Terms and Conditions
These terms and conditions apply to use and access to this website and purchase of products offered for sale on or through this web site from Compumedics Limited (ACN 006 854 897) through its division of NeuroMedical Supplies. In using this website, including purchasing products advertised or sold through this website, you agree to be bound by these terms and conditions. We reserve the right to update these terms and conditions and this website from time to time without notice to you.
The terms we, our and NeuroMedical Supplies in this web site are a reference to Compumedics Limited. The term you, Your and customer in this website is a reference to the person or company reading this website and/or purchasing products offered for sale or advertised through this website. The term website is a reference to this NeuroMedical Supplies website.
While we make all reasonable efforts to maximize the accuracy of the information contained on this website, we make no warranties that the content of the website is error free or up to date.
QUALITY ASSURANCE AND WARRANTY
All products manufactured or supplied by Compumedics NeuroMedical Supplies are guaranteed to be free from defects in workmanship and materials. (Please refer to our product warranty statement.)
Damage to products whether caused by misuse, abuse or negligent handling of the products after the products are shipped from us voids the warranty.
The warranty period for all items sold by NeuroMedical Supplies is the amount of time specified by the product manufacturer. In the case of goods manufactured by us the warranty period is 90 days unless otherwise stated.
The warranty does not cover damage caused by or contributed to by any attempt to alter the product or wear and tear.
Products advertised or sold through this website are solely for the use prescribed by the manufacturer of that product. It is up to you to determine whether the products advertised or offered for sale are suitable for your purposes. Except as expressly stated in this website, we make no representations as to the suitability of these products for your purposes and to the full extent permitted by law, we disclaim all implied warranties as to merchantability and fitness for purpose of those products.
Cleaning and sterilization of multi-use products are the responsibility of the end user. Pre-sterilized, disposable products are intended for one-time use, only. Re-sterilization or re-use of any pre-sterilized disposable product voids any and all warranties and you release us from any liability arising from such misuse.
Compumedics NeuroMedical Supplies does not accept responsibility for any loss, damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (i) the supplying of the products provided by us again or (ii) the payment of the cost of having the products supplied by us again.
Compumedics NeuroMedical Supplies is not responsible for injury, infection, or other damage resulting from the use or misuse of its products.
Compumedics NeuroMedical Supplies will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of products supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
On no account shall Compumedics NeuroMedical Supplies be liable for any profit foregone, loss of sales, loss of opportunity or any other direct, indirect, special or consequential loss or damage arising from purchase or use of our products or use of this website.
Any use of products outside the manufacturer’s terms is expressly prohibited and will immediately void all warranties. Any unlawful use of the products will immediately void all warranties
EXCEPTION TO DISCLAIMER
The disclaimer set out in these terms and conditions does not attempt or propose to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
RETURNS AND CLAIMS
Any product that fails due to sub-standard materials or workmanship (“a defective product”) will be replaced at no extra charge, however, return shipment of any such item must be prepaid by the customer.
Before returning a non defective product, please call for a return merchandise authorization form (RMA). Authorized returns of non defective products are subject to a restocking fee of either 15% of the sales price of the product or $25 USD, whichever is greater. Products must be returned in their original condition and packaging, clean and undamaged, to qualify for credit.
Please ship any returned products prepaid, with a copy of the original invoice and return merchandise authorization form, issued by Technical Support personnel, citing the circumstance causing the return. Your account will be credited for the purchase price of the non-defective products, less any restocking charges. Compumedics NeuroMedical Supplies will not accept returns on custom items or on any items in relation to which the warranty has been voided.
Compumedics NeuroMedical Supplies will not accept returns on products beyond a period of 14 days from the date of receipt by you of the product, except in relation to a defective product.
Compumedics NeuroMedical Supplies will accept return of defective products at any time within the warranty period with appropriate RMA, provided such product is returned within 14 days of the defect becoming apparent.
You are responsible for the inspection of products upon receipt of those products and any damage to the products upon unpacking must be reported to Compumedics NeuroMedical Supplies immediately
Federal law limits the sale and use of many of these products to, or on the order of, a licensed physician.
You agree to supply to us all necessary information and identification required by us in order to enable compliance with any such laws. You agree to comply with all other requirements imposed by law in relation to ordering, purchase and use of such products.
CREDIT TERMS, SALES AND SERVICE
Compumedics NeuroMedical Supplies requires a minimum purchase amount of $35.00 (Domestic). Upon credit approval, payment terms can be Net 30 days; otherwise, we accept payments by wire transfer or credit card (AMEX, MC,VISA).
Credit terms can be extended, with approved application, to most first-time customers. Net 30 day terms will apply as long as the customer retains their good credit standing. Overdue payments will accrue finance charges at a rate of 1.5% (18% Annual Percentage Rate), of the unpaid balance, per month. You are responsible for any additional cost incurred in attempting to collect from a delinquent account and you will be invoiced for this. No finance charges will be accrued on an order if payment is postmarked within 30 days of the invoice date.
SHIPPING INFORMATION AND CHARGES
Compumedics NeuroMedical Supplies normally requires approximately 5 days for delivery within the United States. Other delivery services, including overnight delivery are available at additional cost to the customer and should be requested at the time you place your order.
Compumedics NeuroMedical Supplies prepays shipping, handling and insurance charges and these charges will be added to your invoice.
CANCELLATION DUE TO ERROR
Despite our reasonable precautions, products offered for sale on this website may be listed at an incorrect price or the listing may contain incorrect information about that product. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and payment has been made or inform you of the correct price or other information relevant to the product and subject to your confirmation proceed with the transaction at the correct price or upon receipt by you of the correct information. We reserve this right up until the time of delivery of the product. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will, within a reasonable time, issue notification of cancellation and credit to your credit card account for the amount in question.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own or a third party computer system (including loss of data) which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated.
We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
We make no warranty that the products offered for sale on this web site will meet your requirements. In the event that an order for products offered for sale on this web site is delayed or fails to be processed, we do not accept any responsibility for such occurrence.
Details contained on this web site relating to products have been prepared in accordance with the laws in force in the state of Minnesota law and may not satisfy the laws of any other country. We do no warrant that the details on this web site concerning the advertising will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside the State Of Minnesota and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmissions to us or data or of information contained in your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
You agree to indemnify (and to keep indemnified) us (including our officers, employees, servants and agents) from and against all actions, claims, demands, costs and expenses including any loss or liability incurred by us or any loss or expense incurred by us in dealing with any claim against us, including legal costs and expenses on a solicitor/own client basis arising from your actions including but not limited to:
– any of your acts or omissions in purchasing any products provided through this web site;
– any acts or omissions done by you, or your employees, agents or subcontractors in connection with the products provided on this web site, where those acts or omissions were negligent or unlawful or where there was willful misconduct;
– any breach by you of your obligations under these terms and conditions.
Your liability to indemnify us under this clause will be reduced proportionally to the extent that we, or our officers, employees or agents acted negligently or unlawfully and this contributed to our loss. The indemnity given under this clause does not exclude any other rights we have under these terms and conditions or at general law. This indemnity will survive expiration or earlier termination of these terms and conditions.
Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned by us or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant Copyright legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:
– adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
– commercialize any information, products or services obtained from any part of this website; without our written permission.
Unless we agree otherwise in writing, you are provided with access to this web site only for the purpose of locating and where you choose to do so, selecting and buying products supplied by us. You are authorized to print a copy of any information contained on this web site solely for that purpose. Without limiting the forgoing, you may not without our written permission on-sell information obtained from this web site.
LINKED WEB SITES
This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites or the security of other linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary by us.
HOW WE HANDLE EMAILS
We may preserve the content of any email you send us where we have the legal entitlement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Such information is transmitted at your own risk.Ã‚ Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information from access by unauthorized third parties. However, we are not responsible for access by unauthorized third parties.
These terms and conditions are governed by the laws in force in State of Minnesota. You agree to submit to the exclusive jurisdiction of the courts of the State of Minnesota.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.