Terms and Policys
Terms and Policy -Version 20th Dec 2010
Whilst every effort is made to provide a high level of service as well as customer satisfaction, the following Police and Procedures apply to every order placed with Dentplex Pty Ltd.
Definitions
In these Policies and Procedures:
(1) "We", “our”, "us", and "Dentplex" means Dentplex Pty Ltd.
(2) "You" and "your" means the party to whom the goods and services are to be sold.
Customer-Service/Technical-Support
Department Hours are Monday to Friday 9AM to 5PM AEST (excluding public holidays). Saturday 10am-4Pm AEST
Customer Service/Technical Support is available by phone (02) 9705-8727, fax (02) 9705-8733 or email: service@dentplex.com.au
Agreement to and Variation of Policies and Procedures
By accepting delivery of goods or performance of service, you will be deemed to have agreed to the Polices and Procedures of Dentplex Pty Ltd as laid out in this document.
These Policies and Procedures cannot be varied on any sale or service without the written consent of an appointed Director of Dentplex Pty Ltd.
Price
All prices given are in Australian Dollars, and unless otherwise indicated, are recommended retail prices. Price lists do not include Goods and Services Tax, unless otherwise specified.
Prices included within all Dentplex Pty Ltd Price Lists are subject to change without notice. All prices are F.O.B Summer Hill, New South Wales, Australia
Placement-Orders
Select and place your order carefully. Make sure to include the following information with your order
· Purchase Order Number
· Colour (where applicable)
· Purchase Order Date
· Date Required
· Quantity Required
· Method of Dispatch
· Part/Model Number
· Name of Person placing order
· Stock cannot be reserved without prior authorization by us accompanied by a written order, and cannot be, Reserved for more than the number of days agreed to.
We reserve the right to decline any order.
Trading Terms
Sale of Goods or Performance of Service are strictly on a COD basis unless a completed account application form has been received by us and accepted by an appointed Director of Dentplex Pty Ltd.
For all sales made on account, payment terms are strictly thirty (30) days from date of invoice. Outstanding amounts falling outside account period are subject to having the account being put on hold until payment is made of all outstanding amounts. We reserve to right to charge an accounting fee of 1.5% per month for all outstanding accounts.
Product Specifications
Product specifications or designs are subject to change without notice by the manufacturer or by Dentplex Pty Ltd with no obligation to supply and/or install earlier specification
Freight-Insurance
All goods are sent freight and/or postage added. No credit will be given on freight, insurance and/or postage if goods are returned for credit and repair.
Method of Delivery is chosen but Dentplex unless otherwise instructed unless otherwise listed on invoice; insurance is paid for by the purchaser. Where insurance is charged by us, rates are chosen to best protect the article and are done so at our discretion (unless otherwise instructed).
Title
Without limiting any rights we may have as an unpaid seller, until full and final payment is received by us for goods supplied:
· we will retain title to all goods which have been supplied to you· you must hold those goods in a fiduciary capacity and solely as our bailee
· the goods are kept in the condition in which they were delivered
· the goods are stored in a way in which they can be easily traced and identified
· the goods are at all times fully insured against all common and foreseeable risks
· We retain the right to trace the process of any sale of any goods to have we have retained title, but may have been sold by you.
In cases of false account application, bankruptcy, liquidation, insolvency, appointment of administrator, or death in which the supply of goods remains unpaid, we reserve the right to repossess those goods at any location in which they are located or stored.
Returned Goods
- Products returned for credit without prior approval of Dentplex will not be accepted. - All returned goods must be accompanied with copy of original sales invoice and purchase date -Product can only be returned within one (1) month after date of invoice.
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· All products returned must be in saleable condition (unopened, unused, undamaged, complete and in original packaging). |
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· We reserve the right to charge a 20% restocking charge on all returned goods that are non-defective and/or correctly supplied. |
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· All products for credit to be returned by pre-paid freight |
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· No credit can be issued for goods supplied on indent order or specially supplied that are not part of our normal product inventory or listed with our product catalogues. |
BACKORDERS
Backordered items will be advised at the time of ordering and / or listed on your invoice and will be shipped as soon as available. Backorders are shipped within 1 to 2 weeks however imported items may take up to 12 weeks. We do not automatically provide updates on the progress of backorders but we will provide an ETA on request however this is an estimate only and we will not be bound by it. Once an item is placed on backorder it will remain on order until supplied or the order is cancelled by you
Force Majure
In events where the performance or observance under these stated Policies and Procedures is prevented, restricted or affected by a force majure event we may give notice to you of such cause to you, and after 90 days of receipt by you of our notice, either party may terminate the sales contract which is the subject of such notice without penalty .Governing Law and Jurisiction
All sales of goods or provision of services made by Dentplex are governed by the law of New South Wales, Australia, whose courts will have jurisdiction over any dispute between us.
Warranty
All products are guaranteed to be free of defective materials and workmanship, and are covered under warranty subject to the following terms and conditions.
Unless Stated Otherwise as an Extraordinary Warranty Period, the Warranty Period for all equipment supplied from Dentplex is 12 months from date of original invoice.
Extraordinary Warranty periods apply to the following listed Products:-
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Equipment |
Warranty Period |
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Anthos X-ray Equipment |
12 months |
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Anthos Dental units* |
12 Months |
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Digora-Optime |
12 Months |
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Bien air Hand pieces/MK-Dent/NSK |
12 Months |
|
Cattani Air Equipment |
2 Years |
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Cattani Suction Equipment |
5 Years |
|
Pc Systems |
12 Months |
*Extended warranty period may be given in writing upon sale promo
Unless Other Specified, labour and other costs for removal / reinstallation are not included under this warranty. Our warranty obligation is to provide repair, or at our option, provide a replacement part for a faulty item within the above listed periods. All incidental, special and/or consequential damages are excluded. Where equipment is transportable, it must be returned to us for warranty repair with return freight costs borne by the purchaser.
The warranty does not cover damage resulting from improper installation or maintenance, accident or misuse. The warranty does not cover damage resulting from the use of cleaning, blockages of foreign materials, disinfecting or sterilizing chemicals or process other than those listed within the manufacturer’s instructions. Failure to follow the instructions as provided within the relevant Instruction and Maintenance Guides may void the warranty.
Warranty repairs or replacements are only covered for the period of the original warranty in place.
Shipping Damage or damage caused by equipment handlers or third-party installer is not covered under this warranty.
Second Hand Equipment is not covered under this warranty. Any warranty period applying to the sale of second hand equipment is made at the discretion of Dentplex at the point of sale.
No other warranties or guarantees, expressed or implied are made.
Limitations on Other Liability
Where permissible by law, the abovementioned Warranty Policy is given in substitution for all other terms, conditions, warranties and representations, express or implied, by stature or otherwise, as to the description, merchantable quality or fitness for purpose of goods which are supplied by us and all such terms, conditions, warranties and representations are now expressly excluded to the maximum extent possible.
Certain legislation, including the Trade Practices Act 1974 (or as amended or replaced) may imply warranties or conditions or impose obligations upon Dentplex which cannot be excluded, restricted or modified except to a limited extent. Therefore these Policies and Procedures must be read subject to any such statutory provisions. Where such statutory provisions apply, then to the extent to which we are entitled to do so, our obligation will be limited, at our option ,to repairing the goods, replacing the goods, providing equivalent goods, paying to you the cost of Replacing the goods, acquiring equivalent goods or having the goods repaired. To the maximum extent permitted by law, and subject to any express exceptions contained in these Policies and Procedures, we will not, in any circumstances, be liable to any party claiming for any loss, damage, expense, injury or death (including, without limitation, loss of profits or any other direct, indirect, or inconsequential loss or damage)
Sustained or incurred by you or any other party resulting directly or indirectly or out of the supply, performance, handling or use of any goods supplied by us, or out of any breach of any contract incorporating these or any other agreed terms, or as a result of our negligence.
We do not promise that repair facilities or parts will be available except for the term of and in accordance of the applicable Warranty period.
TERMS AND CONDITIONS OF SALE
1. PRICING:
Unless otherwise stated, all prices have been quoted in Australian Dollars and are subject to currency fluctuation.
2.TERMS OF PAYMENT:
10% Non-refundable deposit on acceptance of quotation. Balance payable on agreed commissioning date. If there is a non-supplier delay on commissioning (that is, a delay stemmed from client or installation issues) payment is due within seven days of the original agreed commissioning date.
3. DELIVERY:
1- 3 Weeks. (To Be Advised)
4.INSTALLATION:
The client shall supply free of charge an adequate power supply which must be in operation before work commences. Prices quoted do not include carpentry, plumbing, painting, electrical, structural or other building work, which may be required.
5. RETURN:
Dentplex Pty Ltd is not obliged to accept goods for return and credit, which have been ordered by the Client. Only goods that are in merchantable condition may be accepted and credit may be reduced by the cartage handling fee and the loss of the economic value of the goods which shall be determined at Dentplex Pty Ltd sole discretion.
6. DUTY AND TAXES:
All quoted prices do not include Goods and Services Tax. Any price changes in equipment offered due to increase in duties or taxes levied after the date of this quotation will be advised to the customer and added to the equipment invoice.
7. WARRANTY:
New equipment is guaranteed for a period of twelve (12) months from the date of installation against defects arising from faulty workmanship or materials.
Second hand equipment (ex-demo) is guaranteed for a period of three (3) months from the date of installation against defects arising from faulty workmanship or materials.
Twelve (12) months pro rata on new vacuous device. (As per manufacturer’s warranty)
Pursuant to the terms of the Trade Practices Act, this warranty is also limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods supplied by Dentplex Pty Ltd
8. PASSING OF PROPERTY:
a. Property in the goods shall pass to the client upon receipt by Dentplex Pty Ltd of full payment of the goods.
b. Until property so passes the client holds the property as bailee for Dentplex Pty Ltd and the client shall store the goods separately from any other goods and in a manner, which clearly identifies them as the goods of Dentplex Pty Ltd and shall maintain the goods in the state and condition in which they were received.
c. The client authorizes Dentplex Pty Ltd and its authorized agents to enter upon the client’s premises, and to re-take possession of the goods were payment has not been received by Dentplex Pty Ltd, in accordance with this agreement where such goods are in the original or the altered form or mixed with any other goods of the client or any other property the cost of separation and removal shall be borne by the client.
d. Dentplex Pty Ltd may without prejudice to any of its rights and without notice, re-take goods which remain its property and may enter the client’s premises or any other place where the goods may be held if the client goes into bankruptcy or is placed in liquidation or administration or under Official Receivership or any encumbrance takes possession of the client’s undertaking or any part of its property.
e.The client shall keep the goods insured for there full value on a replacement basis and if necessary at the request of Dentplex Pty Ltd provide a certificate of currency in respect of this insurance.
9. REPRESENTATIONS
The client must satisfy himself that the goods are of a description, quality and character suitable for the purposes for which they are purchased or any other purpose, and subject to any
Legislation to the contrary, Dentplex Pty Ltd shall not be liable for any loss or damage (including direct, indirect, special, general or consequential loss) How so ever arising from the sale or from the client’s failure to satisfy himself of those requirements.
The client acknowledges that Dentplex Pty Ltd does not sell by sample and even if the client has inspected any samples of the goods, no term is implied that the goods correspond with any sample. Dentplex Pty Ltd shall not be liable for any failure to perform or delay in any performance of this Contract by reason of whether wholly or in part any circumstances beyond its control.
10. GUARANTEE:
The Guarantor named hereunder in this Agreement hereby personally (and, if more than one, both jointly and severally) acknowledges that this agreement has been entered into with the client by Dentplex Pty Ltd at his or her request and in consideration of Dentplex Pty Ltd entering into this Agreement, the Guarantor covenants for himself, executors, administrators, assigns and successors with Dentplex Pty Ltd to unconditionally guarantee (and if more than one, both jointly and severally) to Dentplex Pty Ltd the payment, when demanded from the Guarantor, of every amount of whatever nature payable by the client to Australian Imaging and Ultrasound Distributors.
This guarantee shall not in any way be affected by the following:
(a) Any variation of this Agreement with or without the consent or knowledge of the Guarantor;
(b) Any breach of the obligations of the client of this Agreement with or without the consent or knowledge of the Guarantor or Dentplex Pty Ltd;
(c) The granting of Dentplex Pty Ltd of any time, concession or indulgence to the client for the performance of any of the client's obligations;
(d) The absence of any Notice to the Guarantor of the default by the client in respect of this Agreement; or
(e) Any other circumstance or thing which but for this provision might determine or impair the operation of the Guarantee.
11. INTEREST:
The client agrees that all accounts, which remain unpaid from the dates stated in Point 2: Terms of Payment, shall attract interest on the outstanding amount at the rate of 2% per month compounded until the account has been paid in full.
Phone Support:
Dentplex Pty Ltd may charge phone support to which goods or services not covered under warranty by will inform clients before Goods or services are carried out.
Order of consumables
Dentplex will supply Consumables only upon a fax or email purchase order. (Fax 02-9705-8733 email info@dentplex.com.au)
Warranty Statement
Dentplex Pty Ltd extends warranty from the date of installation against defects or materials or workmanship to the original purchaser of its products and agrees to correct any defects that develop with the warranty period by repair or replacement at its discretion provided that:
Warranty claims are notified to the company in writing
Dentplex may charge for phone support upon it
An authorized Dentplex Pty Ltd Services technician carries out installation and repairs during the warranty period
Inspection of the defect is carried out by an authorized Dentplex Pty Ltd Services technician and approval of the claim against Dentplex Pty Ltd Services warranty
Where approval for repair has been given by Dentplex Pty Ltd, transportable items such as suction motors, curing light, ultrasonic scalars electric motors, operating stool, mobile carts or vacujets are returned to the factory for repair packaged to prevent damage in transit.
Licensed trades people have provided waste, electrical and other services that comply with regulatory authority standards and Dentplex Pty Ltd design standards.
Items are not covered by warranty and Dentplex Pty Ltd.
SHALL BE RELEASED FROM ALL OBLIGATIONS UNDER ANY WARRANTY OFFERED WHEN.
Non-authorized service personal carry out installation ,repairs or modification
Damage occurs due to negligence or misuse
All Autoclavable items and consumable items such as:
Halogen globes, globes, scaler tips, external suction tubing and terminal, orings, filters, chair foot control, covers, separator tank (dry systems)
Items not cover under Warranty
Calls out service fees are not covered by warranty
Transport and packaging cost
This Warranty does not include compensation for direct or indirect damage of any nature to person or objects caused by any equipment inefficiency.
In particular, the Warranty is rendered null and void if:
The equipment is damaged by a fall, exposure to flames, liquid spillage, lightning, natural disaster, meteorological phenomenon or, in any case, by not imputable to a fault in manufacture.
At the time of a warranty claim, the product serial number is found to have been removed, cancelled, counterfeited etc.
The manufacturers , their distributor(s) and/or servicing center(s) are not obliged to supply replacement equipment during repair period* unless stated within the sale’s agreements
The purchaser suspends or delays, for any reason whatsoever, payment of any sum owed for equipment purchase and/or maintenance.
The purchaser is not entitled to compensation for equipment downtime.