Terms and Conditions
1. Online Purchases
1.1. These terms apply in full to any purchase made online at our website: www.moveabilityaus.com.au or by electronic communication such as video or telephone call or email.
2. Authority
2.1. This Agreement is binding between you and us, when you place an order for Goods/Services.
2.2. If you are purchasing Goods/Services on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to the terms of this Agreement.
2.3. If you are a plan manager or service provider, you confirm that:
2.3.1 you are authorised to order the Goods/Services on behalf of your client;
2.3.2. in the event that payment is not made under any government assistance or payment plan, you are liable for payment for any Goods/Services provided by us to your client;
2.3.3. if applicable, it is your responsibility to clarify any discounts or rebates received by you, your plan manager or any other service provider that relate to our supply of products;
2.3.4. if you are a plan manager or service provider, you are responsible for clarifying any discounts or rebates offered by us with your client;
2.3.5. where you choose a change of mind return, we may charge a 20% restocking fee; and
2.3.6. our liability under these terms is limited to the price paid by you for the Goods/Services that are the subject of the relevant claim, and we will not be liable for consequential loss.
3. Goods/Services
3.1. The Goods/Services are as described in any Quote provided by us to you.
3.2 Unless otherwise agreed in writing, you will be responsible for obtaining all necessary approvals, permits, and or permissions in order for us to fulfil our obligations under this Agreement (including to provide the Goods/Services).
3.3. The Goods/Services may be performed at or delivered to the site nominated in writing by you (the “Site”). Any change to the location of the Site must be agreed to in writing by us. Where the locations of work or delivery are not under your control (including the Site), you must provide reasonable access to allow us to fulfil our obligations under this Agreement (including to provide the Goods/Services).
3.4. You will, at your own cost, as soon as practicable make available to us all information, documents and other particulars relating to your requirement for the Goods/Services as is necessary for us to carry out the provision of the Goods/Services. We are entitled to rely on such information, documents and other particulars as are provided by you and are indemnified by you for any loss, damage or harm caused by the non-provision of such information to us.
4. Offer and Acceptance
4.1. Any request from you to us for the supply of Goods/Services however made will constitute acceptance of the terms and conditions contained in this Agreement. You may be directed to our website for a full copy of this Agreement.
4.2. Where more than one customer has entered into an agreement with us for the supply of Goods/Services, you shall all be jointly and severally liable for all payments due under this Agreement.
4.3. These terms become binding upon acceptance, and may thereafter only be altered or revoked with our written consent.
4.4. Any changes to your details, including name, address, telephone, email, or (for commercial customers) any changes in your ownership structure requires written notice of 10 days to us prior to the change taking effect or otherwise constitute a breach of this Agreement by you.
5. Price
5.1. You agree to pay us the Price of the Goods/Services within the agreed time for payment described in any Quote or as stated on the invoice.
5.2. The Price will be determined by our Quote, or as indicated on invoices, order forms, or any other documentation provided by us to you. In the event of conflict between these documents, the Price set out in the invoice will apply.
5.3. Our quoted Price will be binding upon you for a period of sixty (60) days after the date of the Quote, after which time we may, in our absolute own discretion confirm or withdraw the Quote.
5.4. In the event that we, or our authorised agent, representative, contractor, or employee has not inspected the Site, we will not be bound by any Quote for the Goods/Services and a quote will be indicative of Price only.
5.5. In the event that we discover that additional work is required which will cause the Price to exceed the initial Quote, we will seek confirmation from you to proceed with the work.
5.6. Any variation from the original agreed works or specifications may affect the Price, and any such variations to the Price will be shown on a Quote variation form. Payment for all variations must be made:
5.6.1 for National Disability Insurance Scheme participants and for domestic consumers, in full at time of purchase of Goods or prior to commencement of services; and
5.6.2. for home care providers under the Aged Care Act, within thirty (30) days.
5.6.7. We reserve the right, at our discretion, to increase ongoing fees. Notification of such increases will be delivered to you via email.
6. Payment Terms
6.1. You agree to pay all amounts owing to us under this Agreement in full, as per the terms of the invoice or Quote. You acknowledge that at our sole discretion the Goods/Services may not be finalised/delivered until full payment of all outstanding amounts has been made.
6.2. At our sole discretion, a deposit may be required before the supply of any Goods or Services.
6.3. Payment must be made by credit card, cash, cheque, electronic funds transfer, or by any other method as may be agreed between you and us. Credit card surcharges may apply.
6.4. If you do not pay us in accordance with this Agreement then, without prejudice to any other rights or remedies we have the right to charge reasonable:
6.4.1. interest;
6.4.2. recovery costs (including legal costs on an indemnity basis);
6.4.3. re-establishment; and
6.4.4. administration fees,
at the rate(s) allowable by law, payable from the date of invoice until payment.
7. Delivery
7.1. You will be responsible for making any necessary arrangements to take Delivery of the Goods/Services and supplying the correct delivery address and time.
7.2. Delivery may be withheld until all payment terms are met as per any Quote.
7.3. The failure of us to Deliver shall not entitle either party to treat this Agreement as being cancelled.
7.4. Should we fail to deliver all or part of the Goods/Services, we shall not be liable for any loss or damage (including consequential loss) incurred by you, or any of your agents, customers, related companies, or contractors.
8. In Home Demonstrations
8.1. This service is only available at our discretion usually for Goods/Services valued at over Two Hundred and Fifty Dollars ($250.00) and is limited to private clients within the State of South Australia. Please contact us to see if you are eligible and for our latest conditions relating to demonstrations.
9. Notification of Defects
9.1. You must inspect the Goods/Services upon Delivery and notify us within seven (7) days of Delivery of any alleged defects, or failure to fulfil the Quote. We will be given access to any Goods/Services within a reasonable time after Delivery in order to inspect any alleged defects in the Goods/Services.
9.2. Should you fail to give such notification, the Goods/Services will be deemed to be in compliance with those ordered, and free from defect.
10. Warranties
10.1. This clause is to be read together with any benefits that we may provide under Australian statute.
10.2. The Goods/Services are guaranteed against defects in material or workmanship subject to fair and proper usage.
10.3. Nothing in this Agreement purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other Australian laws which cannot be modified or excluded (“Non-Excludable Rights”). Except as expressly set out in this Agreement and as required by the Australian Consumer Law, we make no warranties or other representations to you. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law. Any warranties made by us to the ultimate Consumer of the Goods/Services are solely for the benefit of the Consumer, and no customer purchasing Goods for resale shall be entitled to bring claims under any such warranties.
10.4. Without limiting the above clauses, the:
10.4.1. Goods/Services come with guarantees that cannot be excluded under the Australian Consumer Law. A Consumer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. A Consumer is also entitled to have the Goods/Services repaired or replaced if the Goods/Services fail to be of acceptable quality and the failure does not amount to a major failure
10.4.2. we will not otherwise in any circumstances be liable to you under or in connection with this Agreement, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of this Agreement, for or in respect of any excluded loss.
10.5. Unless otherwise specified, this warranty does not cover:
10.5.1. modified, abused, neglected, accidentally damaged or excessively worn Goods, or Goods that have become damaged or defective as a result of improper use;
10.5.2. repairs attempted or made by you, a Consumer or a third party;
10.5.3. conditions or malfunctions caused by the reasonable effects of fair wear and tear or the malfunction of normally wearing parts;
10.5.4. products that are not distributed by us through an authorised distributor or reseller.
11. Conditions of Warranty
11.1. Where so permitted our liability for a breach of a Non-Excludable Right is limited, at our option, in the case of Goods, to the replacement or repair of the Goods or the supply of equivalent Goods or the cost of replacing or repairing the Goods or of acquiring equivalent Goods and, in the case of Services, to the supplying of the Services again or the payment of the cost of having the Services supplied again.
11.2. If you wish to return Goods to us under a Consumer Law warranty, you may be liable for the costs of delivering the Goods to us.
11.3. Accordingly, subject to clause 11.1, in no event will we (to the full extent such exclusion is allowable by law) be liable (whether before or after completion of this Agreement or otherwise) for any loss or damage to you howsoever arising including any loss or damage arising from or caused or contributed to by our negligence, its servants or agents, nor will we be liable for special, incidental, indirect or consequential loss or damage suffered by you as a result of a breach by us of our obligations or otherwise including but not limited to economic or moral loss, loss of profits or revenue or costs arising from such breach.
11.4. Our warranty will not be applicable in a situation where:
11.4.1. you have failed to follow instructions supplied by us in relation to proper use of the Goods/Services;
11.4.2. Goods/Services have been used in a manner other than their original intended use;
11.4.3. Goods/Services continue to be used after any fault or defect has become known to you, or would have become known to a reasonable person;
11.4.4. defect or fault has occurred from reasonable wear and tear in use; and/or
11.4.5. defect or fault has occurred as a result of circumstances beyond the control of either you or us.
11.5. We accept no responsibility for loss or damage to you, financial or otherwise, arising from a delay in the time taken for us to replace or repair any Goods or the resupply of Services covered by the warranty.
11.6. We are not liable to you in respect of any indirect, consequential or special losses (including loss of profit, loss of business opportunity and payment of liquidated sums or damages under any other agreement).
11.7. Any warranty will become void if any maintenance or alteration is made to the Goods/Services without our knowledge and consent.
12. Indemnity
12.1. Subject to clause 10, you shall indemnify and keep indemnified and hold us harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by us, and from and against all actions, proceedings, claims or demands made against us, arising from one or more of the following:
12.1.1. you not providing, and continuing to provide, all information, documentation and material held by you that is reasonably required by us to provide the Goods/Services;
12.1.2. you not complying with, or continuing to comply with all reasonable directions or advice provided by us to you in respect to the Goods/Services;
12.1.3. as a result of your failure to comply with any laws, rules, standards or regulations applicable in relation to the Goods/Services or the use of the Goods/Services;
12.1.4. as a result of any other negligence or other breach of duty by you; or
as a result of any compliance or adherence by us with any of your instructions in relation to the Goods/Services or their manner of fabrication or supply.
13. Your Acknowledgement
13.1. You acknowledge that you buy the Goods/Services relying solely upon your own skill and judgement.
13.2. You confirm that the Site is fit for purpose to allow us to provide the Goods or Services.
14. Intellectual Property Rights
14.1. You acknowledge that we are is the exclusive owner of all the Intellectual Property Rights in all documents, written material of any form, software, training programs and/or manuals in any way created or developed under or pursuant to this Agreement and/or the Goods/Services.
14.2. Where any designs or specifications have been supplied by you for use by us, you warrant that the use of those designs or specifications for the manufacture, assembly or supply of the Goods/Services shall not infringe the rights of any third party and you indemnify us for any breach, infringement or unauthorised use arising therefrom.
14.3. Where we produce any design, pattern, or specification during the manufacture of the Goods/Services, all Intellectual Property Rights in them remains with us, and may only be reproduced or copied with our written consent.
15. Default
15.1. You hereby agree that if you should:
15.1.1. as an individual, commit an act of bankruptcy; or
15.1.2. as a company, pass a resolution for winding up or have a summons to wind up issued against it; or
15.1.3. become subject to any form of external administration; or
15.1.4. enter into an arrangement regarding outstanding payment with any of your creditors; or
15.1.5. allow any invoice to remain in arrears for a period of over thirty (30) days;
all monies currently owed to us will become due and payable immediately, and we will have the right to terminate the supply of Goods/Services to you.
15.2. Should you fail to pay any invoice when due, you will be responsible for any additional costs associated with recovery of all outstanding amounts, including but not limited to our legal costs, and any cost incurred by us to our nominated collection agency.
15.3. Interest on overdue accounts may be charged at a rate not exceeding 5% per annum and you expressly undertake to pay all such interest.
15.4. We will not be liable to you for any loss or damage you suffer because we exercised our rights under this clause.
16. PPSA
16.1. Please see our PPSA terms available on our website if payment is not made at the time of purchase.
16.2. You confirm acceptance of those terms by accepting Goods/Services from us.
17. Our Unpaid Rights
17.1. If payment has not been received by us when due, and we have made a verbal or written demand for payment, and the Goods/Services are in our possession or control, we reserve the right to dispose of the Goods/Services, and claim from you any loss arising as a result of such disposal.
18. Risk and Insurance
18.1. All risk and all insurance responsibility in respect of Goods/Services for theft, damage or otherwise, passes to you immediately upon Delivery or taken from our premises.
18.2. All Goods/Services are sold to you on the basis that you have obtained all necessary licences or permits under all relevant laws and regulations in relation to the Goods/Services.
18.3. You assume all risk and liability for loss, damage or injury to persons or to your property, or third parties arising out of the use, installation, storage or possession of any of the Goods/Services sold by us.
18.4. If any of the Goods are damaged or destroyed prior to title in them passing to you, we are entitled, without prejudice to any of its other rights and remedies under any agreement, to any insurance proceeds payable for the Goods.
18.5. You confirm you have adequate public liability insurance in respect to the provision of the Goods/Services. In the event of loss attributable to you or the Site, we may make claim on that public liability insurance.
19. Cancellation
19.1. Cancellation by you with less than forty-eight (48) hours’ notice may incur a cancellation fee.
19.2. We may cancel Delivery of Goods/Services at any time before Delivery by giving written notice to you.
19.3. We will not be liable for any loss or damage whatever arising from such cancellation.
19.4. At our sole discretion, you may cancel Delivery of Goods/Services.
19.5. In the event that you cancel Delivery of Goods/Services, you will be liable for any costs incurred by us up to the time of cancellation, including but not limited to any re stocking fees incurred by us.
19.6. Upon cancellation by you, any deposit will be attributed to our reasonable expenses, losses and incidentals.
19.7. If we incur any reasonable loss or expenses in addition to any deposit, you agree that you are liable for these losses or expenses.
19.8. You may cancel Goods/Services by giving us no less than sixty (60) days written notice of its intention to do so.
20. Goods and Services Tax (“GST”)
20.1. All Prices may be quoted exclusive of GST. However, all Goods/Services will be sold on a ‘plus GST (if any)’ basis. Invoices will be issued in the prescribed form as set out by section 195-1 of the GST Act and the related imposition Acts of the Commonwealth (the GST Law).
20.2. Any discounts or other terms agreed between you and us will be calculated on and applied to the Price exclusive of GST.
20.3. Payment for GST:
20.3.1. If GST is imposed on any supply made by us to you pursuant to this Agreement (the GST Amount), you must pay the GST Amount to us, in addition to any amount payable, and any non-cash consideration provided, for that supply (without any deduction or set-off) by you under any other clause in this Agreement). Any GST Amount payable is payable upon demand by us whether such demand is by means of any invoice or otherwise.
20.3.2. If any part of the Price is referable to both a Taxable Supply (as defined in the GST Law) and anything that is not a Taxable Supply, the apportionment of the purchase price between those supplies shall be determined by us, and GST applied accordingly
20.4. If we determine on reasonable grounds that an adjustment is required to the purchase price, we will promptly issue any ‘Adjustment Notes’ that are prescribed by the GST Law.
21. Dispute Resolution
21.1. Any dispute or difference between you and us may be notified by one (1) party to the other, and both parties shall meet to negotiate, in good faith, resolution of the dispute or difference.
21.2. If negotiation fails to achieve a resolution, both parties are to attend mediation, provided that this provisio
22. Privacy Act 1988
22.1. You hereby give consent to us obtaining a personal or corporate (whichever is applicable) credit report to collect overdue payment on commercial or consumer credit.
22.2. You agree that individual data provided may be used and retained by us for the following purposes and for other purposes as agreed to between you and us or required by law from time to time:
22.2.1. provision of Goods/Services;
22.2.2. marketing of Goods/Services by us, our agents, distributors, or contractors;
22.2.3. assessing your credit worthiness in relation to extending credit;
22.2.4. exchanging of information with a credit reporting agency or trade reference named by you;
22.2.5. processing of any payment instructions, direct debit facilities and/or credit facilities requested by you; and
22.2.6. collection of amounts outstanding in your account by our nominated collection agent or solicitor.
22.3. All documentation and materials containing confidential information provided by one (1) party to the other will be returned upon reasonable request.
23. Government Approvals
23.1. You are responsible, at your own cost, for arranging all licences, government consents, and approvals whic
24. Jurisdiction
24.1. All transactions shall be governed by and construed in accordance with the laws of the State of South Australia.
24.2. The parties submit to the non-exclusive jurisdiction of the Courts of the State of South Australia.
25. General
25.1. We assume no responsibility for changes in the laws or regulations of South Australia, or the Commonwealth of Australia which may affect the supply of Goods/Services, and any legislation (including regulations or council approval process) referred to in this Agreement is as amended or replaced.
25.2. We may sub-contract part or all of its obligations under this Agreement without your consent.
25.3. We reserve the right to review these terms and conditions at any time, and if any changes are deemed necessary, you will be advised of such changes upon them being made and they shall thereupon immediately become binding upon you.
25.4. Neither we nor you shall be liable for any breach of any provisions of any contract arising from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of either party.
25.5. If any terms or conditions contained in this document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.
26. Interpretations
26.1. “We, us, our” means Moveability Australia Pty Ltd, trading as Moveability Australia, (ABN 99 634 382 933).
26.2. “Consumer” means an individual who buys Goods/Services for personal use and not for manufacture or resale.
26.3. “Delivery” of the Goods to you or any third party nominated by you (including carriers) is deemed to be to you.
26.4. “Price” means the cost of the Goods/Services as agreed between us and you subject to clause 5.
26.5. “Goods” means all Goods supplied by us to you or ordered by you but not yet supplied and includes Goods described on any Quote, invoice, purchase order, or any other document produced by us including any recommendations and advice.
26.6. “Services” means all Services supplied by us to you or ordered by you but not yet supplied and includes Services described on any Quote produced by us including any recommendations and advice.
26.7. “GST” means Goods and Services Tax in Australia as determined in accordance with the GST Act.
26.8. “GST Act” means the A New Tax System (Goods and Services) Act 1999.
26.9. “Intellectual Property Rights” means all copyright and neighbouring rights (including rights in computer software), all rights in relation to inventions (including patent rights), plant varieties, registered and unregistered trademarks (including service marks), registered and unregistered designs, confidential information (including trade secrets and know-how) and circuit layouts, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields; and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world.
26.10. “PPSA” means the Personal Properties Securities Act 2009.
26.11. “PMSI” means a purchase money security interest as defined by the PPSA
26.12. “Quote” means any quotation, invoice, purchase order, or any other documentation produced by us in relation to an agreement for the supply of Goods/Services, or any person acting on behalf of and with you authority;
26.13. “Security Interest” and “purchase money security interest”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meanings given them by the PPSA
26.14. “You, your” means the person or entity named on any Quote, invoice, purchase order, or any other documentation produced by us in relation to an agreement for the supply of Goods/Services, or any person acting on behalf of and with your authority.
