Terms and Conditions
PRODUCTS TERMS AND CONDITIONS OF SALE
Our Trading Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods by MedTech Scientific Pty Ltd to the Customer from time to time. Any supply of Goods by MedTech Scientific Pty Ltd to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by MedTech Scientific Pty Ltd and any such supply does not give rise to a new or separate agreement.
Definitions & General Terms
In these Terms unless the contrary intention appears:
Additional Charges includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to MedTech Scientific Pty Ltd arising out of the sale of the Goods.
Consequential Loss means increased costs or expenses; loss of revenue; loss of profit or anticipated profit; loss of business; loss of business reputation; loss of opportunities; loss of anticipated savings; loss of goodwill; loss or expense resulting from a claim by a third party; special or indirect loss or damage of any nature whatsoever caused by the MedTech Scientific Pty Ltd failure to complete or delay in completing the order to deliver the Goods; and any other loss suffered by a party as a result of a breach of this Agreement that cannot reasonably be considered to arise directly and naturally from that breach.
Customer means the person to or for whom the Goods are to be supplied by MedTech Scientific Pty Ltd.
Force Majeure Event means any event outside the reasonable control of MedTech Scientific Pty Ltd including acts of God, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, government action, pandemic, epidemic or any other cause whatsoever, whether or not of a like nature to those specified herein.
Goods means the goods sold to the Customer by MedTech Scientific Pty Ltd and includes any services provided by MedTech Scientific Pty Ltd to Customer.
Intellectual Property Right means any patent, registered design, patent, trademark, copy-right, trade secret or any other proprietary right of a third party or parties, registered in Australia.
PPSA means the Personal Property Securities Act 2009 (Cth).
Purchase Price means the list price for the goods as charged by MedTech Scientific Pty Ltd at the date of delivery or such other price as may be agreed by MedTech Scientific Pty Ltd and the Customer prior to delivery of the Goods in Australian dollars.
Order for Goods
1 – MedTech Scientific Pty Ltd reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. MedTech Scientific Pty Ltd may do this for example, but without limitation, where:
- Suppliers of MedTech Scientific Pty Ltd are unable to supply Goods that they have previously promised to supply;
- An event beyond the control of MedTech Scientific Pty Ltd, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that MedTech Scientific Pty Ltd is unable to supply the Goods within a reasonable time;
- Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
2 – An order given to MedTech Scientific Pty Ltd is binding on Company and the Customer, if:
- An acceptance is provided for or on behalf of MedTech Scientific Pty Ltd (whether in writing by online order or e-mail); or
- The Goods are supplied by MedTech Scientific Pty Ltd in accordance with the order.
3 – An acceptance of the order by MedTech Scientific Pty Ltd is then to be an acceptance of these Terms by MedTech Scientific Pty Ltd and the Customer and these Terms will override any conditions contained in the Customer’s order. MedTech Scientific Pty Ltd reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on MedTech Scientific Pty Ltd until accepted by it.
4 – An order which has been accepted in whole or in part by MedTech Scientific Pty Ltd cannot be cancelled by the Customer without obtaining the prior written approval of MedTech Scientific Pty Ltd, which it may refuse in its absolute discretion.
Goods Description
Warranties
- MedTech Scientific Pty Ltd provides a limited warranty in relation to products being sold. Such warranty is set out in the document entitled “Product Warranty Statement” to be supplied by MedTech Scientific Pty Ltd on demand of customer or order acceptance confirmation, and is governed by the terms and conditions set out therein.
- Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or in another warranty document given by MedTech Scientific Pty Ltd are excluded and MedTech Scientific Pty Ltd is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
- any increased costs or expenses; any loss of profit, revenue, business, contracts or anticipated savings; any loss or expense resulting from a claim by a third party; or
- any special, indirect or Consequential Loss or damage of any nature whatsoever caused by failure of MedTech Scientific Pty Ltd to complete or delay in completing the order to deliver the Goods.
Delivery
The times quoted for delivery are estimates only and MedTech Scientific Pty Ltd accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of MedTech Scientific Pty Ltd.
Risk in accepting the Goods passes on delivery to the Customer. Until payment of the Purchase Price the Goods must be maintained in the condition they were received.
All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.
Returns, Replacements and Credits
- To the extent permitted at law, returns must be first authorised by MedTech Scientific Pty Ltd and a Return Stock Authority (RSA) form must be obtained by the customer from MedTech Scientific Pty Ltd which is valid for 30 days.
- To obtain a Goods Returned number the customer must quote on the RSA form, the date of purchase and the original invoice number.
- The Customer is required to return the goods by prepaid freight and are to include the RSA form.
- Returns are subject to a restocking fee of 20% of the Purchase Price of the Goods payable by the Customer.
- MedTech Scientific Pty Ltd will only accept returned Goods if the Goods and packaging are received in an unused and original condition.
- The return of incorrectly supplied goods at the expense of MedTech Scientific Pty Ltd, will be returned by the carrier of the choice of MedTech Scientific Pty Ltd and will not accept freight charged for Goods returned by other means.
- To the extent permitted by law, Goods specially purchased or manufactured to the Customer’s specifications cannot be returned.
Price and Payment
- The Customer must pay the Purchase Price and the Additional Charges to MedTech Scientific Pty Ltd on or before delivery of the Goods to the Customer.
- If the Customer is in default, MedTech Scientific Pty Ltd may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
- All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.
Price Variation
- MedTech Scientific Pty Ltd reserves the right to vary the Purchase Price with prior notice to the Customer:
- If a variation of the Goods which are to be provided is requested;
- Where additional Goods are required due to the discovery of hidden or unidentifiable difficulties (including but not limited to, further faults which are found on disassembly and/or further inspection) which are only discovered upon commencement of the Services;