Terms & Conditions
CONDITIONS OF SALE
VERSION 5.0 (1st March 2017)
PLEASE INITIAL AT THE BOTTOM OF EVERY PAGE AND SIGN THE LAST PAGE
PLEASE RETURN BACK TO MACREHAB ALONG WITH THE SIGNED QUOTE/CONTRACT
THE QUOTE CANNOT BE EXECUTED UNTIL BOTH SIGNED DOCUMENTS HAVE BEEN RETURNED
In these conditions:
• “Conditions” means the terms of these Conditions of Sale;
• “Customer” means a person, company or corporation seeking to acquire goods or services from the Supplier;
• “Goods” and “Products” means all goods or services supplied by the Supplier to the Customer;
• “Supplier” and “MACREHAB” means MACREHAB PTY LTD (ACN 002 237 676 ABN 65 002 237 676), a division of MACQUARIE HEALTH CORPORATION LIMITED (ACN 003 531 860 ABN 32 003 531 860);
• “Large Orders” means an order from a customer totalling in net value over AUS$100 and/or weighing more than 3kg.
• “Australian Customer” or "Domestic" means a customer whose primary place of business in within the boundaries of the mainland, and Tasmania, of the Commonwealth of Australia.
The latest version of these Conditions of Sale bind any person who places orders for goods or services with MACREHAB.
These terms and conditions cannot be varied or supplemented by any other conditions without the prior written consent of MACREHAB.
MACREHAB reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions may be found on the MACREHAB website at www.machealth.com.au/MacRehab. Updated versions of these Conditions of Sale will supersede all previous versions.
If the customer applies for a credit account with MACREHAB, MACREHAB may specify additional terms and conditions on the account application form. If these terms and conditions specified in the account application form are inconsistent with these terms and conditions, the terms and conditions specified in the account application form will prevail to the extent of the inconsistency.
Any written quotation provided by MACREHAB to the customer concerning the proposed supply of goods is valid for 30 days from the date specified on the quote, unless otherwise stated in the quotation, and is an invitation only to the customer to place an order based upon that quotation. The quotation may include additional terms, which are inconsistent with these conditions of sale.
The prices of goods and services set out in the MACREHAB price list are current as at the date of issue. Whilst MACREHAB will try to maintain the prices specified in the catalogue, MACREHAB reserves the right to change the price of any good or service at any time. MACREHAB will, however, confirm the prices for any good or service ordered by the customer prior to MACREHAB’ acceptance of the relevant order.
Prices for the supply of goods and services excludes sales tax, consumption of goods and services tax, and any other taxes imposed on or in relation to the goods.
Prices for the supply of goods and services exclude the cost of freight, insurance or other charges (include document legalisation fees and letter of credit processing fees (customers outside Australia)) arising from the point of dispatch of the goods to the customer to the point of delivery.
GST will be levied at the statutory rate on all goods and services provided by MACREHAB and shown separately on the invoice (Australian customers only). International customers are not charged GST, providing an international address has been provided to MACREHAB and the goods are exported within 60 days of the sale.
MACREHAB reserves the right to decline to trade with any company or person without reason. In addition, MACREHAB may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the customer by fax, email or telephone conversation. If MACREHAB declines to accept an order where payment has been received, MACREHAB will refund the payment.
MACREHAB executes orders to the customer’s requirements, and will not substitute an ordered product for another product unless the customer has so requested or the ordered product has been superseded. This will be confirmed in writing.
Written confirmation of all orders is required to be sent to MACREHAB, by either fax to 02 9692 7965 or email to firstname.lastname@example.org
All products are delivered by courier, or if more feasible and practical, postal deliveries can be arranged. However, for all large orders, courier deliveries are to be used for tracking and security purposes.
Domestic deliveries are shipped either via a "Standard" or "Express" service. Deliveries where a "Standard" method are requested are generally dispatched within 2-3 business days of order confirmation and are generally received by the customer the 2-3 days after they are dispatched. Domestic deliveries are shipped either via a "Standard" or "Express" service. Deliveries where a "Express" method are requested are generally dispatched within 24 hours of order confirmation and are generally received by the customer the next business day after they are dispatched.
International orders take longer to be delivered. MACREHAB will advise customer of approximate delivery time. This period is usually stated on the Proforma Invoice/Quote issued to the customer.
Any period or date for delivery of goods stated by MACREHAB is intended as an estimate only and is not a contractual commitment. MACREHAB will use its best reasonable endeavours to meet any estimated dates for delivery of the goods.
If an estimated delivery date has lapsed or requires extending, MACREHAB will advise the customer of a new estimated delivery date by either fax, email or telephone conversation.
All costs of freight and delivery of the goods at the agreed delivery address shall be borne by the customer.
MACREHAB uses Australia Post, Toll and Star Track for domestic (Australian) deliveries. Australia Post, Toll and DHL are used for International Deliveries.
If this customer wishes MACREHAB to use an alternate freight company or the customer’s own freight account number when booking a delivery, it is the customer’s responsibility to arrange for the courier to pick up the goods from MACREHAB for delivery.
Same-Day Deliveries are available for Sydney, Central Coast, Newcastle, Wollongong, Melbourne, Canberra and Brisbane metropolitan areas only. Same-Day orders must be placed before Midday and are charged at higher freight rates to be quoted to the customer on order. Same-Day orders are subject to stock availability and require phone confirmation.
INSPECTION, TRANSIT DELAYS AND NON-DELIVERY
The customer must inspect all orders and the products supplied with the order as soon as is reasonably possible after delivery and shall, within 5 business days of receipt of goods, give notice to MACREHAB in writing of the following:
1. Any defect in a product that is apparent on reasonable examination. In this case MACREHAB shall, as MACREHAB’ discretion, replace the product or refund the purchase price in accordance with the warranty conditions.
2. Any shortfall in products delivered. In this case MACREHAB shall, at its discretion, deliver the undelivered products (at no additional freight charge) or refund the price of the undelivered products.
3. Any delivery of products not in accordance with the customer’s order. In this case MACREHAB shall, at its discretion, replace the products or refund the purchase price.
If the customer fails to give any notice, the customer will be deemed to have accepted the relevant order as being delivered in accordance with their instructions and to have accepted the products as being free from all defects.
Any additional charges due to non-delivery or re-delivery of goods will be charged back to the customer. MACREHAB reserves the right to withhold the goods from the customer until the additional charges are paid. Otherwise MACREHAB shall, at its discretion, refund the customer their payment less any application shipping and customs charges incurred by MACREHAB.
If MACREHAB has not granted credit to the customer, payment terms are prepaid.
Credit terms (subject to satisfactory account application form) are available for Australian customers only. If credit has been granted, the customer will be assigned one of the following credit tiers:
1. EOM AFTER EOM: The customer must pay the price by the end of the month following the month in which the relevant order was dispatched.
2. NET 15: The customer must pay the price with 15 calendar days in which the relevant order was dispatched.
Please note: The credit period does not begin when the customer’s accounts department receives the invoice for payment, the credit period begins on the day the goods are dispatched, which is also the invoice date.
The customer may use one the following methods to pay off an account or prepay for goods:
1. Diners, American Express, MasterCard, Union Pay or Visa Card. The customer must advise MACREHAB by either email, fax or telephone each time an invoice is to be paid by credit card. Additional surcharges may apply for credit card payment.
2. Personal cheque, Post Office money order or bank cheque. (Only Australian Customers). Third part cheques are not acceptable forms of payment.
3. Telegraphic Transfer into the MACREHAB bank account. Details of the MACREHAB bank account are available from the sales department, stated on your invoice or located on our website. The customer must send remittance advice to MACREHAB on the same day that a telegraphic transfer goes through. This advice must be sent by email or fax only. If the name of the remitter is different to that on the invoice issued by MACREHAB, the remittance advice must state the customers’ name as printed on the MACREHAB invoice.
MACREHAB may withdraw any credit terms or require the provision of security at any time.
If any sum is not paid by the due date for payment:
1. All sums then outstanding will become immediately due for payment.
2. The customer will be liable to pay all expenses and legal costs incurred by MACREHAB in relation to obtaining or seeking to obtain an appropriate remedy.
3. MACREHAB reserves the right to place an account on credit hold as of the day the payment is due. No further orders from the customer will be processed until the overdue payment is received.
4. MACREHAB may by notice in writing to the customer, terminate any contract with the customer on the grounds that the customer is not meeting the payment terms agreed upon with MACREHAB.
PASSING OF PROPERTY IN GOODS
Until full payment in cleared funds is received by MACREHAB for all goods or services supplied by MACREHAB to the customer, as well as all other amounts owing to the supplier by the customer:
1. Title and property in all goods remain vested in the supplier and do not pass to the customer;
2. The customer must keep the goods separate from its goods and maintain the labelling and packaging of the supplier;
3. The customer must deliver up all the goods to the supplier immediately upon service of a written demand.
Risk of loss of or damage to ordered products shall pass to the customer at the time of delivery.
GOODS MADE TO CUSTOMER’S SPECIFICATIONS & GOODS REQUIRING DEPOSIT
Some goods requiring deposit payments are subject to a non-refundable 10% deposit, as specified on the sales order contract. In addition, goods altered or manufactured specially to meet customer’s requirements will not be accepted back for credit or refund.
The information contained in brochures and fact sheets supplied by MACREHAB was, so far as MACREHAB is aware, correct at the time of printing. Where the customer intends to supply goods to any other person, the customer must ensure that all warnings and labels are still attached. They must also ensure that all instructions, manuals and other information supplied to the customer with the relevant goods are supplied by the customer to the other person and are not lost or damaged in any way.
MACREHAB warrants that if defects appear in products, under proper and normal use, it will, at its option, replace or repair the product or refund the purchase price. This warranty is subject to the customer making a claim in writing to MACREHAB within the given warranty period which starts on the date of the dispatch of the order. The standard warranty period of all MACREHAB produced goods shall be for a minimum of 12 months from the invoice/dispatch date from MACREHAB. Certain products may have warranty periods greater than 12 months, this will be stated on the product or the invoice. Larger systems such as MoleMax systems can have a warranty performed onsite at the same address the system was originally installed at. Where the goods have been sold to a distributor for on-sale to one of their customers, there is an additional 3-month cover period on top of the standard 12 months warranty to cover shelf time at the customers (being a distributor) place of business. This additional 3 month cover period is only available to the distributor of MACREHAB who purchases the original goods from MACREHAB. This additional cover cannot be transferred or passed on to another distributor or customer.
Returned products or the returned parts of any product must be accompanied by an advice note stating the original invoice number(s) relating to the products and the nature of any claimed defect, together with such further information as MACREHAB may require.
The warranty does not apply in circumstances where:
1. The goods are not defective;
2. The goods were used for a purpose other than for which they were intended;
3. The goods were repaired, modified or altered by any person other than MACREHAB;
4. The defect has arisen due to misuse, neglect or accident;
5. The defect has arisen due to the incorrect installation of the goods;
6. The warranty seal on the back of the unit has been broken and/or removed;
7. The goods have not been stored or maintained as recommended by MACREHAB; or
8. The customer is in breach of any of these Conditions of Sale.
Due to their nature, cables, connectors and batteries cannot be covered by this warranty.
Where the customer returns products otherwise in accordance with this condition, MACREHAB may refuse to repair, replace or refund the purchase price of the products and return them to the customer at the customer’s cost. Where a product cannot be repaired during a warranty period, MACREHAB will, at its discretion replace the complete unit with a new product (if the unit has been returned for service) or offer a partial refund if no other alternative can be found. No agent or representative of MACREHAB is authorised to make any representations, warranties, conditions or agreements no expressly confirmed by MACREHAB in writing and MACREHAB is not bound in any way by such unauthorised statements nor can such statements be taken to form part of these terms and conditions.
SPARE PARTS SUPPLY & SERVICE
MACREHAB will guarantee supply of spare parts and service assistance for a minimum period of 3 years for all goods produced by MACREHAB.
If possible, at the discretion of MACREHAB, units not produced by MACREHAB will be sent back to the original manufacturer for repair or replacement.
Where a spare part is no longer available within the guaranteed 3-year supply period, MACREHAB will, at its discretion replace the complete unit with a new product (if the unit has been returned for service) or substitute the part with an updated part fulfilling the same task (if the customer has requested a spare part).
MACREHAB is not liable for any loss or damage suffered by the customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
The supplier will not be liable for any loss or damage suffered by the customer where MACREHAB has failed to meet any delivery date or cancels or suspends the supply of goods or services.
Nothing in these Conditions of Sale is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any Australian State or Federal legislation applicable to the sale of goods which cannot be excluded, restricted or modified.
RETURNS OF GOODS POLICY
The customer may only return goods to MACREHAB, and receive a credit or refund, on the following conditions:
1) The customer must return products to MACREHAB in their original condition and in their original packaging within 10 business days of the delivery date stated on the delivery documentation, and must specify the relevant invoice number.
2) The customer must contact MACREHAB on 612-9692-7911 to obtain a Return Authorisation Number. This Return Authorisation Number must be stated on the documentation with the returned goods.
3) A 10% restocking and administration charge will apply to goods returned outside the 10 business day period for refund (but no greater than one month). A 20% restocking and administration charge will apply to goods returned outside the one month period for refund (but no greater than two months). No credits or refunds will be accepted after two months.
4) All products are returned to MACREHAB at the customer’s risk, and MACREHAB accepts no responsibility for any loss or damage to them or any items received by MACREHAB with them.
5) Products must be adequately packed and dispatched freight prepaid, clearly labelled to RETURNS DEPARTMENT, MACREHAB, 301 CATHERINE STREET, LEICHHARDT NSW 2040.
6) Products accepted for return will be credited at invoice value less freight charges paid by MACREHAB.
7) The returns policy does not apply to and MACREHAB is not obligated to accept the return of any books, software or consumables with an expiry date.
8) Goods custom made to order may not be returned for credit or refund.
The Customer may not cancel orders once accepted by MACREHAB if a deposit (or a full payment) has already being paid or the goods have already shipped. Any cancellation (or part cancellation) of an order will only be accepted on MACREHAB' written consent and the Customer must indemnify MACREHAB in respect of any expense incurred by MACREHAB relating to the cancellation of any order. In the event of part cancellation of orders based on bulk Quantity pricing, MACREHAB may invoice the Customer for the difference between the price for the bulk Quantity and the standard pricing if the cancellation results in the order being classified as a 'non-bulk' order.
PRIVACY AND CUSTOMER INFORMATION
MACREHAB may collect personal information about the Customer or its employees for the purpose of providing the Services requested by the Customer and administering its relationship with the Customer. If this personal information is not provided then MACREHAB may not be able to provide the Services requested. MACREHAB is part of the Macquarie Health Corporation group of companies. The customer acknowledges that MACREHAB may disclose personal information about the customer or its employees to other members in this group of companies. Any member of this group may keep and use personal details of the customer and its employees for the purposes of providing services to the customer, as requested by the customer. Any individual can request access to the personal information which MACREHAB holds about them at any time by calling 612-9692-7911 or via fax on 612-9692-7965. The customer must inform all of its employees who are to have dealings with MACREHAB of the provisions of this condition. MACREHAB may send to the customer and its employee’s details of other Products and Services offered by the group that may interest the customer. If the customer or its employees do not wish to receive details of these other offers or wish to amend or correct their details, then they should contact the MACREHAB Sales & Marketing Department either in writing, by fax by telephone or by email.
ACCEPTANCE OF TERMS AND CONDITIONS: Name: _______________________________________