WHOLESALE MEDICAL SUPPLIES LTD TRADING AS MEDENT MEDICAL
WEBSITE TERMS AND CONDITIONS OF SERVICE
OVERVIEW
This website is operated by Wholesale Medical Supplies Limited ("WMS"), New Zealand registered company, number 1484887, trading as Medent Medical.
Throughout the site, the terms "we", "us" and "our" refer to WMS. By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by the following website terms and conditions ("Terms of Service", "Terms"). These Terms of Service apply to all users of this web site ("you" or "Customer"). If you do not agree to these Terms, then you are not authorised to access and use this website and you must immediately stop accessing the website.
These Terms should be read in conjunction with our Privacy Policy. All transactions between WMS and the Customer through this website will be subject to these Terms. We may amend these Terms at any time by updating them on our website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms and by continuing to access and use the website, you agree to be bound by the changed Terms. We may change, suspend, discontinue or restrict access to, the website without notice or liability. The headings used in these website Terms are included for convenience only and will not limit or otherwise affect these website Terms. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third- party websites. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependants to use this site.
1. ORDERING
1.1 To ensure safe handling and minimise breakages in transit some items sold through our website are only supplied in "minimum order" packaging. Orders for less than the "minimum order" quantity will be rounded to the nearest "minimum order" quantity, and the Customer will be required to pay for all goods supplied.
1.2 WMS reserves the right to refuse any order the Customer places with us or limit or cancel quantities purchased or cancel the acceptance of any order for goods. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
1.3 WMS may withhold delivery of any goods (whether or not an order has been accepted) for non-payment or a material breach of any of these conditions of sale. WMS uses reasonable endeavours to deliver orders as soon as practically possible from the date of payment of the Customer's order.
1.4 WMS may cancel any order accepted by WMS, or refuse delivery of the goods or provision of any services if the Customer:
(a) Fails to make any payment as provided in these terms or under the payment terms set forth in any invoice or as otherwise agreed between WMS and the Customer;
(b) Fails to meet reasonable credit or financial requirements established by WMS (if any), including any limitations on allowable credit; or
(c) Otherwise fails to comply with these Terms or any other agreement; or
(d) WMS has reasonable grounds to doubt the Customer's solvency and the Customer does not make arrangements satisfactory to WMS to allow the restoration of credit (if any); or
(e) Is not eligible pursuant to the Medicines Act 1981 or related regulations, to purchase the goods or services; and Any such cancellation refusal or delay by WMS does not constitute a termination of any agreement with the Customer (unless WMS so advises the Customer) or breach of any such agreement or these Terms by WMS.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
2.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2.2 Occasionally there may be information on our website or in our service that contains typographical errors, inaccuracies or omissions that may relate to goods descriptions, pricing, promotions, offers, goods shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on our website is inaccurate at any time without prior notice (including after you have submitted your order).
3. PASSING OF RISK AND TITLE
3.1 The goods purchased through this website remain at WMS risk until delivered to the Customer, when risk in the goods passes to the Customer. Delivery occurs when possession or control of the goods passes to the Customer, its agent or carrier.
4. RETURNS POLICY
4.1 If your purchased goods are faulty, damaged on arrival or not working and is within their warranty period, you will need to lodge a return request.
4.2 All returns must have a Return Authority Number ("RAN") clearly shown on external return packaging. A RAN is available by telephone or fax through Customer Service. The issue of a RAN does not mean the returned goods will be accepted or a credit will be granted.
4.3 Packs of returned goods must be original, unopened, unmarked and in saleable condition and in their original unbroken shipping units. WMS may reject returned goods that do not comply with this condition unless WMS has requested their return or the goods were defective at the time of supply and compliance is not possible.
4.4 Items not standard WMS stock lines, that were specifically ordered by WMS at a Customer's request will not be accepted for credit under any circumstance unless defective at the time of supply.
4.5 All goods must be returned and any claims must be communicated to WMS within seven (7) days of delivery, request for return by WMS or discovery of a defect in the goods.
4.6 Goods returned for credit must also be accompanied by a copy of a WMS packing slip or invoice, or documentation showing the Customer's name and date of purchase and a notation clearly stating the reason for return and RAN.
5. PRODUCT RECALL
5.1 In the event any goods are recalled for any reason, including because of a legal or regulatory requirement or order to recall, or at the request of WMS, WMS shall be responsible for such goods recall including management of the issue and circumstances giving rise to the recall of the goods including dealing with regulatory authorities in this regard, except as required by applicable law.
6. MODIFICATIONS TO THE SERVICE AND PRICING
6.1 Prices for goods in our Service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following posting of changes to these Terms constitutes acceptance of those changes.
7. GST
7.1 All prices quoted or listed are exclusive of goods and services tax. The Customer must , pay to WMS all goods and services tax in respect of supply of those goods at the same time as payment of the order to which it relates.
8. ORDERS
8.1 Orders made through our website are subject to the availability of goods to us.
9. LIMITATION OF LIABILITY
9.1 Subject to clause 10.3 except for any express written warranty in these Terms or otherwise provided to the Customer, WMS provides no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for purpose or otherwise and any warranties expressed or implied by law or statute (including the Contract and Commercial Law Act 2017), in respect of our goods and services whether in respect of quality, fitness for intended purposes or otherwise, are excluded to the maximum extent permitted by law.
9.2 To the extent permitted by law, the liability of WMS for a breach of a warranty or condition implied by law about goods sold, is at the option of WMS, limited to the replacement of the goods, the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or payment of the cost of having the goods repaired.
9.3 In no event shall WMS, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your access or use of this website or any related loss, damage, cost, expense or claim you may have of any sort.
10. NZ CONSUMER GUARANTEES ACT 1993 AND FAIR TRADING ACT 1986
10.1 If the Customer is acquiring goods or services for the purposes of a trade or business or for commercial or investment purposes, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of goods or services by us to the Customer.
10.2 If the Customer is acquiring goods or services for the purposes of a trade or business the Customer agrees it has ordered goods or services based on its own judgement and the Customer does not rely on any representation made by us in respect of any aspect of the goods or services supplied and accordingly WMS and the Customer agree to contract out of sections 9, 12A, 13 of the Fair Trading Act 1986.
10.3 Notwithstanding any other provision in these Terms, where the goods or services are supplied for personal, domestic or household use by the Customer, these Terms shall be read as subject to the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 and the above clauses 10.1 and 10.2 do not apply.
11. FORCE MAJEURE
11.1 Neither WMS nor the Customer shall be liable for any default, delay or failure to perform any obligation in whole or in part under these Terms due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm, pandemic, epidemic or other event beyond the reasonable control of either WMS or the Customer.
12. PROHIBITED USES
12.1 Your use of our website must be carried out in good faith and in addition, you are prohibited from using the website or its content:
(a) For any unlawful purpose;
(b) to submit false or misleading information;
(c) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the internet;
(d) to collect or track the personal information of others;
(e) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(f) to data mine, data harvest, data extract or similar activity;
(g) to engage in any advertising or marketing;
(h) for any obscene or immoral purpose; or
(i) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge and agree that WMS and or its licensors have copyright in this website, designs, logos, names, brands, photographs, digital images, videos and all other writings of us in terms of the Copyright Act 1994 and you agree that you are granted a limited license to use only, for the purpose of viewing the material contained on this website and you shall comply with all terms and conditions relating to our copyright materials as may be posted on our website, or otherwise provided to you from time to time.
13.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or access to the website or any contact on the website through which our goods or Services are provided, without express written permission by us.
14. PERSONAL INFORMATION
14.1 Your submission of personal information through the website is governed by our Privacy Policy.
15. THIRD PARTY LINKS
15.1 Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
15.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
16. CUSTOMER INDEMNITIES AND WARRANTIES
16.1 The Customer acknowledges there are safety and regulatory requirements in relation to medical products and to keep within current safety and regulatory requirements.
16.2 The Customer agrees to and warrants it will provide WMS with accurate information about its entitlement to purchase any restricted products and to only purchase from WMS those items to which the Customer is legally entitled.
16.3 The Customer indemnifies WMS from and against all liabilities, costs, expenses, damages, (including legal costs on a full indemnity basis whether incurred by or awarded against a party) including those associated with any third party claim, and whether arising under contract, tort (including negligence) or otherwise shall WMS or its directors, principals, employees, contractors or agents sustains or incurs (directly or indirectly) arising out of or resulting from:
(a) Any breach of these Terms by the Customer;
(b) Any contravention of applicable laws or regulations by the Customer, including export and import law control;
(c) Any claim by any third party arising from any act or omission of the Customer in connection with these Terms (whether negligent or not), including (but not limited to) any misrepresentations, warranty or agreement, express or implied made by the Customer with respect to WMS, or any third party supplier or manufacturer of the goods supplied by WMS or services provided by it;
(d) Without limiting clause (b), any negligent, wilful, reckless or unlawful act or omission of, or any intentional misconduct by the Customer in connection with these Terms; or
(e) Any claim by the Customer, to the extent that such claim is beyond the scope of WMS's liability to the Customer under these Terms.
17. ASSIGNMENT
17.1 WMS is permitted to assign, transfer, and subcontract its rights and/or obligations under these website Terms without any notification.
17.2 You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these website Terms without the prior written consent of WMS.
18. SEVERABILITY
18.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. ENTIRE AGREEMENT
19.1 These website Terms constitute the entire agreement between WMS and you in relation to your use of this website and supersede all prior agreements and understandings.
19.2 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
20. GOVERNING LAW
20.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
