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Terms and Conditions

Introduction

This website ("Site") is owned and operated by Team Medical Supplies Pty Ltd (ACN 150 132 504) trading as Team Medical Supplies. (collectively "we, us").

These Terms of Use ("Terms") govern the relationship between you, the user of the Site, and us that arises from you agreeing to purchase goods or services from us.  These Terms are a binding contractual agreement between you and us.

Your general use of our website is governed by a separate set of terms and conditions, which can be accessed at the following website: https://www.teammed.com.au/terms-and-conditions

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you purchase any goods or services from us. You can contact us on 1300 22 44 50.

By using the Site to purchase goods or services from us, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Operative part

1        Definitions

Unless otherwise indicated, where the following words are used in these Terms they will have the following meanings:

1.1     A “Business Day” is a day other than a Saturday, Sunday, or a public holiday in New South Wales.

1.2     “Cold Chain Products” mean Products that are required, by their general characteristics, to be delivered by a cold chain.

1.3     “Delivery Address” means the address that you have nominated as part of your Order as being the address to which you direct us to deliver the Products, and must be within Australia or New Zealand.

1.4     “Delivery Date” means, in relation to any or all Products, the date on which those Products are delivered or otherwise left at your Delivery Address, regardless of whether you actually receive them personally.

1.5     “Dispatch” of Products to you is deemed to take place when they are collected from our premises by an external courier for delivery to your Delivery Address, regardless of whether that external courier is chosen by you or by us.

1.6      “Order” means your request for us to supply you with particular goods or services.

1.7     “Products” means the products you have purchased in this order.

1.8     “Terms” means these terms and conditions.

1.9     “Site” means this website, home page: www.teammed.com.au.

1.10“We” or “us” means Team Medical Supplies Pty Ltd (ACN 150 132 504) trading as Team Medical Supplies.

1.11“Written Notice” means a written notice delivered in a manner provided for by clause ‎11of these Terms.

1.12“You” means the person or company who is buying the Products, and in the absence of any other agreement, means the person whose name is entered in the Order/Delivery Details.

2        Prices listed on the Site

All prices listed on the Site:

2.1     are expressed in Australian dollars;

2.2     are exclusive of Goods and Services Tax (if applicable);

2.3     are exclusive of any freight charges that may be payable by you pursuant to clauses ‎5or ‎6of these Terms; and

2.4     are indicative only, and therefore subject to change

3        Payment on credit terms

3.1     This clause applies if, at the time you submit your Order, we have agreed to supply goods or services to you on credit terms.

3.2     This clause applies subject to the terms of any agreement we have with you to supply goods and services on credit.  Where there is inconsistency between this clause and our credit terms, the credit terms will prevail to the extent of that inconsistency.

3.3     All payments (inclusive of GST and any freight charges that apply pursuant to these terms) must be made within 30 days after we issue our invoice to you.

3.4     Payments may be made by Electronic Funds Transfer (EFT), credit card, or cheque.

3.5     No credit card surcharge will apply if payment is made within 30 days after we issue our invoice to you.  However, a surcharge of 1.5% will apply to all credit card payments made after that date.

Note:   EFT payments may be made to the following account:

            Account name:            Team Medical Supplies

            BSB:                           063-104

            Account number:        10437452

Note:   Cheques should be made payable to Team Medical Supplies and sent to the following address:

            PO Box 6245, Dural DC, NSW 2158

Note:   We only accept American Express, Visa, and MasterCard credit cards.

4        Payment otherwise than on credit terms

4.1      This clause applies if, at the time you submit your Order, we have not agreed to supply goods or services to you on credit terms.

4.2     All payments (inclusive of GST and any freight charges that apply pursuant to these terms) must be made by credit card at the time of checkout.

4.3     No credit card surcharge will apply.

5        Delivery and availability of general Products

5.1     This clause applies to Products that are not Cold Chain Products.

5.2     Subject to sub-clause ‎5.7below, if your Order totals more than $250.00 (excluding GST) and your Delivery Address is within the Sydney, Melbourne, Brisbane, or Adelaide metropolitan areas, then we will deliver the Products to that address by external courier at our cost.

5.3     Subject to sub-clause ‎5.7below, if your Order totals less than $250.00 (excluding GST) and your Delivery Address is within the Sydney, Melbourne, Brisbane, or Adelaide metropolitan areas, then we will deliver the Products to that address by external courier, and you agree to pay us a handling charge of $10.00  (excluding GST).

5.4     If your Delivery Address is outside a nominated metropolitan area and, subject to clause ‎5.7below, you can give us Written Notice of your appointed external courier.  If you notify us of such a courier before, or at the same time as, you place your Order, we will arrange for your chosen courier to take delivery of the Products at your cost.  If you do not notify us of such a courier at the time you place your Order, we will deliver the Products to your delivery address using an external courier of our choosing, and you agree to pay all freight charges.

5.5     Regardless of the other sub-clauses of this clause ‎5, if your Order includes Products that are heavy, large, or sensitive (such as furniture imaging equipment), then you will be required to pay all freight charges.  If you do order such Products, then we will contact you regarding those freight charges prior to Dispatching the Products[TV1] .

5.6     By accepting these Terms, you irrevocably appoint the external courier (including a courier chosen by us) to be your agent for taking delivery of the Products on your behalf and delivery to the external courier shall be deemed to be delivery to you.

5.7     Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery of the Products to the external courier, and/or upon written acceptance of delivery of Products from our internal delivery service.

5.8     The delivery of any Products is subject to availability. We will give you Written Notice if any Products are not available at the time of Order.

5.9     You agree not to hold us liable or to have breached these Terms by reason of any damage to Products or delay in their delivery, if the delay was caused by anything beyond our reasonable control including, without limitation, anything by or on behalf of an external courier.

Note:   Please contact us directly if you have a queries regarding about a delivery delay. Please allow for 24-36 hour delivery service within a Metropolitan area, or 48 hours outside a Metropolitan area, before following us up with a delivery query.

Note:   ‘Metropolitan areas’ are defined by our courier companies.

6        Delivery and availability of Cold Chain Products

6.1     This clause applies to Products that are Cold Chain Products.  Unless otherwise stated, the use of the term ‘Products’ in this clause ‎6refers to ‘Cold Chain Products’.

6.2     We will invoice and arrange delivery of all Cold Chain Products separately to other Products.

6.3     Subject to sub-clause ‎6.8below, if your Order totals more than $500.00 (excluding GST) and your Delivery Address is within the Sydney, Melbourne, Brisbane, or Adelaide metropolitan areas, then we will deliver the Products to that address by external courier at our cost.

6.4     Subject to sub-clause ‎6.8below, if your Order totals less than $500.00 (excluding GST) and your Delivery Address is within the Sydney, Melbourne, Brisbane, or Adelaide metropolitan areas, then we will deliver the Products to that address by external courier, and you agree to pay us a handling charge of:

6.4.1         $15.00 (plus GST) if, at the time you submit your Order, we have agreed to supply goods or services to you on credit terms; or

6.4.2         $20.00 (plus GST) if, at the time you submit your Order, we have not agreed to supply goods or services to you on credit terms.

6.5     If your Delivery Address is outside a nominated metropolitan area and, subject to sub-clause ‎6.8below, you can give us Written Notice of your appointed external courier.  If you notify us of such a courier before, or at the same time as, you place your Order, we will arrange for your chosen courier to take delivery of the Products at your cost.  If you do not notify us of such a courier at the time you place your Order, we will deliver the Products to your delivery address using an external courier of our choosing, and you agree to pay all freight charges.

6.6     Regardless of the other sub-clauses of this clause ‎6, if your Order includes Products that are heavy, large, or sensitive (such as furniture imaging equipment), then you will be required to pay all freight charges.  If you do order such Products, then we will contact you regarding those freight charges prior to Dispatching the Products.[TV2]

6.7     By accepting these Terms, you irrevocably appoint the external courier (including a courier chosen by us) to be your agent for taking delivery of the Products on your behalf and delivery to the external courier shall be deemed to be delivery to you.

6.8     Risk of loss or damage to, and title to, the Products shall pass to you at the time of delivery of the Products to the external courier, and/or upon written acceptance of delivery of Products from our internal delivery service.

6.9     The delivery of any Products is subject to availability. We will give you Written Notice if any Products are not available at the time of Order.

6.10You agree not to hold us liable or to have breached these Terms by reason of any damage to Products or delay in their delivery, if the delay was caused by anything beyond our reasonable control including, without limitation, anything by or on behalf of an external courier.

Note:   Please contact us directly if you have a queries regarding about a delivery delay. Please allow for 24-36 hour delivery service within a Metropolitan area, or 48 hours outside a Metropolitan area, before following us up with a delivery query.

Note:   ‘Metropolitan areas’ are defined by our courier companies.

7        Right to Cancel Order

7.1     You may cancel your Order, and terminate your contract with us, by sending us a Written Notice to that effect, but only if:

7.1.1         your Order does not require us to source the Products especially for you; and

7.1.2         we have not yet Dispatched the Products to you.

7.2     We may cancel your Order, and terminate your contract with us, by sending you a Written Notice, if you have breached these Terms in any way.

8        Inspection and returns

8.1     This clause has effect subject to any contrary law that is not otherwise excluded by these Terms.

8.2     You must inspect the Products as soon as is reasonably practicable after delivery.

8.3     If any or all of the Products delivered were damaged, defective, or incorrect when delivered, then you must give us Written Notice of that fact within 3 Business Days after the Delivery Date.

8.4     If you provide Written Notice in accordance with sub-clause ‎8.3above, we may require you to return the relevant Products to us for our inspection.  If we require you to do so, then we will reimburse you for your reasonable costs of returning them only if we later agree that the relevant Products were damaged, defective, or incorrect.[TV3]

8.5     If you provide Written Notice in accordance with sub-clause ‎8.3above, and you establish to our reasonable satisfaction that any or all of the relevant Products were delivered in a damaged or defective condition, your sole remedy shall be limited (as we may elect) to us offering to:

8.5.1         replace the relevant Products; or

8.5.2         refund to you of the purchase price by the issue of a credit note or a credit card account refund against return of the Products.

8.6     If you provide Written Notice in accordance with sub-clause ‎8.3above, and you establish to our reasonable satisfaction that we delivered the incorrect Product to you, then we will offer to replace that Product with the correct Product at our cost.[TV4]

8.7     If we offer to give you a refund or replacement under either sub-clause ‎8.5or ‎8.6above, then you must accept that offer by returning the relevant Products to us in their original condition and packaging.  If you do not do so, then we may revoke our offer of a replacement or refund by giving you Written Notice of that revocation.

8.8     If we accept any return, then we will give you a Return Goods Authorisation number.  You must include that number with the relevant Products when you return them, so that we can match the goods with the relevant entries in our systems.

8.9     If you fail to give Written Notice in accordance with sub-clause ‎8.3above, the Products shall be conclusively presumed to be in all respects in accordance with your Order and free from any defects that would be apparent on reasonable examination, and you shall be deemed to have accepted the Products accordingly.

8.10Regardless of anything otherwise provided for in this clause ‎8, if you have an issue with Products that we sourced specifically for you, we will only accept returns if those specifically sourced Products are defective.

8.11Any warranty claims for defective Products will be dealt with in accordance with the manufacturers policy or applicable legislation.  Including, if we are the ‘sponsor’ of the relevant product for the purposes of the Therapeutic Goods Act 1989 (Cth), the Uniform Recall Procedure for Therapeutic Goods issued by the Therapeutic Goods Administration.

9        Exclusion of liability

9.1     We warrant to you that all Products are approved for sale in Australia and/or New Zealand.  Save where otherwise expressly provided in these Terms, or implied by legislation not excluded by these Terms, we give you no other warranty as to any quality or condition of any Products delivered to you.

9.2     To the extent permitted by law, any condition or warranty that may be implied or otherwise read into this contract (including, without limitation, any condition or warranty imposed by the Sale of Goods Act 1923 (NSW) and its equivalents in other jurisdictions) is hereby excluded.

9.3     Regardless of such exclusion, if you are a consumer within the meaning of the Australian Consumer Law then you may stil be entitled to the benefit of consumer guarantees imposed under that legislation.

9.4     If such legislation applies then, to the extent possible, we limit our liability in respect of any claim to, at our option:

9.4.1         in the case of goods:

(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 of acquiring
       equivalent goods; or

(d)              the payment of having the goods repaired, and

9.4.2         in the case of services:

(a)       the supply of the services again; or

(b)the payment of the cost of having the services supplied again.

10    Entire Agreement

10.1      Each order, Acceptance of each order and supply of Products by BP Medical pursuant to an order shall be governed by these Terms. These Terms constitute the entire agreement between you and BP Medical in relation to any Products ordered and supplied through the Website.

10.2      All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of Products. To the extent permitted by law, nothing contained in any such description, illustration or indication of price shall form any part of these Terms.

11    Delivery of Written Notices

11.1      You can give us a Written Notice by sending it to us by email or fax.

11.2      Our contact details for giving us written notices are as follows:

11.2.1     Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

11.2.2     Fax: 1300 224 460

11.3      We can give you a Written Notice by sending it to you by email or fax, at the email address or fax number nominated by you as part of your Order.

11.4      A Written Notice given to a person by email is deemed to have been given at the time the message enters the intended recipient’s email server, as evidenced by the date and time stated on an automatically generated delivery receipt.

11.5      A Written Notice given to a person by fax is deemed to have been given at the time of successful transmission, as evidenced by the date and time stated on an automatically generated transmission report.

11.6      Notices that are, by reason of sub-clauses ‎11.4and ‎11.5above, given after 4.00pm (AEST/AEDT, as applicable at the date of order) are deemed to have been given on the next Business Day after the date evidenced on the delivery receipt or transmission report.

12    General

12.1      You represent and warrant to us that you have the legal capacity to enter these Terms.

12.2      We do not sell Products for purchase by children. If you are under 18, you may place an Order only if your parent or guardian has authorised you to do so.

12.3      You must not transfer, assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.

12.4      If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

12.5      Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

12.6      This Agreement is governed by the laws of New South Wales and each party submits to the exclusive jurisdiction of the courts of New South Wales.

12.7      Unless expressly stated, nothing in these Terms constitutes a transfer, assignment, or licence of any intellectual property rights. You acknowledge and agree that, as between you and us, we own any and all intellectual property rights in the Site.

13    Privacy

13.1      We are regulated by the Australian Privacy Principles contained within the Privacy Act 1988. BP Medical will not obtain or use any information you provide in a manner inconsistent with those principles. We will only ask for and use personal information we reasonably need to conduct our business.

13.2      Our eCommerce system uses a secure transaction environment to ensure that your information is safe and secure at all times. The technology employed works by encrypting your information which you enter in on our webpages which prevents the information being intercepted by an unauthorised party.

13.3      For all Credit Card Transactions we use the Westpac Web Advantage Payment Gateway and all data is transmitted directly between your machine and Westpac. Therefore we do not store any payment details in our database.

13.4      If you have received any promotional material and you do not wish to receive it again please provide us with Written Notice of that fact, and we will cease sending any further promotional material.

13.5      Please refer to our Privacy Statement for further information.