The Pump will at all times remain the sole property of Nutricia. Nothing in this document grants you any right, title or interest in the Pump. Risk of loss, theft, damage or destruction of the Pump will pass to you upon delivery of the Pump to the address specified above. The Pump will remain at your sole risk for the Loan Period and until such time as the Pump is returned to Nutricia in accordance with these terms and conditions.

1. a. this clause creates a Security Interest for the purposes of the Personal Property Securities Act 1999 (Cth) (PPSA);
2. b. that the Customer grants a Security Interest to Nutricia;
3. c. that Nutricia is a Secured Party in relation to the Pump and any Proceeds of the Pump , and is entitled to register its Security Interest on the Personal Property Securities Register;
4. d. to waive the right to receive any notice under the PPSA, including notice of a Verification Statement, in relation to any such registration of a Security Interest by Nutricia unless that notice is required under the PPSA and cannot be excluded; and
5. e. to, upon Nutricia’s request, promptly execute any documents, provide all necessary information, and do any other thing required by Nutricia to obtain, maintain, register and enforce Nutricia’s Security Interest in accordance with the PPSA.

Capitalised terms used in this clause 3 and not otherwise defined have the meaning given to them in the PPSA.

Nutricia will deliver the Pump to the address specified above free of charge, unless Nutricia will incur any extraordinary charges. When the Pump is no longer required by the Patient, you must contact Nutricia to arrange collection of the Pump. Nutricia (or its authorised representative) will collect, or pay for return of, the Pump unless Nutricia will incur any extraordinary charges. You must return the Pump in the same condition in which it was delivered to you, less any fair wear and tear. You must not return the Pump to a hospital.

1. a. Giving Sets: ‘Giving Sets’ means the Nutricia tubing which connects the Pump to the feed. Giving Sets are intended for single-use only Customer must replace the Pump’s Giving Set at least once a day. Nutricia may require the Customer to return Pumps Nutricia if Nutricia reasonably believes that the Customer is not complying with this clause or has not used any Giving Sets over a 6-month period.
2. b. Intended use: The Customer must ensure that the Pump is used only for the purposes for which it is designed, in a proper manner and by competent persons, and in accordance with any operating and routine daily maintenance instructions or documentation relating to the Pump and provided to the Customer, or made generally available, by Nutricia (Documentation). The Pump is only intended to be used as expressly set out in this document.
3. c. Disfigurement: The Customer must not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed on the Pump, including (without limit) any warnings, instructions, serial numbers or labels indicating Nutricia’s ownership of the Pump.
4. d. Modifications: You must not perform, or allow any person to perform, any work on the Pump (including, without limit, modifications, maintenance and repairs) other than routine daily maintenance in accordance with clause 7, unless such work is first authorised and approved in writing by Nutricia.
5. e. Possession: You must not, without Nutricia’s prior written consent, part with the possession of (including for the purposes of repair or maintenance), sell or offer for sale, loan, or lease, the Pump, or grant any security interest or other encumbrance in respect of the Pump.
6. f. Lawful use: You must use the Pump in a careful, prudent manner, and comply with all laws, regulations, rules, and standards relating to the possession, use and storage of the Pump.
7. g. At all times, you must use the Pumps in accordance with the manufacturer’s specifications and manuals, particularly in regards to usage, care, maintenance and replacing sets. At all times, you must follow Nutricia’s directions in relation to the Pump.

1. a. Nutricia may notify you and ask you to contact Nutricia to arrange the return of the Pump;
2. b. within 28 days of receiving any notice from Nutricia under clause 8.a, or otherwise at least once in each period of 24 months, you must contact Nutricia by calling 1800 060 051 to arrange the return of the Pump;
3. c. Nutricia will then dispatch a replacement Pump to you at the address specified above (as amended from time to time in accordance with clause 16). Business Day means any day other than a Saturday, Sunday or public holiday in New South Wales, Australia; and
4. d. on receipt of the replacement Pump, you must return the Pump that is due for servicing to Nutricia (at no cost to you).

1. a. You must notify Nutricia by calling 1800 060 051.
2. b. Nutricia will, within two (2) Business Days of receiving notice from you under clause 8.a, dispatch a replacement Pump to you at the address specified above (as amended from time to time in accordance with clause 16); and
3. c. on receipt of the replacement Pump, you must return the Faulty Pump to Nutricia (at no cost to you).

any Improper Use, in which case you will be responsible for all such costs. Where a Faulty Pump requires repair as a result of or in connection with any Improper Use and that Faulty Pump is unable to be repaired, you may be required to reimburse Nutricia for the Replacement Value of the Faulty Pump. If you are required to reimburse Nutricia under this clause, Nutricia will issue an invoice to you for the reimbursement costs and you must pay the reimbursement costs as a debt due and payable to Nutricia, in the manner specified in, and within 20 days of the date of, the relevant invoice.
Replacement Value means the manufacturer’s list price of the Pump as at the time of any loss of, or destruction to, the Pump.

Improper Use means any failure by you or the Patient (as applicable) to use the Pump in accordance with these terms and conditions, including (without limit):

1. a. any unauthorized modification or repair of the Pump;
2. b. any use of the Pump in a way which is inconsistent with this document, the Documentation, or with the intended purpose or use of the Pump;
3. c. not using the Giving Set;
4. d. failure to change the Pump’s Giving Set on a daily basis;
5. e. using feeds which are not from Nutricia;
6. f. immersion of the Pump in water;
7. g. loss of the Pump’s power adaptor or pole clamp;
8. h. physical damage to the Pump’s exterior housing; and
9. i. not servicing, maintaining or repairing the Pump in accordance with this document.

1. a. Every 6 months, or at any other interval nominated or required by Nutricia, the Customer must provide Nutricia with a detailed report setting out the number of Pump(s) that have been delivered to the Customer, their serial number, the last service date and confirmation that the Customer holds details of the location of each Pump, and any other information that Nutricia may reasonably require.
2. b. If you lose or fail to return the Pump to Nutricia in accordance with these terms and conditions or in accordance with any direction from Nutricia (Unreturned Pump), you shall be required to reimburse Nutricia for the Replacement Value of the Lost Pump, as a debt due and payable to Nutricia within 14 days of demand by Nutricia. Replacement Value of the Pump will be the amount set out in the Current List Price.
3. c. If you return a Pump that is deteriorated or damaged beyond fair wear and tear or has not, in Nutricia’s reasonable opinion, been maintained and cleaned in accordance with this document (Damaged Pump), you may be required to reimburse Nutricia for all costs associated in repairing the Damaged Pump, and where the Damaged Pump cannot be repaired, you shall be required to reimburse Nutricia for the Replacement Value of the Damaged Pump. Replacement Value of the Pump will be the amount set out in the Current List Price.
4. d. If you are required to reimburse Nutricia under this clause, Nutricia will issue an invoice to you for the reimbursement costs and you must pay the reimbursement costs as a debt due and payable to Nutricia, in the manner specified in, and within 20 days of the date of, the relevant invoice.

1. a. Nutricia warrants that the Pump, if used correctly and in accordance with this document, will function substantially as described in the Documentation.
2. b. If the Pump does not function substantially in accordance with the Documentation, then, subject to clause 13.c and so long as its failure to function was not caused by the Customer, then Nutricia will, at its option, either repair or replace the Pump at no cost to the Customer. This clause constitutes your customer’s remedy, and Nutricia’s sole obligation, in respect of any breach of the warranty in clause 13.a.
3. c. Nutricia will not be liable for any breach of the warranty in clause 13.a to the extent that the breach is caused by use of the Pump contrary to the Documentation and/or any other breach by the Customer of these terms and conditions.
4. d. To the extent permitted by law, if any warranty cannot be excluded, Nutricia’s liability will be limited, at Nutricia’s option, to the resupply or repair of the Pump.
5. e. All warranties made by Nutricia and obligations imposed upon Nutricia are excluded where those warranties are relied upon or where those obligations arise as a result of or in connection with an act, omission, default (including a breach of these terms and conditions or any contract between Nutricia and the Customer) or negligence of the Customer. If those warranties and obligations are unable to be excluded by law, then they are reduced to the extent permitted by law.
6. f. Nothing in these terms and conditions is intended to exclude, restrict or limit, any of the Customer’s rights under Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

1. a. Nutricia will not be responsible or liable for any delay or failure in the performance of its obligations under these terms and conditions where such delay or failure is caused by circumstances outside Nutricia’s reasonable control;
2. b. Nutricia shall not be liable to you for any indirect or consequential loss or damage, cost, expense or injury suffered or incurred by the Customer or any third party, under or in connection with these terms and conditions, or the supply or use of the Pump;
3. c. Nutricia’s liability for any breach of a warranty or representation that is implied by law and which cannot be lawfully excluded is limited to the repair or replacement of the Pump in accordance with clause 13.b; and
4. d. subject to clauses 13a, 13b and 13c, Nutricia’s total aggregate liability (whether arising in tort, contract or otherwise) for any loss, cost, damage, expense or injury suffered or incurred by you arising under or in connection with these terms and conditions, or the supply or use of the Pump, shall not exceed $50.
5. e. You indemnify Nutricia for any loss, claim, damages or action arising from or in connection with your breach of these terms and conditions.