Refund policy

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

1.2         You must inspect the Goods immediately upon Delivery and may only return the Goods if:

(a)           they do not materially comply with the Order; or

(b)           if permitted by law, including the ACL.

1.3         If any or all of the Goods 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.

1.4         If you provide Written Notice in accordance with clause 1.3 above:

(a)           we may require you to return the relevant Goods to us for our inspection and will reimburse you for your reasonable costs of returning them provided that, upon receipt of the returned Goods, we are satisfied that the relevant Goods were damaged, defective, or incorrect;

(b)           and you establish to our reasonable satisfaction that the relevant Goods were delivered in a damaged or defective condition, your sole remedy shall be limited (as we may elect) to us offering to:

(i)             replace the relevant Goods; or

(ii)            refund to you of the purchase price by the issue of a credit note or a credit card account refund against return of the Goods;

(c)            and you establish that we delivered the incorrect Good to you, we will offer to replace that Good with the correct Good at our cost.

1.5         If we offer to give you a refund or replacement pursuant to clause 1.4 above, you must accept that offer by returning the relevant Goods to us in their original condition and packaging within 14 days of receipt of our offer.

10.6         If we extend an offer for refund or replacement, we will issue you a Return Goods Authorisation number which must be referred to and included with the relevant Goods when you return them, so that we can match the Goods with the relevant entries in our systems.

1.7         If you fail to give Written Notice in accordance with clause ‎1.3 above, the Goods 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 Goods accordingly.

1.8         Regardless of anything otherwise provided for in this clause 1, if you have an issue with Goods that we sourced specifically for you, we will only accept returns if those specifically sourced Goods are defective.

1.9         Any warranty claims for defective Goods will be dealt with in accordance with the manufacturers policy or applicable legislation.

1.10     Under no circumstances will Cold Chain Goods be accepted for return unless they are damaged, defective or incorrect.  Short term expiry dates will be considered on a case by case basis.  A “short term expiry date” is an expiry date no longer than 6 months from date of invoice.

1.11      Freight charges applied on the original invoice may not be credited.

1.12      Team Medical Supplies reserves the right to charge freight, handling and/or restocking fees on all returns.

1.13      Under no circumstances will Buy In/Non-Returnable Goods be accepted for return unless they are damaged, defective or incorrect.  Short term expiry dates will be considered on a case by case basis.  A “short term expiry date” is an expiry date no longer than 6 months from date of invoice.

2.1         Provider details:  The warranty against defects (Warranty) contained in this clause 2 is provided by:

   Team Medical Supplies Pty Ltd

   2/167 Prospect Highway

   Seven Hills, New South Wales 2147

Australia

   Tel: +1 300 2244 50

2.2         Warranty:  Subject to clause 3.7, we warrant that the Goods supplied by us are supplied free from defects in material and workmanship.

2.3         Warranty Period:  The Goods are covered by this Warranty for a period of 12 months from the date of delivery unless otherwise stated in writing. If there is no Quote, the warranty period will depend on the Goods provided and will be stated to you in writing at the time the Goods are provided as well as in the invoice for the Goods provided.

2.4         Exclusions:  We will not be liable for:

(a)           loss or damage caused by factors beyond our control;

(b)           any Goods that have not been installed by us or maintained according to maintenance or care instructions;

(c)            any alterations or repairs to the Goods not performed by us or with our prior written consent;

(d)           damage or defects caused to the Goods due to unusual, non-recommended or negligent use of the Goods; or

(e)           loss or damage incurred in connection with transportation or delivery of the Goods.

2.5         Making a claim:  You must make a claim under this Warranty by providing us notice in writing to our address specified in clause 2.1 containing reasonable description of the defect in the Good(s).

2.6         Transport charges:  Subject to statutory rights:

(a)            you are liable for all transport charges incurred in returning defective components or parts for repair or replacement together with the cost of returning them to you;

(b)           an invoice for such transport charges will be provided upon returning the relevant Good(s) to you which will be payable in accordance with these Terms.

2.7         Replacement part warranty:  A replacement part supplied by us during the warranty period shall be covered by the warranty for the unexpired portion of the warranty period which covered the original Goods.

2.8         Regulation 90:  This Warranty against defects is provided in addition to other rights and remedies you may have at law.

(a)           Goods only:  Our Goods come with guarantees that cannot be excluded under the ACL.You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

3.1         ACL exception:  The exclusions and limitations in this clause 3 are subject to clause 13.

3.2         Excluded rights:  All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law.

3.3         Limitations: 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 Goods delivered to you and we will not be liable for:

In the case of Goods

(a)           alterations to Goods for which we are not responsible;

(b)           defects or depreciation caused by wear and tear, accidents, corrosion, dampness, abnormal conditions or effects;

(c)            damage or failure caused by unusual or non-recommended use, misuse or application of the Goods; or

(d)           loss caused by any factors beyond our control.

3.4         Indirect loss:  We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us (including breach, termination or non-observance of the terms of an Order or agreement which incorporates these Terms).

3.5         Total liability:  Our total liability for breach of these Terms or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:

(a)           the replacement of the Goods or the supply of equivalent goods;

(b)           the repair or rectification of the Goods;

(c)            the payment of the cost of replacing the Goods or of acquiring equivalent goods; or

(d)           the payment of the cost of the repair or rectification of the Goods.

3.6         No reliance:  You agree that:

(a)           you have and will make your own assessment of the fitness for purpose and suitability of any Goods supplied to you;

(b)           you do not and will not rely on our skill or judgment nor that of any person by whom any prior arrangements regarding the acquisition of any Goods were or will be made; and

(c)            you have not made nor will you make known to us or a manufacturer of goods (directly or indirectly) the particular purpose for which you acquire Goods.

3.7         Third party work:  If we obtain goods from a third party to carry out your instructions or complete an Order:

(a)           we will not be liable for any breach of these Terms if that breach is as a result of or is connected with the supply by a third party of such goods;

(b)           we acquire such goods as agent for you not as principal and will have no liability to you regarding the supply of these goods;

(c)            any claim by you regarding the supply of such goods must be made directly against that third party; and

(d)           you must pay for such goods from the third party.  You do not require us to account to you for any commissions or benefits we may receive from such a third party supplier in connection with the supply of such goods to you and authorise us to contract on your behalf as we think fit.

We give no warranty in respect of any goods that are supplied to you by a third party even where forming part of an Order.  Any warranties or other rights will be governed by the terms of supply by that provider to you and relevant laws.