Terms of Trade
In these Terms:
“Business Day” means a day in which banks are open for business and specifically excludes Saturdays, Sundays and Public Holidays in Sydney, NSW;
Consumer” means the definition of Consumer in section 4B of the Competition and Consumer Act 2010 (Cth);
“Health Professional” means the definition of Health Professional in section 42AA of the Therapeutic Goods Act 1989 (Cth);
“Goods” means any medical goods and services supplied by Atris;
“Receiver” means the receiver of any security interest in the Goods, and is usually the Purchaser;
“Order” means an order (whether in writing, orally or through the Website) by the Purchaser to purchase Goods from Atris;
“Purchaser” means a Health Professional that is the purchaser of the Goods;
“Purchase Order” means the written order provided to Atris by the Purchaser;
“Warranty Period” means the warranty period for the Goods being in accordance with the manufacturer’s warranty period; and
“Website” means the internet-based portals that Atris uses to provide information about it as a company and to provide access to its digital services. Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
1.1 ACCEPTANCE OF THE TERMS OF TRADE
Acceptance of our terms of trade is automatic when a purchase order is placed and goods are received by you.
Once products are ordered and received by the customer, this constitutes acceptance of our terms of trade. Atris reserves the right to change terms of trade without notice.
Terms of trade can be viewed on www.atris.com.au
1.2. CUSTOMER & TECHNICAL SUPPORT
Our customer service staff is standing by to answer your questions about products and help you select products or solutions that will meet or exceed your expectations. Hours of operations are 8.30am to 5.00pm Eastern Standard Time.
1.3. SHIPPING
We strive to ship all orders the day they are placed but cannot guarantee deliveries will be shipped on the day of order placement.
If your order is urgent, we encourage you to place your orders early in the day, if an order is extremely urgent you must contact us via phone and we will try our best to organize a same day delivery, cost of the same day deliveries shipping will be an extra freight cost and charges will be paid directly by the customer.
Freight charges will apply for all shipment and freight charges will be noted on the invoice. All non-online purchases made directly through Atris (‘Atris’) are shipped freight prepaid and billed on the invoice.
Selection of method of transportation and carrier will be at our discretion.
1.4. PRICES
The Purchase Price of the goods is provided on the invoice unless otherwise stated. Atris reserves the right to invoice products at prices it deems as correct at the time of order. Atris will be entitled to receive payment in full of the Purchase Price within 30 days of the date of the invoice.
Atris reserves the right to charge, in addition to the Purchase Price at the time of order, any increase in the cost of the goods. If the order has been received by the customer but has not been paid within the Atris payment terms, we have a right to charge a late payment fee after a warning has been made to the customer.
1.5. RETURNS AND CREDIT POLICY
We are to be notified immediately if there is a problem with your order, and the following conditions will apply to your order.
Within two days of receiving the shipment as detailed on the invoice the customer must inspect all items.
If product/s are damaged or not acceptable we must be notified within two days of the shipment being received after this time the order is deemed to have been accepted.
Any return that is an error on our behalf (Atris) will be subject to a credit only.
Non-stock items, which are specifically ordered by customers, cannot be returned for credit or refunded.
Any products that are returned must be in unopened packaging and/or in original condition or will not be accepted.
Goods returned subject to customer order errors will incur a 40% restocking fee, plus the customer will incur the cost of the returned shipping fee to Atris.
You will not be entitled to a credit for the freight charged on the initial delivery of the goods.
Once the return is approved, your credit will be processed within seven days.
Return postage or courier costs are at the buyer’s expense – you should always use a track-able shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
If the parcel is not track-able and is lost we take no responsibility for the item/product and it will be lost at your expense and not credited/refunded.
Make sure you call/email us with your original order number, which items you have returned and any delivery reference numbers when you contact us.
Once your return is received and inspected, we will notify you of the approval or rejection of your refund.
To return your product (After approval) Please ship to our head office:
Atris Pty Ltd Unit 44, 11-21 Underwood Rd, Homebush NSW 2140, Australia
1.6. RE-STOCKING CHARGE
Goods may only be returned with the approval of and at the sole discretion of Atris.
Goods returned will be subject to a re-stocking charge of 40% of their invoiced value, we do not credit any shipping cost of returned/restocked products.
1.7. CANCELLATION OF ORDERS
No order shall be cancelled or deferred without the prior written consent of Atris.
1.8. TERMS OF PAYMENT
Where a quotation has been provided by Atris and accepted by a Purchaser, Atris terms of payment are thirty (30) days from the date of invoice, unless otherwise stated on such invoice or agreed with Atris.
Atris reserves the right to require payment with the order or satisfactory evidence of the ability of the Purchaser to pay for the Goods ordered by the Purchaser. Interest at 10.5% is payable on amounts which are more than thirty (30) days overdue.
Atris will require payment in full for any purchase where the company needs to allocate or hold stock for a customer. Atris will require a minimum deposit of 50% of the total order value on items out of stock but to be delivered at a later date. In the event the customer cancels the order prior to delivery, the customer will forfeit the deposit in full.
Atris reserves the right to charge the full amount upfront for all purchases that are discounted or are part of any promotional offer. In this instance no credit terms will be provided to customers.
Payment options are credit cards and PayPal. Atris reserves the right to charge an administrative fee on credit card or any other digital payments.
If the Purchaser has not been pre-approved to pay on account, then full payment for the Order must be processed before the Goods will be dispatched.
1.9. WARRANTY
All supplies are warranted against defects in materials and workmanship for a period of 30 days or as indicated on the packaging.
All implied warranties are limited to the Warranty Period.
All electro medical devices are warranted against defects in materials and workmanship for a period of 12 months or as indicated on the packaging. This warranty shall not apply to defects resulting from improper or inadequate use and operation of the products outside the product specification.
Should we receive notice of such defects during the warranty period. Atris shall, at its option, either repair or replace products that prove defective. If Atris is unable, within a reasonable time, to repair or replace any product to a condition as warranted, the customer shall be entitled to a refund of the purchase price upon return of the product to Atris.
Correction of defects during the Warranty Period will constitute complete fulfillment of all liabilities and responsibilities of Atris to the Purchaser with respect to the Goods and will constitute full satisfaction of all claims, whether based on contract, negligence and strict liability otherwise. In no event will Atris be liable, or in any way responsible, for any damages or defects in the Goods which were caused by repairs or attempted repairs performed by anyone other than Atris or an authorized service provider.
This warranty does not apply to any appearance of the supplied Goods nor to any supplied Goods the exterior to which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been modified or altered in design or construction. In addition, the warranty coverage does not apply to defects caused by the supplied Goods being subjected to the following; unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized parts, accident, force majeure, or other acts beyond the reasonable control of Atris.
This warranty does not cover death or injury to persons resulting from any cause other than proven negligence of Atris, its employees or representatives.
In order to enforce the rights under this warranty, the Purchaser must provide proof of purchase and delivery acceptance to Atris. The proof of purchase must state the date of the purchase, provide a description of the Goods and the price paid for the Goods.
2.0. FUTURE MODIFICATIONS TO THE GOODS
Atris shall be entitled to make any modifications to any existing or future goods that it thinks necessary or reasonable but without incurring any obligations to make such modifications to any goods already sold provided however that the goods as modified shall thereafter be the goods for the purpose of this Agreement and any modification made by Atris pursuant to this paragraph shall not extend any of the warranties or the warranty periods as set forth in the terms of trade.
2.1. REPRESENTATIONS AND WARRANTIES
The parties to this agreement specifically agree that all the terms, conditions, and warranties herein contained shall represent the whole of the agreement as between the parties and furthermore you acknowledge that you do not rely upon any other representation made by Atris or any other persons representing Atris concerning the merchantability or fitness for purpose of the goods.
2.2. EXCLUSIONS OF OTHER WARRANTIES
All other warranties that would otherwise be included by law, whether those warranties are expressed or implied pursuant to general law, or by virtue of any statute, are hereby excluded.
The warranties given in these terms of trade are the only warranties given by Atris provided however to the extent to which by any statute (whether State or Federal) there is a warranty which applies to these sales of goods irrespective of the agreement of the parties to exclude the same then, this paragraph shall not be interpreted as purporting to exclude the operations of such warranty or warranties and such warranties shall apply.
Atris takes no responsibility for personal or third-party damage where any products supplied by Atris are not used in accordance with instructions on the products packaging and/or any safety warnings are not followed.
2.3. SUPPLY
The goods will be deemed to be delivered to the Purchaser at the time the goods arrive at the Purchasers premises, Atris takes no responsibly for parcels left on the customer premises once the parcel has been delivered on site it is the responsibility of the customer to obtain those goods.
Atris reserves the right to ship equivalent product/products of any item ordered by customers which are currently out of stock.
Atris reserves the right to charge a price for the substitute products which may be different to the price for the product initially ordered.
The customer has 2 days to notify the company if the supplied equivalent is not accepted. Any returns of the products after the 7 days will incur a 40% restocking fee, and the cost of the shipping will be paid by the customer for the returned products.
2.4. DELIVERY
Atris goods will be sent via a courier of the company’s choice and a freight rate will be charged. Any estimated delivery times provided are in business days (Monday through Friday) excluding public holidays.
Estimated ship times may change due to changes in supply or circumstances beyond our control.
Atris takes no responsibility for late shipping times or late parcels
Atris will not be liable for any loss occasioned by delay in delivery of and/or the procuring of Goods, whether consequential or otherwise.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time, however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
If the Purchaser disputes proof of delivery, details of this dispute must be provided in writing to Atris within 24 Hours (1) Business Days of delivery.
2.5. ADVERTISEMENT
All information and advertising herein related to the supply of Goods is solely intended for Health Professionals with a valid certification. A Health Professional must rely on his or her own professional clinical judgment when deciding whether to purchase or use the Goods when treating a particular patient. Health Professionals must be trained in the individual use of any of the Goods before use in a procedure or surgery. Health Professionals must refer to the packaging, product label and/or instructions for use, including the instructions for cleaning and sterilisation (if applicable), before use of any Goods.
From time to time, Atris may, at its sole discretion, choose to offer competitions or promotional terms and conditions
(“Promotions”) to a Purchaser. Promotions are intended to reward customer loyalty and it is the responsibility of the Purchaser to determine if Goods are suitable for their needs, or the particular needs of their patients. Promotions are based on measured criteria and may include cost-based rewards such as a price reduction, complimentary shipping and/or complimentary samples.