of the other party secret.
• These Supply Terms are construed in accordance with the Australian Consumer and Business Fair Trading Acts and are governed by the laws of the State in which the Products and/or Services are supplied.

• are of acceptable quality - the goods must be safe, lasting, free from defects
  
• are fit for the purpose for which they are intended and being purchased.
• are fit for any purpose that the consumer made known to the business before buying (either expressly or by implication).
• have been accurately described - comply with any Product specifications communicated to You.
• match any sample or demonstration model
• satisfy any express warranty
• are unencumbered, come with undisturbed possession - unless you otherwise advise the consumer before the sale;
• They must be supplied within the contracted time, or in a reasonable time if not specified.
• have spare parts and repair facilities reasonably available for a reasonable period of time, unless the consumer is advised otherwise.
• do not infringe the rights (including any intellectual property rights) of any third party;

Consumer guarantees applying to services
Businesses that supply services guarantee that those services will be:

• provided with due care and skill that would reasonably be expected from a prudent, expert and experienced provider of services which are similar to the Services.
• fit for any specified purpose (express or implied)
• and do not infringe the rights (including any intellectual property rights) of any third party.
• You have and will maintain all necessary authorizations, permits, approvals and licenses to supply the Products and/or Services.
• The Services must be provided by the date specified in the Purchase Order or in a reasonable time if not specified.

If these guarantees are not met
Purchasers are entitled to a remedy – either a repair, replacement or refund and compensation for any consequential loss – depending on the circumstances.

• If you choose to repair and it takes too long, the consumer can get someone else to fix the problem and ask you to pay reasonable costs, or reject the good and get a full refund or replacement.

If the problem is major or cannot be fixed, the consumer can choose to.

• reject the goods and obtain a full refund or replacement, or
• keep the goods and seek compensation for the reduction in value of the goods.

A purchased item has a major problem when it

• has a problem that would have stopped someone from buying the item if they had known about it
• is unsafe
• is significantly different from the sample or description
• doesn’t do what you said it would, or what the consumer asked for and can’t easily be fixed.

Cancellation
We reserve the right:

• at any time prior to the Products being dispatched by You or Services being supplied by You, to cancel all or any part of an Order by giving notice in writing to You; and
• at any time, to correct any errors or omissions in any of Our Orders or other documentation issued by Us.
• We will endeavour to minimize any loss to You arising from any cancellation, but will only be liable to pay Your reasonable costs of work in progress as at the date of cancellation.

Delivery

• The Supplier must deliver the Goods to and /or provide the Services at the Delivery Address by the Delivery Date. The Supplier warrants that the Goods will be packed and delivered in the manner and exact quantity specified by Paragon.
• The Price and Delivery Date for the Goods and /or Services may not be changed prior to delivery. The Supplier must notify Paragon if for any reason it believes that it will be unable to comply with this clause. In the event of receiving such notification Paragon may cancel the Purchase Order.
• Except in circumstances that are outside Your reasonable control, if You accept an Order, and subsequently You are unable or unwilling to provide the Products or perform the Services for any reason, We may engage an alternate provider to provide the same or similar products and /or services and You will be liable to compensate Us for any additional costs and expenses incurred by Us in engaging such alternate provider.

Title

• Title in the Goods passes to Paragon upon payment of the Price. Risk in the Goods passes to Paragon upon acceptance of the Goods by a properly authorised Paragon employee at the Delivery Address.
• Paragon must pay the Supplier the Price for the Goods and /or Services. The Price is inclusive of all costs incurred by the Supplier in the supply of the Goods and /or performance of the Services including all charges for packing, insurance and delivery of the goods and the cost of any items used or supplied in the performance of the Services.

Payment

• Except where Paragon disputes the invoice, Paragon will pay all compliant Tax Invoices for Goods and/or Services within the terms specified on the face of this Purchase Order.
• If  We, acting reasonably, dispute any amount claimed by You under any invoice, We may withhold payment of that amount until such time as the dispute is resolved.
• Paragon may reduce any payment due to the Supplier under this Purchase Order by any amount which the Supplier must pay Paragon, including costs, charges, damages and expenses and any debts owed by the Supplier to Paragon on any account whatsoever. This does not limit Paragon's right to recover those amounts in other ways.

• The consumer can ask the seller to provide a remedy, and the seller is required by law to oblige.
• In this situation the manufacturer must reimburse the seller. The reimbursement amount can include any compensation paid to the consumer for reasonably foreseeable consequential losses.
• A supplier has three years to ask the manufacturer for reimbursement, from the earliest of the following dates
• the day they fixed any problems with the consumer’s goods
• the day the consumer took legal action against the supplier.

Definitions: In these terms and conditions, the words below have the following meanings:

Consumer means a person or a business that purchases goods or services - without restrictions
Order means a purchase order given by Us to You in accordance with the procedures determined by Us and notified to the You from time to time