Derma Medical Systems
3065 Rosecrans Place, #108, San Diego CA 92110
CONDITIONS OF SALE VERSION 2.0 (1st July 2012)
- “Conditions” means the terms of these Conditions of Sale;
- “Customer” means a person, company or corporation seeking to acquire goods or services from the Supplier;
- “Goods” and “Products” means all goods or services supplied by the Supplier to the Customer;
- “Supplier” and “DMS” means DERMA MEDICAL SYSTEMS ;
- “Written” means any document in hard copy or soft copy format, either handwritten or typed.
- “Large Orders” means an order from a customer totalling in net value over AUS$100 and/or weighing more than 6lb.
- “American Customer” or "Domestic" means a customer whose primary place of business in within the boundaries of the contiguous 48 U.S. states, Hawaii, Alaska and Puerto Rico.
The latest version of these Conditions of Sale bind any person who places orders for goods or services with DMS.
These terms and conditions cannot be varied or supplemented by any other conditions without the prior written consent of DMS.
DMS reserves the right to amend these terms and conditions at any time. The most current version of these terms and conditions may be found on the DMS website at http://www.derma-med.com/help-support/sale-conditions.html. Updated versions of these Conditions of Sale will supersede all previous versions.
If the customer applies for a credit account with DMS, DMS may specify additional terms and conditions on the account application form. If these terms and conditions specified in the account application form are inconsistent with these terms and conditions, the terms and conditions specified in the account application form will prevail to the extent of the inconsistency.
Any written quotation provided by DMS to the customer concerning the proposed supply of goods is valid for 30 days from the date specified on the quote, unless otherwise stated in the quotation, and is an invitation only to the customer to place an order based upon that quotation. The quotation may include additional terms, which are inconsistent with these conditions of sale.
The prices of goods and services set out in the DMS price list are current as at the date of issue. Whilst DMS will try to maintain the prices specified in the catalogue, DMS reserves the right to change the price of any good or service at any time. DMS will, however, confirm the prices for any good or service ordered by the customer prior to DMS’ acceptance of the relevant order.
Prices for the supply of goods and services excludes sales tax, consumption of goods and services tax, and any other taxes imposed on or in relation to the goods.
Prices for the supply of goods and services exclude the cost of freight, insurance or other charges (include document legalisation fees and letter of credit processing fees (customers outside the United States)) arising from the point of dispatch of the goods to the customer to the point of delivery.
Tax will be levied at the statutory rate on all goods and services provided by the supplier and shown separately on the supplier’s invoice.
DMS reserves the right to decline to trade with any company or person without reason. In addition, DMS may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the customer by fax, email or telephone conversation. If DMS declines to accept an order where payment has been received, DMS will refund the payment.
DMS executes orders to the customer’s requirements, and will not substitute an ordered product for another product unless the customer has so requested or the ordered product has been superseded.
Written confirmation of all orders is required to be sent to DMS, by either fax to 691 393 0195 or email to [email protected]
All products are delivered by courier, or if more feasible and practical, postal deliveries can be arranged. However, for all large orders, courier deliveries are to be used for tracking and security purposes.
Domestic deliveries are shipped either via a "Standard" or "Express" service. Orders must be placed by 12pm EST Monday - Friday to start processing the same day. Deliveries where a "Standard" method are requested are generally dispatched within 2-3 business days of order confirmation and are generally received by the customer the 2-3 days after they are dispatched. Domestic deliveries are shipped either via a "Standard" or "Express" service. Deliveries where a "Express" method are requested are generally dispatched within 1 business day of order confirmation and are generally received by the customer the next business day after they are dispatched. Delivery times are based on orders placed between Monday - Friday.
International orders take longer to be delivered. DMS will advise customer of approximate delivery time. This period is usually stated on the Proforma Invoice/Quote issued to the customer.
Any period or date for delivery of goods stated by DMS is intended as an estimate only and is not a contractual commitment. DMS will use its best reasonable endeavours to meet any estimated dates for delivery of the goods.
If an estimated delivery date has lapsed or requires extending, DMS will advise the customer of a new estimated delivery date by either fax, email or telephone conversation.
All costs of freight and delivery of the goods at the agreed delivery address shall be borne by the customer.
If this customer wishes DMS to use an alternate freight company or the customer’s own freight account number when booking a delivery, it is the customers responsibility to arrange for the courier to pick up the goods from DMS for delivery.
Derma Medical Systems is proud to offer shipping to APO, FPO and DPO addresses. The delivery time for APO, FPO & DPO shipments may vary and can take up to 21 days due to handling time.
INSPECTION, TRANSIT DELAYS AND NON-DELIVERY
The customer must inspect all orders and the products supplied with the order as soon as is reasonably possible after delivery and shall, within 5 business days of receipt of goods, give notice to DMS by telephone of the following:
- Any defect in a product that is apparent on reasonable examination. In this case DMS shall, as DMS’ discretion, replace the product or refund the purchase price in accordance with the warranty conditions.
- Any shortfall in products delivered. In this case DMS shall, at its discretion, deliver the undelivered products (at no additional freight charge) or refund the price of the undelivered products.
- Any delivery of products not in accordance with the customers order. In this case DMS shall, at its discretion, replace the products or refund the purchase price.
If the customer fails to give any notice, the customer will be deemed to have accepted the relevant order as being delivered in accordance with their instructions and to have accepted the products as being free from all defects.
If DMS has not granted credit to the customer, payment terms are prepaid. This is either by Telegraphic Transfer, or Credit Card Payment.
Telegraphic Transfer into the DMS bank account. Details of the DMS bank account are available from the sales department or on our website.
The customer must send remittance advice to DMS on the same day that a telegraphic transfer goes through. This advice must be sent by email or fax only. If the name of the remitter is different to that on the invoice issued by DMS, the remittance advice must state the customers’ name as printed on DMS invoice.
DMS may withdraw any credit terms or require the provision of security at any time.
If any sum is not paid by the due date for payment:
- All sums then outstanding will become immediately due for payment.
- The customer will be liable to pay all expenses and legal costs incurred by MMS in relation to obtaining or seeking to obtain an appropriate remedy.
- DMS reserves the right to place an account on credit hold as of the day the payment is due. No further orders from the customer will be processed until the overdue payment is received.
- DMS may by notice in writing to the customer, terminate any contract with the customer on the grounds that the customer is not meeting the payment terms agreed upon with DMS.
PASSING OF PROPERTY IN GOODS
Until full payment in cleared funds is received by DMS for all goods or services supplied by DMS to the customer, as well as all other amounts owing to the supplier by the customer:
- Title and property in all goods remain vested in the supplier and do not pass to the customer;
- The customer must keep the goods separate from its goods and maintain the labelling and packaging of the supplier;
- The customer must deliver up all the goods to the supplier immediately upon service of a written demand.
Risk of loss of or damage to ordered products shall pass to the customer at the time of delivery.
GOODS MADE TO CUSTOMER’S SPECIFICATIONS
Goods altered or manufactured specially to meet customer’s requirements will not be accepted back for credit or refund.
The information contained in brochures and fact sheets supplied by DMS was, so far as DMS is aware, correct at the time of printing.
Where the customer intends to supply goods to any other person, the customer must ensure that all warnings and labels are still attached. They must also ensure that all instructions, manuals and other information supplied to the customer with the relevant goods are supplied by the customer to the other person and are not lost or damaged in any way.
DMS warrants that if defects appear in products, under proper and normal use, it will, at its option, replace or repair the product or refund the purchase price. This warranty is subject to the customer making a claim in writing to DMS within the given warranty period which starts on the date of the dispatch of the order.
The standard warranty period of all MMS produced goods shall be 12 months from the invoice/dispatch date from DMS. Certain products may have warranty periods greater than 12 months, this will be stated on the product or the invoice.
Larger systems such as MoleMax systems can have a warranty performed onsite at the same address the system was originally installed at.
Returned products or the returned parts of any product must be accompanied by an advice note stating the original invoice number(s) relating to the products and the nature of any claimed defect, together with such further information as DMS may require.
The warranty does not apply in circumstances where:
- The goods are not defective;
- The goods were used for a purpose other than for which they were intended;
- The goods were repaired, modified or altered by any person other than DMS;
- The defect has arisen due to misuse, neglect or accident;
- The defect has arisen due to the incorrect installation of the goods;
- The warranty seal on the back of the unit has been broken and/or removed;
- The goods have not been stored or maintained as recommended by DMS; or
- The customer is in breach of any of these Conditions of Sale.
Due to their nature, cables, connectors and batteries cannot be covered by this warranty.
Where the customer returns products otherwise in accordance with this condition, DMS may refuse to repair, replace or refund the purchase price of the products and return them to the customer at the customer’s cost.
Where a product cannot be repaired, DMS will, at its discretion replace the complete unit with a new product (if the unit has been returned for service) or offer a partial refund if no other alternative can be found.
No agent or representative of DMS is authorised to make any representations, warranties, conditions or agreements no expressly confirmed by DMS in writing and DMS is not bound in any way by such unauthorised statements nor can such statements be taken to form part of these terms and conditions.
SPARE PARTS SUPPLY & SERVICE
DMS will guarantee supply of spare parts and service assistance for a minimum period of 3 years for all goods produced by DMS.
If possible, at the discretion of DMS, units not produced by DMS will be sent back to the original manufacturer for repair or replacement.
Where a spare part is no longer available within the guaranteed 3-year supply period, DMS will, at its discretion replace the complete unit with a new product (if the unit has been returned for service) or substitute the part with an updated part fulfilling the same task (if the customer has requested a spare part).
DMS is not liable for any loss or damage suffered by the customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
The supplier will not be liable for any loss or damage suffered by the customer where DMS has failed to meet any delivery date or cancels or suspends the supply of goods or services.
Nothing in these Conditions of Sale is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any United States Federal or State legislation applicable to the sale of goods which cannot be excluded, restricted or modified.
RETURNS OF GOODS POLICY
The customer may only return goods to DMS, and receive a credit or refund, on the following conditions:
The customer must return products to DMS in their original condition and in their original packaging within 14 days of the delivery date stated on the delivery documentation, and must specify the relevant invoice number.
The customer must contact DMS on 612-222-7622 to obtain a Return Authorisation Number. This Return Authorisation Number must be stated on the documentation with the returned goods.
A 10% restocking and administration charge will apply to goods returned outside the 14 day period for refund (but no greater than 60 days). A 20% restocking and administration charge will apply to goods returned outside the 60 day period for refund (but no greater than 90 days). No refunds will be accepted after 90 days.
All products are returned to DMS at the customer’s risk, and DMS accepts no responsibility for any loss or damage to them or any items received by DMS with them.
Products must be adequately packed and dispatched freight prepaid, clearly labelled to RETURNS DEPARTMENT, DERMA MEDICAL SYSTEMS, 3065 ROSECRANS PLACE, #108, SAN DIEGO CA 92110.
Products accepted for return will be credited at invoice value less freight charges paid by DMS.
The returns policy does not apply to and DMS is not obligated to accept the return of any books, software or consumables with an expiry date.
The Customer may not cancel orders once accepted by DMS if a deposit has already being paid. Any cancellation (or part cancellation) of an order will only be accepted on DMS' written consent and the Customer must indemnify DMS in respect of any expense incurred by DMS relating to the cancellation of any order.
In the event of part cancellation of orders based on bulk Quantity pricing, DMS may invoice the Customer for the difference between the price for the bulk Quantity and the standard pricing if the cancellation results in the order being classified as a 'non-bulk' order.
PRIVACY AND CUSTOMER INFORMATION
DMS may collect personal information about the Customer or its employees for the purpose of providing the Services requested by the Customer and administering its relationship with the Customer. If this personal information is not provided then DMS may not be able to provide the Services requested.
DMS is part of the Macquarie Health Corporation group of companies. The customer acknowledges that DMS may disclose personal information about the customer or its employees to other members in this group of companies. Any member of this group may keep and use personal details of the customer and its employees for the purposes of providing services to the customer, as requested by the customer.
Any individual can request access to the personal information which DMS holds about them at any time by calling 619-222-7622 or via fax on 619-939-0195. The customer must inform all of its employees who are to have dealings with DMS of the provisions of this condition.
DMS may send to the customer and its employee’s details of other Products and Services offered by the group that may interest the customer. If the customer or its employees do not wish to receive details of these other offers or wish to amend or correct their details, then they should contact the DMS Marketing Department. The customer can contact the DMS Marketing Department either in writing, by fax by telephone or by email.