Shipping Terms and Returns

MEDIPLAST AUSTRALIA PTY LTD TRADING TERMS

These Trading Terms cover issues associated with the trading relationship between Mediplast Australia Pty Ltd (Mediplast) and its transactional customers that are not dealt with in our conditions of sale, and may be changed at any time by Mediplast.

Mediplast will endeavour to give the purchaser reasonable notice of any change. Please also refer to the Conditions of Sale. To the extent of any inconsistency, the Conditions of Sale for Mediplast will prevail over these trading terms.

  1. ORDERING IN STANDARD SIZES

Refer to price list for minimum order quantities for each product.

  1. MINIMUM ORDER QUANTITY

The minimum order quantity is one pack for items sold as a pack, or one item for items sold individually.

  1. HANDLING SURCHARGE

A handling surcharge of $100 per order will apply if the purchaser places more than one order per week.

  1. EXPIRED STOCK

Mediplast will not accept claims for expired goods for credit/replacement UNLESS the goods were dispatched, ex-Mediplast, with less than nine (9) months to date of expiry AND Mediplast is notified within the month of expiry AND the goods were not sold specifically as short shelf-life products.

If any damage or shortage is noted on receipt of your merchandise, notify us with the relevant details within 10 days, to arrange for replacement stock to be sent.

  1. PRODUCT RETURNS AND REPLACEMENTS

You have the right to a repair, refund, or replacement of Mediplast goods or services if they do not meet one or more consumer guarantees.

If any damage or shortage is noted on receipt of merchandise, please notify us with the relevant details within 10 days, so that arrangements for replacement, repair or refund can be made.

Due to the medical nature of the Mediplast product range, we do not accept returns for change of mind or ordering error on your part.

We stand by our products and strive for customer satisfaction. In the event that you are not happy with the performance of your product, or you believe it is faulty please let us know.

Mediplast will accept returns for items that are found to be faulty (either used or unopened). Should a return be accepted, then depending on the nature of the product and the circumstances, rectification will be by way of credit note, refund, replacement, or repair. We will try and take your preference into account if possible.

To return a product suspected to be faulty, please first contact Mediplast Customer Care on 1800 622 492 or at customerseviceau@mediplast.com.  You will then be guided through the returns process form.

Once a return request is approved, Mediplast can arrange for the collection of your product/s. Any costs associated with returning an item will be charged to you if the product is not found to be faulty. If you elect to return the product yourself, please keep proof of the cost to return that was incurred, so that costs can be reimbursed if the product is found to be faulty on examination by Mediplast. In all instances Mediplast’s assessment will be final.

Once items have been received back to our warehouse and following any required investigation and finding of product fault, a replacement or repair will be organised, or a refund or credit note will be issued.

  1. TERMINATION OF ACCOUNT

Mediplast reserves the right to close any account that is not used for three consecutive months.

  1. PAYMENT TERMS

For purchasers that have been approved to receive goods on credit, the payment terms are 30 days from the end of the month in which the goods were invoiced. The purchaser must pay the amount invoiced including any tax or other charges.

For payment in advance purchasers, payment must be received in full prior to product being dispatched. If a product is not in stock, and a special order is required, payment must be made in full at time of order placement.  

MEDIPLAST AUSTRALIA PTY LTD  - CONDITION OF SALE

APPLICATION OF CONDITIONS OF SALE

  1. These conditions of sale govern the supply to the purchaser of all products (“Goods”) by Mediplast Australia Pty Ltd. They supersede all prior representations and agreements and override any inconsistent terms, unless agreed to in writing by Mediplast.
  2. Mediplast may change these conditions of sale at any time. Mediplast will endeavour to give the purchaser reasonable notice of any change.

RISK AND TITLE

  1. Unless otherwise agreed in writing, the risk in the goods passes to the purchaser on delivery.
  2. Until full payment is made for all goods:
    1. title to the goods shall not pass to the purchaser;
    2. the purchaser holds the goods as bailee of Mediplast.
    3. the purchaser owes fiduciary obligations to Mediplast
    4. the purchaser shall store the goods separately and in such a manner that they are clearly identified as the property of Mediplast; and
    5. Mediplast may enter the premises of the purchaser and take possession of the goods.
  3. The purchaser must pay to Mediplast the proceeds of sale of any goods for which Mediplast has not received payment, and the purchaser holds those proceeds on trust for Mediplast until payment for the proceeds of sale is made to Mediplast.

PRICE

  1. Mediplast will invoice the purchaser for the goods at the price current at the date of dispatch of the order, unless otherwise agreed in writing.
  2. The purchaser is responsible for any tax or governmental charges, including Goods and Services Tax (“GST”), imposed on the sale of the goods by Mediplast to the purchaser and such charges will be added to the total invoice price.

WARRANTY AND LIABILITY

  1. Mediplast excludes all liability in connection with Goods (or advice regarding Goods) supplied to the purchaser other than that which may not be excluded under the Trade Practices Act or other relevant legislation.
  2. Mediplast liability under any non-excludable condition or warranty (other than a condition implied by section 69 of the Trade Practices Act) is limited to any one of the following as determined by Mediplast:
    1. the replacement of the goods or the supply of equivalent goods; or
    2. the refund of the price paid by the purchaser for the goods.

PURCHASER DEFAULT

  1. In the event that:
    1. the purchaser fails to pay when due an amount  owing to Mediplast or breaches any other provision of these terms;
    2. any step is taken to enter into any arrangement between the purchaser and its creditors;
    3. the purchaser ceases to be able to pay its debts as they become due or to carry on business; or
    4. any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of the customer’s assets or business;then

      Mediplast may do any or all of the following (in addition to any other rights Mediplast may have);

    5. require the purchaser to pay immediately all amounts invoiced or unpaid, or to pay in advance of or on delivery;
    6. suspend or cease supplying goods to the purchaser (whether or not the purchaser has ordered goods that are yet to be supplied); and
    7. enter the purchaser’s premises and take possession of goods for which payment has not been

The purchaser must notify Mediplast in writing immediately on occurrence of any of the events in paragraphs b, c, and d.

DISTIBUTORS AND WHOLESALERS

  1. a) Onlyauthorised distributors/wholesalers may on sell Mediplast products.
  2. b) all authorised distributors must agree to, and sign  a Mediplast distributor agreement including compliance documentation, and renew such documentation as required from time to time.
  3. c) any product on sold by a distributor or wholesaler must be sold in TGA approved pack sizes only.

FORCE MAJEURE

  1. Mediplast’s obligations to perform in accordance with these terms and conditions will be suspended for the duration of any delay arising out of anything outside Mediplast’s control including war, strikes, lockouts, raw material or labour shortages, and accidents or breakdowns of plant or machinery. Mediplast shall not be under any liability in respect of such suspension, and in particular Mediplast will be under no obligation to deliver at any future date any goods not delivered during the period of suspension.

GOVERNING LAW

The supply of goods by Mediplast to the purchaser is governed by the law of the State of New South Wales.