Med-Con Pty Ltd Terms & Conditions of Sale

 A.C.N. 60 853 287 634

P.O. Box 6159 Shepparton, Vic. 3632
Phone: 1800 001 435 – Email: sales@medcon.com.au

1 Definitions
1.1 “Company” means Med-Con Pty. Ltd – ABN 60 853 287 634 – 4/415 New Dookie Road, Lemnos Victoria. 3631
1.2 “Customer” means the entity whose order for the supply of Goods or Supplies is accepted by the Company.
1.3 “Conditions” means these Terms and Conditions.
1.4 “GST” means Goods and Services Tax
1.5 “Contract” means any contract between the Company and the Customer for the sale and purchase of Supplies or Services.
1.6 “Services” means any services supplied or to be supplied by the Company to the Customer, and includes any technical advice, repair or maintenance services provided by the Company or its technical representatives in connection with Goods.
1.7 “Goods” means any goods supplied or to be supplied by the Company to the Customer and includes their packaging and any replacement goods supplied under these Conditions.
1.8 “In writing” includes electronic communications.

2 Conditions
2.1 All orders that are accepted by the Company will be subject to these Conditions.
2.2 These Conditions override and exclude any terms or conditions in, or referred to in any negotiations or dealings between the
Company and the Customer or set out in the Customer’s standard terms and conditions to the fullest extent permitted by law. If
there is any conflict between; The other provisions and these Conditions or, The provisions of the order for the Supplies and these Conditions then; These Conditions will prevail unless the Company agrees otherwise in writing. Together with any terms accepted in writing by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Customer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by the Company.

3 Quotations, Prices & GST
3.1 Quotations are open for acceptance for a period of thirty (30) days only.
3.2 Are stated in Australian Dollars unless specifically noted.
3.3 F.O.B. Med-Con Pty. Ltd. Warehouse unless specifically noted.
3.4 Prices charged will be those prevailing when the Order is accepted.
3.5 Based on current labour and material costs, and any variation to those costs or to specification are recoverable from the Customer.
3.6 Calculated on the basis of all goods ordered being delivered in one shipment.
3.7 Exclusive of GST or other Duties or Taxes and any applicable Transport or/and Handling Charge.
3.8 The Company will issue a Tax Invoice to the Customer in relation to any Goods or Service that is subject to GST.

4 Payment
4.1 Where Credit Terms have been approved, payment will be due no later than 30 days from the end of the month that the order was invoiced.
4.2 If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, the Company shall be entitled to; Suspend any further orders or services; Charge interest daily to the overdue amount at the rate of 2% above the published Reserve Bank of Australia’s official rate.
4.3 The Company reserves the right to charge for copy invoices or credit notes where the original has been lost or misplaced by the Customer.
4.4 If legal action is taken to recover monies due to the Company, then the Company reserves the right to charge the Customer an amount to cover all and any costs (including legal costs) incurred by the Company.
4.5 The Company reserves the right to pass on any Merchant Fees payable due to the use of a Credit Card to settle an account. The amount of this fee will not exceed what the Credit Card Provider charges Med-Con Pty. Ltd.
4.6 Where the Customer does not have a commercial account with the Company then any orders for Goods must be paid for in full before delivery can take place.

5 New Accounts
5.1 A Customer wishing to open a Credit Account must furnish such information as may be requested by the Company and the Company may make a search with a credit reference agency.
5.2 The Company reserves the right in its absolute discretion to grant, refuse, suspend or discontinue any credit facilities or reduce any credit limit at any time.

6 Orders
6.1 The Company reserves the right to decline trade with any entity, or to accept orders for Goods and Services in whole or part.
6.2 Non Stock or Special Order items will require full payment in advance.
6.3 A non-refundable deposit is required with the all orders that have a combined quoted value in excess of AUD$10,000.00. 50% is required with the purchase order with the balance of 50% payable immediately on delivery unless previously negotiated.

7 Delivery
7.1 The Company will use reasonable endeavours to meet delivery and/or performance estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance, even where it arises as a result of the negligence of the Company or its carriers.
7.2 Delivery will be made to the address specified by the Customer.
7.3 When selecting a delivery method that includes ‘No Signature Required’, the Customer is authorising the Goods to be left at their unattended premises. The Company does not accept any responsibility for loss or damage, which results from choosing this delivery method.
7.4 In the event the Customer elects to sign for the goods “Subject to Checking” then the Customer must notify the Company within 24 hours of receipt any discrepancies.
7.5 Where the Customer is acting as a central depot supplying other affiliated entities all Terms and Conditions are deemed to be fulfilled when goods are received at the primary delivery address.

8 Inspections, Defects & Non-Delivery
8.1 The Customer must inspect the goods supplied as soon as practicable after delivery as set out in item 7.4.
8.2 Except as otherwise set out in Conditions 12 and 13 below, the Company shall not be liable under these conditions for a defect in Goods, incomplete or failed delivery, shortage of quantity unless written notice is given to the Company within 7 days of the date of inspection.
8.3 The quantity of any consignment of Goods, as recorded by the Company upon dispatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary.
8.4 The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is received within 7 days of the date when the Goods should have been delivered or the Services performed in the normal course of events.
8.5 Any liability of the Company for non-delivery or non-performance or for Goods notified as defective on delivery or Services notified as defective after being performed in accordance with this Condition 8 will be limited to replacing the Goods or re-performing the Services within a reasonable time or to the refunding the price paid in respect of such Goods.

9 Returns
9.1 Prior to the return of any Goods to the Company for any reason, the Customer must contact the Company.
9.2 Dependant on the circumstances for the return the Company will issue a Return Authorisation Form to the Customer detailing the method and who is responsible for the return of the Goods.
9.3 The Company will not be responsible for credit / replacement or any freight charges incurred on any goods returned which are not covered under a Return Authorisation Form.
9.4 The Company has absolute discretion on the acceptance of Goods that are either no longer required or incorrectly ordered. In this case the Customer is responsible for the return of the goods in good order and condition in their original packaging and the Goods will be subjected to a 20% re-stocking fee.

10 Risk & Ownership
10.1 Risk in respect of damage to or loss of Goods delivered to the Company’s carrier for carriage to the Customer passes to the Customer when the Goods are signed for upon delivery.
10.2 Risk in respect of damage to or loss of Goods delivered to the Customers carrier for carriage to the Customer passes to the Customer when the Goods are handed over to the Customers nominated carrier.
10.3 Ownership of the Goods shall not pass to the Customer until the Company has received in full (either in cash or cleared funds) all
sums due from the Customer to the Company for those goods.
10.4 Until ownership passes to the Customer, the Customer must ensure that the Goods are insured against all normal risks to the full replacement value, not pledge or allow any lien, charge or other interest to arise over the Goods.
10.5 The Customer may use or sell the Goods in the ordinary course of business, provided that the Customer will act as agent for the Company if any sale of Goods proceeds.
10.6 If any payment for Goods is not received in full by the due date, or the Customer becomes bankrupt, passes a resolution for winding up or a court shall make an order to that effect, or a receiver or administrator is appointed over any assets or the undertaking of the of the Customer or an execution of distress is levied against the Customer, the Customer shall not sell, use or part with possession of the Goods, and the Company shall be entitled, without prejudice to the Company’s other remedies, to retake possession of the Goods and for that purpose enter upon any premises occupied or owned by the Customer.

11 Performance & Fitness for Purpose – (Subject to condition 15)
11.1 Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by the Company in writing, the Company excepts no liability for any failure of the Goods to comply with such criteria, whether attributable to the Company’s negligence or otherwise; and
11.2 The responsibility for ensuring Goods are sufficient and suitable for a particular purpose is the Customers, unless specifically notified in writing by the Company.
11.3 Any advice or recommendation given by an employee of the Company which is not confirmed in writing is acted upon entirely at the Customers risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed.
11.4 Except as set out in condition 13, the liability of the Company to the Customer, should any warranty, statement, advise or recommendation Confirmed in accordance with this condition 11 prove to be inaccurate, incorrect or misleading, will be limited to the refund of the price paid for the Goods or, at he Company’s option., the supply of replacement Goods which are sufficient and suitable.

12 Warranty / Guarantee
12.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are 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. Where a failure does not amount to a major failure, Med-Con Pty. Ltd. is entitled to choose between providing you with a repair, replacement or refund. To obtain compensation, you would need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of a failure by Med-Con Pty. Ltd. to comply with a consumer guarantee under the Australian Consumer Law. Such evidence may include photographs, statutory declarations, receipts or reports (eg. from your doctor), depending on the loss or damage.
12.2 In addition to all rights and remedies to which you may be entitled under the Australian Competition and Consumer Act 2010 (Commonwealth) and any other relevant legislation, the manufacturer warrants this product to be free from defects in materials or workmanship for a period of 12 months from the date of purchase.
12.3 In order to claim under this warranty you will need to contact Med-Con Pty Ltd., and provide information as to proof of purchase (typically this will be a receipt). We will then, at our option, either repair or replace the product, or refund your money and take back the product in accordance with our Returns Policy a copy of which is available at either our web site www.medcon.com.au or by contacting Customer Service.
12.4 Our liability under this manufacturer’s warranty is subject to us being satisfied that a defect was caused by defective workmanship or materials, and was not caused by or substantially contributed to by other factors, or circumstances beyond our control, including (but not limited to) defective installation, maintenance or repair, alteration or modification of the product in a manner not recommended by the manufacturers or any neglect, misuse or excessive use.

13 Exclusion of Liability
13.1 This condition sets out the full extent of the Company’s obligations and liability to the Customer with the respect to Goods under any contract; and all other terms, conditions, warranties and representations that might otherwise be implied by statute or otherwise, are hereby expressly excluded, save for those that cannot be excluded, restricted or modified by law.
13.2 To the fullest extent permitted by law and subject only to any express exceptions contained in these Conditions, the Company will be under no liability to the Customer whatsoever including negligence, breach of statutory duty, restitution or otherwise for any injury, death, damage or direct
13.2.1 Any of the Goods, Services or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Goods or Services by the Company or on part of the Company’s employees, agents or sub-contractors.
13.2.2 Any breach by the Company of any of the express or implied terms of the contract.
13.2.3 Any acts or omissions of the Company at the Customers premises.
13.2.4 Any statement made or not made or advise given or not given by on behalf of the Company, including as to compliance with regulation or legislation.
13.2.5 Or otherwise under the contract.
13.3 The Company does not exclude, restrict or modify any liability that cannot be excluded, restricted or modified by law under the Competition and Consumer Act. However, where such statutory provisions apply, or where the Customer is entitled to claim under an express provision of these conditions, then to the extent permitted by law the Company’s total liability shall be limited to;
13.3.1 In the case of supply of Goods, either the replacement of the Goods; or supply of equivalent Goods; or the payment of the cost of replacing the Goods; or the payment of having the Goods repaired.
13.3.2 In the case of supply of services, either the supply of the Services again; or the cost of having the Services supplied again.

14 Intellectual Property Rights
14.1 No right or license is granted to the Customer, except the right to use or re-sell the Goods in the Customers ordinary course of business.
14.2 The Company owns full copyright in respect of manuals, website content and all Products. Reproduction in whole or part is prohibited without the Companies prior written consent.

15 Promotions
15.1 In the event that the Company sends promotional material to the Customer in relation to Goods or Services available from the Company, these conditions shall apply to all Goods purchased from such material.

16 Export
16.1 These conditions do not apply to the supply of Goods by the Company to Customers outside of Australia. The Customer is responsible at its own expense for obtaining any license and complying with any export or import regulations in force within Australia and in the country for which the Goods are destined.
16.2 The Company reserves the right not to supply certain persons or countries with any Goods.

17 Force Majeure
17.1 Every effort will be made to carry out every contract but the due performance of a contract is subject to variations or cancellation owing to an Act of God, internal disturbances, war, strikes, lockouts, fire, flood, riot, theft, force Majeure or any other causes beyond the Company’s control or owing to inability to procure materials or articles except at increased price