Terms and conditions

Effective Date: December 5 2024

1. Introduction

Welcome to Vital Resus Australia. These Terms and Conditions govern your use of our website and the purchases and services of the medical equipment provided by Vital Resus. By accessing or using our services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our services. Please contact us to discuss or consider alternative services and supplies.

2. Definitions

“Company” refers to Vital Resus Australia.
“Customer” refers to the individual or entity purchasing or using our medical equipment or services.
“Products” refers to the medical equipment offered for sale by the Company.
“Services” refers to the installation, maintenance, and repair services provided by the Company.

3. Products and Services

3.1

Description and Availability: The company strives to provide accurate descriptions of our products. However, product descriptions may change, and availability may vary.

3.2

Pricing: All prices are listed in Australian Dollars (AUD) and are subject to change without notice. Taxes and shipping costs (includes GST) are apitional and will be specified during the checkout process.

3.2

3.3

Ownership of the goods remains with Vital Resus Australia until full payment has been received.

3.4

Risk of loss or damage to the goods passes to the Customer after delivery. The Customer’s right to use or dispose of the goods is conditional upon full payment.

3.5

The company will make reasonable efforts to deliver products within the estimated timeframe. Delivery times are not guaranteed and may vary based on factors beyonh5he comamy’s control.

3.6

Service Requests for installation, maintenance, or repair services must be made through the Company’s customer

3.7

Service fees will be provided at the time of request and must be paid in full upon completion of the service, unless a trading account is established.

4. Agreement Commencement

4.1

This agreement commences from the earlier of the Contract Commencement Date, receipt of a Purchase Order, confirmation of order (verbal or written), the date goods are freighted or the commencement of work.

4.2

Orders are subject to acceptance by the Company. We reserve the right to refuse any order for any reason.

5. Returns, Refunds and Warranties

5.1

Products may be returned within 48 hours of delivery if they are defective or not as described. To initiate a return, please contact the company’s customer service department. Only goods that are in acceptable complete and functional condition, un-used and fit for new equipment sales, may be returned for credit by us. The customer shall

5.2

For goods incomplete and/or not working and Vital Resus Australia has been notified as above, subject to Freight conditions and insurance, Vital Resus Australia shall endeavour to rectify any equipment deficiency at our expense.

5.3

For goods reported faulty or incomplete after 48 hours of receipt, and in the absence of evidence to support any error equipment malfunction or warranty on behalf of Vital Resus Australia and/or manufacturer, it is understood that whilst Vital Resus Australia shall endeavour to assist you with any problems you may incur, the rectification is at the Customer’s expense.

5.4

Refunds will be processed within 14 days of receiving the returned product. Shipping costs are non-refundable.

5.5

Product Warranty: Our products come with a manufacturer’s warranty. The warranty details may be be provided with the product and may vary by the manufacturer.

5.6

Service Warranty: Services are warranted to be performed in a professional manner. Any issues with the service should be reported to the Company within 72 hours of service completion.

6. Payment

6.1

Payment for all orders must be made within 30 days of the invoice date, unless otherwise agreed upon in writing. Payments not received within this period may incur interest charges at a rate of 1.5% per month on the outstanding amount.

6.2

We accept various payment methods, which will be specified on our website. Accepted payment methods include most credit/debit cards and bank transfers.

6.3

Should the Customer experience any difficulty in the payment of your account, we ask that they advise us immediately so that the Company may have an opportunity to assist you without you incurring any further financial charges by a persisting overdue account.

6.4

Payments for invoiced goods supplied to you, which are received after 60 days incur a late payment handling fee of $50.00+gst of which this fee will accrue monthly (i.e. at 90 days the total handling fee will be $100.00+gst) until settlement of account in full. Late payments may also accrue interest charges which will be charged at 7% p.a. accruing daily on the outstanding balance.

6.5

Accounts that fall 90 days or more in arrears and are passed onto the Company’s Debt Collectors or Solicitors for recovery incur a $100.00+gst administration charge and all other associated Debt Collector or Solicitors fees, court lodgement fees and other recovery expenses. These charges will accrue monthly until settlement of total overdue monies, which fall due for payment by you.

6.6

You must not hold any payment under this agreement, or make any deduction from it, for any reason including;

Faulty or damaged goods
The use of your goods is restricted because of lawful implications
You claim to have a set-off, counter claim or other right against us or any other person.

7. Indemnities

You indemnify the Company against any liability or loss arising from, and any costs, charges and expenses incurred in connection with any of the following:

Us exercising a right under this agreement
You not doing what you should have done under this agreement
Your use, misuse or possession of the goods
A person being injured or not treated in any way because of use, misuse of the goods
Us relying on information you gave us
This agreement terminating in relation to some or all the goods.
A claim for patent, trademark or copyright infringement, for strict liability, or for any other reason being made against us in connection with the goods or their operation.

8.The Law and Manufacturer’s Instructions

8.1

The Customer must comply with all laws which apply to the use of any goods supplied by the Company.

8.2

The Customer must comply with all manufacturers’ instructions for use and maintenance for all goods supplied by the Company.

9. Changes to your Organisation

You must advise Vital Resus Australia within twenty-one (21) days of any change of:

Company Ownership and/or directorship and/or guarantor
Bankruptcy or insolvency filed by either the Customer or any of it’s Guarantors and/or Directors if entailed in this agreement
Changes to Registered Office Apresses and or locations.

10. Insurances

The Customer must always ensure that they adequate insurance policies that shall cover the costs of our property that is in your care or use, until the goods are returned or paid for in full. Failure to do so does not render you free from the responsibility of your account liabilities which fall due under this agreement.

11. Guarantee

In consideration of the company entering into this agreement and purchasing goods and supplying to the customer within the terms of an agreement, unconditionally and irrevocably agrees to:

Comply with agreement in full
Complete all information truthfully, or to the best of their knowledge without any false or misleading information
Comply with all legal implications of this agreement and does not know of any legal clause or provision that may render either the organisation or guarantor free from obligations that fall under this agreement

12. Disclaimer

12.1

Compliance with Laws: The Customer is responsible for ensuring that the use of our products and services complies with all applicable local, state, and federal laws and regulations. The Company is not liable for any legal issues arising from the Customer’s use or misuse of the products or services.

12.2

Manufacturer Instructions: The Customer must adhere to all manufacturer instructions and guidelines provided with the products. Failure to follow these instructions may result in product damage, safety issues, or voiding of the warranty. The Company is not responsible for any issues arising from non-compliance with manufacturer instructions.

12.3

Limitation of Liability: To the fullest extent permitted by law, the Company is not liable for any indirect, incidental, or consequential damages arising from the use of our products or services. Our total liability is limited to the amount paid by the Customer for the affected product or service. The customer must not replace any equipment parts with incompatible or inferior components or parts, or modify any equipment against the manufacturer’s instructions, or anything else that may render the equipment potentially unsafe or unfit to perform the tasks for which it was designed.

12.4

Governing Law: These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales Australia. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in New South Wales, Australia.

13. Amendments

Their Company reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on our website, and it is your responsibility to review these Terms and Conditions periodically.

Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact the Company at:

Vital Resus Australia
Apress: 4A/311 Hillsborough Road,
Warners Bay NSW 2282
Phone: 02 4954 8066
Email: mail@vitalresus.com.au
Website: www.vitalresus.com.au