These Conditions shall form the basis of the contract between Access Health (“Seller”) and the Buyer in relation to the sale of goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
These Conditions may not be varied except by the written agreement of Access Health.
In addition, all orders placed through the website (Guest or Account holder) will be deemed to have read and accepted the website Terms of Use Policy.
Quotations & Orders on Account
Any Quotation or statement of price is an invitation to treat only and is not an obligation to sell or offer to supply.
A Quotation is open for acceptance within the period stated on the Quotation. Where no period is stated, it remains open for acceptance for a period of 30 says from the date of the Quotation.
Access Health may, within 7 working days of receiving an order, accept or decline any order, in whole or in part, for goods placed by the Buyer.
The Buyer acknowledges that acceptance of an order by Access Health will not imply that Access Health will accept any future order(s) placed by the Buyer.
All Purchase Orders should make reference to Quote numbers where applicable and include freight where applicable.
Online Guest orders
The promotion of goods on the website does not constitute an offer to sell, it is an invitation to treat only. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified. Subject to the terms of this Agreement, an order is finalised when you have received your order confirmation and payment is made in full.
Where additional shipping costs are due (Clause 4e) an order will not be complete until the additional shipping costs are paid and received in full.
You must review your order carefully before placing it. Once an order is confirmed you may be unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement. If you change your mind, you can return your goods provided you meet the requirements set out in our Change of Minds Return Policy in Clause 8b.
If we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price of product description on the Website. In these circumstances the order will be refunded in full.
Price & Freight Charges
The price of the Goods are those prices specified on the front of the Sales Order.
The Price is exclusive of:
GST and Freight.
GST will be added to the Sales Order where applicable to the goods ordered and freight charges.
Freight charges will be:
As per our quotation; or
As per our standard freight company tariff;
As applicable to the buyers agreed terms of account; or
As per our Flat Rate or otherwise agreed (online guest orders)
Some items will not qualify for our flat fee shipping fee. If additional freight is required (due to weight, remote location and/or dimensions), you will be contacted with details of the additional freight to arrange payment. Goods will not be despatched until freight costs are paid in full (on-line/pre-pay orders). Where additional freight is not agreed or paid, the order will be cancelled and payments received refunded.
Pricing for undelivered Goods may be increased in the event of an increase in Access Health’s cost, change in market conditions or any other cause beyond Access Health’s reasonable control.
Prices on the website are subject to change without notification.
Invoicing & Payment
Payment for Goods and freight must be made:
Prior to despatch for pre-pay buyers
In accordance with agreed account terms for account buyers.
Access Health is entitled to recover from Buyer all legal and other costs incurred by Access Health arising from Buyer’s default in payment and the collection of any overdue monies.
If you fail to pay an amount when due, in addition to any other rights we may have, we may:
Collect any Goods that have not been paid for.
Suspend any further deliveries.
Terminate the Agreement in accordance with Clause 14 of this Agreement
Goods
The quantity and description of Goods shall be as per the Sales Order or any agreed revision unless set out in any confirmation of order issued by Access Health.
Out of stock items will be placed on backorder.
Delivery of the Goods
Delivery of the Goods shall be made to the Buyer’s nominated shipping address. The Buyer shall make all arrangements necessary to take delivery of the Goods.
Access Health undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date but does not guarantee to do so.
Time of delivery shall not be of the essence of the contract.
Access Health shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, Access Health shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
Where there has been a failed delivery attempt, Access Health reserve the right to charge the buyer with the additional delivery and reasonably incurred associated costs.
If any delivery is cancelled due to any change in the Buyer’s requirements, the Buyer may be required to pay the full cost of delivery that would have been due had the delivery been completed, in addition to the cost of any further delivery.
Access Health may suspend any deliveries of goods or performance of any services to the Buyer under any contract or agreement or arrangement until all overdue sums (and interest accruing on them) have been paid in full.
Returns & Exchanges
Where applicable, we handle returns, refunds and repairs in accordance with our obligations under Australian Consumer Law.
Goods must be inspected as soon as reasonably practicable after delivery.
If any, or all of the Goods delivered were damaged, defective, or incorrect when delivered, then the Customer must give written notice of that fact within seven (7) Business Days after the delivery date.
Change of Mind Returns
Please choose carefully as returns and refunds are not possible where you have changed your mind, made the incorrect selection, or found the item cheaper elsewhere.
Access Health will allow a return for an exchange of product where you have changed your mind, provided that the item in question is:
returned within 7 days of receiving the order,
in a resalable condition and as new and unused, unworn, unopened, undamaged and has all original packaging and tags in-tact (including any package seals (if any) being unbroken).
Not subject to Clause 81.
Goods must be returned at the Buyers expense and prior to return instructions must be sought from the Access Health Customer Service Team. Goods must not be returned without instruction as may not be accepted.
If the item is not received by us, you will not be eligible for a credit or exchange.
All goods specifically manufactured (Custom made) or ordered for the Customer (Special Order) will not be returnable except due to a manufacturers defect, unless otherwise agreed to in writing.
Subject to Clause 8a, defective item(s) may be exchanged/returned for the same item.
Items purchased that have been used or altered may not be accepted for exchange.
A manufacturer’s warranty will only apply if the item is used in accordance with the manufacturer’s user instructions and when the item has been well maintained.
Returns are not accepted for goods which are used in a way or environment that would create OH&S and hygiene risks. This includes any goods that may have been soiled or exposed to biological contamination. This also includes but is not limited to goods used for: bathroom and bathing; toileting; toileting and hygiene slings; stockings and undergarments; pillows; cushions; bedding and protectors; continence products; bracing and supports; compression garments; personal kitchen aids; cutlery and crockery. Remedies for defective goods are still available.
Returned goods are not deemed and accepted as qualifying as a return until we have assessed and confirmed in writing. Returns will be subject to a 20% re-stocking fee.
Limitation of Liability
Any provision of these Terms that excludes any terms, conditions or warranties, or limits the liability of a party will apply only to the extent permitted by law and these Terms will be construed subject to such terms, conditions, warranties and limitations.
Certain laws imply terms, conditions and warranties into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. Our liability in respect of a breach of a law or any warranty made under these Agreement is limited, to the extent permissible by law and at our option, to
replace or the supply of equivalent Goods;
repair of the Goods;
the cost of replacing the Goods or of acquiring equivalent Goods; or
the cost of having the Goods repaired.
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in this Agreement or in another warranty statement supplied by us are excluded and we are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
any increased costs or expenses;
any loss of profit, revenue, business, contracts or anticipated savings;
any loss or expense resulting from a claim by a third party; or
any special, indirect or consequential loss or damage of any nature whatsoever.
Indemnity
The Buyer releases and indemnifies Access Health, its related employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with those indemnified, and whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss) arising out of a breach of the Buyer’s warranties or obligations contained in these Terms, and from and against all damages, reasonable costs and expenses incurred in satisfying, defending or settling any such claim, proceeding or demand.
Force Majeure
Access Health is not liable for failure to fulfil its obligations for any accepted Order or for delays in delivery due to causes beyond its reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labour, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Access Health from performance and barring remedies for non-performance.
In an event of force majeure condition, Access Health’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Access Health to any liability or penalty. Access Health may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
Risk and Title
Legal and beneficial ownership in the Goods will not pass to Buyer until the Buyer has paid in full for those Products.
Risk of loss of or damage to the Goods will remain with Access Health only until the first of: the passing of title of the Products to the Buyer, or delivery of the Goods by Access Health to the Buyer. Thereafter risk of damage to, or loss or deterioration of, the Goods from any cause whatsoever passes to Customer.
Registration of Security Interest
The buyer, as Grantor grants to Access Health a security interest(s) in the Goods under the Personal Property Securities Act 2009, if applicable. This security interest(s) will be a purchase money security interest(s) PMSI.
A security interest is taken in all Goods previously supplied by us to you (if any) and all Goods that will be supplied in the future by us to you during the continuance of our relationship
The buyer acknowledges that Access Health may, at its discretion, register the security interest(s) in the Goods.
Termination
We may terminate a contract:
Immediately on written notice if you are in default of the Contract and the default is not remedied within 14 days of receiving written notice to remedy the default; or
Immediately on written notice if you become bankrupt, are ordered to wind up, pass into liquidation or administration or have a receiver, manager or administrator appointed.
Upon termination of this agreement and in accordance with 14a you must pay us all amount owing to us up to the date of termination including all reasonable costs incurred by us as a result of the termination of this Agreement (including third party and administration fees).
Assignment
The Buyer may not assign any rights under any contract entered into with Access Health without Access Health’s written consent.
General
We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
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