Terms & Conditions of Trade

Title to the Goods remains with Haines Medical until all monies owing to Haines Medical on any account have been paid or title to the Goods is vested in some other person by operation of law.

Until title to the Goods passes, the Purchaser will keep the Goods free from any charge, lien or other encumbrance.

Until title to the Goods passes, the Purchaser will:

(a) hold the Goods on a fiduciary basis as bailee for Haines Medical;

(b) keep the Goods separate from all other goods in its possession and marked in such a way that the Goods are clearly identified as the property of Haines Medical;

(c) upon request deliver up the Goods (or such part of them that have not ceased to be in existence or resold) to Haines Medical (for which purpose Haines Medical’s employees or agents may enter the Purchaser’s premises) and the Purchaser is obliged to deliver up the Goods if so directed by Haines Medical in accordance with the enforcement procedures outlined in Chapter 4 of the Personal Property Securities Act 2009 (Cth); and

(d) not intermingle any sums the Purchaser receives from any sale made by it or on its behalf of the Goods and will hold such sums as trustee on behalf of Haines Medical and account fully to Haines Medical for such sums promptly as and when required by Haines Medical.

The Purchaser as Grantor grants to Haines Medical, a security interest(s) in the Goods under the Personal Property Securities Act 2009 (Cth). If applicable, this security interest(s) will be a purchase money security interest(s).

The Purchaser and Grantor (if different) acknowledge that Haines Medical may register the said security interest(s) in the Goods, at its discretion.

Haines Medical warrants all Goods sold by it will be in accordance with the relevant manufacturer’s specifications.

Haines Medical’s Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Purchaser is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

Haines Medical will, at its option either repair or replace any defective Goods or parts thereof with a new or remanufactured equivalent during the Warranty Period at no charge to the Purchaser for parts or labour.

The warranty described in this clause 11 will be the sole and exclusive warranties granted by Haines Medical and will be the sole and exclusive remedy available to the Purchaser in addition to the rights and remedies of the Purchaser under a law in relation to the Goods to which this warranty relates.

All implied warranties are limited to the Warranty Period.

No other person or entity is authorised to make any warranties other than those described in this clause 11, or to extend the duration of any warranties beyond the Warranty Period on behalf of Haines Medical.

Correction of defects during the Warranty Period will constitute complete fulfillment of all liabilities and responsibilities of Haines Medical to the Purchaser with respect to the Goods and will constitute full satisfaction of all claims, whether based on contract, negligence and strict liability otherwise. In no event will Haines Medical be liable, or in any way responsible, for any damages or defects in the Goods which were caused by repairs or attempted repairs performed by anyone other than Haines Medical or an authorised service provider.

This warranty does not apply to any appearance of the supplied Goods nor to any supplied Goods the exterior to which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been modified or altered in design or construction. In addition, the warranty coverage does not apply to defects caused by the supplied Goods being subjected to the following; unauthorised modifications or connections, unauthorised opening or repair, repair by use of unauthorised parts, accident, force majeure, or other acts beyond the reasonable control of Haines Medical.

This warranty does not cover death or injury to persons resulting from any cause other than proven negligence of Haines Medical, its employees or representatives.

In order to enforce the rights under this warranty, the Purchaser must provide proof of purchase to Haines Medical. The proof of purchase must state the date of the purchase, provide a description of the Goods and the price paid for the Goods.

A claim made by a Purchaser should be made in writing to Haines Medical along with the proof of purchase. The costs of transportation of the Goods will be borne by the Purchaser. If the claim is valid Haines Medical will reimburse the Purchaser for the costs of transportation of the Goods.

To the extent that the Purchaser is considered a Consumer under the Australian Consumer Law, then the following statement applies, “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

To the maximum extent permitted by law, Haines Medical’s liability for breach of a condition or warranty given by Haines Medical or implied by operation of or guarantee under the Competition and Consumer Act 2010 (Cth) is limited to:

(a) in the case of Goods, any one the following:

    (i) the replacement of Goods or the supply of equivalent Goods;
    (ii) the repair of Goods;
    (iii) the payment of the cost of replacing Goods or of acquiring equivalent Goods;
    (iv) the payment of the cost of having the Goods repaired;

(b) in the case of services:

    (i) the supplying of the services again; or
    (ii) the payment of the cost of having the services supplied again.

Except as provided in these Terms, Haines Medical will not be liable or in any way responsible for incidental or consequential, economic or property damage, except where Haines Medical is in breach of the guarantees provided to the Purchaser in accordance with the Australian Consumer Law, or applicable legislation from time to time provided always that nothing in this clause or elsewhere in these Terms will adversely affect the rights of the Purchaser under relevant legislation.

The Purchaser must inspect the Goods as soon as is reasonably practicable after delivery.

If any or all of the Goods delivered were damaged, defective, or incorrect when delivered, then the Purchaser must give Haines Medical written notice of that fact within thirty (30) Business Days after the delivery date.

For further information, refer to Haines Medical’s Return and Exchange Policy.

If the Purchaser uses any of the services provided on the Website, specifically to set up an account to purchase the Goods, Haines Medical will require the Purchaser to provide certain information about the Purchaser, including the Purchaser’s name, address, email address and phone number. This information is required to enable Haines Medical to process the Order/s correctly and effectively. Haines Medical may also use the information provided by the Purchaser to conduct a credit check, the approval of which will be required before the Purchaser has the ability to pay on account.

The Purchaser must comply with all applicable laws which apply to the collection, use and disclosure of personal information including, but not limited to, obtaining and recording relevant patient consent for personal information to be disclosed to Haines Medical or to an offshore entity for the provision of technical support services.

Haines Medical will only ask for and use personal information reasonably necessary for or directly related to Haines Medical’s functions and activities as a provider of medical devices.

When a Purchaser visits the Website, the web server automatically logs certain non-personally identifiable data about the visit.

Haines Medical uses software to measure and audit activity on the Website.

The Purchaser may contact Device Technologies Australia Pty Ltd’s Privacy Officer at privacy(at)device.com.au to find out what information Haines Medical has collected.

Haines Medical’s online payment portal uses a secure transaction environment to ensure that Purchaser information is safe and secure at all times. The technology employed works by encrypting the Purchaser’s information which the Purchaser enters in on the Website which prevents the information being intercepted by an unauthorised party. No payment details are stored in Haines Medical’s database.

Haines Medical will not provide the Purchaser’s personal information to third parties without the Purchaser’s prior written consent.