Terms & Conditions of Sale
The conditions of sale under which Mediquip Pty Ltd (the “Supplier”) provides goods and services (the “goods”) to the Customer are set out in the following Terms & Conditions:
DELIVERY AND HANDLING
- Deliveries will be forwarded at the Supplier’s sole discretion, by the most appropriate form of transport with the Customer being responsible for any transportation, freight, packaging, handling, and insurance charges, together with any Goods and Services Tax (GST), where applicable.
- The Supplier will make every effort to ensure the Goods will be delivered within one (1) to five (5) business days. Consignment details are retained for tracking purposes.
- The Supplier will not be responsible for any non-delivery or delay in delivery of the goods as a result of events occurring beyond its control. The Supplier shall not be in any way responsible for any consequences (direct or indirect) arising from any such delay or non-delivery. All goods are forwarded at the Customer’s risk.
- The Customer is solely responsible for acceptance of orders and shall not raise any claims for loss or damage to orders where they are by arrangement delivered to and left at unattended sites.
- All orders shall be satisfied as soon as reasonably possible by the Supplier in the ordinary course of its business. Where a delivery date is specified in the Customer’s order, the Supplier will use its best endeavors to effect delivery by the date specified. Delivery times may be affected by stock availability and the Supplier will not be responsible for any delays occurring due to changes in supply or circumstances beyond their control. If a product is not available, the Customer will be notified of the expected delivery date, and the Customer will accept delivery when made even if a later delivery date is specified in the Customer’s order.
RETURN OF GOODS
- Goods supplied by the Supplier in error or which are in any way defective will be deemed to be accepted by the Customer unless the Customer gives the relevant notice in writing of the error or defect WITHIN SEVEN (7) DAYS from receipt of delivery AND returns the goods WITHIN FOURTEEN (14) DAYS from receipt of delivery . If the goods supplied are damaged upon delivery, they will be replaced (if available) or credited in full on return, at the option and approval of the Supplier provided they are still under warranty, and are reported by the Customer within seven (7) Days and in accordance with the Supplier’s Goods Return Policy.
- No claim for replacement or credit will be effective:
- unless the original packing slip or invoice or the number and date from the packing slip or invoice is enclosed when the goods are returned, together with the Goods Return Number (GRN) provided by the Supplier;
- if the goods returned have been marked damaged or soiled, other than the alleged defect.
- Where the correct Goods have been received by the Customer, but the Customer subsequently wishes to return the goods for any reason other than defect or fault, the Supplier must be notified in writing within seven (7) days of receipt of the Goods, and the procedure at 2.1 and 2.2 followed.
- Specifically procured and non-stocked items are not returnable.
- When the Supplier agrees to the return of Goods, it reserves its right to levy a re-stocking fee payable by the Customer, of 20% or $50, whichever is greater amount.
- Goods shall be returned to the Supplier at the Customer’s expense by the carrier nominated by the Supplier unless otherwise agreed.
OWNERSHIP OF GOODS
The following are separate and independent conditions, namely that:
- Ownership and property in the goods shall, notwithstanding delivery to the Customer, only pass from the Supplier to the Customer when payment in full (“payment”) for the goods has been received by the Supplier (whether or not the goods are delivered in installments and some have been paid for by the Customer) and until such time the Customer shall, by separate storage or some other means, ensure that the goods are readily identifiable as the property of the Supplier and shall keep the goods as bailee for and on behalf of the Supplier.
- Payment shall become due immediately upon the commencement of any act or proceeding in relation to the Customer’s insolvency or bankruptcy.
- If payment is not made within three (3) days of final demand in writing made by the Supplier, without prejudice to any other remedies the Supplier may have, to enter the premises where the goods are stored and re-take possession of the goods.
- Notwithstanding the above, all risk in the goods passes to the Customer on delivery, who shall at their own expense insure the goods against any damage howsoever caused and shall maintain such insurance until the ownership and property in the goods passes to the Customer.
WARRANTIES AND EXCLUSIONS
- If, as determined by the Supplier alone in its absolute discretion the goods are found to be defective or unsuitable for the purpose for which they were supplied, the Supplier will either replace, repair or credit the value of the goods to the Customer. The Customer must not withhold part of full payment for goods in any circumstances whatsoever.
- The Customer must retain the tax invoice for all goods supplied, as proof of purchase. Warranty replacements, repairs and credits will not be honoured in the event the customer is unable to present the proof of purchase.
- Subject to these conditions, the Supplier’s warranty is a Back to Base Warranty and subsequently, it is the Customer’s responsibility to return goods for warranty repair to a service centre of the Supplier.
- Subject to the effect of clause 3, where the Customer cannot reasonably return goods for warranty repair due to the equipment being fixed or installed, then the Supplier will cover travel up to 100km each way from the CBD in Sydney, Melbourne and Brisbane. Additional travel time will be charged by the hour for locations exceeding the 100km radius.
- Subject to the effect of clause 5.1:
- Any representations and agreements not expressly contained herein shall not be binding upon the Supplier as conditions, warranties or representations, all other conditions, warranties and representations on the part of the Supplier are hereby expressly negatived and excluded; and
- The Supplier, or the Supplier’s Agent shall be under no liability to the Customer for any loss (including but not limited to loss of profits and consequential loss) or for damage to persons or property or for the death or any injury caused by any act or omissions of the Supplier or the Supplier's agents.
- The Customer warrants that any training provided to them by the Seller or the Seller’s Agent is operational instruction only, and is not clinical or technical training. The Customer indemnifies the Supplier or the Supplier’s Agent against any damage or loss suffered by the Customer arising from the provision of training on the operational use of the equipment, and the Customer acknowledges it must seek out clinical or technical training from an accredited provider to provide such training, if such training is required.
- The Customer indemnifies the Supplier or the Supplier’s Agents against any damage or loss incurred by the Customer arising out of any misrepresentation made to them by the Supplier or their Agent, and the Customer acknowledges they purchased the Goods relying solely on their own skill and judgment.
GST & PAYMENT TERMS
- The Customer must pay the Supplier a total price which is the price charged by the Supplier at the date of order, plus any transportation, freight, packaging, handling, insurances and includes the goods and services tax paid or payable by the Supplier in respect of goods and services supplied by the Supplier to the Customer.
- The amount payable by the Customer will be stated in an invoice to the Customer, and payment for the Goods is due within the terms set out on the invoice.
- Any other relevant taxes on the goods supplied will, to the extent not included in the price list, be debited to the Customer's account.
- All prices and charges are subject to alteration without notice.
- Orders are accepted by the Supplier subject to the condition that the Customer agrees to pay the Supplier prices ruling for such goods on the date delivery is made or goods are collected from the Supplier's premises.
- Payment is due no later than 7 days from date of invoice.
- Payment can be made via direct bank deposit to:
Bank: Westpac BankAccount Name: Mediquip Pty Ltd
Bank BSB 034 108 Account No: 621154
Payments by cheque, Visa, Master Card, Bank Card, Diners and Amex are also accepted. The use of credit cards may also incur a surcharge which will be passed on to the Customer and added to the invoice amount for payment.
- Credit terms are only offered to approved Customers, and failure by the Customers to pay according to these terms shall entitle the Supplier to suspend or terminate any further supply of the Goods.
LOAN, RENTAL AND TRIAL AGREEMENTS
- Agreements for the Loan, Rental or Trial of equipment from the Supplier to the Customer must be signed by both the Supplier and the Customer, and are subject to these conditions.
- Failure by a Customer to make a rental payment within the conditions of the signed Agreement shall entitle the Supplier to terminate the Agreement. In this event, all outstanding monies remain payable to the Supplier immediately.
- Upon the completion of an Agreement, the Customer agrees to return the equipment in the same condition it was supplied (in a clean state, and in good order and repair). Sterile items (such as oxygen tubing and cannulas) are not returnable or refundable under any circumstances.
- The Customer is liable for the return of all loan, rental and trial equipment, including accessories, until such time as the Supplier has issued a Deed of Release to the Customer.
- The Supplier cannot loan, rental or trial equipment for periods shorter than the Supplier’s rental pricing structure, due to administration costs of such transactions.
- The Supplier’s loan, rental and trial equipment is not insured whilst in the Customer’s possession. The Customer is liable for the repair or replacement costs for all malfunctions, failures, damage to or loss of the Supplier’s equipment and accessories, excluding manufacturing defects and fair wear and tear.
- The Customer is liable for any property damage that may result from the use of the Supplier’s loan, rental or trial equipment. Any type of malfunction or defect noticed in the equipment by the Customer must be reported to the Supplier immediately, to determine the need for replacement.
- Inward and outward freight is at the customers expense unless otherwise specified in writing.
PRIVACY ACT 1988
- The Customer consents to the Supplier obtaining a credit report from a credit-reporting agency containing the personal credit information about the Customer in relation to any credit provided by the Supplier.
- The Customer acknowledges and agrees that the Supplier may exchange information about the Customer with a credit provider named in the application for credit, or with any such person named in a consumer credit report for the purposes of:
- assessing an application by the Customer;
- notifying other credit providers of a default by the Customer;
- exchanging information with other credit providers on the status of this credit account where the Customer is in default with other creditor providers;
- assessing the credit worthiness of the Customer; and
- allowing the credit reporting agency to create or maintain a credit information file containing the Customer’s information.
- provision of Goods and services;
- marketing of Goods and services by the Supplier or its distributors;
- verifying, analysis and confirming the Customer’s credit, payments and status in respect of the provision of Goods and services
- processing any direct debit facilities, payment instructions or credit facilities as requested by the Customer; and
- collection of amounts outstanding in the Customer’s account in relation to Goods and Services.
- The Customer consents to the Supplier obtaining a consumer credit report to collect overdue payments on commercial credit (Section 18K(1(h) Privacy Act 1988).
PERSONAL PROPERTY AND SECURITIES ACT 2009 (Cth)
- The parties acknowledge that the Personal Property Securities Act 2009 (Cth) applies to this Agreement.
- The parties will do everything necessary to register the Supplier’s title to the goods on the Personal Property Securities Register immediately upon the request of the Supplier.
- All Goods supplied by the Supplier are subject to the laws of Queensland and the Supplier takes no responsibility for changes in the law which may affect the Goods supplied.
- If any provision of these terms and conditions is invalid, void, illegal or unenforceable, then that provision is severed, and the remaining provisions shall not be affected, prejudiced or impaired.
- The Supplier will not be liable to the Customer for any loss or damage suffered by the Customer arising from the Supplier’s breach of a term or condition.
- The Supplier may change these terms and conditions from time to time and the Customer will be bound from the date on which the Supplier notifies the Customer of such change.
- Neither party will be liable for any default due to any act of God, fire, flood, drought, storm war, terrorism, lock out, industrial action, strike or any other event beyond their reasonable control.
- The supplier reserves the right to charge a minimum order fee for orders under $500 in value.