Terms & Conditions

Overview
MediTools Pty Ltd (ABN: 88 436 634 289) (we, us, our, company, and other similar expressions) are used to explain the Terms & Conditions. We encourage you to read this policy carefully so that you understand our terms of business.

These terms and conditions will apply to sales of goods and services by MediTools and are the only contractual terms that bind MediTools except as otherwise agreed to in writing by MediTools. Any quotation made by the MediTools is regarded as an offer, not an obligation to sell. MediTools reserves the right to accept or reject all orders it receives in its absolute discretion. Quotations issued by MediTools are valid for 30 days.

All prices mentioned on our website are in Australian Dollars (AUD) and unit prices unless otherwise stated. We reserve the right to amend the unit prices quoted. Unless otherwise expressly stated, all prices are exclusive of taxes, imposts, and duties, including GST, and taxes, imposts, and duties, including GST, are payable by the Purchaser in addition to the price of the goods.

The information provided on the MediTools website has been compiled for your convenience. MediTools makes no warranties about the accuracy or completeness of any information contained on this website.
MediTools, including its directors, affiliates, officers, employees, agents, contractors, successors, and assigns, will not accept any liability for any loss, damage, or other injury resulting from its use.
Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use. In no event will MediTools be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this site or the products to which the information refers.
Links to other websites are provided for your convenience, and MediTools is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of that website, or any products or services offered on that website, by MediTools. MediTools will not accept any liability for the use of those links to connect to websites that are not under our control.
The limitation on liability applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption, or the loss of data or information.
MediTools holds the copyright to this website. MediTools grants you a limited license to download this website for personal use only. You are not permitted to reproduce or alter this website, or any copy of it, for any other purpose without the prior express written consent of MediTools.
MediTools reserves the right to make changes, modifications, additions, deletions, and corrections to the website at any time and without any prior notice.

Disclaimer and Limitation of Liability as to Products Sold
Although the information and recommendations at MediTools website are presented in good faith and believed to be correct, information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will MediTools be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information from this site or the products to which the information refers.

All of MediTools’s products are guaranteed against defects for 30 days from the date of the invoice.

EXCEPT AS EXPRESSLY STATED HEREIN, MediTools MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE MediTools WEBSITE. EXCEPT AS EXPRESSLY STATED HEREIN, MediTools EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MediTools ARISING FROM ANY PRODUCT SOLD ON THE MediTools WEBSITE SHALL BE THE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL MediTools, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCT SOLD.

Customer Acknowledgements and Responsibilities: The Customer represents, warrants, and covenants that it:
(a) Shall thoroughly test, inspect, and evaluate the Instruments prior to and during use to ensure suitability for their intended purpose;
(b) Shall use the Instruments strictly in accordance with prevailing industry standards, best practices, and all applicable federal, state, and local laws, regulations, codes, and ordinances;
(c) Acknowledges that the Instruments are classified as Class I medical devices by the Therapeutic Goods Administration (TGA), signifying the lowest risk category; and
(d) Assumes sole and absolute responsibility and liability for the selection, application, and consequences of the use or misuse of the Instruments.

Authorize Purchaser
Some tools may be subject to regulation by the TGA and state and local regulatory agencies. Purchaser declares responsibility as authorized purchaser if the item is subject to TGA, state or local regulation.

Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MediTools shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MediTools shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MediTools shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that MediTools is not responsible for the operation of or content located on or through any such site.

Third-Party Patent
We do not sell any patented/registered products on MediTools. In case you find a product that has been listed by mistake or without our knowledge of it being patent to you, you should inform us and we will take appropriate measures.

Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MediTools reserves the right at any time after receipt of your order to accept or decline your order for any reason. MediTools reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. For bulk supplies, please contact MediTools at [email protected]

Payment Methods
We accept PayPal, and PayPal accepts all major credit cards, including Visa, MasterCard, American Express, JCB, and Dinner Club. There is no surcharge for using your credit card to make purchases with MediTools. Please be sure to provide your exact billing address and telephone the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order.

Order Dispatch Policy
Usually, we keep stock of the most common instruments, and we ship in 5-6 days after receiving orders. However if we do not have stocks of the required products, we will manufacture them for our valued customers. This might take 3-4 weeks time depending on the product's nature.

Delivery
Where the Company has agreed to deliver goods to the Purchaser’s warehouse and those goods are lost or damaged as a result of an act, neglect or default of the Company, the Company’s liability to the Purchaser is limited to either the replacement or repair of any goods lost or damaged. Any claims against the Company for such loss or damage must be made within three (3) days of the date of delivery. The Purchaser indemnifies the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, as a result of the Purchaser failing to take delivery of goods as agreed with the Company.

Acceptance
The Purchaser must notify the Company in writing, within seven (7) days of the date of delivery, of any non-compliance with the order (subject to the usual trade tolerances relating to weight, dimension, and processing). If the Purchaser fails to give that notice, then, to the extent permitted by law, the goods shall be deemed to have been accepted by the Purchaser, and the Purchaser must pay for the goods in accordance with the order and these terms and conditions.

Risk
Risk in goods supplied by the Company passes on delivery to the Purchaser or its agent. If the Purchaser fails to take possession of the goods within seven (7) days of being notified that the goods are ready for delivery:

risk in those goods passes to the Purchaser;
the Purchaser must pay for the goods in accordance with these conditions of sale; and
The Purchaser will indemnify the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, as a result of such failure.

Warranties
The only conditions and warranties that are binding on the MediTools in respect of the state, quality, or condition of the goods supplied by it to the Purchaser or in respect of any service provided to the Purchaser are those imposed and required to be binding by law (including the Trade Practices Act 1974). With respect to the supply of goods, to the extent permitted by law, the liability of the Company arising from the breach of such conditions or warranties is, at the Company’s option, limited to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired. With respect to the supply of services, to the extent permitted by law, the liability of the Company arising from the breach of such conditions or warranties is, at the Company’s option, limited to the supply of the services again or the payment of the cost of having the services supplied again. All other conditions and warranties, in respect of the state, quality or condition of the said goods or the supply of services which may apart from this clause be binding on the Company are expressly excluded.

Except to the extent provided above the Company will not be liable (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the goods, or any services supplied by the Company including without limitation any failure, breakdown, defect or deficiency in the goods even if the Company has been advised of the possibility of such loss or damage. If, despite the above limitations, the Company is found liable for any loss or damage arising out of or in relation to any goods or services supplied by the Company then to the maximum extent permitted by law the liability of the Company will in no event exceed the amount paid to the Company for those goods or services.

Privacy
MediTools is committed to protecting your personal privacy. Our Privacy Policy tells you how we collect, store, use and disclose your personal information. We encourage you to read our policy carefully so that you understand our information-handling practices more…

Governing Law and Jurisdiction
This Agreement, and any disputes arising hereunder, shall be governed by, interpreted, and enforced in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of laws principles. The parties hereby irrevocably consent and submit to the exclusive jurisdiction of the competent courts located in the State of Victoria for the resolution of any disputes arising out of or relating to this Agreement or the Instruments. The parties agree that this Agreement is deemed to have been executed and performed within the State of Victoria.

This site is owned and operated by MediTools Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of MediTools, Copyright © 2015, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without MediTools' prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws.

The use of MediTools custom graphics, icons, logo,s and service names are registered trademarks, trademarks, or service marks is strictly prohibited without MediTools' written consent.