Zone Medical Terms & Conditions | Medical Equipment Sales Policy

In consideration of Zone Medical Pty Ltd ABN 86 109 199 993 (the supplier) agreeing to supply goods and services to the Customer, the Customer agrees and accepts that these terms and conditions apply to all sales of goods, and all supplies of services, by the supplier to the Customer, to the exclusion of any conditions of sale appearing on any document of the Customer. In these Terms and Conditions of Sale, a reference to goods includes services where the context permits. The Customer further acknowledges that these Terms and Conditions of Sale constitute the entire agreement of the parties as to the supply of goods by the supplier, and may not be varied without the prior written agreement of the supplier. The supplier reserves the right to suspend or close credit facilities in breach of these Conditions, and advises that credit may be withdrawn should the authorised credit limit be exceeded.

(a) Property in any goods delivered to the Customer will not pass to the Customer until the later of: (i) payment in full for the goods; and (ii) payment in full of all moneys owing or unpaid by the Customer to the supplier, including moneys in respect of goods previously or subsequently supplied.

(b) Until property passes, the Customer must store the goods in a manner that shows clearly they are the property of the supplier, keep records of all use and sales of the goods, and keep the goods free from any charge, lien or other claim, and indemnifies the supplier against any such claim. The Customer has no right to charge or encumber the goods before payment.

(c) The Customer acknowledges that these Terms and Conditions of Sale create a security interest (including a purchase money security interest) in the goods and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA), and that the supplier may register that interest on the Personal Property Securities Register. The Customer must do anything the supplier reasonably requires to enable the supplier to register and perfect its security interest. To the extent permitted by the PPSA, the parties contract out of the provisions listed in section 115(1) of the PPSA, and the Customer waives its right to receive a verification statement under section 157 of the PPSA.

(d) Goods delivered to the Customer are at the Customer's risk from delivery.

(e) Notwithstanding paragraph (a), the Customer may on-sell the goods on commercial terms in the ordinary course of its business before payment, but in that case the Customer holds the proceeds of sale on trust for the supplier in a separate account and must account to the supplier for those proceeds on demand.

(f) If the goods are transformed into, mixed with, or affixed to other goods or objects, the supplier's security interest continues in the resulting product or mass to the extent of the amount owing to the supplier.

(g) If the Customer fails to pay the purchase price or any other debts to the supplier when due, or commits an act of bankruptcy or becomes insolvent, the supplier may, without prejudice to its other rights and remedies and to the extent permitted by law, recover and resell the goods, and may enter, at reasonable times, premises occupied by the Customer where the goods are kept for that purpose.

(h) The Customer is not entitled to return the goods, or refuse or delay payment, on the grounds that property in the goods has not yet passed.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or a refund, and to 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.

Nothing in this section excludes, restricts or modifies those rights. The exclusions, fees and time limits set out below apply only to returns for change of mind, incorrect ordering, or goods no longer being required. They do not apply to a valid claim under the consumer guarantees.

(a) The Customer is solely responsible for acceptance of orders and shall raise no claims for loss or damage to orders where those orders are, by the Customer’s prior arrangement, delivered to and left at unattended sites.

(b) Specifically procured, non-stocked items, consumable items, and items that have been opened, used, or had their sterile packaging broken, are not eligible for return for change of mind. Special Order Items are dealt with in paragraph (e) below. Requests for credit or return must be made within seven (7) days of the date of invoice, quoting the invoice number and date, and will not be accepted without our prior written approval. This paragraph applies to change of mind returns only and does not apply to goods that are faulty or not as described.

(c) Where you cancel an order before delivery, you must pay the cost of goods, labour and materials reasonably incurred by Zone Medical up to the date of cancellation, together with an administration fee reflecting our reasonable costs of processing the cancellation, up to a maximum of 30% of the order value. Where we have not yet incurred costs on the order, no administration fee applies. Special Order Items are dealt with in paragraph (e) below.

(d) Other than Special Order Items (see paragraph (e) below), we may at our discretion offer a credit or refund on unused goods returned in new condition and in their original unopened packaging, where those goods were incorrectly ordered or are no longer required. A restocking fee of 30% of the invoice value applies and return freight is at your cost. This paragraph applies to change of mind returns only.

(e) Special Order (Indent) Items. Special Order Items, also referred to as Indent Items, are goods that Zone Medical does not hold in stock and procures specifically to fulfil your order. This includes made to order, customised, configured, non catalogue and supplier direct items. A deposit or full payment may be required at the time of order, in which we will advise prior.

Once a Special Order Item has been ordered with Zone Medical, the order cannot be cancelled and the item is not eligible for return, exchange, credit or refund on the grounds of change of mind, incorrect ordering, or the item no longer being required. This applies whether or not the item has been delivered.

Nothing in this paragraph limits your rights under the Australian Consumer Law. Special Order Items carry the same consumer guarantees as any other goods we supply, and the remedies described at the start of this section apply in full if the item is faulty, or does not match its description.

(f) Where an item you have ordered becomes unavailable, we may offer a substitute product of equivalent specification, quality and value. We will notify you before supplying a substitute. If the substitute is not acceptable to you, you may cancel that part of your order and we will refund any amount already paid for it.

(g) Warranty claims are return to base. Where a claim is made under a manufacturer’s voluntary warranty, return freight is at your cost. Where goods fail to meet a consumer guarantee under the Australian Consumer Law, we will bear the cost of returning the goods to us, and no assessment, handling or restocking fee will be charged.

(h) We are not required to provide a refund, replacement or credit where you have simply changed your mind, found the item cheaper elsewhere, decided you no longer require the item, or ordered the wrong item. Your rights in respect of goods that are faulty, or not as described are set out at the start of this section and are not affected by this paragraph.

Unless otherwise agreed in writing the price of the goods shall be that price charged by the supplier at the date of order, plus any transportation, freight, postage, packaging, handling, insurance and goods and services tax (“GST”).

GST where applicable, will be charged at the appropriate rate ruling at the date of invoice.

(a) Payment for material, goods and services pursuant to this agreement including GST is due thirty (30) days from date of invoice unless otherwise stated in writing by the supplier. Payment is not deemed to be made until funds have been cleared.

(b) After the due date of payment, the supplier may charge interest on outstanding amounts payable, calculated on a daily balance, at a rate equal to the Reserve Bank of Australia cash rate target plus 6% per annum.

(c) The Customer must pay the supplier's reasonable costs actually incurred in connection with recovering overdue amounts or enforcing these Terms and Conditions of Sale, including reasonable legal costs, collection agency costs and court costs, together with the reasonable costs of preparing any credit, guarantee or security documentation required to provide credit to the Customer.

(d) Zone Medical does not apply a surcharge to credit card payments.

(e) Zone Medical Pty Ltd supplies medical equipment to medical professionals. Certain products may require a relevant prescription, or advice from a medical professional, before purchase. Please include your medical practice name with your order; orders without it may not be processed.

Where the Customer's business is sold, transferred or incorporated, the Customer remains liable for all debts incurred on this account until the supplier is notified in writing of the change. The supplier may require, as a condition of providing or continuing credit facilities, a signed guarantee from the directors or principals of the Customer in a form acceptable to the supplier.

(a) Nothing in these Terms and Conditions of Sale excludes, restricts or modifies any guarantee, condition, warranty, right or remedy conferred on the Customer by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law set out in Schedule 2 to that Act, or by any other law, where to do so would be unlawful or would render any part of these terms void.

(b) Subject to paragraph (a), all terms, conditions, warranties and representations that would otherwise be implied by statute, common law, trade usage or otherwise are excluded to the fullest extent permitted by law.

(c) To the extent permitted by section 64A of the Australian Consumer Law, Zone Medical’s liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51, 52 or 53 of the Australian Consumer Law) is limited, at Zone Medical’s election, to:

(i) in the case of goods, any one or more of the following: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and

(ii) in the case of services, either: the supplying of the services again; or the payment of the cost of having the services supplied again.

This paragraph does not apply to goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption.

(d) Subject to paragraphs (a) and (c), Zone Medical is not liable to the Customer for any indirect, special or consequential loss or damage, or for any loss of profit, loss of revenue, loss of anticipated savings, loss of data or business interruption, however arising, whether in contract, tort (including negligence), under statute or otherwise.

(e) Subject to paragraphs (a), (c) and (f), Zone Medical’s total aggregate liability to the Customer in connection with the supply of any goods or services is limited to the amount paid by the Customer for those goods or services.

(f) Nothing in this section operates to exclude or limit Zone Medical’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, for any liability arising under Part 3-5 of the Australian Consumer Law, or for any other liability that cannot lawfully be excluded or limited.

The failure, delay, relaxation or indulgence on the part of the supplier in exercising any power or right conferred upon the supplier by these Terms and Conditions of Sale does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions of Sale.

These Terms and Conditions of Sale shall be construed in accordance with the laws in force in the State of Queensland, Australia and more specifically to the exclusive jurisdiction of the Magistrates Court at Beenleigh.

Where these Terms and Conditions of Sale are qualified by any provision of law which applies and which cannot be excluded, where any such provision in these Terms and Conditions of Sale is deemed to be unlawful or unenforceable, such provision shall be severed from these Terms and Conditions of Sale and all other provisions hereof shall remain in force to the fullest extent permitted by law.

While all care is taken to represent each product accurately, occasionally incorrect information or images may be supplied regarding the specified product. Images are representative only and the items may not be exactly as illustrated.

All promotional items associated with Zone Medical are while stocks last only. Zone Medical will honour promotional items in their entirety until stock is totally exhausted. Customers will be informed at the time of purchase if the promotional offer is no longer valid. Images are representative only and the items may not be exactly as illustrated. Online promotional pricing is not always applicable to Zone Medical’s distributors and will be under the company’s discretion, subject to further terms & conditions. E&OE.

Any customer contact with Zone Medical by default gives Zone Medical the right to contact the customer via email or any other form. The Customer may end this contact or ‘opt out’ of contact with Zone Medical at any time at their discretion. Your call may be monitored for quality and training purposes.

Freight costs with any product is decided at Zone Medical’s discretion. Free freight only valid for deliveries within 1 hour’s drive of an Australian Capital City. As default Zone Medical will never offer free freight for excessively large or heavy products. These include Zone Medical’s range of Furniture, Fridges, Sterilisers, Light Stands, and Surgical Lights etc.

The Customer will always be informed of any additional or standard freight charges at the time of processing the order. Freight discounts apply to Australian Customers only.

(a) Where a product is returned to Zone Medical for repair or assessment other than under a consumer guarantee, Zone Medical reserves the right to charge the Customer an assessment fee of $149 + GST, plus any freight and insurance charges.

(b) No assessment fee, freight charge or insurance charge is payable by the Customer where the product is found to have failed to comply with a consumer guarantee under the Australian Consumer Law. Where an assessment fee has already been paid and the product is subsequently found to have failed to comply with a consumer guarantee, that fee will be refunded.

(c) Zone Medical will advise the Customer of any charges payable before commencing chargeable repair work.

(d) Where a product remains uncollected, or any invoice issued in respect of it remains unpaid, for more than 90 days from the date of invoice, Zone Medical may dispose of the product to recover its costs, subject to and in accordance with the uncollected goods legislation applicable in the relevant State or Territory. Zone Medical will give the Customer written notice before doing so.