TERMS AND CONDITIONS
(Updated 1 Nov 2017)
Thank you for visiting the Base Medical website,www.basemed.com.au (the “Site”). Base Medical is an Australian distributor of quality healthcare products. By using the Site you agree to be bound by the following Terms and Conditions. Your usage of the Site indicates your acceptance of these Terms and Conditions. Your placement of an order also indicates your acceptance of these Terms and Conditions.
Information Disclaimer
All information supplied has no warranty whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this site is complete and/or accurate. All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is presented in summary form and is in no way complete and absolute.
Professional Healthcare advice is required for any injury, illness, disease, or other medical condition, and the suitability of the Goods for your own situation. The information is not to be taken as any sort of medical advice whatsoever.
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice,nor is any information contained on or in any product packaging or labels. Always seek the advice of your qualified health professional with any questions you may have regarding your medical condition and the suitability of the Goods for your individual situation.
Definitions & Interpretation
1 In these Terms and Conditions, unless the context otherwise requires:
(a) ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) and its associated Regulations as amended.
(b) Agreement means these Terms and Conditions set out herein.
(c) Base Medical means Base Medical Pty Ltd (ABN11 618 724 897) of 119 Dalmeny Drive, Prestons NSW 2170 ( The Company).
(d) Customer means “you” and ”your” ,and/or the person, jointly and severally if more than one, whom uses the Site and/or to whom Goods are supplied by Base Medical.
(e) Goods means any products or services advertised on the Site, and supplied under this Agreement to the Customer.
(f) GST means a tax, levy, duty, charge, or deduction together with any related additional tax, penalty, fine or other charge imposed by or under the GST Act.
(g) GST Act is a reference to a New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
(h) Loss means any loss, cost, damage, liability, expense or other detriment suffered or incurred by a person and includes direct, indirect or consequential loss or damage.
(i) The Site means the website www.basemed.com.au ,owned and operated by Base Medical, and any other extensions of the Site, but excluding third party websites that may be hyperlinked on, or advertised or otherwise accessible through The Site.
(j) A reference to a person includes a natural person, corporation, partnership or any other organisation or legal entity and includes its executors, administrators, successors and permitted assigns.
(k) The singular includes the plural and vice versa.
(l) Including and includes are not words of limitation.
(m) Monetary amounts are expressed in Australian dollars.
General
2 Unless otherwise agreed in writing by the parties, these Terms and Conditions will be the only terms and conditions on which Base Medical will supply the Goods to the Customer.
3 A contract is accepted by Base Medical when Base Medical accepts, in writing or electronic means, an order from the Customer or provides the Customer with the Goods. Base Medical has absolute discretion to refuse to accept any order.
Delivery
4 Unless notified in writing by the Customer, all Goods will be dispatched to the address set out on the Customer’s order form.
5 Base Medical reserves the right, irrespective of whether or not a Customer’s order has been accepted and without notice to the Customer, to withhold supply to the Customer where:
(a) Base Medical has determined (in its absolute discretion) that the Customer is a fraud risk.
6 Base Medical will not be liable for any Loss incurred or suffered by the Customer as a result of any delay in delivery or withholding of supply of any Goods.
Price and Payment
7 All price lists and prices quoted in respect of the goods are subject to change and may be updated from time to time without notice.
8 If GST is imposed or levied in respect of any supply of Goods by Base Medical, then Base Medical may recover the amount of GST from the Customer (payable at the prevailing rate) in addition to the price of the Goods. Base Medical must provide such invoices to the Customer as are required under the GST Act.
9 Goods will not be supplied until full payment has been received by Base Medical
10 In the event of a dispute, The Customer specifically agrees not to initiate a chargeback through it’s credit or payment provider, for example , PayPal , MasterCard etc.
Returns
11 Base Medical will not accept returns of Goods unless they are proven to be faulty, or if incorrect products were sent to customer by an error of Base Medical.
12 Goods which the Customer returns for credit or refund will only be accepted if they are unused and in the original packaging.
Exclusion of Warranties and Limitation of Liability
13 Except as these Terms and Conditions specifically state, or as contained in an express warranty provided in relation to the Goods, Base Medical makes no representations or warranties, express or implied, regarding any matter, including merchantability or fitness for a particular use or purpose, and all implied warranties arising from a course of dealing, usage or trade practice, or other representation of the performance or nature, in relation to the Goods.
14 If the Customer is a consumer for the purposes of the ACL nothing in these Terms and Conditions restricts, limits or modifies the Customer’s rights or remedies against Base Medical for failure of an applicable statutory guarantee under the ACL.
15 The Customer indemnifies the Company against any claims made relating to the use of the Goods supplied under this Agreement.
16 To the extent permitted by law, Base Medical limits its liability under any condition or warranty which cannot legally be excluded to:
(a) the replacement of the Goods or the supply of equivalent goods;
(b) repayment of any part of the purchase price of the Goods which has been paid by the Customer, by credit to the customer’s account, in cash or by cheque, at Base Medical’s absolute discretion.
17 Under no circumstances will Base Medical be liable to the Customer for:
(a) any loss of profit; or
(b) any indirect or consequential damages.
Force Majeure
18 Base Medical will not be liable for any Loss incurred or suffered by the Customer as a result of a failure to observe any of these Terms and Conditions or as a result of any delay in performance of any obligations due to any cause or circumstances beyond Base Medical’s control, including, any failure or delay in performance caused by any strikes, lock-outs, accidents, war, flood, labour disputes, fire, explosion, acts of God or public enemy, delays in transport, breakdown in plant or machinery, shortage of power, shortage of raw materials, restrictions or prohibitions by any government or any semi-government authorities, embargos or any other events beyond Base Medical’s control wherever and whenever occurring.
Entire Agreement
19 These Terms and Conditions constitute the entire terms and conditions between Base Medical and the Customer.
Severability
20 If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part of the term or condition is to be treated as removed from these Terms and Conditions, but the rest of these Terms and Conditions are not affected.
Variation
21 No variation of these Terms and Conditions will be of any force or effect unless it is in writing and signed by the parties to these Terms and Conditions.
Waiver
22 Any failure by a party to exercise any of its rights or powers under these Terms and Conditions is not a waiver of those rights or powers. A waiver is only effective if it is in writing.
Assignment
23 The Customer cannot assign, transfer or otherwise dispose of any of the benefits or burdens of this or any other contract with Base Medical without the prior written consent of Base Medical.