APPLICABILITY: These terms and conditions apply to all sales by LifeHealthcare Distribution Pty Ltd (the “Company”), of Level 8, 15 Talavera Road, North Ryde, New South Wales, 2113 to self-funded patient customers (“you”/”your”) to the exclusion of any terms or conditions contained in any communication, agreement or invoice from you, unless expressly agreed in writing. By acquiring goods from the Company, you accept these terms and conditions as terms of the contract for the sale of goods to which this contract relates. Any variation or waiver of these terms and conditions must be in writing signed on behalf of the Company.
PRODUCTS & PRICES: Quotations provided to you includes indicative pricing only. Every effort is made to ensure that a quotation is a realistic estimate at the time the quotation is issued based on the information available to the Company. Due to the unique nature of each medical surgery, final pricing can only be established after the surgery has taken place and there may be circumstances where the indicative pricing shown on the quotation is exceeded. This could occur where additional or different products are required during surgery. Where the costs of the surgery exceed the quotation, we will charge you for the additional products used during the surgery at a maximum price per the Prosthesis List. All quotations provided to you are inclusive of all taxes, duties and fees, but exclusive of freight. A quote is valid for 30 days from the date the quote is issued. Products are subject to availability.
PAYMENT: Payment based on the quotation must be made no less than 2 business days prior to surgery, either by Credit card (Mastercard or Visa only) or Electronic Funds Transfer. After the surgery, you may be required to pay any additional costs based on the products actually used during the surgery over and above the quotation, or you will be provided with a refund for any products quoted that were not used during the surgery. The Company will issue a final invoice to you after the surgery and payment must be made within 7 days from the invoice date, unless otherwise agreed by the Company.
DELIVERY TERMS: The Company will take reasonable endeavours to adhere to any delivery time agreed with you. The Company accepts no responsibility for any loss or damage resulting from any delay or failure to meet an agreed delivery date.
CANCELLATION: Accepted orders can only be cancelled with the agreement of the Company, which agreement will not be unreasonably withheld. The Company’s agreement may be subject to conditions, acting reasonably.
PASSING OF PROPERTY AND RISK: You will become the owner of the goods at the time the goods are implanted into you.
WARRANTIES: The Company’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (Statutory Rights). You are entitled to a replacement or refund for a major failure and compensation for any other reasonable 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. The warranty offered by the Company below is in addition to your Statutory Rights. Nothing in these terms and conditions excludes, restricts or modifies your Statutory Rights which cannot be excluded, restricted or modified.
The Company warrants the goods against defects caused by faulty workmanship or materials for 30 days from the date of implant. The Company will, at its option, replace any defective goods at the Company’s expense. This warranty does not apply where any repairs or modifications to the goods have been carried out by a person other than the Company or an authorised agent of the Company. This exclusion does not affect your Statutory Rights.
To make a claim under this warranty, you must provide proof of purchase and direct your claim to the Company:
- on 1800 060 168, or
- at firstname.lastname@example.org or
- by writing to us at Attention Customer Service, Level 8, 15 Talavera Road, North Ryde, 2113.
On receipt of a warranty claim, the Company will contact you to determine the best way for it to assess whether the claim is valid having regard to the product in question, which may include a medical assessment if applicable. To the extent permitted by law, you will bear the costs of claiming the warranty. If the Company determines the warranty claim is valid, you may claim any reasonable expenses incurred in making the warranty claim by writing to us at the address identified above and attaching receipts.
To the extent permitted by law and subject to your non-excludable Statutory Rights, any warranties or conditions which are not guaranteed by the Australian Consumer Law or which are implied by any other legislation applicable to the goods which are not expressly included in these terms and conditions, are excluded to the extent that such exclusion is not prohibited by such legislation.
LIMITATION OF LIABILITY: To the fullest extent permitted by law and subject to your Statutory Rights, you agree that the Company is not liable for any indirect, special, consequential or punitive damages (including but not limited to loss of profit) or loss arising out of or in relation to this contract of sale and the transactions it contemplates.
Where the products supplied to you by the Company are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Company’s liability for breach of your Statutory Rights (other than liability for guarantees as to title, undisclosed securities and undisturbed possession in relation to goods supplied to you, which the Company cannot limit) is limited, in the Company’s discretion, to either:
- a) the replacement of the goods or the supply of equivalent goods;
- b) the repair of the goods;
- c) the payment of the cost of replacing the goods or acquiring equivalent goods; or
- d) the payment of the cost of having the goods repaired.
The Company cannot limit its liability as set out above if you establish that it would not be fair and reasonable for us to do so.
GOVERNING LAW AND JURISDICTION: This contract and its performance and discharge are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales.
Date issued: 28 February 2018
Approved by: Dean Taylor