Terms and conditions

All goods and services (the “Goods”) supplied by Australian Dental Pty Ltd (the “Seller”) are sold to you as the Buyer (the “Buyer”) subject to the following conditions:

Pricing

The prices of our Goods are stated in our current price list and quotations. The Seller reserves the right to change prices at any time without notice, unless a price is confirmed in writing in a quote or order acceptance.

Payment

A Tax Invoice is issued to the Buyer either at delivery or sent electronically. Payment for the Goods ordered must be made on or before the due date specified on the Tax Invoice. The Seller reserves the right to require whole or partial payment of the price by the Buyer at any time before delivery. If the Buyer fails to make any payment when due then, without prejudice to any other right or remedy available, the Seller shall be entitled to suspend any other further deliveries to the Buyer and/or charge the Buyer interest at the rate of 5% per month (calculated daily) from the due date until payment is made in full.

Discounts

An early settlement discount (ESD) of 3% will be provided to all Buyers subject to cleared funds being received by the Seller within 14 days from invoice date. The Buyer must state, “ESD requested, payment will be made within 14 days” on their written order. Bulk orders may attract additional discounts (see price list).

Export

Export orders shall be subject to individual negotiation with the Buyer. International Commercial Terms will apply. Where payment is made in a currency other than AUD or from an overseas bank, bank fees or currency exchange losses are to be covered by the Buyer.

Cancellation and returns

Once an order for Goods has been placed by the Buyer and received by the Seller, the Buyer shall have no right to cancel the order or return the Goods, unless otherwise agreed to in writing. Freight for returns is paid for by the Buyer.

Title

The Seller retains and reserves legal and beneficial ownership in all Goods supplied until the Buyer makes full payment for the Goods to the Seller. The Buyer acknowledges that the retention of title is a security interest as defined in the Personal Property Securities Act 2010 (PPSA). The Seller reserves all their rights under the PPSA 2010.

Delivery

Delivery of the Goods can be arranged by the Seller or Buyer, as stated in the order or agreed by the parties in writing. Freight charges shall be paid by the Buyer in the amount quoted by the Seller (if arranged by the Seller). Any delivery dates quoted are estimates only and the Seller will accept no liability for delays in delivery or failure to deliver. The Buyer can agree with the Seller to collect the Goods directly from the Seller’s premises. Where the Buyer uses their own transport (regardless of who arranges the bookings) or requests alternative packaging arrangements, the Goods are the Buyer’s risk at the point the Goods leave the Seller’s premises. The Buyer shall inspect all Goods upon delivery and shall give notice to the Seller in writing within 10 working days if the Goods are not in accordance with the Buyer’s order. Without such notice, the Goods shall be deemed to have been delivered and accepted by the Buyer.

Product changes

The Seller strives to continuously improve the Goods and therefore reserves the right to make changes to product specifications without notice.

Warranty

The Goods supplied by the Seller are subject to the Seller’s Standard Warranty Conditions.

Liability

The Buyer agrees that to the full extent permitted by law, all conditions, warranties and representations, express or implied by statute, common law or otherwise in relation to the Goods are hereby excluded, and to the full extent permitted by law, the Seller will be under no liability to the Buyer for any damages (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply or use of the Goods howsoever arising, even if due to the Seller’s negligence, or the negligence of the Seller’s servants, agents, subcontractors or suppliers. The Seller shall not be liable for any negligence, consequential loss, damage to or destruction of the Goods which occurs at any time after dispatch from the Seller’s factory.

Variations

Australian Dental Pty Ltd may at any time and for whatever reason, alter these Terms and Conditions.

Governing Law

These Terms and Conditions and any contract arising from them shall be governed by and construed and interpreted in accordance with the law of the State of Victoria, Australia. Any dispute will be subject to the exclusive jurisdiction of the Courts of the State of Victoria.

STANDARD WARRANTY CONDITIONS

Australian Dental Pty Ltd (the “Seller”) warrants that, during the Warranty Period, the Goods will, with normal use and service, be free from faulty parts, manufacture or workmanship.

Warranty Period

All Goods come with a standard 12-month Warranty (see Warranty Claim Process, below) from the date of purchase from the Seller.

Application

This Warranty is valid only for Goods that are purchased new and unused from a partnering distributor or directly from the Seller.  The Buyer must provide the original proof of purchase to receive any services under this Warranty.
This Warranty only applies where a defect has arisen, wholly or substantially, as a result of faulty parts, manufacture or workmanship during the Warranty Period.

Exclusions

The Warranty does not apply where damage is caused by other factors, including without limitation:
(a) normal wear and tear;
(b) abuse, mishandling or accident;
(d) servicing or modification of the Goods other than by the Seller;
(e) use of the Goods with other accessories, attachments, product supplies, parts or devices that do not conform to the Seller’s specifications.

This Warranty does not cover:
(a) any loss or consequential damage incurred while the Goods are being repaired by anyone other than the Seller or without prior written consent by the Seller.

Goods supplied in Australia

This Warranty is to be read together with any rights and remedies available to consumers under the law.
In relation to Goods supplied in Australia only the Seller states: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to a 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.”
Without detracting from these rights or benefits, the Seller excludes all liability in respect of the Goods for any other loss that is not reasonably foreseeable from a failure of these Goods, which may include liability for negligence and loss of expenditure associated with the Goods.

Limitations

Where legally permissible, the Seller limits consequential liability to: (a) the replacement of the Goods or the supply of equivalent Goods; (b) the cost of replacing the Goods or acquiring equivalent Goods; (c) the repair of the Goods; and (d) the cost of having the Goods repaired.

WARRANTY CLAIM PROCESS

The process for a Warranty Claim is as follows:

The Buyer must inform the Seller as soon as the Warranty Claim arises and provide a written description of the fault;
The Buyer must send to the Seller original proof of purchase;
The Buyer shall cease to use any alleged faulty Goods and not carry out any remedial work to alleged faulty Goods without prior written consent by the Seller;
The Buyer must send the faulty part or Goods back to the Seller and pay for all packing, freight and insurance costs for returning the Goods to the Seller.

If the Warranty Claim is accepted, the Seller will, at its cost, (a) repair or replace any faulty parts or rectify any faulty workmanship; and (b) return the Goods to the Buyer.

If the Warranty Claim is not accepted: (a) the Seller will inform the Buyer; (b) if requested to do so by the Buyer, the Seller will repair the Goods provided the Seller pays the usual charges for such repair; and (c) if applicable, the Buyer will be responsible for all costs associated with collection of the Goods from the Seller.

To make a Warranty Claim, please contact:

Australian Dental Pty Ltd t/a Australian Dental Engineering and Manufacturing
PO Box 200, Altona North, VIC 3025

Tel: +61 3 9391 3552 / Fax: +61 9923 6516
E-mail: sales@australiandental.com.au