These Terms and Conditions of Supply (Terms and Conditions) apply to any and all products and services supplied by or on behalf of Coastcare Medical Equipment Hire & Sales Pty Ltd (Coastcare Medical Equipment Hire & Sales) to the customer identified overleaf, notwithstanding anything that may be stated to the contrary in Customer’s enquiries, on Customer’s orders or in Customer’s terms and conditions, save that where Customer and Coastcare Medical Equipment Hire & Sales have entered into a separate agreement for the supply of products and services the terms of that agreement will apply.
1 Price and Payment
1.1 Customer agrees to pay the prices stated for the products and services. Unless otherwise specified, the prices do not include the costs of insurance. Goods and services tax which shall be payable by Customer will be included in Customers Invoice where applicable.
1.2 Customer must pay for the amount invoiced for the products and services within thirty (30) days of Coastcare Medical Equipment’s invoice. Thirty (30) day payment terms only apply where a Customer has successfully been assessed and permitted a credit limit, in all other cases the Customer must pay for the amounts invoiced- prior to receiving goods or services.
1.3 Unless Coastcare Medical Equipment Hire & Sales otherwise agreed in writing, if Customer does not pay any amount invoiced by the due date, then in addition and without prejudice to any rights or remedies available to Coastcare Medical Equipment Hire & Sales:
- Coastcare Medical Equipment Hire & Sales reserves the right to impose administration fees in certain circumstances. These fees may apply when Coastcare is required to commence debt collection services due to late or non-payment of invoices or for other administrative tasks as determined by Coastcare.Notification of Administration Fees: In the event that administration fees are to be imposed, Coastcare will provide written notice to the relevant party. This notice will include details of the fees, the reason for their imposition, and any relevant deadlines or payment instructions.
Debt Collection Services: Administration fees may be incurred when Coastcare is required to engage the services of a debt collection agency or take legal action to recover outstanding debts. These fees are intended to cover the costs associated with such actions, including but not limited to, administrative expenses, legal fees, and collection agency fees.
Fee Calculation: The amount of the administration fees will be determined by Coastcare, taking into consideration the actual costs incurred as a result of the debt collection or administrative tasks. The specific amount will be communicated in the written notice provided to the relevant party.
Payment of Administration Fees: The administration fees must be paid by the party against whom the fees are imposed within the specified timeframe stated in the notice. Failure to pay the administration fees within the stated timeframe may result in additional fees or penalties as outlined in our payment terms.
Disputes and Refunds: If the relevant party believes the imposition of administration fees is unjust or unwarranted, they may submit a dispute in writing to Coastcare. Coastcare will review the dispute and may, at its discretion, waive or modify the administration fees. Refunds of administration fees already paid will be considered on a case-by-case basis.
Modifications and Amendments: Coastcare reserves the right to modify or amend these administration fee terms and conditions at any time. Any changes will be communicated to the relevant parties in writing, and the modified terms will apply to all administration fees imposed after the effective date of the modification or amendment.
- All amounts invoiced to or owing by Customer will become immediately due and payable;
- Coastcare Medical Equipment Hire & Sales reserves the right to withhold any or all products and services including any service reports, testing results or other services or documentation;
- Coastcare Medical Equipment Hire & Sales may enter into Customer’s premises and take back any products and Equipment supplied by or on behalf of Coastcare Medical Equipment Hire & Sales and to the maximum extent permitted by law, Coastcare Medical Equipment Hire & Sales accepts no liability whatsoever in connection with its performance or non-performance of its obligations under these Terms and Conditions.
1.4 If Customer does not pay any amount by the due date, Customer will be liable for all costs reasonably incurred by Coastcare Medical Equipment Hire & Sales in connection with any debt recovery, legal proceedings or other action taken by Coastcare Medical Equipment Hire & Sales to enforce payment. The amount of such costs will be added to Customer’s account and will form part of the principal debt.
1.6 Coastcare Medical Equipment Hire & Sales may, at its discretion, suspend credit to Customer without notice at any time.
2 Delivery
2.1 Coastcare Medical Equipment Hire & Sales will use its reasonable endeavours to deliver the products and services to Customer in accordance with any agreed delivery requirements, but time of delivery shall not be of the essence and Coastcare Medical Equipment Hire & Sales will have no liability to Customer (whether for loss or damage or otherwise) if, notwithstanding such endeavours, there is a delay in delivery. If the products and services are not delivered in accordance with any delivery requirements, Customer is not relieved from its obligations to purchase and pay for the products and services.
2.2 In addition to any other rights and remedies available to it, Coastcare Medical Equipment Hire & Sales will be entitled to withhold delivery of any products and services, cancel any order for products and services or discontinue supplying products and services to Customer until such time as any amounts due and owing by Customer to Coastcare Medical Equipment Hire & Sales are paid.
2.3 Customer agrees to be bound by Coastcare Medical Equipment Hire & Sales’s Freight Policy outlined in clause 8 (and as communicated to Customer from time to time) and to pay any charges set out in the Freight Policy as and when required.
2.4 Customer must inspect the products immediately after delivery. Subject to clause 6.2(a) and to the full extent permitted by law, any products returned by Customer to Coastcare Medical Equipment Hire & Sales will be handled in accordance with Coastcare Medical Equipment Hire & Sales’s Returns Policy communicated to Customer from time to time. Any products not so returned will be deemed to be accepted by Customer. All returns are to be notified within 14 days of receipt of goods.
3 Risk
3.1 Unless otherwise agreed by Coastcare Medical Equipment Hire & Sales in writing, the risk of loss and damage to products passes to Customer on delivery to Customer or to Customer’s carrier or agent, whichever occurs earlier.
4 Equipment
4.1 Coastcare Medical Equipment Hire & Sales may provide equipment to Customer for Customer’s use (Equipment). All Equipment remains at all times the sole and exclusive property of Coastcare Medical Equipment Hire & Sales in accordance with clause 5. Any software and documentation provided by Coastcare Medical Equipment Hire & Sales with the Equipment remains at all times the sole and exclusive property of Coastcare Medical Equipment Hire & Sales and must only be used by Customer for purposes authorised by Coastcare Medical Equipment Hire & Sales.