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The materials on Footmedics's web site are provided "as is". Footmedics makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Footmedics does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Footmedics or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Footmedics's Internet site, even if Footmedics or a Footmedics authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Footmedics's web site could include technical, typographical, or photographic errors. Footmedics does not warrant that any of the materials on its web site are accurate, complete, or current. Footmedics may make changes to the materials contained on its web site at any time without notice. Footmedics does not, however, make any commitment to update the materials.
Footmedics has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Footmedics of the site. Use of any such linked web site is at the user's own risk.
GENRAL TERMS AND CONDITIONS
Copyright at Footmedics 2019. No part of this publication may be reproduced without a written permission of Footmedics Australia.
Footmedics Australia has made every effort to portray accurate descriptions and information within this catalogue.
No liability is accepted in the event of errors or omissions.
All rights reserved including the right to substitute a like product at the sole discretion of Footmedics Australia.
Products may vary in detail from the described item. Products may be deleted, amended, substituted or changed at the sole discretion of Footmedics Australia.
The customer and user must establish the suitability of the product purchased for their own safe use and circumstances, or seek advice from a health care professional.
Trade Marks. Where any registered trade mark has been used it is in with recognition of the owner’s right.
Any measurements shown are intended as a guide only. Please confirm any critical measurement with Footmedics Australia.
The sale of all products, services, quotations and contracts are subject to our general Terms and Conditions. E & O.E.
Due to our policy of continuous improvement, we reserve the right to modify and improve our designs and specifications.
Axis Medical and Rehabilitation ITF Axis Trust trading as Footmedics Australia
All quotations and contracts involving the supply of goods and services by Footmedics Australia (Footmedics) to another party (the purchaser) are subject to the following terms and conditions only, and all other terms, whether orally expressed or implied, are negated.
1. OFFER AND ACCEPTANCE
Any quotation given by Footmedics is not an obligation to sell. An order placed by the purchaser pursuant to a quotation is not binding on Footmedics.
Footmedics shall not be bound by any conditions attached to the Purchasers order, and such conditions shall not be applicable to the contract of sale.
Products offered are subject to availability
Subject to availability of stock, and Footmedics has no liability for nonperformance, or for any circumstances beyond its control.
2. CANCELLATION OF ORDERS
Once lodged with Footmedics, an order may not be cancelled or delivery delayed without Footmedics’s prior agreement in writing and then only on the terms incorporated in such agreement.
In all cases the Purchaser shall reimburse Footmedics for all costs associated with the work undertaken in relation to the order and also pay Footmedics an amount equivalent to the profits which Footmedics would have achieved had the contract been completed.
Prices should be treated as estimates only and subject to withdrawal or variation without notice at any time. Prices do not include cartage or insurance unless stated and such will be charged unless an alternative arrangement is agreed upon by Footmedics.
Delivery charges apply to orders and are based on the size of the order and delivery destination.
Goods will be invoiced at prices current at time of delivery, unless agreed to in writing by Footmedics.
Where goods are imported, any price increase arising from fluctuation in exchange rates shall be to the Purchaser’s account.
Any GST applicable will be charged. Unless otherwise stated, quoted prices do not include GST.
Should any other tax, fee, levy, duty or expenditure imposed by any competent authority be payable on any goods or services supplied by Footmedics, such shall be charged to the purchaser.
4. DELIVERY AND RISK
The risk in the goods shall pass to the Purchaser when goods are loaded for consignment, whether by carrier employed by Footmedics or the Purchaser. This includes deliveries where Footmedics buys and sells without handling or taking receipt of the goods, deliveries to a third party, and deliveries of incomplete orders.
Footmedics shall not be liable for any loss or damage (including consequential loss or damage) arising from delay or failure to deliver. The Purchaser shall accept and pay for the goods or service notwithstanding late delivery.
Delivery to a third party at the request of the Purchaser shall constitute delivery to the Purchaser.
The property in or legal title to goods shall not pass from Footmedics until the Purchaser’s indebtedness to Footmedics pursuant to any invoices from Footmedics to the purchaser is paid for in full.
Footmedics by its authorised representatives shall have right of entry into the Purchaser’s premises to disassemble & remove any goods, materials or structure which is the property of Footmedics. Footmedics shall not be liable for any damage caused in such disassembly or removal and the Purchaser warrants that the Purchaser has authority to permit such entry.
Interest will be charged on overdue accounts at 2% per month.
Any late payment will give Footmedics the right to cancel future deliveries.
Deposits will be required prior to order processing when deemed desirable by Footmedics, variable between 50 and 90%.
If Seller extends credit to Buyer, payment for all goods will be within a maximum of 30 days from date of invoice or as otherwise stated on invoice.
The portion of an incomplete order delivered to or in the possession of the Purchaser is due for payment regardless of the unsupplied goods or services ordered.
7. FITNESS OF PURPOSE
The purchaser agrees that it does not rely on the skill, judgement or advice of Footmedics in relation to the suitability of any goods or services for a particular purpose.
All goods sold including wheelchairs, scooters, etc are operated solely at buyer’s risk. The buyer and any parties involved declare and own he has the necessary ability.
All buyers, including disabled people, must be suitably attended at all times.
Claims for credit or return of goods must be made in writing within seven (7) days of receipt.
Cost of freight for returned goods is at the Purchasers expense.
Returned goods will not be accepted by Footmedics unless in fully resaleable condition.
Goods returned for credit must show original invoice number. A return authorisation number must be obtained prior to returning goods. No credit will be raised without a return authorisation code. No attempt should be made to return goods without prior authorisation. Footmedics is under no obligation to accept the return of goods outside of their Terms and Conditions.
A minimum 20% restocking fee will apply. Returns received within 8 - 21 days may receive 70% credit. Returns sent after 21 days receive no credit. All subject to Footmedics discretion.
9. SALE OF USED EQUIPMENT
No guarantees whatsoever will apply to used equipment sold.
Goods shall be returned by the Buyer to the Seller for repair free of all charges and at the Buyer’s risk.
11. CLERICAL ERRORS
Clerical errors in computation, typing or otherwise of catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note, specification of the Seller is subject to correction.
All goods supplied by Footmedics are subject to the warranty of the manufacturer only. A manufacturer’s warranty applies to items, providing the item has been used in accordance with the user instructions. Warranties cover parts and materials used in the manufacture of the product. Warranties will not apply to defects resulting from improper use, operator error, use outside of manufacturer’s specifications and the limits of products intended use, Maintenance and cleaning must be maintained to ensure warranties remain valid.
No liability is accepted for any consequential cost of any description.
Any six (6) or twelve (12) month warranty against faulty materials and workmanship, subject to no abuse or misuse, alteration, accident, unfair wear and tear or lack of maintenance, will be the manufacturer’s warranty, only.
Footmedics shall not be liable in contract or otherwise for any loss, injury or damage, arising from any defect in or use of: any goods supplied, services rendered or repairs/modifications effected to the Purchasers property. Footmedics’ liability in any case shall be limited to replacement or rectification of goods supplied or a refund, at the absolute discretion of Footmedics.
This warranty is only valid to the original Purchaser and is not assignable.
The Purchaser shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Footmedics of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Purchaser shall afford Footmedics an opportunity to inspect the Goods within a reasonable time following delivery if the Purchaser believes the Goods are defective in any way. If the Purchaser shall fail to comply with these provisions, the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Footmedics has agreed in writing that the Purchaser is entitled to reject, Footmedics’s liability is limited to either (at
Footmedics’s discretion) replacing the Goods or repairing the Goods except where the Purchaser has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion, to either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
Footmedics may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Purchaser. On giving such notice Footmedics shall repay to the Purchaser any sums paid in respect of the Price. Footmedics shall not be liable for any loss or damage whatever arising from such cancellation.
In the event that the Purchaser cancels delivery of Goods the Purchaser shall be liable for any loss incurred by Footmedics (including, but not limited to, any loss of profits) up to the time of cancellation.
Footmedics is only classified as a Preferred Supplier not a Contractual Supplier and is therefore not obliged to supply under any circumstances. Footmedics has the total prerogative to not commence
supply or not continue supply of any product at any time, without any financial or other responsibility or consequential damages.
15. UNPAID ASTIR’S RIGHTS
Where the Purchaser has left any item with Footmedics for repair, modification, exchange or for Footmedics to perform any other Service in relation to the item and Footmedics has not received or been tendered the whole of the Price, or the payment has been dishonoured, Footmedics shall have: (a) a lien on the item;(b) the right to retain the item for the Price while Footmedics is in
possession of the item; and(c) a right to sell the item.
The lien of Footmedics shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
16. EQUIPMENT HIRE
The Equipment shall at all times remain the property of Footmedics and is returnable on demand by Footmedics. In the event that the Equipment is not returned to Footmedics in the condition in which it was delivered Footmedics retains the right to charge the Price of repair or replacement of the Equipment.
The Purchaser shall: (a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment. (b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment. (c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and hall comply with any maintenance schedule as advised by Footmedics to the Purchaser. The Purchaser accepts full responsibility for the safekeeping of the Equipment and the Purchaser agrees to insure, or self insure, Footmedics’s interest in the Equipment and agrees to indemnify Footmedics against physical loss or damage.
17. FORCE MAJEURE
Footmedics shall not be liable for any failure to perform the contracts or supply of any goods or materials; or for any delays or non deliveries due to strikes, fires, explosions, floods, riots, civil unrest, military unrest, lockouts, injunctions, interruptions in manufacturing or transport, accidents, inability to obtain supplies, war, government action, or any other circumstances beyond the companies control.
18. PERSONAL PROPERTY SECURITIES ACT (“PPSA”)
The prices and delivery dates given in quotations are for the quantity of goods specified therein. Any deviation when ordering may render the quotation subject to revision.
Defined terms in this clause that are not defined in these Terms and Conditions have the same meaning as given to them in the PPSA.
The Seller and the Buyer acknowledge that these Terms and Conditions constitute a Security Agreement and give rise to a Purchase Money Security Interest (“PMSI”) in favour of the Seller over the Goods supplied or to be supplied to the Buyer as Grantor pursuant to the Terms and Conditions.
The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of “Other Goods” acquired by the Buyer pursuant to these Terms and Conditions.
The Seller and the Buyer acknowledge that the Seller as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Buyer as Grantor under the Terms and Conditions on the PPSA Register as Collateral.
To the extent permissible at law, the Buyer: (a) waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Buyer, as Grantor, to the Seller; (b) agrees to indemnify the Seller on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the; (i) registration or amendment or discharge of any Financing Statement registered by or on behalf of the Seller; and (ii) enforcement or attempted enforcement of any Security Interest granted to the Seller by the Buyer. (c) agrees that nothing in sections 130 and 143 of the PPSA will apply to the Terms and Conditions or the Security under the Terms and Conditions; (d) agrees to waive its right to do any of the following under the PPSA: (i) receive notice of removal of an Accession under section 95; (ii) receive notice of an intention to seize Collateral under section 123; (iii) object to the purchase of the Collateral by the Secured Party under section 129; (iv) receive notice of disposal of Collateral under section 130; (v) receive a Statement of Account if there is no disposal under section 132(4); (vi) receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged. (vii) receive notice of retention of Collateral under section 135; (viii) redeem the Collateral under section 142; and (ix) reinstate the Security Agreement under section 143.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected,
prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
Footmedics shall be under no liability whatever to the Purchaser for any indirect loss and/or expense (including loss of profit) suffered by the Purchaser arising out of a breach by Footmedics of these terms and conditions.
In the event of any breach of this contract by Footmedics the remedies of the Purchaser shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
The Purchaser shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Purchaser by Footmedics.
Footmedics may license or sub-contract all or any part of its rights and obligations without the Purchaser’s consent.
Any Customer Loyalty Program is not a right, but entirely at the discretion of Footmedics.
The Purchaser agrees that Footmedics may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Footmedics notifies the Purchaser of such change.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
The failure by Footmedics to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Footmedics’s right to subsequently enforce that provision.
Axis Medical and Rehabilitation ITF Axis Trust trading as Footmedics Australia