MSD ANIMAL HEALTH – eCOMMERCE – TERMS AND CONDITIONS OF USE
For a copy of the MSD Terms of Use – eCommerce, please send a request to our Customer Service team at customerservice.ahau@msd.com
Please read and review the following terms and conditions of use carefully before using this website. By using this website, you agree to these terms and conditions of use. If you do not agree, please exit and disregard the information contained herein.
This website is owned and operated by Intervet Australia Pty Ltd trading as MSD Animal Health (“MSD Animal Health”), a company incorporated in Australia (ACN 008 467 034). MSD Animal Health is a division of Merck & Co., Inc, of Rahway, NJ, USA.
1. Scope. The terms of use set forth in this agreement apply only to your use of this website. MSD Animal Health and its affiliates operate other websites that are covered by their own terms and conditions as specified within those sites. This website will allow you to make offers to purchase goods from MSD Animal Health or, where such functionality is enabled, certain wholesalers of MSD Animal Health (“Wholesaler”). Clauses 4 and clause 5 set out the terms that apply to purchase of goods directly from MSD Animal Health. Clause 6 sets out the terms applicable to any offer you make to purchase goods from a Wholesaler provided that orders for Toxovax are subject to clause 6A.
2. Content. Please note that the information contained on this website regarding MSD Animal Health products is not intended to be comprehensive or to serve as a substitute for animal healthcare professionals’ own medical judgment. It is the responsibility of animal healthcare professionals to also consult other professional sources and references prior to making any evaluation or treatment decision.
3. Access to and use of this site
3.1 Access to this website, use of this website, and the purchase of products via this website is restricted to animal healthcare professionals and persons under their supervision located in Australia.
3.2 You are responsible for maintaining the confidentiality of the user ID and password that have been issued to you to enable you to access this website. You are responsible for ensuring that the details you provided to us are correct and complete, and for informing us of any changes to the information you have provided. You can update and amend your details by contacting us.
3.3 You accept responsibility for all activities that occur under your user ID or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
4. Purchasing products from MSD Animal Health
4.1 In additional to these terms and conditions of use, all purchases made through this website are subject to and governed by MSD Animal Health’s terms and conditions of sale, a copy of which is available on this website.
4.2 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order.
4.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
4.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will be in accordance with MSD Animal Health’s terms and conditions of sale.
5. Price of products and delivery charges for products purchased from MSD Animal Health
5.1 Prices for the products may change from time to time. You will be charged the price for the products as quoted on our website at the time you submit your order.
5.2 We take all reasonable care to ensure that the prices of products are correct at the time when the relevant information is entered onto the system. However, please see clause 5.5 for what happens if we discover an error in the price of products you ordered.
5.3 The price of products excludes GST (where applicable) unless stated otherwise. However, if the rate of GST changes between the date of your order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the products in full before the change in GST takes effect.
5.4 Unless stated otherwise, the price of the order includes delivery charges.
5.5 We sell a large number of products through our site. It is always possible that, despite our reasonable efforts, some of the products on our website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the product’s correct price is less than the price stated on our site, then
(i) we will charge the lower amount when dispatching the products to you, unless
(ii) we fail to identify the discrepancy until after the products have been dispatched, in which case we will refund you the difference; and
(b) if the product’s correct price is higher than the price stated on our site, and
(i) we identify the discrepancy before we dispatch the products to you, then we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing, but
(ii) if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we reserve the right to cancel supply of the product and refund you any sums you have paid.
6. Purchasing goods from Wholesalers
6.1 To the extent that functionality for purchasing goods from Wholesalers is enabled:
(a) the website may enable you to request products from a Wholesaler. If this functionality is enabled, you will be able to view certain products from Wholesalers on the website. In some cases you may be required to have an existing account with a Wholesaler to request an order.
(b) subject to clause 6.1(a), you will be able to add certain products to your basket and authorise MSD Animal Health to pass on your request to make an offer to the relevant Wholesaler for such products.
(c) you acknowledge and agree that a Wholesaler may accept or reject any offer made by you to purchase products under this clause in its discretion and that if such offer is accepted, that the terms of the supply of the products (including without limitation, the price of the products, delivery terms and refund procedures) will be in accordance with your existing independent agreement with the Wholesaler (or the in absence of such agreement, the Wholesaler’s standard terms of sale or such other terms as the Wholesaler may reasonably notify you of). In no circumstances will MSD Animal Health have any liability or responsibility with respect to any orders placed between you and the Wholesaler under this clause.
6A. Purchasing Toxovax on this website
6A.1 This website may enable you to place orders for Toxovax from time to time. Orders for Toxovax are subject to this clause 6A.
6A.2 Orders for Toxovax must be placed before the applicable manufacturing deadline prior to delivery. The manufacturing deadline is usually before 10:30 a.m. on Wednesday, with delivery occurring on the next or following Friday.
6A.3 We may reject orders for Toxovax for any reason, including where we have reached our manufacturing capacity for a given manufacturing period.
6A.4 By placing an order for Toxovax, you authorise us to pass on your request to a Wholesaler to supply Toxovax to you in accordance with the Wholesaler’s standard terms of sale (or such other terms as the Wholesaler may reasonably notify you of). Although MSD Animal Health may fulfil and deliver Toxovax to you on behalf of the Wholesaler, MSD Animal Health does not have a contractual relationship with you for the supply of Toxovax. In no circumstances will MSD Animal Health have any liability or responsibility with respect to any Toxovax orders placed between you and the Wholesaler under this clause.
7. Products available for purchase on this website
7.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. The colour of your products may vary slightly from those images.
7.2 The packaging of the products that you purchase may vary from that shown on images on our site.
7.3 We reserve the right to amend the products listed on the website from time to time in our discretion.
8. Use. If you print off, copy or download any part of this website in breach of these terms of use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you link to this website you must ensure that you do so in a way that is fair and legal and complies with applicable regulatory rules and guidelines and that does not damage MSD Animal Health or its affiliate’s reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement by MSD Animal Health or its affiliates where none exists. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. Any link to this website must be deleted immediately if requested by MSD Animal Health.
9. Service Access.
9.1 MSD Animal Health reserves the right to withdraw or amend the service provided on this website without notice.
9.2 We will use reasonable endeavours to ensure that availability of the website and all functions on the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. If at any time you are unable to access the website, please contact MSD AH customer services.
10.1 Nothing in these terms of use will limit or exclude MSD’s liability to you where it would be unlawful to do so.
10.2 Subject to clause 10.1, MSD Animal Health will not be responsible for (i) any loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the website.
10.3 Subject to clause 10.1, we will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
10.4 Subject to clause 10.1, the website is provided “as is” and without warranty of any kind, and use of this website is at the risk of the user and MSD Animal Health accepts no liability for any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the user following its use of this website.
10.5 Subject to this clause 10, the total aggregate liability of MSD Animal Health to you arising out of or in connection with these terms of use for any and all claims, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed AU$100.
11. Representation. As a user of this website, you are liable for the accuracy of the information that you provide to MSD Animal Health. Should you respond with information including feedback or data such as questions, comments, suggestions or the like regarding the content of this website, such information shall be deemed to be non-confidential and MSD Animal Health shall have no obligation of any kind with respect to such information and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.
12. Privacy. Please refer to the privacy policy on this website on how MSD Animal Health deals with personal information.
13. Links to Other Websites. This website may contain links to other MSD Animal Health and non-MSD Animal Health Internet websites. MSD Animal Health assumes no responsibility for the content of non-MSD Animal Health Internet websites to which links are provided. Those Internet websites are governed by their own terms of use.
14. Intellectual Property. All material on this website is copyright of MSD Animal Health or it has been granted permission to use such material, except where expressly stated otherwise. Reproduction of part or all of the contents in any form is prohibited other than in accordance with these terms of use.
15. Governing law. These terms of use, and any dispute or claim arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of New South Wales, Australia.
16. Jurisdiction. Each party irrevocably agrees that the courts of New South Wales, Australia, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms of use or its subject matter or formation (including non-contractual disputes or claims).
17. Consequences. MSD Animal Health reserves the right to suspend or terminate your use of this website for any reason at any time without notice. You agree to indemnify and hold MSD Animal Health harmless from and against any and all loss, damage, or expense in connection with your breach of these terms of use or any claim brought by a Wholesaler for a breach of a contract between you and the Wholesaler in respect an order placed using this website. If any dispute arises regarding this agreement or your use of this website, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.
18. Changes to these terms. MSD Animal Health may update these terms periodically. MSD Animal Health reserves the right to modify, add or remove portions of these terms at its discretion. If we decide to change these terms, we will post the amended terms of use on this site or, in some cases, may provide notice of the changes by e-mail.
19. Assignment. You shall not, without MSD Animal Health’s prior written consent, assign or transfer or purport to assign or transfer, any of your rights or obligations under these terms of use or the benefit thereof to any other person.
20. Third Party Rights. Other than any affiliate of MSD Animal Health, a person who is not a party to these terms of use many not enforce any of its terms.
21. Entire Agreement. These terms of use and the MSD Animal Health terms and conditions of sale (where applicable) constitute the entire agreement between the parties in respect of its subject matter. You confirm that, in agreeing to enter into these terms of use, you have not relied on any representation, warranty, collateral contract or other assurance (“Assurance”) except those set out in these terms of use and to the extent any other Assurance was otherwise made to you, you waive all rights and remedies with respect thereto.
Last updated on October 2023