1. Scope: These terms apply to the supply of products offered by way of subscription by Medtronic as supplier at https://www.medtronic-diabetes.com.au/products/continuous-glucose-monitoring/deals (the Subscription). By accepting the offer made in the Subscription, you as Purchaser are deemed to have accepted the terms and conditions of this Agreement

2. Products Purchased:  The Purchaser has agreed to purchase product offered as a subscription by Medtronic at https://www.medtronic-diabetes.com.au/products/continuous-glucose-monitoring/deals. (The Subscription). The products are as specified in the Subscription (the Products). Medtronic shall deliver to the Purchaser the Products in the quantities and time frames specified in the Subscription.
3. Delivery & Risk:  The cost of transporting Products to the Purchaser shall be paid for by Medtronic and the risk of loss and damage shall not pass to the Purchaser until the Products are received at the Purchaser’s delivery address. Once the Product is received at the Purchaser’s delivery address, the risk of loss and damage shall pass to the Purchaser, whatever the cause or circumstance.
4. Title: Title to Products passes on delivery, subject to payment in accordance with clause 5.
5. Payment: The Purchaser agrees to purchase the Products at the price listed in the Subscription (The Subscription Cost) The purchaser agrees to pay the Subscription Cost by way of regular debits of the instalment payments as specified in the Subscription from a debit or credit card (the Subscription Payment). It is the responsibility of the Purchaser to maintain an active or valid credit or debit card for the duration of the Subscription. If the Purchaser fails to make a Subscription Payment, Medtronic reserves the right to terminate the Subscription in accordance with Clause 8.
6. Transmitter: Upon receipt of all Subscription Payments payable pursuant to the Subscription, Medtronic will supply to the Purchaser, free of charge, a transmitter (either Guardian^™ 3 Link Transmitter valued at $699 or the Guardian^™ 2 Link Transmitter valued at $699) as nominated by the Purchaser.
7. Term:  This Agreement remains in force for the term as specified in the Subscription, unless terminated or cancelled under Clause 8. 
8. Termination and Cancellation of Subscription:  The Subscription ends the earliest of:
   1. at the end of the Term;
   2. the Purchaser fails to make a Subscription Payment and Medtronic notifies the purchaser that the Subscription is cancelled; or
   3. the Purchaser cancels the Subscription by contacting Medtronic Customer Service on 1800 777 808 – option 2 and instructing the Subscription be cancelled.
      In the event the Subscription is cancelled in accordance with Clauses 8(b) or 8(c), the Purchaser is liable to pay the Cancellation Charges as specified in Clause 9.
9. **Cancellation Charges. Cancellation Charges are calculated as the difference between the Subscription Cost and the recommended retail (RRP) price of the Products offered through the Subscription. The Cancellation Charges are payable as a one off payment, based on accumulated Subscription Cost paid and RRP otherwise payable at the time of cancellation, as set out in the Schedule (see below).
10. Warranty/Limitation of Remedies.Warranties on Products and limitation of the Purchaser’s remedies are as provided in accordance with the terms of the Product Warranty provided with the Products. Medtronic shall not under any circumstances be liable for any direct, indirect, incidental, special or consequential loss/or damages (including, but not limited to, loss of profits, revenue or business) in any way related to the Products, this agreement, or the termination of this agreement. To the extent the law allows, this exclusion applies regardless of whether such damages are sought based on breach of warranty, breach of contract, negligence, strict liability in tort, or any other legal theory.
    Medtronicwarrants and agrees that: i) the Products are fit for the purpose for which they are to be used, if used according to the manufacturer’s specifications; ii) the Products comply with all relevant quality and safety standards and approved for used by all necessary authorities and all Product has current TGA approval for use in Australia. The benefits provided in the Medtronic warranty are additional to and do not detract from any rights and remedies that the Purchaser may have under Australian laws, including the Australian Consumer Law. 
    In relation to Products valued up to $40,000, the Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Purchaser is also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.
    To claim any entitlement under the Medtronic warranty for the Product set out above (as well as any reasonable expenses incurred in making a claim) please contact Medtronic Customer Service for non-Diabetes Products on 1800 668 670 or for Diabetes Products, 1800 777 808 toll free within Australia or (+61) 2 9857 9000 worldwide. Once Medtronic is notified of a defect in the Product covered by this warranty, Medtronic will arrange for the Product to be collected from the Purchaser’s premises at Medtronic’s expense and returned to Medtronic’s service and repairs department to be analysed and to determine what action will be taken. Any Product repaired or replaced under the Medtronic warranty will be delivered again to the Purchaser’s premises, at Medtronic’s expense.
11. Product Recall: Medtronic will be responsible for the costs of transport for the Products subject to a product recall.
12. General:
    1. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and overrides any terms and condition of sale or consignment submitted by the Purchaser, unless Medtronic agrees in writing to additional or alternative terms.
    2. Either party may waive performance or a breach of any provision without losing the right to require or enforce performance later.
    3. The parties will attempt to resolve all disputes by negotiation and any unresolved dispute will be mediated promptly by a qualified mediator.   
    4. This Agreement is governed by the law of New South Wales.
    5. All Notices may be sent by email, fax or mail to the addresses detailed in this Agreement.

SCHEDULE
**Cancellation Charge based on the current RRP: