Our T&Cs weren’t written to provide loopholes…

they were written in the spirit of fairness. Our intention is to be more than fair with our customers (we want them forever) we simply ask that you be fair with us too.

Talk to us… we’ll always be looking for a way to sort an issue out that suits everyone. If you have a problem, please talk to us. We’ll do everything in our power to fix it.

Now the boring stuff. Read it please with the understanding that our intention is to be fair. If you see something you think is unreasonable, please let us know before we do business. Maybe we missed something, or we haven’t worded a condition as well as we could have and it has been misunderstood. Thank you. There’s the official version in black written by the lawyers, and our understanding of what it means in a friendlier orange, written by us.

1. The manufacturer and/or supplier of goods (and the Company referred to herein) is Medhurst Equipment Pty Ltd which takes responsibility under the Trades Practices Act, and all Consumer legislation both State and Federal, and in no event shall liability of the Company exceed the price of the goods supplied by the Company.

You can’t sue us for more than the price of the product we supply… and you won’t have to sue us anyway. We’ll go out of our way to be fair.

2. Any variations in specifications, materials, prices, styles and colours of products will be made in consultation between the Buyer and the Company.

We’ll talk to you before we deliver anything that isn’t as specified or something has changed.

3. The customers first purchase with the Company will be on a pro forma basis.

Polite and in good faith. Always. Fair and respectful people dealing with fair and respectful people. You pay up front the first time… then we go through the process of opening an account.

4. Unless otherwise agreed in writing the price for all goods shall be the price at the date of delivery. Price lists are only indications and must be read subject to alterations to the price ruling by the Company at the delivery date.

Variations occur. If the product was cheaper than on the price list, you’ll get it at that price. If it was more expensive, we’ll let you know before you make the purchase. Things change, we should both be flexible.

5. Claims arising from invoices must be made within 7 working days.

We’ll understand if there’s been a family crisis or some kind of catastrophe… and sometimes people just forget. It happens. We’ll be understanding, but please be fair with us too and understand that we have people to pay too.

6. The customer shall inspect the goods immediately on arrival and shall within 7 days of such inspection give notice to the Company of any matter or thing by reason whereof he may allege either a claim against the seller or that the goods are not in accordance with the Contract.

Please check your delivery and let us know if there’s a problem asap so that we can fix any issues quickly. Better for you. Better for us. Better for someone who might need the product that was sent to you in error. Mistakes happen… not often, but it’s better for all of us that it doesn’t get out of control.

7. No liability shall be incurred by the Company for late delivery, or failure to deliver.

Make sure you order and have your order confirmed early. Things can go wrong with deliveries and we’ll be doing everything we can to make sure it doesn’t.

8. The customer will pay the price of the goods either prior to the delivery, without set-off or counterclaim, or if credit arrangements have been made, payment for the goods must be made no later than 30 days from invoice date, or within such other period as may be notified by the Company.

Talk to us if you think payment is going to be late. There are things we can do to take the pressure off… and knowing will help take the pressure off us.

9. Title in the goods shall not pass to the Buyer until payment is made in full, but risk will pass upon delivery. The Company reserves the right to take possession of and dispose of the goods as it sees fit at any time until full payment has been made and the Applicant hereby grants permission to the Company or their Agent to enter upon any land or premises where the goods are stored in order to do so.

We own it until you’ve paid for it 🙂 If you decide not to pay for it for whatever reason, we can come and get it.

10. It is agreed that the property in the goods shall only pass to the customer when completely paid for, and at any time prior thereto the Company has the right to retrieve the goods notwithstanding that the customer may have gone bankrupt or being a company gone into liquidation.

See above. We don’t know why the lawyer made us put this in as well 🙂

11. If the purchaser defaults in any payment (which is) due to the Company, all monies owing for products delivered shall be payable forthwith. Amounts not paid by the purchaser by the due date shall bear interest at the rate of 12% per annum (or maxi- mum allowed by law) on the unpaid balance, from the date of delivery to the date of payment.

If cash-flow becomes an issue, we’ll understand and we’ll still be friends, but we’ll need to charge some interest. Talk to us.

12. There is a $35.00 ‘returned payment fee’ for any declined cheques or automatic withdrawals.

That’s what the bank charges us. It’s only fair that we pass it on.

13. In the event of default payment of payment when due, all account recovery fees including costs of collection, legal fees and court costs, will become due and payable by the purchaser. All amounts received by the Company shall be credited first against such costs and interest.

If collecting late payments costs us money, any payments will cover those costs first. Again… talk to us early and we’ll try to find ways to get around this.

14. If Medhurst Equipment commences any recovery proceedings pursuant to a breach by the applicant of any of the terms contained herein, the applicant will not claim any set-off or make any counterclaim against the Company within those recovery proceedings.

If you think we’re let you down, it’s too late to call ‘foul’ if we’ve had to start the recovery process. Please talk to us if there’s an issue. Most things can be fixed.

15. The Company will accept goods for return within 30 days of purchase, provided the goods are unused and in their original packaging. No responsibility is accepted by the Company for goods lost or damaged in transit during return to the Company.

If it arrives damaged, we’ll take it back. If it gets damaged on the way back to us, you’ll need to make a claim it against the courier.

16. The cost of freight for returned goods will be at the customers expense unless the Company has previously agreed in writing that the goods are faulty and to accept the returned goods, in which case such can only be returned by the Company’s nominated carriers.

If it’s faulty, we’ll pay for the return with our courier. If you’ve changed your mind, you pay for the return.

17. Goods returned due to customer error will be credited subject to the imposition of a surcharge of up to 20% of the value of the goods returned.

If you order the wrong product, we’ll take it back, but we think it’s fair that you pay 20% of the work that needs to be done at our end. Talk to us if it’s our fault.

18. Proof of delivery will not be provided later than one month after statement date. Thereafter all goods will be considered to have been delivered in good order.

We think this is pretty uncomplicated… no need to explain:)

19. The risk of loss or damage for the goods passes to the buyer at the time the goods are delivered to, or collected, by the carrier. Insurances (if required) are the buyers responsibility and cost.

If you want it insured for it’s trip to you, we’re happy to do the organising at our end as long as you pay insurance costs.

20. Any credit extended to the applicant may be reduced or eliminated in the event the Company, in its reasonable discretion, determined that the applicant’s financial situation or ability to pay is impaired.

We love helping out customers with credit. Things change though. You let us know if you have an issue and we’ll let you know if we can’t carry the debt.

21. In the event of any change in the Applicants trading structure they will remain personally liable for all goods and services requested by themselves or their agent(s) until credit approval is granted by the Company to the new trading structure.

Our arrangement is with you, the Applicant. Talk to us if things change.

22. As the use of the goods are beyond the control of the Company, no liability can be accepted for any failure or alleged failure, and, in the event of any failure not occasioned by the customer, shall be limited to the replacement of the goods.

If you break it, it’s fair that you pay for repair or replacement. If it was broken before you received it, we think it’s fair that we replace it. Talk to us.

22. As the use of the goods are beyond the control of the Company, no liability can be accepted for any failure or alleged failure, and, in the event of any failure not occasioned by the customer, shall be limited to the replacement of the goods.

If you break it, it’s fair that you pay for repair or replacement. If it was broken before you received it, we think it’s fair that we replace it. Talk to us.

23. The Company will stand by warranty of goods as conditioned by the manufacturer. Warranty is limited to failure of faulty materials or workmanship. Failure due to misuse or abuse by customer will be void.

If you break it, it’s fair that you pay for repair or replacement. If it’s not your fault, we’ll sort it out with the manufacturer for you.

24. No special warranties of conditions of use or otherwise are acceptable to the Company unless authorised by the Managing Director of the Company or alternatively under the Seal of the Board of Directors.

If you want a special warranty, you’ll need to talk to the MD. Possible, but unusual.

25. No representations or other conditions are to be deemed applicable except those expressly incorporated by the Trade Practices Act, or similar legislation.

If our lawyer missed something, but it’s in the Act, talk to us 🙂

26. Without limiting the foregoing, if (notwithstanding that the ownership of the property has not passed to the customer) the customer purports to sell to a third party, then the customer shall be deemed to have sold as trustees for the Company and shall hold proceeds of such sale on trust for the Company.

If you sell it before you’ve paid for it, all good, but the proceeds come to us. Thanks 🙂

27. If the customer shall not within such period give such notice the said goods shall be deemed to be in all respects in accordance with the Contract and the customer shall be bound to accept and pay for the same accordingly.

We don’t even know what this means! We’ll check.

28. Notwithstanding anything to the contrary, the customer shall at his own risk take the goods as to their quality or condition to be sufficient for its purpose and the Vendor makes no condition in that regard.

When you buy, make sure that the products is right for what you plan to use it for.

29. Notwithstanding that the credit has been given for the payment of the price the Company shall be entitled to a lien on the goods until payment is received.

We covered this before. It’s ours until you pay for it. Talk to us if you don’t think that’s fair.

30. These conditions may be added to, amended or altered from time to time and shall be of effect when exhibited at the Registered Office of the Company.

Check this page from time to time. We’ll do what we can to highlight changes.

31. By submitting this application, you authorise the Company to make inquiries into the banking and business/trade references that you have supplied.

Enough said 🙂