Terms & Conditions

 

 

Terms and Conditions for Zephyr Medical Pty Ltd (ACN 638 267 777) as trustee for the Sabh 13 Family Trust ABN 97 804 369 718

 

The purpose of these terms and conditions of purchase is to set out the terms of interaction between Zephyr Medical Pty Ltd (ACN 638 267 777) as trustee for the Sabh 13 Family Trust ABN 97 804 369 718 (‘Zephyr Medical’) and its customers. Please read the terms and conditions of purchase to ensure awareness of your obligations as a customer and the obligations of Zephyr Medical.

 

​Products sold by Zephyr Medical are protected by Australian Consumer Law.

 

Ordering products

 

By placing an order for any products from Zephyr Medical you are deemed to have accepted all of these terms and conditions.

 

Upon placing an order for any products, you will be provided with a quote. If you accept the quote, you will be sent an invoice reflecting the quote provided to you.

 

Payment and delivery

 

You are required to pay all invoices within 2 weeks of the date of the invoice. Payment can be made by bank transfer to the account nominated in the invoice. The prices stated on the invoice are inclusive of GST unless stated otherwise.

 

Once payment of the invoice is received as cleared funds in Zephyr Medical’s nominated account (Payment), Zephyr Medical will place an order for the products with the supplier.

 

Unless otherwise advised by Zephyr Medical, products will be delivered within 2 to 4 weeks of Payment. Zephyr Medical will not be liable for any delay of the delivery of the products. If there is a delay with the delivery of the products, Zephyr Medical will endeavor to notify you of the revised delivery time.

 

Upon delivery of the products, Zephyr Medical will fit the products and teach you how to use the products in your first fitting session. If you require a second fitting session Zephyr Medical will charge a call out fee of $50-$150 or more dependent on location.

 

If you elect to make a health insurance claim for the products supplied by Zephyr Medical, you will be responsible for making the claim and for all aspects of that claim. Zephyr Medical has no obligation to you in respect of any health insurance claim.

 

Cancellation of an Order

 

Your products will be customised according to your prescriptive needs. Once an order is placed upon Payment, Zephyr Medical is unable to cancel the order, exchange the products or provide any refund of the products (unless the product is damaged or faulty upon delivery or as otherwise required by the Australian Consumer Law) as the products cannot be reused for another customer.

 

 

Warranty

 

Zephyr Medical warrants that:

 

• the products supplied will comply with your prescription known to or given to Precision Optometry; and

• the products supplied will comply with Australian Standards;

 

Zephyr Medical offer manufacturer’s warranties for defective products. For all warranty issues you must contact Zephyr Medical. If the products are deemed to be defective, Zephyr Medical will repair or replace the products or issue a refund at the discretion of Zephyr Medical. Precision Optometry will not repair or replace any products if a defect has arisen due to improper use of the products, or if you or a third party has attempted to modify the products, or has modified the products, or if the products have been used for purposes for which they were not intended.

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Zephyr Medical does not provide a warranty for normal wear and tear or accidental damage including but not limited to scratching of frames or lenses, bending of a frame or breakage of the frame due to mishandling or accident.

 

If for any reason the product has been damaged, lost or stolen during the delivery process, Zephyr Medical shall bear the risk. Title and risk will transfer to you upon delivery of the products to you.

 

Nothing in these terms and conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited including the Australian Consumer Law.

 

Jurisdiction and applicable law

 

The terms and conditions of purchase shall be construed in accordance with the laws of Queensland, Australia. Any dispute arising from or related to these terms and conditions shall be subject to the Queensland jurisdiction. If a provision of these terms and conditions is or becomes illegal, invalid or unenforceable that clause shall not affect the validity or enforceability of any other provision.

 

If you are acting as a power of attorney of any person who is the purchaser of the products supplied by Zephyr Medical, you agree to these terms and conditions and have authority to accept these terms and conditions on behalf of that purchaser.