Terms & Conditions

These Terms and Conditions (‘Terms’) govern the sale and supply of medical and related products (‘Goods’) by Medcatch Supplies Pty Ltd to any person (‘Customer’). By placing an order or using our services, you agree to be bound by these Terms. These Terms apply to all transactions unless otherwise expressly agreed in writing.

1. DELIVERY

1.1 Delivery of Goods

1. Medcatch will use reasonable efforts to deliver Goods at the time agreed to the delivery address nominated by the Customer at the time of order.
2. Delivery is fulfilled via independent third-party logistics providers (‘Delivery Providers’) engaged by Medcatch.
3. Estimated delivery times are indicative only and may vary due to unforeseen circumstances, including but not limited to courier delays, customs processing, or force majeure events.
4. Medcatch is not liable for delays caused by Delivery Providers or external factors beyond its reasonable control.
5. Any request to change a delivery address must be received prior to dispatch. Once delivery is initiated, we will not be able to redirect shipments.
6. Risk in the Goods passes to the Customer upon delivery to the nominated address, as evidenced by a signed delivery docket or electronic proof of delivery.
7. The Customer is responsible for ensuring someone is available to accept the Goods. Where unattended delivery is authorised, all risk transfers to the Customer and Medcatch disclaims liability for theft, damage, or loss post-delivery.

2. Inspection and Acceptance

1. The Customer must inspect all Goods immediately upon delivery.
2. Any damage, shortage, or discrepancy must be reported to Medcatch and the Delivery Provider in writing within 48 hours of delivery. Claims outside this window will not be accepted.
3. Signed delivery dockets are deemed conclusive evidence of delivery in good condition and acceptance unless otherwise notified in accordance with clause 2.2.
4. Failure to notify the Supplier within the required timeframe constitutes acceptance of the Goods.

3. Payment Terms

1. Unless otherwise agreed in writing, full payment is required at the time of placing an order.
2. Online payments may incur surcharges as applied by the bank or payment provider.
3. Medcatch reserves the right to withhold fulfilment of any order until payment is confirmed in full.

4. Returns and Refunds

1. Returns are only accepted for defective or incorrectly shipped Goods.
2. To initiate a return, the Customer must notify Medcatch in writing within 48 hours of delivery, with supporting documentation and a valid tax invoice.
3. The Customer must provide a valid tax invoice and, where appropriate, photographic or documentary evidence of the issue. No Goods may be returned without the prior written approval of Medcatch and the issue of a Return Authorisation (RA) number.
4. Medcatch may, at its discretion, reject any return not complying with this process.
5. Returned Goods must be unused, unopened, in original packaging, and suitable for resale.
6. Refunds or replacements will only be issued after Medcatch inspects and approves the returned Goods.
7. Refunds will be processed using the original method of payment within thirty (30) business days.
8. The Customer will be liable to return the item to the nominated address and be responsible to pay for the shipping costs to return the item. Shipping costs are non-refundable and payable by the Customer.
9. A restocking fee of 15% applies to the Customer’s final invoice for bulk order returns.
10. Requests for return Goods that are custom or special order for the Customer will require prior written approval from Medcatch’s management. Approval for return of such Goods is at Medcatch’s sole discretion, and in some circumstances, return of these Goods will not be accepted.
11. Returns will not be accepted if:
    • The Goods were delivered more than 48 hours prior to the return request being submitted;
    • The Goods have been used, tampered with, opened, or are returned incomplete (including missing packaging, labels, or accessories);
    • The Goods were not returned to Medcatch in accordance with the return shipping and packaging instructions provided;
    • The return is requested due to change of mind, ordering error, or no longer required;
    • The Goods were stored improperly or contrary to manufacturer or Medcatch instructions; or
    • The Goods are sale or promotional items.

5. Product Use and Compliance

1. The Customer is solely responsible for ensuring that the purchase, possession, and use of the Goods comply with all applicable local laws and regulations.
2. Goods supplied by Medcatch must be used in accordance with their intended purpose, instructions for use, and any relevant industry standards or regulatory requirements.
3. Medcatch will not be held liable for loss, injury, or damage resulting from:
   • unauthorised, improper, or negligent use of the Goods; or
   • use in a manner contrary to applicable safety standards or labelling
4. Goods must not be resold, repurposed, relabelled or used beyond their intended therapeutic or consumable purpose.

6. Warranties and Limitation of Liability

1. Medcatch warrants that Goods supplied comply with applicable Australian safety and quality standards.
2. To the maximum extent permitted by law and subject to the Australian Consumer Law, Medcatch excludes all other warranties, express or implied.
3. Where a valid warranty claim is made, Medcatch’s liability is limited to the repair, replacement, or refund of the defective Goods.
4. Nothing in these Terms excludes or restricts the Customer’s rights under the Australian Consumer Law.
5. Medcatch is not liable for indirect, incidental, special or consequential loss or damage, including loss of profit, revenue or business opportunity, unless otherwise required by law.

7. Indemnity Clause

1. The Customer agrees to indemnify and hold harmless Medcatch, its employees, contractors, and agents from any loss, damage, cost, liability or legal expense resulting from:
   • the misuse, mishandling, or unauthorised resale or distribution of the Goods;
   • the Customer’s breach of these Terms or applicable laws;
   • any third-party claim relating to injury, loss, or damage allegedly caused by Goods after delivery to the Customer, except to the extent caused by the negligence or wilful misconduct of Medcatch;
   • non-compliance with storage, handling, or expiry instructions issued by Medcatch or the manufacturer.
2. This indemnity survives termination or expiry of these Terms and shall remain enforceable notwithstanding any other limitation or exclusion of liability.

8. Expiry, Shelf Life and Storage

1. Goods will be supplied with a remaining shelf life of at least 1 month, unless otherwise specified in writing.
2. The Customer must store and rotate stock to ensure compliance with expiry requirements.
3. Expired, improperly stored, or opened Goods are ineligible for return or refund.

9. Dispute Resolution

1. Where there is a disagreement, issue or claim arising out of or relating to these Terms or the supply of Goods by Medcatch, the parties agree that they shall first attempt to resolve the matter through alternative dispute resolution methods.
2. The party asserting the existence of a dispute (‘Applicant’) must provide written notice to the other party (‘Respondent’) clearly stating the subject matter of the dispute, summary of facts and resolution being sought.
3. Upon receipt of a valid dispute notice, the parties must engage in a good faith discussion within seven (7) business days, including attending a meeting either in person, by video conference, or telephone, to explore options for resolving the matter amicably.
4. If the dispute is not resolved within fourteen (14) business days of the initial notice, either party may escalate the dispute to mediation, using a mediator agreed upon by both parties.
5. The costs of mediation will be borne equally unless the parties agree otherwise in writing.
6. Neither party may commence court proceedings in relation to the dispute (other than for urgent interlocutory relief) unless:
   • the mediation has concluded; or
   • twenty-one (21) business days have passed since the appointment of a mediator without resolution.
7. This clause operates as a mandatory condition precedent to litigation and is binding on both parties during the course of any commercial relationship governed by these Terms.

10. Privacy

1. Personal information is collected, used, and stored in accordance with our Privacy Policy.
2. By placing an order or contacting us, you consent to the collection and handling of your data in accordance with our Privacy Policy in compliance with the Privacy Act 1988 (Cth).

11. General

1. Medcatch reserves the right to amend these Terms at any time. Changes will be published on our website and take immediate effect.
2. Continued use of our services following the publication of any changes to these Terms constitutes your acceptance of the amended Terms.
3. These Terms and any dispute arising under these terms are governed by the laws of the State of Victoria Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal within Victoria.

12. Website Content

1. The content, publications, and materials on the Medcatch website are provided for general information only and do not constitute medical or professional advice.
2. You must not rely on any website content as a substitute for independent advice suited to your specific circumstances.
3. Medcatch does not warrant the accuracy or completeness of website content and expressly disclaims all liability for any loss arising from reliance on such content.
4. It is your responsibility to ensure any products, services, or information available through the Medcatch website meet your specific needs and regulatory requirements.