Terms & Conditions

These conditions apply to all goods sold, or services provided, by IG Medical Australasia Pty Ltd (“the Company”) to the purchaser of such goods or services (“the Purchaser”) unless varied in writing and signed by a duly authorised representative of the Company.

1. ACCEPTANCE

Every order received by the Company constitutes an offer subject to acceptance by the Company. No order accepted by the Company can be modified or cancelled except with the written consent of the Company.

2. PRICE

• (a) The price for the goods or services is as shown on the Company’s Invoice, Packing Note, current price lists, Quotations, and Despatch Note or other like document.
• (b) All prices are quoted by the Company subject to any variation which may occur between the dates of quotation and delivery or deliveries of goods or provision of services in international monetary exchange rates, customs duties, purchase tax, freight or insurance rates or suppliers’ selling prices.
• (c) All prices are quoted by the Company subject to the addition of any Goods and Services Tax (GST), including Goods and Services Tax payable, and any other tax imposed by any governmental authority upon the goods quoted or upon the production, sale, distribution, delivery or upon any feature thereof if applicable. All such taxes are recoverable from the Purchaser and may be added by the Company to the price of the goods or services.
• (d) Unless otherwise agreed by the Company in writing prior to sale, all freight and despatch charges will be borne by the Purchaser.
  • i. Standard Freight: A standard freight and handling charge of $25 + GST applies to standard orders within Australia.
  • ii. Cold Chain Freight: Cold chain standard freight and handling is charged at $55 + GST within Australia.
  • iii. International Freight: For international shipments, the actual freight, handling, and associated transport costs incurred by the Company will be passed on directly to the Purchaser.
• (e) Unless otherwise agreed by the Company in writing prior to sale, the Purchaser must make full payment of the price of the goods to the Company on or before fifteen (15) days following the date upon which the goods are delivered to the Purchaser.
• (f) If the Purchaser defaults in making any payment to the Company on the due date, then the Purchaser must pay to the Company interest on the amount overdue. Interest will be calculated and payable on a monthly basis for every month or part month during which any amount remains unpaid at the rate which will be 2% above the rate charged to the Company by the Company’s bankers on current overdraft facilities on the first day of the month concerned.
• (g) The Company will apply all payments made to the Company by the Purchaser firstly towards any interest which shall become payable by the Purchaser to the Company, secondly towards any overdue amount owing by the Purchaser to the Company, and thirdly towards any current amount owing by the Purchaser to the Company.
• (h) The Company may suspend delivery of any goods or performance of any services to the Purchaser if:
  • i. the Purchaser is in default of any obligations under these terms and conditions;
  • ii. the Purchaser is or becomes (or the Company has reason to believe that the Purchaser has or may become) insolvent or unable to pay its debts as and when they fall due; or
  • iii. any change in those exercising effective control of the Purchaser occurs. In any such event, the Company may require the Purchaser to pay immediately any amounts that are payable at a future date in respect of goods that have already been delivered or services that have already been provided.

3. DELIVERY

• (a) Any goods quoted by the Company as ex-stock are so quoted subject to any prior sale by the Company.
• (b) The Company will use its best endeavours to fulfil accepted orders but is entitled to cancel any order or orders relating to any item or items if, in the opinion of the Company, it is or has become impractical or uneconomic to produce or supply the same.
• (c) The Company will use its best endeavours to make delivery at the time specified in any accepted Order, but unless otherwise agreed by the Company in writing prior to sale, will not be responsible for any loss or damage sustained by the Purchaser or any other person by reason of any delay in delivery or any failure to fulfil an order or make delivery howsoever caused.

4. WARRANTY

• (a) The Company warrants that all goods sold are free from defects in materials and workmanship at the time of despatch by the Company. Modifications to the goods ordered by the Purchaser, or any of their components, could significantly affect their performance or conformance to their applicable specifications. Any modifications of the goods, or any of their components, other than as performed or authorised in writing by the Company, will invalidate and terminate our warranty for the goods, effective on the date of any such modification.
• (b) The Company will have no responsibility for any damage that may be caused or may arise from or out of the handling or usage of any goods after the same have been despatched by the Company. In particular, but without limitation, the Company will have no responsibility for breakage or failure of any electronic tubes or components, illumination sources, items wholly or partly of glass, silica or ceramic materials, thermocouples, batteries or electrical elements.
• (c) The Company will have no responsibility for any damage resulting from misuse or abuse of goods or from negligence or malpractice unless of the Company or its servants.

5. RISK AND TITLE

• (a) Unless otherwise agreed in writing and signed by a duly authorised representative of the Company, all risk in and of and for the goods will pass to the Purchaser immediately upon despatch of the goods by the Company to the Purchaser.
• (b) Unless otherwise agreed in writing and signed by a duly authorised representative of the Company, ownership in the goods will not pass to the Purchaser until the Purchaser has discharged all outstanding indebtedness to the Company whatsoever.
• (c) The Purchaser must notify the Company if it has entered or enters into any finance arrangement in respect of the goods purchased under these terms and conditions of sale.
• (d) Until payment in full of such indebtedness has been made, the Purchaser acknowledges and agrees that:
  • i. All goods supplied by the Company to the Purchaser are to be held by the Purchaser as bailee and trustee for the Company and, if to be sold by the Purchaser, to be so sold as agent for and on behalf of the Company subject to a duty to pay to the Company all the proceeds of any such sale;
  • ii. The Purchaser must, if directed by the Company, store the goods supplied in such a way that it is clear that they are the property of the Company;
  • iii. The Purchaser hereby irrevocably authorises and licences the Company and its agents and servants, without the necessity of giving any notice, to enter on and into and upon any premises occupied by the Purchaser to search for and remove any of the goods in which the Company has ownership as aforesaid without in any way being liable to the Purchaser or any person or company claiming through the Purchaser. If the goods or any of them are wholly or partially affixed to or incorporated in any other goods, the Company may, where practical, disconnect or sever in any way whatsoever as may be necessary to remove the goods;
  • iv. If the Purchaser has resold any goods prior to payment in full of the outstanding indebtedness of the Purchaser to the Company, then the proceeds of such resale will be the property of the Company (but only to the extent necessary to discharge such outstanding indebtedness).

6. GOODS RETURN

• (a) Goods delivered to the Purchaser as a consequence of any misinterpretation of the Purchaser’s order may be returned for full replacement provided the same are in good condition and the error is reported to the Company within 7 days of receipt of the goods.
• (b) Goods delivered to the Purchaser as a consequence of error in the Purchaser’s order may be returned provided the error is reported to the Company within 7 days of receipt of the goods and further provided the goods are in good condition and are of the Company’s standard stock classification in all respects as determined by the Company’s authorised representative. The Company shall be entitled to charge a reasonable restocking fee. Return freight is the responsibility of the Purchaser.
• (c) The Purchaser will not return any consignment of goods for complaint without first submitting to the Company a sample thereof and extending to the Company a reasonable opportunity to evaluate such complaint.
• (d) The Company will not be obliged to accept return of any goods unless:
  • i. within 7 days of the receipt of goods by the Purchaser, the Company receives at its Sydney office a written request detailing the goods which the Purchaser seeks to return to the Company and the reason why the Purchaser seeks to return those goods and detailing the Company’s Invoice/Packing Slip number relating to the goods in question; and
  • ii. the Company approves the request in writing; and
  • iii. a copy of the Company’s written approval is attached to the goods when returned.