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.
1. Definitions.
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.