Terms & Conditions

Product remains the property of DJMed Pty Ltd until invoice is paid in full. All dealings with DJMed Pty Ltd are governed by our Terms and Conditions of trade DJMed Pty Ltd

1. Prices Where prices are specified on a DJMED Pty Ltd price list, such prices are subject to variation without notice and the price charged to the Customer will be that advised on the invoice. Where a price has been quoted prior to order, that price is valid for 30 days only. Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by DJMED Pty Ltd at the time the contract. The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of DJMED Pty Ltd between the date of the contract and delivery of the Goods and Services.

2. GST Should any sale of equipment pursuant to these conditions be subject to a goods and service tax (“GST”) then the Customer must pay to DJMED Pty Ltd the GST levied on the equipment in addition to the price at the same time that payment of the equipment is required.

3. Terms of Payment The Customer is responsible for all charges made to the Credit Facility and will be required to pay DJMED Pty Ltd the amount charged on each invoice within 30 days after arrival of equipment at place of delivery. DJMed may request first transaction to be paid up front prior to delivery. Any expenses, disbursements and legal costs incurred by DJMED Pty Ltd in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees, on a solicitor/own client basis, or debt collection agency fees.

4. Method of Payment Payment can be by way of cheque, credit card; direct deposit to DJMED Pty Ltd nominated bank account or other payment methods as agreed by DJMED Pty Ltd.

5. Ownership of the Equipment Delivery of possession of the equipment to the Customer is made on the express condition that ownership of the equipment shall not pass to the Customer until payment in full for that equipment has been received by DJMED Pty Ltd.

6. Acceptance of Equipment The Customer shall be deemed to have accepted the equipment to be of description, quality and quantity ordered unless particulars of any claim are notified to DJMED Pty Ltd within seven (7) days after arrival of equipment at place of delivery. Any complaint made by the Customer that a transaction recorded on the Customer’s invoice is incorrect must be advised DJMED Pty Ltd in writing within seven (7) days of the issue of the invoice. If not received within 7 days the invoice shall be deemed to be correctly made and the equipment correctly supplied. No Goods will be accepted for return without the prior approval of USL. A 20% restocking fee may apply and any Goods considered for return must be unused, undamaged and still in original packaging. No returns will be considered for special orders.

7. Warranty With respect to Goods manufactured by DJMED Pty Ltd, DJMED Pty Ltd will repair or replace free on reasonable notice any equipment or parts proving defective due to inferior material or workmanship, fair wear and tear excepted subject to the following conditions: This warranty shall not apply in respect of defects notified to DJMED Pty Ltd later than six (6) months from the date of delivery of such equipment or parts; This warranty shall not apply to: a) Any defect arising from misuse or neglect. b) Any equipment repaired or altered or fitted with parts by anyone other than DJMED Pty Ltd other than on its specific instructions. c) Any goods or services in respect of which any payment by the customer is in arrears. d) Any consequential loss or damage or loss of profit including any loss or damage caused by the negligence of DJMED Pty Ltd. With respect to Goods not manufactured by DJMED Pty Ltd than a manufacturer’s warranty will apply if applicable.

8. Damaged Equipment Freight company consignment notes should be signed as accepted Subject to Check. Failure to do this will make it impossible for the Customer to rely on our insurance cover for the equipment.

9. Credit Limit DJMED Pty Ltd may specify the maximum amount that may be charged to the Credit Facility within a specified time (credit limit). The Customer’s credit limit may also be subject to regular assessment by DJMED Pty Ltd. The Customer agrees that the amount charged to the Credit Facility will not exceed the Customer’s credit limit. DJMED Pty Ltd will not be liable for any loss, damage or delay whatsoever or howsoever caused arising from the refusal by DJMED Pty Ltd to supply the Customer with equipment on credit, notwithstanding that the Customer’s Credit Facility has not been suspended or terminated. DJMED Pty Ltd will require immediate payment of the amounts charged for services supplied by DJ MED Pty Ltd to any Customer and charged to the Credit Facility in excess of the credit limit.

10. Overdue Accounts Overdue accounts beyond trading terms may automatically be placed on stop supply and further credit withheld. DJMED Pty Ltd reserves the right to charge interest or to recover costs in relation to collection of any overdue debt plus interest. Should DJMED Pty Ltd be required to collect the equipment, the Customer will be liable for any related costs including freight, cleaning or product repairs.

11. Termination Either party may at any time terminate the Contract on seven (7) days written notice to the other party. If DJMED Pty Ltd should suspend or terminate the Customer’s Credit Facility the outstanding balance will become immediately due and payable by the Customer to DJMED Pty Ltd. 12. Indemnity The Customer shall indemnify DJMED Pty Ltd against any loss or damage whatsoever which DJMED Pty Ltd may suffer as a result of any action, proceeding, claim, demand, prosecution or circumstance arising out the performance, non-performance or breach by the Customer of any duty, obligation, covenant or warranty under the Contract.

13. Change in Address or Company Status Any changes to the customers’ trading address, contact numbers, legal entity or management structure must be advised to DJMED Pty Ltd within seven (7) days of the effective change.

14. Default DJMED Pty Ltd reserves the right at all times to suspend or terminate the Customer’s Credit Facility with or without notice to the Customer for reason of default by the Customer of the terms and conditions on the Customer’s part express or implied in the Contract if: DJMED Pty Ltd was induced by fraudulent misrepresentation on the Customer’s part to approve a Credit Facility to the Customer; The amount charged to a Customer’s Credit Facility exceeds the Customer’s credit limit at any given time without the prior written approval of DJMED Pty Ltd; Any amount charged to the Credit Facility is due and unpaid (disputed amounts on the statement of account will not be considered due until the dispute is rectified); In the opinion of DJMED Pty Ltd there are any changes in the Customer’s constitution, ownership, membership, control, status or ability to provide security for the payment of amounts which have or are likely to be charged to the Customer’s Credit facilities. The Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; the Customer being a partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; the Customer being a natural person, dies; or the Customer ceases or threatens to cease conducting business in the normal manner.

15. Variation DJMED Pty Ltd reserves the right to vary these terms and conditions for a Credit Facility with respect to future transactions between DJMED Pty Ltd and the Customer by agreement between DJMED Pty Ltd and the Customer, or unilaterally by DJMED Pty Ltd giving to the Customer at least seven (7) days prior written notice specifying the variation and the date upon which the variation becomes effective and that the variation will take place upon that date. Notice of the variation may be given to the Customer by DJMED Pty Ltd with the Customer’s invoice, or mailed to the Customer’s address.

16. Credit Enquiries For the purpose of the Application and during the currency of the Contract the Customer expressly authorises DJMED Pty Ltd to make such lawful enquires DJMED Pty Ltd may require to satisfy itself as to the creditworthiness of the Customer and undertakes to provide signed written authorities addressed to the Customer’s banker or other credit providers, credit bureaus or mercantile agencies as DJMED Pty Ltd may require.