TERMS & CONDITIONS
Medical Dental Solutions NQ Pty Ltd
ABN: 57 112 842 725
TERMS AND CONDITIONS OF SALE
In consideration of Medical Dental Solutions Pty Ltd ABN 57 112 842 725 (the supplier) agreeing to supply goods and/or services (goods) to the Customer, the Customer agrees and accepts that these terms and conditions apply to all sale of goods by the supplier to the Customer, to the exclusion of any conditions of sale appearing on any document of the Customer. The Customer further acknowledges that these Terms and Conditions of Sale constitute the entire agreement of the parties as to the supply of goods by the supplier, and may not be varied without the prior written agreement of the supplier. The supplier reserves the right to suspend/close credit facilities in breach of these Conditions, and advises that credit may be withdrawn should the authorised credit limit be exceeded.
2. Ownership of Goods
(a) (i) Property in any goods delivered to the Customer will not pass to the Customer until the later of (a)
payment in full for The goods; payment in full of all moneys owing or unpaid by the Customer to the supplier including moneys in respect of goods previously or subsequently supplied to the Customer by the supplier.
(ii) The Customer shall store the goods in such a manner as to show clearly that they are the property of the supplier and the Customer shall keep records of all use and sales of such goods.
(iii) The Customer shall keep the goods free from and will indemnify the supplier against any charge, lien or other claim thereon. The Customer has no title or right to charge or encumber the goods before payment to the supplier under this clause.
(iv) If the Customer fails to pay the purchase price or any other debts to the supplier when due, or commits any act of bankruptcy, the supplier may without notice and without prejudice to any of its rights and remedies recover and/or resell the goods or any of them and may by its servants or agents enter upon the Customer’s premises or any premises occupied by the Customer for that purpose.
(b) Goods delivered to the Customer shall be at the Customer’s risk on delivery to the Customer.
(c) Not withstanding paragraph (a), the Customer may on-sell the goods on commercial terms in the ordinary course of its business before the purchase price for the goods and other debts to the supplier have been paid to the supplier, but in this case the Customer shall hold the proceeds of such sale on trust for the supplier in a separate account and account to the supplier for such proceeds on demand.
(d) The supplier will be given full ownership of any new goods or objects formed if you transform our goods into other products or affix those goods to other objects.
(e) The Customer is not entitled to return the goods and refuse or delay payment on the grounds that the property in the goods has not yet passed.
3. Delivery, Claims/Returns and Cancellations
(a) The Customer is solely responsible for acceptance of orders and shall raise no claims for loss or damage to orders where same are, by arrangement, delivered to and left at unattended sites.
(b) Specifically procured, non-stocked items and consumable items are not returnable. Claims for credit and returns must be made within seven (7) days of date of invoice quoting invoice number and date and returns will not be accepted without prior approval from the supplier. The supplier reserves the right to charge a handling fee of 30% on all returns.
(c) Cancellations are accepted only if payment of the cost of goods, labour and material expended to the date of cancellation plus an administration fee of 30% are paid on that date.
Unless otherwise agreed in writing the price of the goods shall be that price charged by the supplier at the date of order, plus any transportation, freight, postage, packaging, handling, insurance and goods and services tax (“GST”). GST where applicable, will be charged at the appropriate rate ruling at the date of invoice.
5. Terms of Payment
(a) Payment for material, goods and services pursuant to this agreement including GST is due thirty (30) days from date of invoice unless otherwise stated in writing by the supplier. Payment is not deemed to be made until funds have been cleared.
(b) After the due date of payment, the supplier may charge interest on outstanding amounts payable, calculated on a daily balance, at the reference rate of + 10%.
(c) The Customer agrees to pay and reimburse the supplier on demand for all legal costs, collection costs, court costs, interest and any other costs that the Court may determine, stamp duty or any other costs or expenses suffered or incurred by the supplier in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by the supplier to document or secure the provision of credit to the customer together with all collection and enforcement costs and expenses which the supplier may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the Customer (without limitation) legal costs on a full Indemnity basis.
6. Changes in Ownership
In the event of the Customer, being an individual or partnership, incorporates his/her business and the Company continues to use the existing account, or the account is used by a Company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If ownership of the Customer’s business changes, the Customer will remain liable for all debt incurred on this account until such time as the supplier is notified in writing of such change.
7. Limitation of Liability
The Customer acknowledges that no warranty, condition, description or representation in relation to goods supplied is given by the supplier, expressly or implied. All warranties, terms and conditions in relation to the state, quality of fitness of the goods and of every other kind whether implied by use, statute or otherwise are hereby excluded. The supplier shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods arising out of the supplier’s negligence or in any way whatsoever. The supplier’s liability for a breach of a condition or warranty is hereby limited to: –
(a) In the case of goods, any one or more of the following:-
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of having the goods repaired; or
(b) In the case of services again:-
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again
The supplier’s liability is expressly limited to a liability to pay the customer an amount equal to: –
(a) The cost of replacing the goods; or the cost of obtaining equivalent goods; or
(b) the cost of having the goods repaired, whichever is the lowest amount.
8. Exercise of Legal Rights
The failure, delay, relaxation or indulgence on the part of the supplier in exercising any power or right conferred upon the supplier by these Terms and Conditions of Sale does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions of Sale.
9. Force Majeure
(a) We are not liable for the failure to perform the Contract to the extent and for so long as our performance is prevented or delayed because of:
(i) Circumstances outside our control;
(ii) Failure of our machinery; or
(iii) Failure of a supplier to us.
(b) If our ability to fulfil an acceptable order is affected by circumstance or event beyond our control we may:
(i) extend the date for delivery
(ii) with your approval, alter the specifications for the goods to allow the substitution of equivalent goods; or
(iii) cancel the order without liability for the breach.
10. Governing Law
These Terms and Conditions of Sale shall be construed in accordance with the laws in force in the State of Queensland, Australia and more specifically to the exclusive jurisdiction of the Magistrates Court at Townsville.
Where these Terms and Conditions of Sale are qualified by any provision of law which applies and which cannot be excluded, where any such provision in these Terms and Conditions of Sale is deemed to be unlawful or unenforceable, such provision shall be severed from these Terms and Conditions of Sale and all other provisions hereof shall remain in force to the fullest extent permitted by law.
(a) You acknowledge that all conditions, warranties or other terms implied by statute or common law are expressly excluded from this Contract to the fullest extent permitted by law.
(b) This Contract may only be varied if the variation is in writing and signed by us and you.
(c) The sale to purchase by you of the Equipment does not confer on you any licence or right under any copyright, patent, registered design or trademark which is our property and you agree
to conform to all reasonable requirements imposed by us with respect to trademarks or identification marks in respect of the Equipment.
(d) Where an order for X-ray equipment is received, you acknowledge that we cannot supply the Equipment to you until you supply us with the valid approval to acquire from the Regulatory
Governing Body of State of sale of equipment.
Images are representative only and the items may not be exactly as illustrated
Any customer contact with Medical Dental Solutions by default gives Medical Dental Solutions the right to contact the customer via email or any other form. The Customer may end this contact or ‘opt out’ of contact with Medical Dental Solutions at any time at their discretion.
Freight costs with any product is decided at Medical Dental Solutions’ discretion. As default Medical Dental Solutions will never offer free freight for excessively large or heavy products. These include Medical Dental Solutions’ range of Furniture, Sterilisers, Light Stands, and Surgical Lights etc. The Customer will always be informed of any additional or standard freight charges at the time of processing the order. Freight discounts apply to Australian Customers only.
16. Repairs If a product is returned to Medical Dental Solutions for repair and no fault is found, Medical Dental Solutions reserves the right to charge the Customer an assessment fee.
End of Terms & Conditions of Sale