TERMS & CONDITIONS
These terms and conditions govern the relationship between Medstock Pty Ltd ABN 58 640 231 241 (“Medstock”) and any person (“customer”) who purchases Goods from Medstock, unless expressly agreed otherwise in writing. By requesting the supply of Goods from Medstock, the customer acknowledges and agrees to these Terms.
Variation of Terms
Medstock reserves the right to amend these terms as necessary to protect its legitimate business interests.
1. Sale and Purchase
1.1. The customer warrants that the individual placing the order has the authority to do so.
1.2. Medstock may decline all or part of a purchase order for any reason, including the unavailability of Goods, by notifying the customer before issuing an invoice.
1.3. If Medstock declines a purchase order due to Goods being out of stock, the customer may request Medstock to place out-of-stock Goods on backorder. If Medstock accepts, the following provisions apply:
a. Medstock will endeavour to procure the Goods within 90 days (or longer as agreed) of acceptance of the backorder.
1.4. Unless otherwise agreed in writing, purchase orders cannot be cancelled after acceptance by Medstock.
2. Payment
2.1. The customer warrants that the individual placing the order has the authority to do so.
2.2. Payment for Goods is due in full, without deduction, withholding, or set-off, within 30 days from the date of the invoice issued by Medstock.
2.3. Payment for backordered Goods will not be required until such Goods are available and ready for despatch to the customer.
2.4. Medstock reserves the right, at its sole discretion, to require payment in full prior to the despatch of any Goods.
3. Pricing
3.1. All prices are based on Medstock’s current list price at the time of order placement and are exclusive of GST, delivery or transportation charges, unless otherwise specified in writing.
3.2. Any written quotation provided by Medstock shall remain valid for thirty (30) days from the date of issuance, unless expressly stated otherwise.
3.3. Prices for Goods may be subject to change without notice and at any time due to factors including, but not limited to, operational costs, inflation and market conditions. Medstock reserves the right to adjust pricing accordingly.
3.4. Delivery charges and minimum order thresholds for free delivery are set at Medstock’s discretion and may vary depending on location or order size. These terms are periodically reviewed and subject to adjustment without prior notice.
4. Warranties
4.1. Except as set out in these Terms or otherwise expressly agreed in writing, all conditions, representations, warranties, terms, and undertakings, whether express or implied, are excluded to the maximum extent permitted by law. Nothing in these Terms excludes, restricts, or modifies any rights that customers may have under the Australian Consumer Law or any other rights which by law cannot be excluded.
4.2. Warranty Claims for Defective Goods
4.2.1. Warranty claims for defective Goods will be handled in accordance with the manufacturer’s warranty policy or any applicable legislation. Medstock will facilitate the claim process as required, to ensure that customer rights under the Australian Consumer Law (ACL) or other relevant laws are respected.
5. Product Returns, Refunds, and Credits
5.1. This clause does not limit the customer’s rights in relation to Goods under the Australian Consumer Law (ACL) where Goods are subject to consumer guarantees.
5.2. Inspection and Notification of Claims
5.2.1. The customer must inspect all Goods immediately upon delivery. Returns may only be made if:
a. The Goods do not materially comply with the customer’s order; or
b. The return is permitted under the ACL.
5.2.2. If any Goods are found to be damaged, defective or incorrect upon delivery, the customer must notify Medstock in writing within fourteen (14) days from the delivery date by emailing customersupport@medstock.com.au and providing the invoice number along with a description of the issue.
5.3. Returns for Damaged, Incorrect or Faulty Goods
5.3.1. If the Goods are damaged, defective or supplied incorrectly due to Medstock’s error, Medstock will either replace the affected Goods or provide the correct Goods, at no cost to the customer. In these cases, Medstock will arrange for the return of the incorrect or damaged Goods and will cover all associated freight costs.
5.3.2. Procedure for Returns of Damaged or Incorrect Goods:
a. Upon approval, Medstock will issue a Returns Authority Number to the customer and provide a consignment label for the collection of Goods.
b. The customer must securely package the Goods, print and affix the provided consignment label to complete the return.
c. Medstock reserves the right to withhold credit or refund until the returned Goods are received and inspected.
5.4. Change of Mind Returns
5.4.1. Medstock may, at its sole discretion, accept returns for change of mind, provided the customer notifies Medstock within fourteen (14) days from the delivery date. In such cases, the customer is responsible for all return freight charges, and a restocking fee may apply.
5.4.2. Procedure for Change of Mind Returns:
a. Goods must be returned in saleable condition, which includes:
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- Original, unopened packaging;
- Goods that are unmarked, untaped and undamaged and in “as new” and saleable condition.
b. The customer must arrange and cover all freight costs. Medstock recommends using a reliable shipping method with tracking to ensure safe return of the Goods.
c. Returns must be sent to the following address:
Medstock Pty Ltd
15 Mercantile Court
Molendinar QLD 4214
5.5. Conditions for Issuance of Credit or Refunds
5.5.1. Damaged, Defective or Incorrectly Supplied Goods: Goods returned due to damage, defect or an error in supply by Medstock will be verified and inspected upon return. Where confirmed, Medstock will issue a credit or refund without requiring saleable condition.
5.5.2. Change of Mind: For Goods returned due to a change of mind, the customer must ensure the items are in original, undamaged, unopened packaging and are unused and in saleable condition. Restocking fees may apply.
5.6. Contact Information
For all returns, please contact Medstock Customer Support via email at customersupport@medstock.com.au or by phone a 1300 652 763.
5.7. Policy on Expired Products
5.7.1. Medstock does not authorise or process credit claims for expired Goods, which remain the responsibility of the customer. Customers are encouraged to maintain proper stock rotation practices to avoid holding expired stock.
5.7.2. To support effective stock management, Medstock may offer tailored guidance to optimise customers’ product selection and stock levels based on demand trends. In certain cases, Medstock may extend discounted pricing on new product orders to eligible customers.
6. Modular Units and Divider Racks
The customer agrees to the following terms when opting to stock Medstock’s Modular or Display Unit(s):
6.1. Stock: The customer agrees to adequately stock the Modular or Display Unit(s) with saleable Goods exclusively of the agreed brand (Medstock and Kidaroos) and shall not display other brands in or on the Modular or Display Unit(s).
6.2. Alterations and Care: The customer agrees to maintain the Modular or Display Unit(s) in a reasonable condition and to care for them appropriately. The retailer shall not make any modifications or alterations to the Modular or Display Unit(s).
6.3. Ownership: The Modular or Display Unit(s) remain the property of Medstock Pty Ltd. Should the customer decide to cease stocking the agreed brand, the Modular or Display Unit(s) must be returned to Medstock Pty Ltd in a serviceable condition. The customer is responsible for all return freight charges.
6.4. Indemnity: Medstock Pty Ltd disclaims any liability for losses, damages, or accidents resulting from the use of the Modular or Display Unit(s).
7. Delivery and Risk
7.1. The risk in the Goods shall pass to the customer immediately upon delivery or, where the customer is to arrange delivery, when the Goods are collected by the customer or its carrier.
7.2. Delivery times are estimates only, and Medstock is not liable for delays beyond its control.
7.3. Medstock will deliver each order to the location either as specified by the customer in the order or as directed by the customer, between the hours of 9 am to 5 pm on any day Monday to Friday, not including public holidays in the state/territory of delivery.
7.4. It is the customer’s responsibility to inspect the Goods when they are received for defects and damage.
8. Force Majeure
8.1. Medstock is not liable for delays caused by circumstances beyond its control.
9. Privacy
9.1. The customer consents to the collection of personal information in order to provide the customer with Goods or services requested. Without this information, Medstock cannot provide Goods and services under these terms.
9.2. Medstock may contact the customer with marketing material about Medstock and Medstock’s related businesses that may interest the customer.
10. Resupply
10.1. Medstock does not permit the resupply of Medstock Goods outside Australia.
11. Regulatory Matters
11.1. The customer will notify Medstock in a timely manner of:
a. Any adverse event with respect to any of its supplied Goods;
b. Customer feedback, including complaints in the form of written, electronic, or oral communication that allege deficiencies in the safety or performance of any Goods. All parties will work together to resolve such matters.
12. Product Recall
12.1. Medstock shall have the right at any time to request that any of the Goods supplied to the customer be recalled for health, safety, product quality, regulatory, or warranty non-compliance reasons, and the customer agrees to provide all reasonable cooperation with Medstock and/or its nominee in effecting such product recalls.
13. Use of Medstock’s Website
13.1. Information on the Website: The information contained on Medstock’s website at www.medstock.com.au is for general information purposes only. Advice received via the website should not be relied upon for personal, medical, legal, or financial decisions, and customers should consult an appropriate professional for specific advice tailored to their situation.
13.2. Customers acknowledge that information available on the website may be modified, updated, or replaced by Medstock without notice.
14. Title
14.1. The property in Goods shall not pass from Medstock until the customer’s indebtedness to Medstock pursuant to any outstanding invoices from Medstock to the customer in relation to those Goods is paid in full.
14.2. The customer shall store the Goods in such a way that they do not become spoiled or damaged.
15. Personal Property Securities Act 2009
15.1. The customer acknowledges that these Terms constitute a security agreement which creates a security interest under the Personal Property Securities Act 2009 (Cth) (‘PPSA’) in favour of Medstock in all Goods and their proceeds supplied by Medstock to the customer at any time to secure the payment of all amounts, and the performance of all obligations, owing by the customer to Medstock in connection with any such Goods. The customer agrees, at its cost, to provide such information, sign such documents and do such other things as Medstock may require in order to enable Medstock to register and perfect that security interest and obtain and maintain a first-ranking priority position over the Goods and their proceeds.
16. Miscellaneous
16.1. The customer shall notify Medstock in writing of any intended sale of the customer’s business, which includes or purports to include the Goods as part of the customer’s property.
By accessing Medstock products and services, users agree to abide by these terms. Medstock reserves the right to modify these terms without notice. For inquiries, please contact Medstock’s customer service.
