Terms & Conditions

Medicom Online Terms and Conditons

 

SHIPPING AND DELIVERY INFORMATION

Please allow 3-5 working days from receipt of your order. Please note your order requires a signature for delivery.

 

PAYMENT SECURITY AND PRIVACY POLICY

Security

To ensure that your personal details are kept secure in transit on the Internet, we use a digital certificate to encrypt the data going to and from the web site.

 

Privacy Policy

Given the transactional nature of our site, we need to collect personal

information such as name, address, phone number and email address in

order to communicate with you about your order, and also to deliver your

products to you! Medicom complies with the Privacy Act 1993. All

order information and your personal details are private and confidential.

They cannot be accessed by any other party.

 

CREDITS & RETURNED GOODS POLICY

Returning Goods

We are committed to ensuring you are satisfied with your purchase,

and that you have received the right products, delivered in full and in

accordance with your expectations.

Where this does not occur, we are happy to accept returns for goods

that are ordered in error, sent in error or do not meet product quality

expectations. We ask that you contact us within 2 working days of receipt

of the product to obtain a Returned Goods Authority (RGA) Number. Please

do not send goods back without an RGA number, as we cannot

guarantee they will be received or placed back into stock.

When you contact us to obtain an RGA number, we will provide you with

a label to affix to the item for return.

To assist in processing your returns we require the goods to be in

the original packaging without any stickers or labels attached to the

packaging. If you are sending it back to us, please place an outer cover, or

packaging around the original item.

Sensitive or Sterile Products / Indent / Buy In Items

Please be aware that due to the sensitive nature of some products (e.g.,

sterile products), we may not be able to accept these back.

Check with us before placing your order to ensure you understand

which products this may include.

Where goods have been ordered for you specifically (i.e., we have

purchased this item based on your order – as a Indent/Buy-In Item), we

may not be able to accept it back unless the manufacturer of the goods

agrees to take them back.

Refund / Credit

Where we have sent the goods in error, you have received an incorrect

product or the goods are damaged, we will provide you with a full refund/

credit for the amount of the goods. The payment will be processed using

the original method of payment, unless otherwise requested.

Postage and delivery costs are non-refundable for all returns, unless goods

are damaged in transit.

Where the return occurs as a result of customer error, we may charge a

minimal restocking fee to cover our costs associated with collecting the

goods and placing them back into our Warehouse.

 

STOCK UNAVAILABLE

In the case you place an order for product that subsequently becomes

unavailable, the remainder of your order will proceed, and the stock that

goes on to back order will be delivered on a subsequent delivery docket.

 

CONTACT US

If you have any queries or would like to contact us in regards

returning a product, please feel free to call us on 0508 633 4266. Alternatively, you can

contact us by email at [email protected]

 

TERMS OF TRADE

Any Goods supplied by us to you shall be subject to these Terms unless we

agree in writing to change them. If you accept Goods from us, that action

by you will be deemed to be acceptance of these Terms, notwithstanding

anything that may be stated to the contrary in your enquiries or your

order.

 

PRICE

Unless otherwise agreed in writing all freight, insurance, delivery and

travel charges will be additional to any price quoted. Unless otherwise

agreed in writing any quoted price may be altered prior to delivery of

Goods to you, if our costs fluctuate materially. We may withdraw any

quotation before it is accepted, and in any event any quotation will lapse

30 days after it is given without notice. GST will be payable by you as an

additional amount on all prices and charges.

The price for Goods will be either as quoted to you in writing or, if

no written quote is provided, pursuant to our standard charges applying at

the time.

 

PAYMENT

Unless otherwise agreed in writing you must pay for Goods by the 20th

day of the month following the date of the invoice relating to those Goods.

If full payment for the Goods is not made on the due date, then without

prejudice to any other remedies available to us:

• We may cancel or withhold supply of further Goods;

• Interest on monies overdue shall be charged on a daily basis and be

calculated by adding 3% per annum to the overdraft rate payable by us

to our bankers at the time of and during such default, and interest shall

continue to accrue both before and after judgment.

You shall be responsible for all costs incurred by us in recovering

such monies.

We may from time to time vary your credit limit with us at our discretion,

in relation to further purchases of Goods. If any acquisition would be in

excess of your credit limit, we reserve the right to require payment in cash

prior to delivery of the Goods, of the amount by which the cost exceeds

your credit limit.

We shall have a full right of set-off with respect to amounts owed by you to

us under these Terms, in relation to any monies owing by us, or any of our

related companies, to you howsoever arising.

Your obligation under these Terms shall be to pay the full amount

owing under these Terms free of all deductions or rights of set off.

 

OWNERSHIP

Ownership in the Goods shall not pass upon delivery, but shall remain with

us until full payment for all monies owing by you to us have been made.

Until all monies have been paid:

• You hold the Goods supplied as fiduciary for us and will deal with

them as agent for and on behalf of us (but will not hold yourself out as

our agent to any third parties);

• You shall store our Goods separately consistent with the Goods being our

property, and ensure such Goods are able to be separately identified;

• If you resell the Goods supplied the proceeds of any resale will belong to

us, and you will pay the same into a separate account for which separate

records are kept, and all claims which you hold against third parties will

be handed over to us;

• You irrevocably give us and our agents the right to enter your premises,

to remove any of the Goods supplied and resell them;

• You agree to indemnify us (and our agents) against any liability incurred

in connection with such entry and removal.

 

RISK AND DELIVERY

Unless otherwise agreed, you shall be responsible for the cost of and

arranging transportation of all Goods. If we are delivering the Goods to

you, we will use our best endeavours to see that deliveries are made

according to schedule, but shall not be responsible for delivery delays due

to causes beyond our control.

Risk in respect of the Goods sold shall pass to you when the Goods

are delivered to you or your carrier, or the time you pay for the Goods,

whichever is the earlier. It is your responsibility to insure the Goods, even

if we have arranged transportation of the Goods.

 

WARRANTIES

Except to the extent of written warranties given by us to you, all

warranties and representations in respect of Goods supplied are excluded,

including (to the extent permitted by law) those expressed or implied

by law. Where any written warranty conflicts with clauses 6.2 or 6.3 the

provisions of clauses 6.2 and 6.3 as applicable shall apply.

We shall not be liable:

• Where you have altered or modified the Goods, mis-applied the Goods,

or have subjected them to any unusual or nonrecommended use,

servicing or handling;

• For loss caused by any factors beyond our control;

• For any indirect or consequential loss of any kind;

• For any second hand Goods;

• Where the terms of any written warranty have not been complied with,

or any manufacturers’ handbook provided to you has not been complied

with.

Our total liability under any warranty for defective or damaged Goods

supplied by us is limited at our option to either:

• Replacing or repairing the defective or damaged Goods; or

• Refunding the price of the defective or damaged Goods.

Any return of Goods and/or request for credit on Goods returned shall be

subject to the following conditions:• Prior authority to return the Goods is required from us;

• The Goods must be undamaged and unopened;

• A covering note must be enclosed with the Goods. This return note

must quote the number and date of our original invoice for the Goods

returned;

• Freight is your responsibility.

The risk of any loss, damage or deterioration of Goods returned to us will

remain with you until the Goods have been received and inspected at our

premises.

If required to do so by us, you must be able to show proof of delivery of

returned Goods. Failure to comply will result in a repudiation of any claims

made by you against us for the returned Goods in question.

If we allow Goods to be returned by you, the level of credit given to

you is at our discretion.

No Goods will be accepted for return after 30 days from delivery.

Indent orders and vaccines are non-returnable for credit. All claims

against us for shortages and breakages must be made in writing within

seven days of receipt of Goods by you.

 

GENERAL TERMS

Mediation: If a dispute arises, the parties may agree to settle the dispute

by mediation before resorting to litigation or arbitration.

Cancellation: You may not cancel any order for Goods or services or part

of it without our written consent. If you do so, in addition to any other

rights we may have, we may retain any deposit paid.

Waiver or Variation: Waiver or variation of these Terms by us will only be

effective if given in writing by an authorised person. If we waive any of

these Terms the waiver will not affect our rights under these Terms at any

future time.

Governing Law: These Terms will be interpreted in accordance with and

governed by the laws of New Zealand and the New Zealand courts will

have non-exclusive jurisdiction in respect of all matters between us.

The Privacy Act: You and any guarantor (if relevant) authorise us to

collect and hold personal information from any source we consider

appropriate to be used for the purposes of determining credit worthiness,

for communicating promotional activities and product information by us,

for debt collection purposes, or for any other related purpose. You further

authorise us to disclose personal information held by us for the purposes

set out above to any other parties. You understand that you have a right

of access and may request correction of personal information held by us

about you.

Consumer Guarantees Act (CGA): If the CGA applies, these Terms shall be

read subject to your rights under the CGA, provided that where you are

acquiring Goods or services for business purposes the CGA shall not apply.

PPSA

Security: You acknowledge and agree that by assenting to these

Terms, you grant a security interest (by virtue of the retention of

title clause in clause 5 of these Terms) to us in all Goods previously

supplied by us to you (if any) and all after acquired Goods supplied

by us to you (or for your account).

Financing statement: You undertake to:

• Sign any further documents and/or provide any further information

(which information you warrant to be complete, accurate and up-todate

in all respects) which we may reasonably require to enable registration

of a financing statement or financing change statement on the Personal

Property Securities Register;

• Not register a financing change statement or a change demand in

respect of the Goods (as those terms are defined in the PPSA) without

our prior written consent; and

• Give us not less than 14 days prior written notice of any proposed

change in your name and/or any other change in your details (including,

but not limited to, changes in your address, facsimile number, trading

name or business practice).

Waiver and Contracting Out:Unless otherwise agreed to in writing by us

you waive your right to receive a verification statement in respect of any

financing statement or financing change statement relating to the security

interest.

To the maximum extent permitted by law, you waive your rights and, with

our agreement, contract out your rights under the sections referred to in

section 107(2)(c) to (i) of the PPSA.

You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA

shall apply to these Terms and, with our agreement, contract out of such

sections.

You and we agree that section 109(1) of the PPSA is contracted out of

in respect of particular Goods if and only for as long as we are not the

secured party with priority over all other secured parties in respect of

those Goods.

 

DEFINED TERMS

Goods means all Goods supplied from time to time by us to you,

provided that:

• Where the Goods supplied are your Inventory, then all references to

Goods in these Terms shall, in respect of those Goods, be read as

references to Inventory; and

• Where the Goods supplied are not Inventory then all references to

Goods in these Terms shall, in respect of those Goods, mean the Goods

described in any one or more of the relevant order form, packing slip

or invoice (or its equivalent, whatever called) relating to those Goods,

on the basis that each such order form, packing slip or invoice (or its

equivalent) shall be deemed to be incorporated in, and form part of,

these Terms.

Inventory has the meaning given to that term in the PPSA.

PPSA means the Personal Property Securities Act 1999 as amended

or substituted from time to time.

Terms means these terms of trade.

Unless the context otherwise requires, words and phrases shall

have the meanings given to them in, or by virtue of, the PPSA