Terms & Conditions

Capital Medical Supplies

Terms of Service

Last updated: November 2018

 

1. Application

Capital Medical Supplies Pty Ltd (ACN 008 592 836) (hereafter referred to as “Capital Medical Supplies” or “us” or “we”) is the owner, operator and licensor of the website at https://www.capitalmedicalsupplies.com.au/terms-conditions (“Website”) and Capital Medical Supplies wholesale supply and distribution of medical products, equipment and instruments, including those available on and through the Website (“Capital Medical Supplies Service”). Your rights to use the Website and engage Capital Medical Supplies Services (collectively the “Service”) are set out in these Terms of Service (“Terms of Service”) and our Privacy Policy at https://www.capitalmedicalsupplies.com.au/ (“Privacy Policy”). Our Terms of Service and our Privacy Policy are collectively referred to as the Agreement (“Agreement”).
 
In order to keep pace with changes in our Service, we review our Terms of Service from time to time to make sure they are up to date. This Agreement contains our most recent update. We encourage you to read this Agreement carefully.
 
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS AGREEMENT AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICE IN ACCORDANCE WITH THIS AGREEMENT.
 
If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.
 
Capital Medical Supplies supplies Doctors and Hospitals with over 6,000 products. We are specialists in the wholesale supply and distribution of all medical consumable products as well as a comprehensive range diagnostic, resuscitation, clinical equipment and instruments. We deliver with our own courier service, as well as local courier companies.

 

2. Capital Medical Supplies Service

The Agreement applies to all users using the Service (“User”). Information provided through the Service may contain links to third party websites that are not owned or controlled by Capital Medical Supplies. Capital Medical Supplies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Capital Medical Supplies will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that Capital Medical Supplies shall not be responsible for any damages, claims or other liability arising from or related to your use of any third party website.

 

3. Capital Medical Supplies Access

Subject to your compliance with these Terms of Service, Capital Medical Supplies hereby grants you permission to use the Service, provided that your use of the Service as permitted is solely for professional use. You are not permitted to resell or charge others for use of or access to the Service.

 

4. Privacy Policy

You should ensure that you read our Privacy Policy.
We will process all Personal Data supplied by you according to our Privacy Policy.
Our Privacy Policy forms part of this Agreement. Accordingly, you must comply with your obligations in the Privacy Policy.

 

5. Security and Passwords

As an Account Holder you are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use of a disclosure of any password.

 

6. Confidentiality

Capital Medical Supplies will treat Personal Data as confidential and will make every reasonable effort to keep Personal Data and confidential information confidential and secure. It will not disclose this information except:

    1. as necessary to perform Capital Medical Supplies’ function; or
    2. to Capital Medical Supplies’ personnel and any service provider that Capital Medical Supplies works with where necessary to operate the Service and only to the extent that it is relevant to their roles and responsibilities; or
    3. if the relevant person has given Capital Medical Supplies permission to do so; or
    4. in accordance with our Privacy Policy; or
    5. if required or permitted by law.

As internet transmissions cannot be guaranteed to be entirely secure in all aspects, you acknowledge and agree that your use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.

 

7. Liability

In no event or circumstances shall Capital Medical Supplies be liable to any person, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business, whether caused by Capital Medical Supplies, our products, its employees, agents, or any other persons acting on its behalf. To the extent permissible at law the total liability of Capital Medical Supplies for any loss arising from or in connection with this Agreement, or the use of the Service, will not in any circumstances exceed the monetary amount paid by the Customer to Capital Medical Supplies for the relevant product.

If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any good or service supplied by Capital Medical Supplies and Capital Medical Supplies liability for failing to comply with that guarantee cannot be excluded but may be limited, then Capital Medical Supplies liability for such failure is limited to Capital Medical Supplies replacing the goods or supplying equivalent goods.

 

8. Indemnity

You agree to defend, indemnify and keep indemnified, Capital Medical Supplies and its respective employees, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:

    1. breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy);
    2. violation of any rights of a third party, or privacy right; or
    3. your access or use of the Service, and/ or Personal Data posted by you through or at the Service.

This Indemnity clause will survive this Agreement and your use of the Service.

 

9. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Australian Capital Territory (ACT), and the parties submit to the exclusive jurisdiction of the ACT courts for any matter arising under or relating to this Agreement.

 

10. Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.
 
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

 

11. Amendments to this Agreement

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement on the Website. Any updated Agreement becomes effective as soon as it is posted. If any updated Agreement constitutes a material change to this Agreement, Capital Medical Supplies will endeavour to post an announcement on the Website. Your use of the Service and/or Website following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement you must not use the Service.

 

12. Transmission and Posting of Content

You, the User, are solely responsible for your conduct and any:

    1. data, text, files, information, images, graphics, photos, links and other content or materials ("Content"); and
    2. information relating to an identified or identifiable individual, including names, physical addresses, email address, IP addresses, location data, financial information and related personal information (“Personal Data”)
that you submit or post via the Website or Service.

 

13. Disruption of and Modifications to the Website

Capital Medical Supplies will take all reasonable steps to ensure that the Website functions as intended. However, you acknowledge that your access to the Website may be disrupted or interrupted as a result of, including, without limitation, malfunction, updating, upgrades, maintenance or repair of the Service or due to failure of telecommunications links and/or equipment or for any other reason within or outside our control.

 

To the extent permissible at law, Capital Medical Supplies shall not be liable for any loss or damage caused or suffered as a result of any partial or total breakdown of, or inability to use, the Website. Capital Medical Supplies will use reasonable endeavours to promptly address (during normal business hours) technical issues that arise in relation to the Website.

 

14. Intellectual Property Rights

All of the information contained on this Website is the intellectual property of Capital Medical Supplies. All trade marks, logos or any other of its intellectual property rights are the exclusive property of Capital Medical Supplies. You may not download, copy or print any of the pages of the Website except for your own personal use or if prior permission is obtained in writing from Capital Medical Supplies. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, "scraping" or other manipulation of the content of the Website is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will you post to the Website any material which infringes any intellectual property rights of any third party.

By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

 

15. Website Accuracy

The information contained on this Website is given in good faith and Capital Medical Supplies uses all reasonable efforts to ensure that it is accurate. However, Capital Medical Supplies gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

 

16. Use of Subcontractors

You agree that Capital Medical Supplies may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, billing and related technology required to run the Service and manage Personal Data.

 

17. Prohibited Activities

In addition to the other restrictions outlined in these Terms of Service, you agree that you will not:

    1. Use the Website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited in these Terms of Service;
    2. Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Website, or that could damage, disable, overburden or impair the functioning of the Website in any manner;
    3. Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via the Capital Medical Supplies Service.
    4. Compromise the security of the Website service;
    5. Send any unsolicited or unauthorised advertising, spam, solicitations or promotional materials;
    6. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
    7. Impersonate any person or entity;
    8. Buy, sell or otherwise offer in exchange for any compensation, access to Capital Medical Supplies’ Website and Services; and
    9. Develop any third party applications that interact with User Content, the Website or any other services without our prior written consent.

 

18. Termination

We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.

 

19. Delivery Charges

Free delivery on purchases over $200 excluding GST. If your order is under $200 excluding GST, a standard shipping fee will be applied. There is no additional shipping cost. The shipping fee depends on location and quantity and weight of consignment. Capital Medical Supplies has very competitive shipping rates.
A surcharge will be incurred for large heavy and bulky items. Please contact us for further shipping details.

 

20. Delivery Times

As a general guideline, deliveries to major cities will take 2 to 3 business days if product is in stock, whilst it could take up to 5-7 business days for more remote areas.

 

21. Backorders

We strive to have all items in stock. However, if for any reason we are unable to dispatch an item, it will be placed on backorder and shipped when stock is available again.

Note:

    1. Address details that are incorrect or insufficiently supplied will incur a redelivery fee.
    2. If you have given authority to leave goods without a signature, you accept full responsibility if your parcel is lost or stolen from your property.
    3. We deliver within Australia only. Overseas orders will NOT be accepted.

 

22. Pricing Policy

All of our prices are in Australian dollars (AUD) and exclusive of Goods and Services Tax (GST). Prices are subject to change without notice. We reserve the right to make amendments to the prices or information at any time without prior notice whether to amend typographical errors or adjust our costs based on supplier price changes. All images and codes are subject to change at any time without notice from manufacturer.

All care has been taken but Capital Medical Supplies does not take responsibility for changes.

 

23. Warranty

Warranty is limited to the cost of the goods only, as stated on your invoice, and is the amount you actually paid us for the goods. There are no implied warranties beyond what is stated. No responsibility is taken for incorrect use of the product which may cause other issues.

 

24. Return Policy

To return a product, you must first contact us to request a Return. If you do so and Capital Medical Supplies considers that the request has been made in good faith, Capital Medical Supplies may either:

    1. replace the Product; or
    2. provide you with a refund of the purchase price for the product.

Returned goods cannot be accepted without Capital Medical Supplies authority. Contact us for details of how and where goods are to be sent back to. A copy of the original Invoice and any details regarding the Return must be included.
 

Incorrectly ordered or unwanted goods:

  1. Please choose carefully. We do not normally give credits or refunds if you simply change your mind or make a wrong decision e.g. for incorrectly ordered or unwanted goods.
  2. Returned goods must be in the original packaging, unopened, undamaged and free of any shipping labels or marks, otherwise credit will be refused. We recommend using additional external packaging for shipping to ensure goods returned are in good condition.
  3. All incorrectly ordered goods including unwanted goods returned to Capital Medical Supplies will incur a 20% restocking fee.
  4. It is your responsibility to pay the freight charges and insurance associated with the product return and to ensure you have a proof of shipping for goods returned to us. Goods that are shipped with ‘receiver to pay’ will be rejected by us, leaving the courier responsible for appropriate disposal of the returned items.
  5. Goods will not be accepted for credit for non-stock lines and special order in products. Please contact Customer Service to clarify.

 

25. Faulty Goods

  1. Please ensure before returning any goods to us that the product is faulty.
  2. As a rule, we do not offer credit or refunds for returns where the goods are outside warranty from the invoice date. Exceptions may be made.
  3. If the product has been tampered with in any way, a credit will be refused.
  4. Once we have received the returned product, we will then evaluate it/them and contact you to advise you of the result. This could take up to 30 days.
  5. It is your responsibility to pay the freight charges associated with the product return and to ensure you have a proof of shipping for goods returned to us. Goods that are shipped with ‘receiver to pay’ unless agreed with us, will be rejected by us, leaving the courier responsible for their disposal. Please retain copies of all receipts for freight charges you incur to return faulty goods.

Note: The shipping fee is NOT refundable.

Due to the competitive pricing of products offered by Capital Medical Supplies, we must strictly adhere to the return policy above. Thank you for your understanding and we appreciate your business.

 

26. Customer Service Policy

Capital Medical Supplies is committed to providing exceptional customer service and quality products.

It is your obligation to enter the correct delivery address details at time of ordering. If you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. It is the responsibility of you the customer to inform us if an order does not arrive in a timely manner allowing for freight carriers normal delivery time frames to your address. If an order does not arrive please inform us. Once we learn an order has not arrived within the approximate delivery time frame, we will lodge enquiries with the freight provider to search for the order.

We will not be held liable for any loss or damage resulting from late delivery, but will seek compensation on your behalf, for orders which do not arrive at all.

Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery by a freight provider or Capital Medical Supplies does not constitute a failure of our agreement and does not entitle you to cancellation of an order.

 

27. Questions and Comments

If you have any questions or comments about this Agreement, including our Terms of Service and Privacy Policy, please write to us at:

 

Capital Medical Supplies Pty Ltd
Mitchell ACT 2911
Ph: 02 6241 5511
Fax: 02 6241 7538

 

Please provide sufficient detail about the information in question to help us locate it.