TERMS AND CONDITIONS OF SALE
Effective Date: 21 September 2023
1. ACCEPTANCE OF TERMS
By purchasing mobility aids and equipment from Mobility Sales & Rentals, you agree to abide by the following Terms & Conditions of Sale. In these Terms & Conditions of Sale, “we”, “us”, or “the Company” refers to Mobility Rentals & Sales, and “you” refers to the individual, organisation, or entity making the purchase. These Terms & Conditions constitute a legally binding agreement between you and us.
2. ORDERS
2.1 Order Placement: You may place an order with us over the telephone or by completing an online order on our website. We reserve the right to accept or reject orders based on factors such as product availability and payment validation.
2.2 Order Confirmation: Upon successful payment validation, we will provide you with an “order reference number” for tracking purposes. This reference number signifies a binding agreement between you and us. Changes to these Terms & Conditions of Sale will only be effective if agreed upon in writing. If you wish to cancel your order, please notify us within 24 hours of placement to request a refund, subject to the conditions outlined herein.
3. AVAILABILITY
3.1 Product Availability: We strive to maintain stock for the products displayed on our website. However, stock levels may change without notice.
3.2 Out-of-Stock Items: If a product you ordered is unavailable, we will contact you to discuss alternatives, including amending, cancelling, or placing your order on backorder, as agreed upon with you.
4. PRICE AND PAYMENT
4.1 Product Pricing: The price for each product is as displayed on our website or communicated over the phone at the time of your order. Prices are inclusive of GST where applicable.
4.2 Payment Options: We accept payments via VISA, MasterCard, American Express, Paypal, and Afterpay.
Other payment methods are subject to prior agreement and specific terms.
4.3 Promotional Codes: Promotional codes are subject to specific terms and conditions and are valid at our discretion. They cannot be used in conjunction with other offers or discounts. Promotional codes do not apply to any hire equipment.
5. DELIVERY
5.1 Delivery Options: We offer delivery services for most products, and a delivery fee may apply. We deliver both internationally and within Australia. We offer a “Pre-Assembled” delivery service locally within Southeast Queensland, where your items will be unpackaged, inspected, assembled and delivered to you. Alternatively, we offer delivery Australia wide via a range of couriers. Items delivered through this method will require some assembly.
5.2 Delivery Tracking: After processing your order, we will provide tracking information to monitor your delivery’s progress. Delivery dates and times may vary due to factors beyond our control.
5.3 Change of Address: To modify a delivery address, please contact our Customer Service Team within 24 hours of order placement. Additional fees may apply for redirection if you are unavailable at the designated address.
5.4 Shipping Costs: Shipping costs are non-refundable. Return shipping expenses are the responsibility of the customer.
6. MOBILITY AIDS & EQUIPMENT ASSEMBLY
6.1 Assembly Requirements: Many of our products may require minor assembly upon delivery. Assembly details are provided during the order process. If you have concerns about assembly, please contact our Customer Service Team.
6.2 Assembly Services: We do not offer international or nationwide assembly services. If you are unsure about your ability to assemble a product, consider engaging a local service provider or professional for assistance. We may provide referrals to service providers, but we do not endorse or accept responsibility for their services or any associated damages.
7. TITLE AND RISK
7.1 Title and Ownership: Title to the products does not transfer to you until we have received full payment. In cases of payment decline, we reserve the right to reclaim and potentially sell the products. Risk of loss, damage, or deterioration to the products passes to you upon delivery.
7.2 Purchase Money Security Interest: You acknowledge that we may register a purchase money security interest in the products under the Personal Properties Securities Act 2009 (Cth) and waive your right to verification statements.
7.3 Costs of Recovery: You agree to cover any costs incurred in recovering outstanding payments, including telephone, postal, and professional debt recovery services.
8. WARRANTIES AND LIMITATION OF LIABILITY
8.1 Consumer Guarantees: Nothing in these Terms & Conditions limits or excludes guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (ACL). If you are a consumer under the ACL, you have rights, and our products come with guarantees that cannot be excluded.
8.2 Product Warranty: Our products are covered by warranties against manufacturer defects.
8.3 Exclusions: This warranty does not cover damage caused by misuse, neglect, accident, unauthorised repair, or modification.
8.4 Limitation of Liability: To the extent permitted by law, we limit our liability for any breach to the repair, replacement, or cost of repairing or replacing the products or services. We are not liable for special, indirect, or consequential damages unless they result from a failure to meet a Consumer Guarantee.
9. PRODUCT SUITABILITY
Before entering into this Agreement, the purchaser confirms that they have had the opportunity to undertake all necessary investigations and enquiries and have thoroughly examined the equipment and are satisfied with its suitability for the intended purpose.
The Company does not give any warranty in relation to the suitability or fitness of purpose in relation to the Equipment.
The purchaser acknowledges and warrants that it has been advised to consult professional medical advice from a registered Occupational Therapist, Physiotherapist, General Practitioner, or other medical professional regarding suitability of the products prior to the entry into the purchase of any Equipment from the Company. Furthermore, the purchaser understands that none of the personnel of the Company hold themselves out to be a licensed physician, nor qualified to provide any medical advice or recommendations.
It is a condition of sale that any description or specification contained in our printed literature is for general indicative purposes only and does not render the Company responsible in any way, except to the extent that the Goods shall comply with the standards set out in such description or specification and that such description or specification shall not be taken as implying or giving any undertaking as to fitness for any particular purpose.
Where you have ordered Goods to comply with particular specifications, you warrant that you have verified those specifications and have satisfied yourself that the Goods are fit for purpose.
10. RETURNS AND REFUNDS
10.1 Change of Mind Returns/Cancellations: Change of mind returns/cancellations may be accepted at the sole discretion of the Seller. In such cases, a cancellation or restocking fee may apply.
10.2 Condition of Returned Items: Returned items must be in unused, original condition, and in their original packaging, with all parts and accessories included with the item.
10.3 Unboxed items: We may at our sole discretion accept returns for items that have been removed from its original packaging, if a return for an unboxed item is accepted, we may charge a restocking, and or, preparation fee to return the item to a saleable condition.
10.4 Product Suitability: Where a product is subsequently determined to be unsuitable for the purchasers original purpose, the Company will consider this as a “change of mind” return in accordance with Clause 10.1. The company accepts no liability for any products which are deemed unsuitable.
10.5 Non-returnable products: To the extent permissible by law, products which are used in a way or environment that would create OH&S and hygiene risks may not be returned. This includes any products that may have been soiled or exposed to biological contamination.
This also includes but is not limited to goods used for: bathroom & bathing; toileting; toileting & hygiene slings; pillows, bedding & protectors; continence products; bracing & supports; personal kitchen aids; cutlery & crockery.
Customised or special orders may not be returned to the extent permissible by law, products that have been customised or modified to suit the specific needs of the Customer or user may not be returned.
Products that have been purchased-in specifically for the Customer or user and would not normally be held in stock by Mobility Rentals and Sales as part of Mobility Rentals and Sales’ range may not be returned unless upon request Mobility Rentals and Sales’ supplier accepts the return from Mobility Rentals and Sales. Mobility Rentals and Sales will endeavour to procure such acceptance within a reasonable time.
11. FORCE MAJEURE
11.1 Force Majeure: We are not liable for delays or failures to perform our obligations under these Terms & Conditions of Sale caused by circumstances beyond our control. If such delays persist for at least 3 months, we may terminate our agreement with written notice.
12. GENERAL
12.1 Entire Agreement: These Terms & Conditions of Sale constitute the entire agreement between you and us. No other terms or conditions, including those in your purchase order, apply unless agreed upon in writing.
12.2 Amendments: We may modify these Terms & Conditions without notice.
12.3 Right to Refuse Supply: We reserve the right to refuse supply, terminate agreements, or remove content at our discretion without incurring liability.
12.4 Assignment: You may not assign rights and obligations under these Terms & Conditions without our prior written consent.
12.5 Notices: All notices must be in writing and may be delivered via email, facsimile, or post to the provided addresses.
12.6 Invalid Provisions: If any provision is invalid, it will be severed, and the remaining provisions will continue in effect.
12.7 Governing Law: These Terms & Conditions are governed by the laws of Queensland, Australia, and both parties submit to the non-exclusive jurisdiction of the Queensland courts.
For inquiries, contact our Customer Service Team at 1300 460 070.