The Pump will at all times remain the sole property of Nutricia. Nothing in this document grants the Customer any right, title or interest in the Pump. Risk of loss, theft, damage or destruction of the Pump will pass to the Customer upon delivery of the Pump to the address specified in the Pump Supply Form. The Pump will remain at the Customer’s sole risk for the Term 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 by the Customer free of charge unless Nutricia incurs additional charges as a result of the Customer’s request/s such as requiring overnight delivery, in which case the Customer will pay any additional charges incurred. When the Pump is no longer required by the Customer, the Customer must contact Nutricia to arrange collection of the Pump. Nutricia (or its authorized representative) will collect, or pay for return of, the Pump unless Nutricia incurs any extraordinary charges as a result of the Customer’s action/s or request/s in which case the Customer will pay any extraordinary charges incurred. The Customer must return the Pump in the same condition in which it was delivered to the Customer, less any fair wear and tear.

1. a. Feed: Customer will only use Nutricia’s enteral feed products with the Pump, unless otherwise first agreed by Nutricia in writing. If it is clinically necessary to use another supplier’s feed product with the Pump, the Customer must confirm compatibility with the Pump and all use will be at the Customer’s sole risk. Nutricia makes no representation or warranty as to the suitability of the Pumps with any enteral feed products not made by Nutricia.
2. b. 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.
3. c. 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.
4. d. 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.
5. e. Modifications: The Customer 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 authorized and approved in writing by Nutricia.
6. f. Possession: The Customer 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.
7. g. Lawful use: The Customer 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.
8. h. At all times, the Customer 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, the Customer must follow Nutricia’s directions in relation to the Pump.

1. a. the Customer must contact Nutricia to arrange the return of the Pump within 28 days of the service due date as specified on the Pump or otherwise at least once in each period of 24 months.
2. b. The Customer must contact Nutricia by calling 1800 884 367 or emailing pumpsau@nutricia.com to arrange the return of the Pump;
3. c. Nutricia will then dispatch a replacement Pump to the Customer (should this be required) to the address specified by the Customer within two (2) Business Days of the notification referred to in clause 7a.(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, the Customer must return the Pump that is due for servicing to Nutricia (at no cost to the Customer). If the pump is not returned it will be treated as a Lost Pump and clauses 11a. and 11b. will apply.

1. a. the Customer must notify Nutricia by calling 0800 222 535 or emailing pumpsnz@nutricia.com
2. b. Nutricia will, within two (2) Business Days of receiving notice from the Customer under clause 8.a, dispatch a replacement Pump to the address specified by the Customer; and
3. c. on receipt of the replacement Pump, the Customer must return the Faulty Pump to Nutricia (at no cost to the Customer). If the Faulty Pump is not returned it will be treated as a Lost Pump and clauses 11a. and 11c. will apply.

Improper Use means any failure by the Customer 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. If Nutricia determines (acting reasonably) Customer has lost or fails to return the Pump to Nutricia in accordance with these terms and conditions or in accordance with any direction from Nutricia (Unreturned Pump), the Customer may 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.
2. b. If the Customer returns a Pump that Nutricia determines (acting reasonably) 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 and/or the Documentation (Damaged Pump), the Customer may be required to reimburse Nutricia for all costs associated in repairing the Damaged Pump, and where the Damaged Pump cannot be repaired, the Customer may be required to reimburse Nutricia for the Replacement Value of the Damaged Pump.

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 14a, 14b and 14c, Nutricia’s total aggregate liability (whether arising in tort, contract or otherwise) for any loss, cost, damage, expense or injury suffered or incurred by the Customer or any third party arising under or in connection with these terms and conditions, or the supply or use of the Pump, shall not exceed $50, excluding death or injury to persons which is directly caused by Nutricia’s wilful negligence
5. e. The Customer indemnifies Nutricia for any loss, claim, damages or action arising from or in connection with the Customer’s breach of these terms and conditions, except where directly caused by Nutricia’s wilful negligence.