Healthcare United Terms and Conditions

This website is owned and operated by Healthcare United. By using this website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

The Company reserves the right, at any time to modify, alter or update these Terms and Conditions of Sale and you agree to be bound by such modifications, alterations or updates as you visit the website.

These Terms and Conditions of Sale are applicable to all purchases from Healthcare United.

Buyer = Customer

Seller = Healthcare United

  1. General:
  2. These conditions are related to all transactions related to the supply of any product to a customer whether or not these conditions are expressly applicable to any particular transaction.
  3. Healthcare United is not bound by any terms and conditions, order or other writing of the buyer and which is different with, or additional to the terms and conditions outlined by Healthcare United.
  4. Only when a buyer accepts Healthcare United’s terms and conditions, a contract is formed for the buyer to purchase from Healthcare United.
  5. Materials related to products advertised, including their description is for identification purposes only and the use of such description shall not constitute the order for the supply of the product as a sale by description unless expressly stated by Healthcare United.
  6. Healthcare United is not liable for loss or damage whatsoever arising from failure to deliver or delay in delivery of any products. It is acknowledged that the availability of advertised products offered by Healthcare United are subject to change at any time.
  7. Healthcare United reserves the right to deliver products in a means and mode suitable for reasonable business purposes, including by instalments whereby each instalment is considered to be sold under a separate contract that is bound by Healthcare United’s terms and conditions. Where Healthcare United is unable to deliver any instalment, the buyer is not entitled to cancel the balance of the order.
  8. As it relates to any signed agreement between a buyer and Healthcare United, signing on behalf of a company, firm, association or partnership of any kind whatsoever, then each person who signs the agreement is bound personally as a guarantor for all amounts indebted to the company, firm association or partnership.
  9. Headings in this document are constructed for ease of reference and will not affect their interpretation.
  10. As to the contextual understanding of the terms and conditions, its meanings, references and overall context, it is the customers obligation to contact Healthcare United and seek clarification concerning any area of ambiguity.
  11. The Agreement between the Buyer and Seller
  12. Terms and conditions outlined by Healthcare United are applicable to all contracts for sale of products to the buyer unless expressly stated by Healthcare United. Healthcare United is not bound by any other terms and conditions, or similar document, which the customer proposes, expresses, documents or provides to Healthcare United at any time.
  13. Healthcare United reserves the right to accept variations to these terms and conditions only in circumstances whereby Healthcare United has agreed in writing to do so with a customer.
  14. As it relates to advice or recommendations given by Healthcare United to a customer, as it relates to products or services, it is at the buyer’s discretion to accept any advice or recommendation provided and acknowledges that Healthcare United is not liable in any way for advice or recommendations provided.
  15. Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by Healthcare United will be subject to correction without any liability on Healthcare United’s part.
  16. All information related to products sold by Healthcare United are intended to merely present a general idea of the product that is being sold by Healthcare United. Healthcare United reserves the right to make changes to this information and acknowledges that these changes will not affect the quality and fitness for purpose of the product offered for sale by Healthcare United.
  17. Healthcare United acknowledges that the dispatch or delivery of products to a customer will constitute evidence of the customers acceptance of these conditions.
  18. All orders for products received by Healthcare United from a customer shall constitute an offer by the customer to purchase those products from Healthcare United pursuant to these terms and conditions.
  19. The Price and Payment
  20. Price of the product will be the advertised price as shown on the Healthcare United website as shown at the time of sale. Prices shown on the website are inclusive of GST.
  21. All orders incur a flat fee charged at a rate of $8.95 AUD.
  22. The price for any product outlined in an official Healthcare United Business Accounts invoice is valid for 7 days from the date the invoice is sent by Healthcare United to the customer. The price accepted by the customer will be binding on the customer provided the customer accepts the price and agrees on a delivery date within 30 days of the invoice being sent by Healthcare United.
  23. The price for the product, including any other charges, must be paid in full prior to delivery by any one of the following methods:
    i) credit card
    ii) debit card
    iii) bank transfer
    iv) PayPal transfer
  24. If for any reason the buyer fails to make payment as required by these terms and conditions, then with effect from the date of delivery of the products to the customer, the balance of the price will bear an interest of 20% per annum.
  25. If Healthcare United incurs any bank charges as a result of failure on behalf of the customer to pay their account, the customer will reimburse Healthcare United within 7 days of any such charges from the date the customer is notified about the charges.
  26. If the customer fails to make a payment by the due date, Healthcare United reserves the right to suspend or cancel the delivery of products to the customer.
  27. If a product is not in stock, Healthcare United will contact the customer and discuss revisited delivery times.
  28. Unless otherwise agreed, each invoice if payable in full within 30 days of the invoice being sent to the customer.
  29. Healthcare United reserves the right to commence recovery proceedings in the event that invoiced payments are not made in full within the time provided. Healthcare United reserves the right to refer any matters related to unpaid invoices or accounts to a Debt Collection Agency or solicitor for collection. In the event that this occurs, the customer is responsible for all collection costs and expenses incurred in collecting unpaid invoices or accounts.
  30. Delivery of the Product
  31. Healthcare United will deliver products to the address specified by the customer, provided the address is within Australia.
  32. It is the customer’s responsibility to ensure their own availability to take delivery once a delivery date has been agreed. It is also the customers responsibility to ensure adequate access to the premises where the product is being delivered. If the customer, or someone acting on the customers behalf is unable to not available to take delivery or if as a result of inadequate access for any reason the seller is unable to deliver the product, the buyer will agree to have the product left at the location provided by the buyer if it is reasonable and suitable to do so.
  33. Any dates provided by Healthcare United to the customer for delivery of products are approximations only, and Healthcare United will not be liable for any delay in or non-delivery of the product. The customer is considered to have accepted delivery of an order when made even if a different delivery date is specified. Products may also be delivered in advance of any estimated delivery date upon reasonable notice given by Healthcare United to the seller.
  34. Healthcare United does not accept liability for any loss or damage suffered by the customer in consequence of any failure or delay in delivery.
  35. The customer acknowledges that delivery has taken place when Healthcare United has delivered the product, or when they are unloaded from Healthcare United’s transport at the location specified by the customer.
  36. Ownership of the Product
  37. Ownership of the product only passes to the customer when Healthcare United has received payment in full for the product along with any other charges the customer is required to pay.
  38. In circumstances whereby, a contract between Healthcare United and a customer has been cancelled for any reason, and products have been delivered to a customer in circumstances whereby full payment has not been received by Healthcare United, the products will immediately become the property of Healthcare United at the time of cancellation. The customer must take reasonable care of the product until Healthcare United can retrieve the product from the customer.
  39. Bringing a Claim
  40. Please refer to the Healthcare United Returns Policy.
  41. Cancellation
  42. When an order for a product has been accepted, it can only be cancelled at the absolute discretion of Healthcare United and subject to such terms as Healthcare United shall impose.
  43. The extent of the Sellers liability to the Buyer
  44. Healthcare United’s liability to the customer, whether for breach of contract or otherwise shall not in any event exceed the price of the product and the seller will have no liability for any direct loss and/or expense or indirect loss and/or expense suffered by the customer or any liability to third parties incurred by the customer.
  45. All warranties and conditions whether implied by statute or otherwise are excluded providing that nothing will restrict or exclude liability for death or personal injury caused by the sellers negligence or affect the statutory rights of a buyer dealing as a consumer.
  46. The seller will not be liable to the buyer or deemed to be in breach of these conditions by reason of any delay in performing, or failure to perform, any of the sellers obligations in relation to the product, if the delay or failure was due to any cause beyond the sellers reasonable control. The following shall be regarded as a non-exhaustive list of causes beyond the seller’s reasonable control:- Act of God, explosion, flood, tempest, fire or accident; War or threat of war, sabotage, insurrection, civil disturbance or requisition; Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; Import or export regulations or embargoes; Strikes, lockouts or other industrial action or trade disputes whether involving the seller’s employees or those of a third party; Difficulty in obtaining raw materials, labour, fuel, parts or machinery; and
    Power failure or breakdown in machinery.
  47. Severability
  48. In the event that any or any part of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such terms, conditions or provisions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
  49. Waiver
  50. No waiver by the seller of any breach of these conditions shall be considered as waiver of any subsequent breach of the same or any other provision of these conditions.
  51. Whole Agreement
  52. No modification, variation or amendment to these terms and conditions shall be of any force or effect unless in writing and signed by the Company.
  53. Notice
  54. Any notice or document required under these terms and conditions to be served on the Company must be addressed to its registered office for the time being. Any notice or document similarly required to be served on the buyer may be sent to the buyer’s last known address. Notices and documents may be delivered by hand or sent by prepaid post and if sent by post shall be deemed to be served on the day on which they would be delivered in the ordinary course of post. Notices and documents may be delivered by facsimile or electronic email to the parties’ last known facsimile number or email address and shall be deemed to be served at the time of transmission.
  55. Intellectual Property Rights
  56. The material contained on the Healthcare United website is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining Healthcare United’s prior written consent.
  57. Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the Healthcare United’s prior written consent.
  58. The Healthcare United website, products, images, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. At all times you must ensure that your use of the Healthcare United website does not in any way infringe the intellectual property rights of any person.
  59. Security
  60. For information regarding security and privacy please refer to the Healthcare United Privacy Policy.
  61. Disclaimers and Limitation of Liability
  62. Except where to do so would cause any part of these Terms and Conditions to be illegal, void or unenforceable, the Company:
  63. Excludes all conditions and warranties implied by these Terms;
  64. To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused including negligence, which may be directly or indirectly suffered, in connection with use of this website; and
  65. Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website or service provided by Healthcare United.
  66. Without limiting the general disclaimer, Healthcare United;
  67. Is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
  68. Will not be liable for disruptions to this website or general down time for maintenance; and
  69. Is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this website or any data, workbooks, invoices, spreadsheets or other material supplied by Healthcare United. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses.
  70. Privacy Policy
  71. Please read our Privacy Policy for information relating specifically to Healthcare United’s privacy obligations under the Privacy Act.
  72. Governing Law
  73. All sales are deemed to be made in Australia and therefore are governed in accordance with the Law of the relevant State and the Commonwealth of Australia.