Terms and Conditions Australia
These Terms and Conditions of Supply (Terms and Conditions) apply to any and all products and services supplied by or on behalf of Coastcare Medical Equipment Hire & Sales Pty Ltd (Coastcare Medical Equipment Hire & Sales) to the customer identified overleaf, notwithstanding anything that may be stated to the contrary in Customer’s enquiries, on Customer’s orders or in Customer’s terms and conditions, save that where Customer and Coastcare Medical Equipment Hire & Sales have entered into a separate agreement for the supply of products and services the terms of that agreement will apply.
1 Price and Payment
1.1 Customer agrees to pay the prices stated for the products and services. Unless otherwise specified, the prices do not include the costs of insurance. Goods and services tax which shall be payable by Customer will be included in Customers Invoice where applicable.
1.2 Customer must pay for the amount invoiced for the products and services within thirty (30) days of Coastcare Medical Equipment’s invoice. Thirty (30 ) day payment terms only apply where a Customer has successfully been assessed and permitted a credit limit, in all other cases the Customer must pay for the amounts invoiced- prior to receiving goods or services.
1.3 Unless Coastcare Medical Equipment Hire & Sales otherwise agreed in writing, if Customer does not pay any amount invoiced by the due date, then in addition and without prejudice to any rights or remedies available to Coastcare Medical Equipment Hire & Sales:
(a) Coastcare Medical Equipment Hire & Sales reserves the right to impose administration fees in certain circumstances. These fees may apply when Coastcare is required to commence debt collection services due to late or non-payment of invoices or for other administrative tasks as determined by Coastcare.
- Notification of Administration Fees: In the event that administration fees are to be imposed, Coastcare will provide written notice to the relevant party. This notice will include details of the fees, the reason for their imposition, and any relevant deadlines or payment instructions.
- Debt Collection Services: Administration fees may be incurred when Coastcare is required to engage the services of a debt collection agency or take legal action to recover outstanding debts. These fees are intended to cover the costs associated with such actions, including but not limited to, administrative expenses, legal fees, and collection agency fees.
- Fee Calculation: The amount of the administration fees will be determined by Coastcare, taking into consideration the actual costs incurred as a result of the debt collection or administrative tasks. The specific amount will be communicated in the written notice provided to the relevant party.
- Payment of Administration Fees: The administration fees must be paid by the party against whom the fees are imposed within the specified timeframe stated in the notice. Failure to pay the administration fees within the stated timeframe may result in additional fees or penalties as outlined in our payment terms.
- Disputes and Refunds: If the relevant party believes the imposition of administration fees is unjust or unwarranted, they may submit a dispute in writing to Coastcare. Coastcare will review the dispute and may, at its discretion, waive or modify the administration fees. Refunds of administration fees already paid will be considered on a case-by-case basis.
- Modifications and Amendments: Coastcare reserves the right to modify or amend these administration fee terms and conditions at any time. Any changes will be communicated to the relevant parties in writing, and the modified terms will apply to all administration fees imposed after the effective date of the modification or amendment.
(b) all amounts invoiced to or owing by Customer will become immediately due and payable;
(c) Coastcare Medical Equipment Hire & Sales reserves the right to withhold any or all products and services including any service reports, testing results or other services or documentation;
(d) Coastcare Medical Equipment Hire & Sales may enter into Customer’s premises and take back any products and Equipment supplied by or on behalf of Coastcare Medical Equipment Hire & Sales and to the maximum extent permitted by law, Coastcare Medical Equipment Hire & Sales accepts no liability whatsoever in connection with its performance or non-performance of its obligations under these Terms and Conditions.
1.4 If Customer does not pay any amount by the due date, Customer will be liable for all costs reasonably incurred by Coastcare Medical Equipment Hire & Sales in connection with any debt recovery, legal proceedings or other action taken by Coastcare Medical Equipment Hire & Sales to enforce payment. The amount of such costs will be added to Customer’s account and will form part of the principal debt.
1.6 Coastcare Medical Equipment Hire & Sales may, at its discretion, suspend credit to Customer without notice at any time.
2 Delivery
2.1 Coastcare Medical Equipment Hire & Sales will use its reasonable endeavours to deliver the products and services to Customer in accordance with any agreed delivery requirements, but time of delivery shall not be of the essence and Coastcare Medical Equipment Hire & Sales will have no liability to Customer (whether for loss or damage or otherwise) if, notwithstanding such endeavours, there is a delay in delivery. If the products and services are not delivered in accordance with any delivery requirements, Customer is not relieved from its obligations to purchase and pay for the products and services.
2.2 In addition to any other rights and remedies available to it, Coastcare Medical Equipment Hire & Sales will be entitled to withhold delivery of any products and services, cancel any order for products and services or discontinue supplying products and services to Customer until such time as any amounts due and owing by Customer to Coastcare Medical Equipment Hire & Sales are paid.
2.3 Customer agrees to be bound by Coastcare Medical Equipment Hire & Sales’s Freight Policy outlined in clause 8 (and as communicated to Customer from time to time) and to pay any charges set out in the Freight Policy as and when required.
2.4 Customer must inspect the products immediately after delivery. Subject to clause 6.2(a) and to the full extent permitted by law, any products returned by Customer to Coastcare Medical Equipment Hire & Sales will be handled in accordance with Coastcare Medical Equipment Hire & Sales’s Returns Policy communicated to Customer from time to time. Any products not so returned will be deemed to be accepted by Customer. All returns are to be notified within 14 days of receipt of goods.
3 Risk
3.1 Unless otherwise agreed by Coastcare Medical Equipment Hire & Sales in writing, the risk of loss and damage to products passes to Customer on delivery to Customer or to Customer’s carrier or agent, whichever occurs earlier.
4 Equipment
4.1 Coastcare Medical Equipment Hire & Sales may provide equipment to Customer for Customer’s use (Equipment). All Equipment remains at all times the sole and exclusive property of Coastcare Medical Equipment Hire & Sales in accordance with clause 5. Any software and documentation provided by Coastcare Medical Equipment Hire & Sales with the Equipment remains at all times the sole and exclusive property of Coastcare Medical Equipment Hire & Sales and must only be used by Customer for purposes authorised by Coastcare Medical Equipment Hire & Sales.
4.2 Subject to clause 4.4 and for so long as only Coastcare Medical Equipment Hire & Sales’s products are dispensed in conjunction with the Equipment, Coastcare Medical Equipment Hire & Sales will provide service to maintain the Equipment in useable condition whenever Coastcare Medical Equipment Hire & Sales considers it necessary, at no charge to Customer, and shall repair or replace Equipment worn or damaged through normal use.
4.3 To the full extent permitted by law, Coastcare Medical Equipment Hire & Sales shall not be liable to Customer for any damages in relation to the supply or failure to supply or performance of the Equipment. Customer acknowledges that the Equipment is designed for use with Coastcare Medical Equipment Hire & Sales products. Coastcare Medical Equipment Hire & Sales shall not be responsible for any damage to the Equipment or Customer’s goods caused by use of any other products with the Equipment.
4.4 While the Equipment remains at Customer’s premises, or otherwise in Customer’s possession or under its control:
(a) Customer bears all risk of loss, theft, damage and destruction of the Equipment, excepting normal wear and tear;
(b) Customer must keep the Equipment clean, take all reasonable steps to prevent it from deterioration and comply with all directions of Coastcare Medical Equipment Hire & Sales regarding use of the Equipment;
(c) if the Equipment is lost, stolen, damaged or destroyed (including by use of non-Coastcare Medical Equipment Hire & Sales products with the Equipment), excepting normal wear and tear, Customer will reimburse Coastcare Medical Equipment Hire & Sales, at Coastcare Medical Equipment Hire & Sales election, for any repairs to or replacement of the Equipment or part thereof or for the reduction in value of the Equipment;
(d) Customer must comply with all other reasonable directions given by Coastcare Medical Equipment Hire & Sales in relation to the Equipment;
(e) Customer must not remove or in any way interfere with or modify the Equipment without the prior written consent of Coastcare Medical Equipment Hire & Sales; and
(f) Customer must notify Coastcare Medical Equipment Hire & Sales of any change in ownership, control or disposal of its business.
(g) If a customer disregards this condition of hire and uses any of the hired items for national or international air travel, which increases the risks of damage or loss, Coastcare reserves the right to charge fees for the replacement of lost or damaged items. We also retain the right to decide not to permit the customer to hire from us in the future.
4.5 Coastcare Medical Equipment Hire & Sales may replace the Equipment at any time without prior notice to Customer. Customer agrees that Coastcare Medical Equipment Hire & Sales has the right to enter Customer’s premises at all reasonable times to view, repair or replace the Equipment.
4.6 Customer must promptly return Equipment to Coastcare Medical Equipment Hire & Sales, or permit Coastcare Medical Equipment Hire & Sales to collect the Equipment, on written notice from Coastcare Medical Equipment Hire & Sales or upon termination of supply by Coastcare Medical Equipment Hire & Sales to Customer. Equipment must be returned in the same condition as received by Customer, ordinary wear and tear excepted.
5 Retention of Title and PPSA
5.1 Title to:
(a) products purchased by the Customer will not pass to Customer until Coastcare Medical Equipment Hire & Sales has received payment in full of the price for all products supplied by Coastcare Medical Equipment Hire & Sales to Customer and any other money owing by Customer to Coastcare Medical Equipment Hire & Sales; and
(b) any Equipment provided to Customer by Coastcare Medical Equipment Hire & Sales in accordance with clause 4 will remain property of Coastcare Medical Equipment Hire & Sales at all times.
5.2 Customer acknowledges and agrees that where Coastcare Medical Equipment Hire & Sales retains title to the products and Equipment:
(a) Customer holds the products and Equipment as fiduciary agent and bailee of Coastcare Medical Equipment Hire & Sales;
(b) Customer may use the products and Equipment only in the ordinary course of its business, and may not otherwise deal in any of them; and
(c) the products and Equipment must at all times be properly stored, protected and insured so as to enable them to be identified as property of Coastcare Medical Equipment Hire & Sales.
5.3 If:
(a) Customer exceeds any credit limit specified by Coastcare Medical Equipment Hire & Sales from time to time;
(b) execution is to be levied against the products or Equipment; or
(c) Customer becomes insolvent, has a receiver or administrator appointed over all or any part of its assets, enters into any arrangement or composition with its creditors or enters into liquidation, or is otherwise unable to pay its debts when due, to the extent that Coastcare Medical Equipment Hire & Sales retains title in the products and equipment, Coastcare Medical Equipment Hire & Sales has by itself or by its agent the unrestricted right to enter Customer’s premises, or the premises of any related body corporate or agent where products are located, without liability for trespass or any resulting damage, and to re-take possession of products and Equipment and keep or dispose of them.
6 Warranties and Limitation of Liability
6.1 Warranties. Please refer to our warranty policy for further information. Warranties are specific and unique to each product.
6.2 Limitation of Liability.
(a) The limitations on Coastcare Medical Equipment Hire & Sales’ liability in these Terms and Conditions are made to the extent permitted by law. Nothing in these Terms and Conditions restricts the effect of any warranties or conditions
which may be implied by law or any other rights or remedies which cannot be excluded, restricted or modified. Subject to those laws, to the extent to which Coastcare Medical Equipment Hire & Sales is entitled to do so, its liability under such implied conditions or warranties or other rights or remedies will be limited.
7 Force Majeure
Without prejudice to any other provisions herein, Coastcare Medical Equipment Hire & Sales shall not be liable for any delay in performance or failure to perform any of its obligations, if such performance is prevented, restricted or affected by a force majeure event or any other cause beyond Coastcare Medical Equipment Hire & Sales’s control.
8 Freight Charges
8.1 Coastcare Medical Equipment Hire & Sales quotes customer prices inclusive of freight based on compliance with Coastcare Medical Equipment Hire & Sales’s Freight Policy, as communicated to Customer from time to time. Coastcare Medical Equipment Hire & Sales will, however, pass on the cost of freight to Customer for deliveries outside of the terms of Coastcare Medical Equipment Hire & Sales’s Freight Policy. This will be done on a cost-recovery basis only.
8.2 Details of the freight charges and the circumstances in which these will be charged to Customer are set out in Coastcare Medical Equipment Hire & Sales’s Freight Policy. Orders for products outside of the terms of Coastcare Medical Equipment Hire & Sales’s Freight Policy may be subject to additional charges:
(a) Rush Order Charge – Customer will be charged a Rush Order Charge if Customer requests delivery of products outside of Coastcare Medical Equipment Hire & Sales’s prescribed delivery timelines.
9 Miscellaneous
9.1 These Terms and Conditions can only be altered, varied or added to by prior written approval of an authorised representative of Coastcare Medical Equipment Hire & Sales. Coastcare Medical Equipment Hire & Sales reserves the right to change its Terms and Conditions at any time. Any amendments to these Terms and Conditions shall apply to all orders accepted by Coastcare Medical Equipment Hire & Sales after such amendments have been notified to the Customer.
9.2 The parties are independent contractors and these Terms and Conditions are not intended to create any partnership, trust or agency relationship.
9.3 Customer may not assign or transfer, in whole or part, its rights and obligations under these Terms and Conditions without the prior written consent of Coastcare Medical Equipment Hire & Sales. Customer agrees that Coastcare Medical Equipment Hire & Sales may assign its rights and novate its obligations under these Terms and Conditions to an Coastcare Medical Equipment Hire & Sales parent, subsidiary or affiliate (Assignee) by providing 14 days written notice to Customer without further documentation. On and from the time of assignment and novation:
(a) Assignee will be treated as if it were the original contracting party in place of Coastcare Medical Equipment Hire & Sales; and
(b) Customer releases Coastcare Medical Equipment Hire & Sales from its rights and obligations under these Terms and Conditions and all claims, actions, demands, proceedings and liability which Customer may have or claim to have or might have had against Coastcare Medical Equipment Hire & Sales in connection with these Terms and Conditions. Customer must at the request of Coastcare Medical Equipment Hire & Sales do anything necessary or desirable to give full effect to this clause 9.3. Business Ownership Change:
(c) In the event that the ownership of the business is transferred or changes hands, we kindly request that the following information be provided to us promptly:
1 Contact Information: The contact details of the new owner(s), including name, address, telephone number, and email address.
2 Legal Documentation: Copies of any legal documentation relating to the ownership change, such as purchase agreements, transfer of ownership documents, or any other relevant contractual agreements.
3 Effective Date of Change: The effective date on which the change in ownership officially takes place.
By providing us with the above information, you enable us to maintain accurate records and ensure effective communication with the new owner(s). We respect the privacy of all parties involved, and any information provided will be treated in accordance with our privacy policy.
Please note that failure to provide the requested information may result in delays or disruptions in our business relationship with the new owner(s). We appreciate your cooperation in this matter.
9.4 The provisions of these Terms and Conditions are binding upon and inure to the benefit of each party’s respective successors or permitted assigns.
9.5 If any provision of these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable in any jurisdiction, it is to be read down and severed in that jurisdiction to the extent that it is unlawful, invalid or unenforceable, and the validity and enforceability of the remaining provisions shall not be thereby affected.
9.6 If at any time Coastcare Medical Equipment Hire & Sales does not enforce any of these Terms and Conditions or grants Customer time or other indulgence, Coastcare Medical Equipment Hire & Sales shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.
9.7 These Terms and Conditions are governed by the laws of State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that State.