Terms & Conditions
BMDi TUTA Healthcare Pty Limited ACN 129 888 259 (“Company”)
Standard Trading Terms
BMDi Tuta Healthcare Pty Limited is a wholly subsidiary and trading company of Medical Australia Limited ACN 096 048 912. These Trading Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of goods and services (“Products”) by the Company to a customer from time to time. Any supply of Products by the Company to the customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by the Company and any such supply does not give rise to a new or separate agreement.
2. Supply of Products
Products will only be supplied on receipt of an official customer purchase order or in the case of on-line purchases, a successfully completed on-line order and credit card transaction. The purchase order must clearly show the customer’s shipping and billing address, a contact name and phone number and an order number.
3. Price for Products Purchased
a. Unless otherwise agreed, international shipments will be invoiced in USD and Australian and New Zealand shipments in Australian Dollars
b. GST and any applicable local taxes will be charged to the customer at the then-current rate where applicable.
c. Insurance – Insurance of Product during transit will be the responsibility of the Customer
4. Dispatch of goods
a. Freight terms – Unless otherwise agreed by the Company in writing, all freight terms will be Ex Works Sydney or a location specified by the Company.
b. Dispatch times – if Product is a stock item, dispatch will be within 1 working day of order receipt. If Product is a non-stock item, dispatch time will be confirmed on receipt of an official order.
c. Risk in the Products passes to the customer upon dispatch from Company’s works. Title to the Products will pass to the customer on receipt of payment in full for the Products. Until the date of payment,
i. customer has the right to sell the Products in the ordinary course of business;
ii. until the Products have been sold by customer in the ordinary course of the customer’s business, the customer holds the Products as bailee for the Company; and
iii. in the event that customer is in default under these Terms Company may without notice to customer enter customer’s premises or any premises under control of customer for purpose of recovering the Products.
a. Company warrants that the Products will be free from defects in material and workmanship for a period of:
i. 3 months from date of dispatch for consumable, single use products; and
ii. 12 months from date of dispatch for multi use equipment products.
b. Warranty will be determined by Company and the right to repair or replace the product. Goods returned for warranty will not be accepted without a Return Goods Authority (RGA) which can be obtained prior to dispatch to Company from our Customer Service Centre.
c. Except as required by law, no other warranty, express or implied is given.
d. The following statement applies only to Product sales that fall within the definition of a Consumer Sale as set out in the Australian Consumer law contained within the Competition and Consumer Act (Cth) 2012 (“Law”):
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably 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. This warranty is in addition to other rights and remedies of the customer under Australian law.
e. Notwithstanding the previous clause, Company’s liability is limited, to the extent permissible by law and at Company’s option to;
i. in relation to the Products:
(a) the replacement of the Products or the supply of equivalent products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or of acquiring equivalent products; or
(d) the payment of the cost of having the Products repaired.
ii. Where the Products are services:
(a) the supply of service again; or
(b) the payment of the cost of having the services supplied again.
6. Laws applicable
Unless otherwise agreed in writing, these Terms are governed by the laws of NSW, Australia.
7. Payment/Credit terms
Shipment of Product purchased on-line will only occur when the purchase has been successfully processed through the Company’s on-line secure payment gateway. There will be no credit extended for on-line purchases.
8. Returns of Product
Subject always to the Law, no Product will be accepted for return for credit or warranty without the prior approval of Company. Returns will only be accepted where this notification has occurred within 7 days of receipt of the Product or 30 days from dispatch of the Product from Company works, whichever is the sooner. Products must be returned in original packaging and in saleable condition at the consumer's expense unless faulty.
9. Personal Property Securities Act (“PPSA”)
Defined terms in this clause have the same meaning as given to them in the PPSA.
a. Company and the customer acknowledge that these Terms constitute a Security Agreement and entitle the Company to claim:
i. a Purchase Money Security Interest (“PMSI”) in favour of Company over the Collateral supplied or to be supplied to the customer as Grantor pursuant to these Terms; and
ii. a security interest over the proceeds of sale of the Collateral referred to in (i) as original collateral.
b. The Products supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the customer pursuant to these Terms.
c. The Proceeds of sale of the Collateral referred to in clause 12 a. falls within the PPSA classification of “Account”.
d. Company and the customer acknowledge that Company, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to customer pursuant to these Terms and in the relevant Proceeds.
e. To the extent permissible at law, the customer:
i. waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the customer to Company.
ii. agrees to indemnify Company on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the:
(a) registration or amendment or discharge of any Financing Statement registered by or on behalf of Company; and
(b) enforcement or attempted enforcement of any Security Interest granted to Company by the customer;
f. agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;
g. agrees to waive its right to do any of the following under the PPSA:
i. receive notice of removal of an Accession under section 95;
ii. receive notice of an intention to seize Collateral under section 123;
iii. object to the purchase of the Collateral by the Secured Party under section 129;
iv. receive notice of disposal of Collateral under section 130;
v. receive a Statement of Account if there is no disposal under section 132(4);
vi. receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
vii. receive notice of retention of Collateral under section 135;
viii. redeem the Collateral under section 142; and
ix. reinstate the Security Agreement under section 143.
h. All payments received from the customer must be applied in accordance with section 14(6)(c) of the PPSA.
10. Change of Specifications
Product specifications are subject to change without notice.
11. Changes to Terms
Company reserves the right to amend these Terms from time to time