Terms and Conditions
Website terms and conditions
Terms and conditions:
1. Website Terms and Conditions and Privacy statement:
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products listed on this Website (“Product(s)”) to you (“customer”, “you”, “your”). Please read these terms and conditions carefully before ordering any Products (“Products”) from this website (“Website”). You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference, as this is an agreement between yourself and FM Distribution. Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Website.
2. Information about us:
This Website is operated by FM Distribution Pty Ltd (“FM Distribution”, “we”, “us”, “our”). We are registered in Australia under ABN 80 160 197 491 with our registered main trading address at 16/35 Paringa Road, Murarrie, 4172, QLD.
Our Products are intended to be used for commercial use. Please note that FM Distribution monitors the use of all devices and their accessories sold, leased or rent in Australia and New Zealand for medical certification purposes. All transactions are processed in Australian Dollars currency ($AUD).3. Service availability:
Our Website is only intended for use by people who reside within Australia and New Zealand. We do not accept orders from individuals outside these countries.
4. Your status:
By placing an order through our Website, you warrant that:
(a) You are at least 18 years old;
(b) You are legally capable of entering into a binding contract;
(c) You are a resident of either Australia or New Zealand; and
(d) You are accessing our Website from one of the above countries.
5. How the contract is formed between you and us:
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. This however does not mean that your order has been accepted. Your order constitutes an offer to us to buy Product(s).
All orders are subject to acceptance by FM Distribution, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”).
The contract between FM Distribution and you to deliver any Product(s) (“Contract”), will only be formed when we send you the Dispatch Confirmation email.
FM Distribution is not responsible for delays in delivery of the Product(s) beyond its control. The mere fact that a stated or agreed delivery or other period has been exceeded shall not cause FM Distribution to be in default or in breach of the Contract.
6. Our status:
Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review the terms and conditions applying to that transaction.
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that Products you purchase from third party sellers through our site, or from companies to whose websites we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
7. Your consumer rights:
If you are contracting as a consumer, you may cancel the contract at any time within seven working days, from the time of purchase. In this case, you will receive a full refund of the price paid for the Products.
To cancel a Contract, you must inform FM Distribution in writing. You must also return the Product(s) immediately, in the same condition in which you received them, and at your own cost and risk with all associated documentation. All packaging and accessories must be intact and complete. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, FM Distribution has the right to take action against you for compensation for any damage to the Products.
If for any reason, a customer chooses to return any Product to FM Distribution, there is a seven-day cooling-off period from time of purchase. FM Distribution will refund the price of the Product in full, not including the invoiced freight price.
The content on our Website is for your general information and use. FM Distribution will use all reasonable endeavours to ensure the accuracy of the content. However, FM Distribution cannot guarantee or warrant the accuracy or completeness, availability or reliability of any Content on the Website and cannot accept any liability for any errors or omissions in the Content. In addition to your consumer right to cancel (above), if you are purchasing as a consumer and a Product ordered by you does not conform to the specification provided on the Website listed above you may return the Product to us at your cost within a period of 7 days from the time of purchase to receive a refund, not including the postage and handling.
8. Risk and title:
Ownership of the Product(s) will only pass to you when FM Distribution receives full payment of all sums due in respect of the Product(s), including delivery charges. If for any reason a customer does not complete payments on time or breaches these terms and conditions, FM Distribution has the right to commence legal proceedings, debt collection or repossession. The Product(s) will be at the customers risk from the time of dispatch including when title/ownership belongs to FM Distribution.
You hereby grant us a security interest to FM Distribution in respect of the Product(s) (“the Secured Product(s)”). If you are default under these terms and conditions, then FM Distribution will be entitled without notice to repossess the Secured Product(s). You authorise FM Distribution or its representatives, servants, agents or employees to enter the property where the Secured Product(s) are situated for the purpose of repossession. FM Distribution will not be liable for any costs, expenses, damage, loss of any kind suffered by you as a result of repossession. If FM Distribution takes possession of the Secured Product(s) or the proceeds and after deduction of all money you owe to FM Distribution (including any interest due and including any expense occurred by FM Distribution in enforcing its rights including legal costs) there is a surplus, FM Distribution will pay that surplus to you.
9. Price and payment:
The price of any Product(s) will be as quoted on our Website listed above and are subject to change by FM Distribution.
These prices include GST at the end of the shopping cart but exclude delivery costs, which will be added to the total amount due as set out in our Order Confirmation page.
Prices are liable to change at any time. Any changes will not affect orders that have already been confirmed via the e-mailed confirmation.
If full payment is not made by you to FM Distribution in accordance with the applicable Dispatch Confirmation (including timing for payment of the applicable deposit and balance of the purchase price as recorded in the order form and special terms), you will be in default under the Contract and FM Distribution may exercise all of the rights and remedies set out in the these terms and conditions and otherwise available at law, including the following:
(a) you will pay interest on the default monies at the rate of 2.5% per month payable on a daily basis from the due date; and
(b) you will be liable for all expenses (including legal costs) incurred by FM Distribution as a result of the default; and
(c) FM Distribution may withhold the further supply of Product(s).
The Website contains a large number of Product(s) and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. FM Distribution will verify prices as part of our dispatch procedures where needed. When a Product(s) correct price is less than our stated price, we will charge the lower amount when dispatching the Product(s) to you. If a Product(s) correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product(s), or reject your order and notify you of such rejection.
FM Distribution is under no obligation to provide the Product to you at the incorrect (lower) price, even after a customer may have received a Dispatch Confirmation. It is at the discretion of FM Distribution to choose to ignore such an event as an obvious mistake, administration issue or pricing error.
Payment for all Products must be made by Credit or Debit Card through our secure online payment facility which goes through FM Distribution eWay / Westpac merchant facilities. Please note that your order will be charged in Australian dollars (AUD$). The currency conversion is to be used as a pricing guide only. The actual amount you will be charged will be the Australian dollar (AUD$) amount and converted by your card provider at the exchange rate at the time the payment is processed.
Please note your Credit Card provider may charge you an additional conversion fee as well. We do not ship to Post Office boxes or alternate addresses outside of Australia.
10. Security Policy:
When purchasing from FM Distribution, your financial details are passed through a secure server using 128-bit SSL (secure sockets layer) encryption technology, which is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre.
FM Distribution warrants you that any Product(s) purchased from FM Distribution through our Website listed above at the date of dispatch to you, are of satisfactory quality and reasonably fit for the purposes set out on our Website. FM Distribution will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of the Product(s) supplied by FM Distribution. Unless otherwise required by law, no other warranties are given in respect of the Product(s) and you should check our Website to ensure that the Product(s) are appropriate for your intended use.
In the event that the Product(s) delivered do not comply with the product information contained on our Websites, please return the Product(s) within 7 working days (the Cooling Off period) specifying the reason why you are returning it, for reference for FM Distribution (Nothing in this clause affects any consumer rights you may have as a customer).
All returns are to be made at the your cost.
Our after sales service is the only authorised provider of repair services for the Products under warranty. Where goods are defective, FM Distribution shall not be responsible for returning a Product that has been repaired or modified by any unauthorised person.
The warranty above does not apply in the case of defects and deterioration resulting from external events, accidents, electrical faults, wear and tear, installation or use other than in accordance with the instructions provided with the Product. Any Product that is modified, repaired, integrated or added by the customer or any other unauthorized person is excluded from the warranty.
You acknowledge that notwithstanding any information or testimonials included with any offer, FM Distribution have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever about future prospects or earnings, or that you will earn any money, with respect to the use of the Product(s), and that FM Distribution have not authorised any such projection, promise, or representation by others. Any earnings or income statements, or any earnings or income examples provided to you are only estimates. There is no assurance you will do as well as stated in any examples. To the extent you rely upon any examples provided, you must accept the entire business risk of not doing as well as the examples. Your success with using the Products depends on a variety of factors. FM Distribution have no way of knowing how well you will do in the future, as this will depend on your background, work ethic, dedication, motivation, marketing ability, and business acumen, as well as the state of the economy.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product(s) you purchase.
This does not exclude or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses (i.e. losses that are not foreseeable by you and us) including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time;
You shall defend FM Distribution against any third party proceeding that relates to your use of the Product(s), including without limitation, any such use in breach of these terms and conditions or the Product’s user manual, or use by third parties. You shall select legal representation reasonably appropriate for such defence and shall pay for all costs incurred by such representation. In addition, you shall pay any damage awards or settlement costs against FM Distribution. FM Distribution may participate in the defence with legal representation of its own choice, at its own expense.
Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
15. Written communication:
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Websites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This will not limit FM Distribution from only using electronic means of communication. These conditions do not affect your consumer rights.
All notices given by you to us must be given to FM Distribution, 16/35 Paringa Road, Murarrie, QLD. We may give notice to you at either the e-mail or postal address you provide to us when placing an order
17. Events outside our control:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Intellectual property rights:
The copyright, trademarks, domain names and other intellectual property rights (“Intellectual Property Rights”) in all material and information on our Website (“the Content”) belongs to us or (if it has been licensed to us) to the licensor. All rights are reserved.
You may download or print off copies of the Content of this Website for your personal, non commercial use and information only but, any copying or adaptation of the Content, layout or code of this Website, or the creation of an archive or database containing the Content (in whole or part), for any business purpose or other commercial exploitation, without our specific consent will constitute copyright and/or Trade Mark infringement.
If you do download or print off copies of the Content you must retain any copyright or other intellectual property notices contained in the original material.
You may not copy, distribute or display the Website or any part of it to third parties. You may not link to any part of the Website. Any infringement of any Intellectual Property Rights in this manner may result in appropriate legal action being taken against you. All other rights are reserved.
If FM Distribution fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clauses above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement:
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
22. Our right to vary these terms and conditions:
We have the right to revise and amend these terms and conditions from time to time, where FM Distribution sees fit.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
The Contract may be terminated by FM Distribution's written notice to the Purchaser that no further Product(s) will be supplied due to:
(a) your default under the Contract; or
(b) your becoming insolvent; or being subject to the appointment of a receiver, manager, liquidator, or statutory manager; or committing an act of bankruptcy; or making a scheme of arrangement with its creditors; or being unlikely to be able to meet its obligations to FM Distribution (in the opinion of FM Distribution).
The agreements of the parties will not merge with termination under this clause. Clauses 1, 5, 7, 8, 9, and 12- 24 will survive termination of this contract.
24. Law and jurisdiction:
Contracts for the purchase of Product(s) through our Website and any dispute or claim arising out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Queensland, Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) or these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of Queensland, Australia.
25. Privacy statement:
At FM Distribution, we are committed to protecting your privacy while you visit our Website and use our Products and services. You can travel throughout most of our Website without giving us any information about yourself. Sometimes we may ask you for information so that we can provide a service you request (such as subscribing to a newsletter, free trial or purchasing Products). This privacy statement explains how we protect your privacy and our collection and use of the information you provide us with.
We will ask you when we require personal information from you. No personally identifying information will be gathered about you without your consent. When you supply us with information, it may be stored in a database or other storage medium. You can change or remove the information we hold about you by logging in to the Client Area and editing this information or by contacting us.
No details of your credit card number will be recorded in our database and all transactions requiring credit card information will be passed through our secure gateway and will only be handled by our bank in order to process any online purchases you may make with us.
We will not disclose your information to third parties without your consent except to the extent that we have hired a company to act on our behalf to provide a postal, Product ordering or support service including and not limiting FM Distribution to: debt recovery, repossession, etc. In this situation, we will only provide those companies with the information they need in order to deliver the service.
We may disclose your personal information to a third party if required to do so by law or in the belief that such action is necessary to either (a) defend the rights, interests or property of FM Distribution or (b) protect the personal safety of users of our Website, users of our Products/services or the public.
We will not use the information you provide us with to communicate with you except if we are required to do, in order to fulfil any obligation we have to you as a customer or to improve our services, or under the following four circumstances 1) where the purpose of you providing us with that information was for us to contact you; 2) you purchased one of our Products at which stage you may receive confirmation emails after your purchase to confirm your order and provide you with information about your purchase; 3) in the event that we believe there was a problem with an order, whether completed or pending; 4) if we discover an urgent technical issue related to the Product you purchased and we deem it necessary to contact you; 5) to send you periodic emails that may include company news, updates, related product or service information, or promotions. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may choose not to receive these emails by contacting us.