Website - Terms of Use (Terms)

  1. Use of Website
    1. Your use of this Website and the information available on this Website is subject to these Terms.
  2. Ownership and Interpretation
    1. This Website is owned and operated by Active Medical Supplies Pty Ltd ACN 119 826 765 as trustee.
    2. In these Terms, ‘we’ or ‘us’ means Active Medical Supplies Pty Ltd ACN 119 826 765 as trustee.
    3. Other terms and conditions appear on this Website (Other T&C’s). Those Other T&C’s apply to the specific transactions referred to in the Other T&C’s. Where there is any inconsistency between the Other T&C’s in the Other T&C’s and these Terms, the Other T&C’s shall prevail unless we, acting reasonably, determine otherwise by notice in writing to you.
  3. Acceptance of Terms
    1. Your access and use of the Website is conditional upon your acceptance and compliance with these Terms. Use of, or continued access to the Website constitutes your acceptance, and compliance with these Terms.
    2. We may change, add to or amend these Terms at any time and any changes will apply from the time they appear on this Website unless we, acting reasonably, determine otherwise.
  4. Trademarks
    1. All names, logos and trademarks are either our property or the property of third parties who have contributed to the Website and consented to their use. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without our express written agreement or the relevant contributor. Nothing displayed on the Website should be construed as granting any licence or right to use any name, logo or trademark without our express permission, or the relevant third party contributor.
  5. Copyright
    1. The content of this Website, including all information such as text, graphics, images and other material (Material), is protected by Australian and international copyright law. You may download a single copy of the Material and where necessary for reference purposes keep a temporary copy in your computer’s cache and make a single hard copy of the Material. You may make such other use of the Material as is otherwise expressly authorised on the Website. Unauthorised use of the Material may breach these copyright laws and we reserve our rights in relation to any such breach.
  6. Limitation of Liability
    1. This Clause 6 is read subject to Australian Consumer Law which may confer rights, guarantees and remedies on you which cannot be excluded, restricted or modified. We do not exclude any of those rights you have that cannot be excluded, restricted or modified but we do exclude all other conditions, warranties, representations and matters whatsoever giving rise to or which may give rise to any liability whatsoever.
    2. We are not liable to you or anyone else for:
      1. any loss in connection with use of this Website or a linked website;
      2. interference with or damage to your computer system which occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trogan horses) that may interfere with or damage the operations of your computer systems;
      3. any interruption to your access your inability to obtain access;
      4. failing to keep this Website updated;
      5. any errors in the information on this Website;
      6. any indirect, incidental, special or consequential damages or loss of profits whatsoever which may result from your use of this Website or your inability to use this Website or to gain access to this Website;
      7. any loss or damage associated with a link from this Website or other websites or the contents of the linked websites and you link to any such website at your own risk.
  7. Specific Warnings
    1. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
  8. Internet Service Providers
    1. If you are an internet service and/or access provider, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by these Terms.
  9. Termination
    1. These Terms are effective until terminated by us. We may terminate this agreement and your access to the Website at any time without notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in these Terms will survive termination.
  10. Security of Information
    1. No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information and comply with all applicable laws.
  11. Miscellaneous
    1. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between us and you with respect to the subject matter.
  12. Governing Law
    1. These Terms are governed by and construed in accordance with the laws of Queensland and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.

Terms and Conditions (Terms) – Online sales

  1. Seller
    1. In these Terms, ‘Seller’ or ‘we’ or ‘us’ means Active Medical Supplies Pty Ltd ACN 119 826 765 as trustee.
    2. ‘Price’ means the price of the Products, delivery and other applicable charges appearing on the tax invoice referred to in Clause 2.2.
    3. ‘Product’ means the Seller’s product displayed on the Seller’s Website available for online purchase.
  2. Orders
    1. In respect of each Product ordered, your order is an offer from you to the Seller to buy that Product.
    2. Subject to these Terms the Seller agrees to supply you the Product and accepts your offer after payment has been processed and the Seller has emailed you the order confirmation and tax invoice.
  3. Information about Products
    1. Due to photographic and screen limitations associated with the representation of Products, some actual Products may differ to a small extent in visual appearance from the way they appear on the Website.
  4. Pricing and payment
    1. You must pay for all online purchases at the time of display to you of the Price and prior to the Seller sending you an order confirmation and tax invoice in accordance with one of the payment methods offered on the Website.
    2. The Prices of Products are in Australian dollars, inclusive of GST.
    3. The Seller has the sole right to set the price of their Products and any delivery or other applicable charges.
  5. Delivery
    1. The Seller will use reasonable endeavours to deliver Products in the manner nominated by the Seller, within the time frame and at the delivery premises shown on the order confirmation.
    2. You will be notified via email once your Products have been dispatched.
    3. The Seller does not accept liability for delay in delivering Products which is beyond their reasonable control (e.g. if stock is unavailable). If the Product has not been delivered within a reasonable time (depending on the nature of the Product and the delivery address), you must contact us in writing if you wish to discuss cancelling your order for that Product and requesting a refund.
    4. You must ensure there is clear and safe access for delivery. You must ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, the Seller will endeavour to deliver the Product if safe and appropriate to do so. If the delivery contractor arrives but is unable to deliver the Product or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery later, or we may cancel your order.
    5. Some Products may require extra delivery personnel which may incur an additional charge as advised to you at the time you submit your order. The Seller will deposit your Products at ground level at the delivery premises unless you have arranged otherwise with the Seller.
    6. Subject to Clause 5.7 risk and loss and damage to the Products passes to you on delivery of the Products to the delivery premises nominated in the order confirmation form referred to in Clause 2.2.
    7. Notwithstanding the extent to which the Seller accepts risk for damage to the Products you shall be deemed to have accepted all damaged Products unless:
      1. notification in writing stating the extent and probable cause of damage is received by the Seller within seven (7) days of delivery to the delivery premises; and
      2. the Products are returned to the Seller at the Seller’s address appearing on the tax invoice referred to in Clause 2.2 sufficiently identified as being the Products referred to in paragraph (1).

      The Seller shall be under no liability for any loss or damage caused to you as a result of the Products being damaged during a period of time that the Products were at the Seller’s risk however the Seller will at the Seller’s option either replace the damaged Products within a reasonable time or refund any of the Price paid by you to the Seller.

  6. Cancellation by Seller, Cancellation by You and Returns
    1. The Seller may cancel any order (in full or part) where:
      1. you are in breach of your payment obligations;
      2. the Seller reasonably suspects that you are purchasing Products for the purposes of resale or resupply;
      3. the Seller becomes aware after order confirmation that the Product is out of stock;
      4. there has been a genuine pricing or Product description error by the Seller;
      5. where the transaction is suspected of being the subject of credit card or payment-related fraud; or
      6. the circumstances set out in Clause 5.4.

      The Seller will refund any amount already paid in respect of any cancelled order pursuant to paragraphs (3) and (4). In the case of part cancellation of an order pursuant to paragraphs (3) and (4), a refund will be provided on the amount paid that relates to the cancelled portion of the order.

    2. If you:
      (1) cancel an order in writing after the Seller has issued an order confirmation and tax invoice and we confirm in writing that we have received notification of your cancellation before the dispatch of the Products we will not dispatch the Products to you and may accept at the Seller’s discretion cancellation of your order and provide you with a refund less any costs and expenses the Seller has incurred;
      (2) return Products (other than pursuant to paragraphs (1) and (2) of Clause 5.7) to the Seller the Seller may in its sole discretion accept the returned Products and in its sole discretion provide you with a credit or partial refund provided all of the costs and expenses of the Seller are reimbursed to the Seller including a restocking fee representing 10% of the Price;
      (3) purport to cancel or return any Product that is an order of customised Product after the Seller has issued an order confirmation and tax invoice notwithstanding paragraphs (1) and (2) the Seller is under no obligation to accept the cancellation or the return of those customised Products.
  7. Liability of Seller
    1. The obligations of the Seller and any restriction on your rights in this Clause 7 and these Conditions generally are read subject to the Australian Consumer Law which may confer rights, guarantees and remedies on you in relation to the provision by the Seller of the Products which cannot be excluded, restricted or modified. The Seller does not exclude these rights but does exclude all other conditions or warranties implied by custom, law or statute.
    2. Subject to the Australian Consumer Law the Seller’s liability to you for breach of any condition or warranty in relation to the Products that cannot be excluded is limited to:
      1. the replacement of Products or the supply of equivalent Products; or
      2. the repair of the Products or;
      3. the payment of the cost of replacing the Products or acquiring equivalent Products; or
      4. the payment of the cost of having the Product/Products repaired.
    3. You shall at your cost and expense exhaust all remedies available from any manufacturer’s warranty relevant to the Products which is still valid prior to the Seller incurring any obligation under these Terms.
    4. You shall assume all risk and liability resulting from the use of the Products either alone or in conjunction with other products or materials even if the Seller had or should have had prior knowledge of the use for which the Products would be put.
  8. Force Majeure
    1. The Seller shall not be liable for any failure or delay to supply the Products in any substantial way due to any cause beyond its control such as, but not limited to any act or neglect of any carrier, subcontractor, manufacturer or supplier of the Seller, Act of God, strikes, lockouts, bans or other industrial disturbance, fire, flood, explosion, civil right or commotion, restrictions or regulations associated with any pandemic (including COVID-19) epidemic or other similar public health event, government interference or request, by-laws, rules or regulations or orders of any government or competent authority. No such failure or delay shall entitle you to terminate any agreement and the Seller’s obligation to you shall be suspended without liability on the part of the Seller while such cause exists.
  9. Other Terms
    1. There are other terms applicable to the transaction where you purchase from us. They are contained in the Terms of Use of the Website. If there is any inconsistency the Terms of Use of the Website prevail over these Terms.
    2. We may change or suspend those Terms at any time without any notice to you however the Terms appearing on our Website at the time of the order confirmation will be the Terms applicable to your purchase.
  10. Privacy
    1. The Seller collects your personal information to allow us to supply the Products. The Seller’s Privacy Policy in relation to its use of personal information collected can be found on this Website at ##.
  11. Miscellaneous
    1. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between us and you with respect to the subject matter.
  12. Governing Law
    1. These Terms are governed by and construed in accordance with the laws of Queensland and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.

Terms & Conditions of Sale

  1. Interpretation
    1. ‘Seller’ means Active Medical Supplies ACN 119826765 as trustee.
    2. ‘Buyer’ means the person or company contracting with the Seller for the purpose of Goods.
    3. ‘Conditions’ means of these Conditions of Sale.
    4. ‘Goods’ means all goods, merchandise and services supplied by the Seller pursuant to these Conditions.
    5. These Conditions apply to all sales of Goods by the Seller to the Buyer other than online sales. The terms and conditions for online sales are set out at Privacy Policy. Where any sale of Goods by the Seller to the Buyer (other than online sales) proceeds without using some of the procedures or excludes some of the terms set out in these Conditions, the remainder of the procedures and terms otherwise apply.
  2. Creation of Contract Between Seller and Buyer
    1. The Buyer may from time to time make written requests to the Seller to provide a quotation for the supply of Goods.
    2. If the Seller wishes to respond to the request for a quotation the Seller must do so within 14 days. That quotation is an offer by the Seller to sell the Goods mentioned in the quotation to the Buyer at the price and any additional conditions set out in the quotation and on these Conditions.
    3. The offer in the quotation remains open for acceptance for 30 days.
    4. If the Buyer wishes to accept the quotation they must notify the Seller in writing during that 30 day period.
  3. Price
    1. All prices shown in the quotation are for one (1) unit only unless otherwise stated.
    2. All prices shown in the quotation are inclusive of taxes and duties and the costs referred to in Clause 5.2 unless otherwise stated or apparent on the face of the quotation.
  4. Packaging
    1. Unless packaging requirements are otherwise agreed in writing the Seller may package the Goods in such a manner as it thinks fit from.
  5. Dispatch
    1. Unless otherwise stated the Seller will arrange for dispatch of all Goods to the Buyer to the delivery point. The delivery point will be as agreed by the parties and failing any other agreement will be the Buyers address as specified in the request for a quotation.
    2. Subject to Condition 5.5 the Seller will bear the cost of freight and insurance of the Goods to the delivery point.
    3. Any date for delivery of the Goods requested by the Buyer or supplied by the Seller is an estimated date only and the Seller shall be under no liability for any loss or damage howsoever rising if the Goods are not delivered by the due date or not delivered at all provided however that at the Seller’s option the Seller may agree to replace the non delivered Goods within a reasonable time.
    4. Subject to Conditions 5.5 and 5.6 the risk of all loss or damage to the Goods passes to the Buyer on delivery of the Goods to the delivery point.
    5. If the Buyer notifies the Seller of any alternative delivery arrangements the Buyer will be liable for the cost of freight for such arrangements and risk will pass to the Buyer on dispatch by the Seller of the Goods to the Buyer’s carrier at which time delivery will be deemed to have been given to the Buyer.
    6. Notwithstanding the extent to which the Seller accepts risk for damage to the Goods the Buyer shall be deemed to have accepted all damaged Goods unless:
      1. notification in writing stating the extent and probable cause of damage is received by the Seller of such damaged Goods within seven days of delivery; and
      2. the Goods are returned to the Seller at the address of the Seller appearing in the quotation within 14 days of delivery.

      The Seller shall be under no liability for any loss or damage caused to the Buyer as a result of the Goods being damaged during a period of time that the Goods were at the Seller’s risk however the Seller will at the Seller’s option either replace the damaged Goods within a reasonable time or refund any of the purchase price paid by the Buyer to the Seller.

  6. Payment
    1. The Seller will, on or before dispatch of the Goods, render to the Buyer a tax invoice with respect to each consignment of Goods.
    2. The payment terms will be subject to provisions of quotation/invoice or any other agreement between Buyer and Seller.
    3. Payment must be for the full amount unless any Goods are returned as damaged or defective (to the extent that the Seller bears the risk of damage or defective Goods under these Conditions) in which case payment must be in full for the undamaged or sound Goods.
    4. If the Buyer delays in payment in full the Buyer must, pay interest on the overdue amount at the rate of 3% per month accruing daily from the date the amount fell due until payment in full.
    5. The Seller’s right to charge interest is without prejudice to any of the Seller’s rights arising as a result of a breach of these Conditions.
  7. Title
    1. The Seller reserves the following rights in relation to the Goods until all accounts owed by the Buyer to the Seller are fully paid:
      1. legal ownership of the Goods;
      2. to enter the Buyer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and retake possession of the Goods;
      3. to keep or resell any Goods repossessed pursuant to (b) above.
    2. If the Goods are resold or goods manufactured using the Goods are sold by the Buyer, the Buyer must hold such part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods sold in a separate identified account as the beneficial property of the Seller and shall pay such amount to the Seller on request. Notwithstanding these provisions the Seller is entitled to maintain an action against the Buyer for the purchase price of the Goods.
  8. Force Majeure
    1. The Seller shall not be liable for any failure or delay to supply the Goods in any substantial way due to any cause beyond its control such as, but not limited to any act or neglect of any carrier, subcontractor, manufacturer or supplier of the Seller, Act of God, strikes, lockouts, bans or other industrial disturbance, fire, flood, explosion, civil right or commotion, restrictions or regulations associated with any pandemic (including COVID-19) epidemic or other similar public health event, government interference or request, by-laws, rules or regulations or orders of any government or competent authority. No such failure or delay shall entitle the Buyer to terminate any agreement and the Seller’s obligation to the Buyer shall be suspended without liability on the part of the Seller while such cause exists.
  9. Default
    1. Upon the happening of any of the following events:
      1. the commission by the Buyer of any act of bankruptcy or the Buyer going into liquidation or a petition being presented for the sequestration of the Buyer’s estate or for the winding up of the Buyer; or
      2. the Buyer assigning its property for the benefit of creditors or having a receiver, administrator or official manager appointed to any of its assets; or
      3. the Buyer failing to make any payment to the Seller on the due date; or
      4. the Buyer being in breach of any of these Conditions,

      then in any such event the Seller shall without prejudice to any other remedies have the right to:

      1. cease production of the Goods; and/or
      2. decline to deliver the Goods or any balance of the Goods still due under these Conditions; and/or
      3. stop any Goods in transit; and/or otherwise cease to perform any of its obligations to the Buyer; and/or
      4. terminate these Conditions without incurring any liability at law or in equity or without prejudice to its rights to recover amounts owing to it by the Buyer and/or damages; and/or
      5. enter into the premises and repossess any Goods already delivered and whether or not property in such Goods has passed to the Buyer in respect of which entry the Buyer shall indemnify and keep indemnified the Seller for all damages for which the Seller may be responsible for; and/or
      6. recover from the Buyer the contract price together with default interest of all Goods delivered and for freight, storage, handling and other expenses incurred by the Seller; and/or
      7. to sell the Goods elsewhere and charge the Buyer with any resultant loss.
  10. Cancellation of Orders
    1. Where the Buyer wishes to cancel an order after written acceptance of a quotation the Seller may, at the Seller’s discretion, agree to waive any rights it has under these Conditions provided all costs and expenses by the Seller are paid to the Seller by the Buyer together with the fee of 10% of the price for the Goods. The Buyer acknowledges the Seller is not obliged to agree to any cancellation request and will not do so if the order relates to customized Goods.
  11. Liability of Seller under Legislation
    1. The obligations of the Seller and any restriction on the rights of the Buyer in this Clause 11 and these Conditions generally are read subject to the Australian Consumer Law which may confer rights, guarantees and remedies on the Buyer in relation to the provision by the Seller of the Goods which cannot be excluded, restricted or modified. The Seller does not exclude these rights but does exclude all other conditions or warranties implied by custom, law or statute.
    2. Subject to the Australian Consumer Law the Seller’s liability to the Buyer for breach of any condition or warranty in relation to the Goods that cannot be excluded is limited to:
      1. the replacement of Goods or the supply of equivalent Goods; or
      2. the repair of the Goods or;
      3. the payment of the cost of replacing the Goods or acquiring equivalent Goods; or
      4. the payment of the cost of having the Goods repaired.
    3. The Buyer shall at the Buyer’s cost and expense exhaust all remedies available from any manufacturer’s warranty relevant to the Goods which is still valid prior to the Seller incurring any obligation under these Conditions.
    4. The Buyer shall assume all risk and liability resulting from the use of the Goods either alone or in conjunction with other goods or materials even if the Seller had or should have had prior knowledge of the use for which the Goods would be put.
  12. General
    1. These Conditions shall be governed and construed in accordance with the laws of Queensland.
    2. All notices to be served on the Buyer shall be deemed to be duly served if left at or sent by ordinary prepaid post to the last known address of the Buyer or sent by email at the time it is sent. The Buyer shall be deemed to have received any notice by post 2 days after posting and any notice by email on receipt of an email transmission report.
    3. The Buyer shall not assign any rights or obligations under these Conditions without the prior written consent of the Seller.
    4. No waiver by the Seller of any default by the Buyer in the performance of any obligation or condition of these Conditions shall be or deemed to be a waiver of that or any other obligation or condition.
    5. The Buyer acknowledges and accepts that all Goods are supplied by the Seller pursuant to these Conditions of Sale.