Conditions of Sale
Version 8.0 (1st March 2022)
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 “MMS” means MACQUARIE MEDICAL SYSTEMS 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); This also extends to our other trading names under the MACQUARIE MEDICAL SYSTEMS business, these include MACREHAB ONLINE STORE, MOLEMAX SYSTEMS, MACEDUCATION, DERMA MEDICAL SYSTEMS and
- “Large Orders” means an order from a customer totaling 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 MMS.
These terms and conditions cannot be varied or supplemented by any other conditions without the prior written consent of MMS.
MMS 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 MMS website at www.machealth.com.au/mms. Updated versions of these Conditions of Sale will supersede all previous versions.
If the customer applies for a credit account with MMS, MMS 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 MMS 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 MMS price list are current as at the date of issue. Whilst MMS will try to maintain the prices specified in the catalogue, MMS reserves the right to change the price of any good or service at any time. MMS will, however, confirm the prices for any good or service ordered by the customer prior to MMS’ 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 MMS and shown separately on the invoice (Australian customers only). International customers are not charged GST, providing an international address has been provided to MMS and the goods are exported within 60 days of the sale.
MMS reserves the right to decline to trade with any company or person without reason. In addition, MMS 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 MMS declines to accept an order where payment has been received, MMS will refund the payment.
MMS 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 MMS, by either fax to 02 9692 7965 or email to [email protected]
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. MMS 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 MMS is intended as an estimate only and is not a contractual commitment. MMS will use its best reasonable endeavors to meet any estimated dates for delivery of the goods.
If an estimated delivery date has lapsed or requires extending, MMS will advise the customer of a new estimated delivery date by either fax, email or telephone conversation.
All costs of freight, customs duties and taxes (for exports out of Australia) and delivery of the goods at the agreed delivery address shall be borne by the customer.
MMS 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 MMS 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 MMS 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.
MMS reserves the right to cancel an order after it has been placed via our online store if the freight costs exceeds the quoted amount by more than 10% and the customer does not agree to pay the difference in freight charges. At that point, a full refund will be issued to the customer.
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 MMS in writing of the following:
- Any defect in a product that is apparent on reasonable examination. In this case MMS shall, as MMS’ discretion, replace the product or refund the purchase price in accordance with the warranty conditions.
- Any shortfall in products delivered. In this case MMS shall, at its discretion, deliver the undelivered products (at no additional freight charge) or refund the price of the undelivered products.
- Any delivery of products not in accordance with the customer’s order. In this case MMS 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. MMS reserves the right to withhold the goods from the customer until the additional charges are paid. Otherwise MMS shall, at its discretion, refund the customer their payment less any application shipping and customs charges incurred by MMS.
If MMS 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:
- 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. The credit period begins on the day the goods are dispatched, which usually is also the invoice date.
- NET 15: The customer must pay the price with 15 calendar days in which the relevant order was dispatched. The credit period begins on the day the goods are dispatched, which usually is also the invoice date.
- PAYMENT PLAN: As agreed between MMS and the customer. Title of goods does not pass to the customer until all goods have been paid in full including additional cost and interest as prescribed in the agreed payment plan.
The customer may use one the following methods to pay off an account or prepay for goods:
- Diners, American Express, MasterCard, Zip or Visa Card. The customer must advise MMS by either email, fax or telephone each time an invoice is to be paid by credit card. Additional surcharges may apply for these types of payments.
- Personal cheque, Post Office money order, bank cheque and third part cheques are no longer acceptable forms of payment.
- Telegraphic Transfer into the MMS bank account. Details of the MMS bank account are available from the sales department, stated on your invoice or located on our website. The customer must send remittance advice to MMS 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 MMS, the remittance advice must state the customers’ name as printed on the MMS invoice.
- Refunds issued to customers for returned or cancelled orders are processed via the same method the customer used to make payment. Electronic refunds only are the preferred form of payment. We do not have the facility to issue cheque or money order refunds.
MMS 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:
- All sums then outstanding will become immediately due for payment.
- The customer will be liable to pay all expenses and legal costs incurred by MMS in relation to obtaining or seeking to obtain an appropriate remedy.
- MMS reserves the right to place an account on credit hold as of the day the payment is due. When the account is placed on hold, no further orders from the customer will be processed until the overdue payment (including all other invoices which are not due yet) is received.
- MMS 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 MMS.
PASSING OF PROPERTY IN GOODS
Until full payment in cleared funds is received by MMS for all goods or services supplied by MMS to the customer, as well as all other amounts owing to the supplier by the customer:
- Title and property in all goods remain vested in the supplier and do not pass to the customer;
- The customer must keep the goods separate from its goods and maintain the labelling and packaging of the supplier;
- The customer must deliver (at the customers expense) up all the goods to the supplier immediately upon service of a written demand. Damaged goods will incur additional charges.
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 MMS was, so far as MMS 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.
MMS 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 MMS within the given warranty period which starts on the date of the dispatch of the order. The standard warranty period of all MMS produced goods shall be for a minimum of 12 months from the invoice/dispatch date from MMS. Certain products may have warranty periods greater than 12 months, this may be stated on the product or the invoice. For example, DermLite Products sold after 1/7/2018 come with a 10 year warranty, 5 year warranty prior to 1/7/2018.
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 MMS who purchases the original goods from MMS. 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 MMS may require.
The warranty does not apply in circumstances where:
- The goods are not defective;
- The goods were used for a purpose other than for which they were intended;
- The goods were repaired, modified or altered by any person other than MMS;
- The defect has arisen due to misuse, neglect or accident;
- The defect has arisen due to the incorrect installation of the goods;
- The warranty seal on the back of the unit has been broken and/or removed;
- The goods have not been stored or maintained as recommended by MMS; or
- 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, MMS 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, MMS 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 MMS is authorised to make any representations, warranties, conditions or agreements no expressly confirmed by MMS in writing and MMS 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
MMS will guarantee supply of spare parts and service assistance for a minimum period of 3 years for all goods produced by MMS. If possible, at the discretion of MMS, units not produced by MMS 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, MMS 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).
MMS 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 MMS 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 MMS, and receive a credit or refund, on the following conditions:
1) The customer must return products to MMS in their original condition and in their original packaging within 5 business days of the delivery date stated on the delivery documentation, and must specify the relevant invoice number.
2) The customer must first contact MMS 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 5% restocking and administration charge will apply to goods returned outside the 5 business day period for refund (but no greater than two calendar weeks). A 15% restocking and administration charge will apply to goods returned outside the two calendar week period for refund (but no greater than one calendar month). No credits or refunds will be accepted after one month.
4) All products are returned to MMS at the customer’s risk and cost, and MMS accepts no responsibility for any loss or damage to them or any items received by MMS with them. Products completely damaged during transit will not be refunded and we recommend the customer insures the delivery in the event of damage or loss.
5) Products returned that slightly damaged or scratched will incur an additional 10% fee on top of the charges listed above. We recommend the customer insures the delivery in the event of damage or loss.
6) Products must be adequately packed and dispatched freight prepaid, clearly labelled to RETURNS DEPARTMENT, MACQUARIE MEDICAL SYSTEMS, 301 CATHERINE STREET, LEICHHARDT NSW 2040.
7) Products accepted for return will be credited at invoice value less freight charges paid by MMS.
8) The returns policy does not apply to and MMS is not obligated to accept the return of any books, software or consumables with an expiry date.
9) Goods custom made to order may not be returned for credit or refund.
10) Cost of travel and accommodation for services such as training, maintenance, repair, and/or installation of devices are non-refundable once the service has been booked. Costs incurred by MMS including return of goods will be deducted from any refunds payable.
11) Refunds issued to customers for returned or cancelled orders are processed via the same method the customer used to make payment. Electronic refunds only are the preferred form of payment. We do not have the facility to issue cheque, money order refunds or any other types of digital payments.
12) For products with a trial period included as part of the sale or a money back guarantee, please refer to the additional terms and conditions of sale/trial related to that promotion. These additional terms and conditions may outline a different return period allowed as well as alternate costs. If no other promotion exists, the conditions outlined in this document apply.
13) 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.
The Customer may not cancel orders once accepted by MMS 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 MMS’ written consent and the Customer must indemnify MMS in respect of any expense incurred by MMS relating to the cancellation of any order. In the event of part cancellation of orders based on bulk Quantity pricing, MMS 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.
Due to erratic pricing on freight due to varying package size, customer location, remote or courier accessibility issues, rising fuel costs and other global issues, pandemic, war etc, our freight prices quoted on our online store may not reflect the current freight cost and availability. When an order is placed online, we will send an order receipt first while the order is processed, followed by an official order confirmation/acceptance within 24 hours if there are no significant issues with stock or freight. We will attempt to verify this before an order is completely confirmed for the customer, while the order is in the processing stage. MMS reserves the right to cancel an order after it has been placed via our online store if the freight cost exceeds the quoted amount by more than 10% and the customer does not agree to pay the difference in freight charges. If a refund needs to be issued, it will be processed promptly to avoid further delays.
PRIVACY AND CUSTOMER INFORMATION
MMS 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 MMS may not be able to provide the Services requested. MMS is part of the Macquarie Health Corporation group of companies. The customer acknowledges that MMS 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 MMS 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 MMS of the provisions of this condition. MMS 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 MMS Sales & Marketing Department either in writing, by fax by telephone or by email.