Terms and Conditions
Terms and Conditions
This Standard Terms and Conditions Agreement ('Agreement') contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Ausmedi, or any of its subsidiaries. By accepting delivery of the product purchased from Ausmedi and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Ausmedi. These terms and conditions are subject to change without prior written notice at any time, at Ausmedi's sole discretion.
a. "We", "us" and/or "our" means Ausmedi.
b. "You" or "your" means the individual or entity named on the invoice.
2. Payment Terms; Orders; Interest. Advertised prices are in Australian Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are at Ausmedi's sole discretion, and unless otherwise agreed to in writing by Ausmedi, payment must be received by Ausmedi before Ausmedi’s acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. Ausmedi may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3. Shipping and Title. Ausmedi will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when Ausmedi delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify Ausmedi of missing or damaged items in your order within five (5) days after you receive your product.
4. Return Policy. 7-day Money Back Guarantee; In addition to the standard warranty, Ausmedi offers a 7-day money back guarantee on every item. If you are not satisfied with your item, you may return it within 7 days for a refund. The refund will only be issued for the amount of the sale and will not include shipping costs or any accessories. All items will be subject to a 20% restocking fee. Cancellation and Return Policy is not applicable to business to business transactions and multi-purchase orders (3 or more). Please call the Ausmedi customer service department and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. All sales on masks, cushions and accessories are final if packaging has been opened. No refunds are available on any accessory items at any time. Ausmedi may, from time to time, at its sole discretion issue refunds for accessory items, however any refund is subject to Ausmedi's standard return policy whereby a 20% restocking fee is applicable and the item must be returned within 7 days.
5. Limitation of Liability. AUSMEDI DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. AUSMEDI WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILTY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, AUSMEDI IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
6. Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale.
7. Miscellaneous Provisions. You will not register or use any Internet domain name that contains an Ausmedi trademark or trade name (i.e., Ausmedi) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of Australia, without regard to conflicts of laws principles.