The terms and conditions of sale contained herein apply to all quotations made and purchase orders entered by the Seller. These terms and conditions supersede and replace any terms and conditions attached to Buyer’s order and Seller’s acceptance is expressly conditional upon Buyer’s acceptance of these terms and conditions. No waiver, alteration, or modification of any of the provisions hereof shall be binding unless in writing, signed by a duly authorized representative of the Seller. In the event of a conflict between the provisions on the face of the acknowledgement or quotation which is annexed and made a part hereof, and these terms and conditions, then the terms and conditions on the face of the acknowledgement or quotation shall govern.
Acceptance of Order
All orders must be approved and accepted in writing by Seller at its office in Melbourne. The validity of this order, as well as its interpretation, operation and effect shall be determined exclusively by the principles of law in the State of Victoria.
Seller’s prices include GST at the current rate of 10% and delivery charges based on economic freight method. The prices specified are in Australian Dollars. Prices are subject to change without notice.
Terms of Payment
All online orders on Medicservon .com are based on pre-payment. Accepted payment methods are provided when you checkout, namely, Credit Card (Visa, Mastercard, Amex) and PayPal and EFT.
Shipping dates are approximate only and subject to change. Delivery will be made to the address specified in your order, it is the buyer’s responsibility to provide the correct delivery address while ordering online and ensure a representative of the buyer is available when the delivery occurs. A contact telephone number (mobile number) is essential for the courier, for any clarification.
The seller’s responsibility is only to the point of delivery. If instructed to leave the parcel outside the seller will not accept responsibility for loss due to theft or damages.
If the Buyer desires insurance or valuation greater than the minimum on the shipment, he shall so notify the Seller over call prior to the scheduled shipment for a quote and the cost thereof shall be an additional charge to the Buyer.
If no such notice is received, shipment shall be made without insurance and at minimum valuation.
Sometimes, certain regions in Australia are considered remote by courier services, in such cases, additional delivery charges may be applicable, which will be confirmed by the seller on receipt of the order, and will be borne by the buyer. Priority, overnight or same day delivery are not offered in this service.
Average delivery days are 05 days not no longer than 10 days. If you still have not received your order please urgently contact on telephone : 0431 143 582 or email : email@example.com
The Seller shall not be liable for delays in delivery of failure to manufacture or deliver due to causes beyond the Seller’s reasonable control, including, but not limited to, acts of God, acts of the Buyer, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, obtaining necessary labour, materials, components or manufacturing facilities.
Acceptance of Goods and Services
Buyer shall inspect the goods delivered hereunder immediately upon their arrival and shall within two(2) days of their arrival give written notice to Seller of any claim that the goods do not conform with the terms of the contract.
If Buyer fails to give notice, the goods shall be deemed to conform, and Buyer shall be bound to accept the goods in accordance with the terms of the purchase from this site. Buyer expressly waives any rights he may have to revoke acceptance after such two (2) day period.
If the articles which are the subject hereof are to be produced according to Buyer’s specifications, Buyer agrees to indemnify Seller against, and hold harmless from all judgments, decrees, costs and expenses including fees resulting from any alleged infringements on any Australian or foreign letters patent.
Seller will provide commercial packaging adequate, under normal conditions, to protect the goods in shipment and to identify the contents. Any special packaging agreed to by Seller will be done at Buyer’s expense.
Designs, Specifications, Material Furnished by the Buyer
Seller assumes no responsibility for the performance of products manufactured to Buyer’s design or specifications nor for defects in raw material, parts, or sub-assemblies furnished by the Buyer or his agents.
Seller warrants that all items will be delivered free from defects in material and workmanship and in conformance with contractual requirements. Seller makes no other warranties, express or implied and specifically NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
The Seller’s exclusive liability for breach of warranty shall be limited to repairing or replacing at the Seller’s option items returned to Seller’s plant at Buyer’s expense within one year of the date of delivery. The Seller’s liability on any claim of any kind, including negligence, for loss or damage arising out of, connected with or resulting from this order, or from the performance or breach thereof or from the manufacture, sale, delivery, resale, repair or use of any item or services covered by or furnished under this order shall in no case exceed the price allocable to the item or service or part thereof which gives rise to the claim and in the event Seller fails to manufacture or deliver items other than standard products that appear in Seller’s catalogue. Seller’s exclusive liability and Buyer’s exclusive remedy shall be release of the Buyer from the obligation to pay the purchase price. IN NO EVENT SHALL THE SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES.
Buyer will take all appropriate measures to advise users and operators of the products delivered hereunder of all potential dangers to persons or property, which may be occasioned by such use. Buyer will indemnify and hold Seller harmless from all claims of any kind for injuries to persons and property arising from use of the products delivered hereunder. Buyer will, at its sole cost, carry liability insurance adequate to protect Buyer and Seller against such claims.
Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties to the agreement and not for the benefit of any other party. Any assignment of this order or any rights hereunder by the Buyer without written consent of the Seller shall be void.
Legal enforcement of all contracts between Seller and Buyer shall be governed by the law of the State of Victoria and the parties agree to submit to the jurisdiction of the courts in that state.
All Standard Catalogue Products offered by the Seller can be returned within 30 days of purchase and money will be refunded. This return policy does not apply to PPE, face masks and other products that are used to be in continuous contact with the user, which are treated as hygiene products/consumables. Since these products are used to protect from infections spread by droplets they will be treated as used and cannot be accepted for return.
Below conditions apply: –
The product is not damaged or missing components.
The product is unused and is in its original package.
The product has no design modifications.
25% processing fee for credit return.
Not a personal use item like PPE, face masks, breath shields and products that are used for protection from infection spread by droplets.
The Seller reserves the right to determine what is considered “Standard Catalogue Product” and apply an appropriate restocking charge.