Terms & Conditions | SE Services

Terms and Conditions

LONGVIEW TRADING P/L Trading As SURGICAL EQUIPMENT SERVICES(‘THE SUPPLIER’)

Terms & Conditions for Purchase of Goods and Services

1. Definitions and Interpretation

1.1 Words beginning with a capital letter appearing in the Contract have the following meanings:

“Approval” means any acknowledgement and acceptance of the Quote by the Company by email, text message, phone call or any other means accepted by the Supplier.

“Business Day” means a day other than a Saturday, Sunday or public holiday in Brisbane, Australia or 27, 28, 29, 30 or 31 December.

“Civil Liability Legislation” means the Wrongs Act 1958 and any legislation having the same or a similar effect in any other jurisdiction.

“Claim” includes any claim, notice, demand, debt, account, action, lien, cost, loss, expense, liability, litigation (including legal costs), investigation, judgment or damages of any kind, whether known or unknown.

“Company Site” means any site or premises owned, occupied or operated by the Company.

“Company” means the entity or any related persons or bodies procuring goods or services from the Supplier.

“Completion Date” means the date specified in the Quote or the Special Conditions when the Supplier is required to have completed performance of the Services.

“Confidential Information” means information which a party gives to another party under or in connection with the Contract that is not in the public domain and is confidential or proprietary in nature.

“Delivery Date” means the date specified in the Quote or the Special Conditions when the Supplier is required to deliver the Goods to the Delivery Point or as agreed to by the parties in writing.

“Delivery Point” means the place specified in the Quote or the Special Conditions (if any) or if no place is specified, the location nominated by the Company, where the Supplier is required to deliver the Goods.

“Direction” includes any agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement.

“Goods” means the goods (if any) specified in the Quote which include but are not limited to Handpieces (Dental High Speeds, Low Speeds, Prophy, Surgical & Implant, Laboratory, Couplers, Motors and Scalers.

“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“GST” has the same meaning as in the GST Act.

“Hire Equipment” means plant or equipment (if any) identified in the Quote or the Special Conditions which is provided by the Supplier to the Company on a dry hire basis.

“Law” includes any requirement of any statute, regulation, proclamation, ordinance, by-law or common law, present or future and whether state, federal or otherwise.

“OEM” means Original Equipment Manufacturer.

“Parties” means the Company and Supplier.

“Payment Date” means the seven (7) days from the date of the Tax Invoice or as agreed to in writing by the Supplier.

“Personnel” means employees, agents, consultants and sub-contractors, but the Supplier and the Supplier’s Personnel are not the Company’s Personnel.

“Price” means the price specified in the Quote, Tax Invoice or any other document from the Supplier.

“Professional Services” means the professional services (if any) described in the Quote or the Special Conditions required under the Contract.

“Quote” means a Quote issued by an authorised officer of the Supplier to the Company.

“Services” means the services (if any) specified in the Quote and includes the Professional Services (if any) and the supply of Hire Equipment (if any).

“Supplier” means Longview Trading Pty Ltd trading as Surgical Equipment Services.

“Warranty Period” means, unless stated otherwise in the Quote, Tax Invoice, Special Conditions or any other written document, the period of six (6) months.

1.2 In the Contract, unless the context indicates a contrary intention:

(headings) clause headings are inserted for convenience only and must not be used when interpreting the Contract.

(person) a reference to a person includes a natural person, corporation, statutory corporation, partnership, the Crown and any other organisation or legal entity and their personal representatives, successors, substitutes (including persons taking by novation) and permitted assigns.

(including) including and includes are not words of limitation.

(corresponding meanings) a word that is derived from a defined word has a corresponding meaning.

(singular) the singular includes the plural and vice-versa.

(parts) a reference to one or more things includes each part and all parts of that thing or group of things.

(rules of construction) neither the Contract nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.

(legislation) a reference to any legislation or provision of legislation includes all amendments, consolidations or replacements and all regulations or instruments issued under it.

2. Contract

2.1 The Contract comprises:

(a) the Quote;

(b) these Terms and Conditions (“Standard Conditions”); and

2.2 To the extent of any inconsistency, the following will prevail in descending order of precedence:

(a) Quote;

(b) Special Conditions; and

2.3 The Contract commences on the earlier of:

(a) the Company notifying the Supplier that the Quote is accepted (i.e ‘Approval’); and

(b) the Supplier delivering the Goods (in whole or in part) or commencing the provision of the Services.

2.4 The Supplier must notify the Company of any error in the Quote by 5.00pm on the Business Day immediately following its receipt or before the commencement of the Contract in accordance with clause 2.3, whichever occurs first.

2.5 Any proposal by the Supplier to provide the Goods or perform the Services which purports to include terms not expressly included in the Contract is deemed to be a proposal to provide the Goods and perform the Services exclusively on the basis of the Contract.

3. Goods and Services

3.1 The Supplier must:

(a) supply the Goods (if any) to the Company; and

(b) provide the Services (if any) to the Company; and

in accordance with the Contract.

3.2 The Supplier undertakes to use only quality premium parts & ceramic bearings to OEM standards. Products supplied by the Supplier are manufactured all over the world for replacement of the original manufactured parts.

3.3. Where possible offer suitable replacement options to any unrepairable/uneconomical to repair handpieces. For handpieces that have been either declined for repair or are unrepairable the Supplier will try to reassemble as best as possible for return, however, there may be instances where parts will be returned separately as they cannot be suitably reassembled.

3.4 At the time of receiving the repair job, the Supplier will confirm if parts such as irrigation clips, nose attachments, identification rings or tape etc are missing.

3.5 The Company must:

(a) ensure all handpieces and equipment are properly sterilised prior to provision to the Supplier.

4. Price

4.1 The Supplier must supply the Goods and perform the Services for the Price.

4.2 Unless otherwise stated in the Quote, the Price includes any local and foreign duties and taxes (other than GST), freight, insurance, packaging and delivery, shipping costs and any other costs associated with or necessary for the supply and delivery of the Goods or the performance of the Services.

5. Invoicing and Payment

5.1 The Supplier must issue a Tax Invoice to the Company before, at or after the delivery of the Goods or the performance of the Services in accordance with the Contract.

5.2 Any Tax Invoice issued by the Supplier to the Company must be a valid Tax Invoice in the form required under the GST Act.

5.3 Unless otherwise specified, amounts payable under the Contract do not include GST. The Company will pay to the Supplier the amount of GST for which the Supplier becomes liable for any supply the Supplier makes to the Company under the Contract, provided that payment claims rendered by the Supplier comply with all relevant GST Laws and are sufficient to allow the Company to claim any input tax credits which may be available to it.

5.4 The Price will not be subject to variation by the Supplier unless the Contract expressly states otherwise, or unless otherwise agreed by the parties in writing.

5.5 The Supplier reserves the right to claim the cost and expense of engaging debt collectors and/or solicitors for payment of outstanding Tax Invoices from the Company.

5.6 The Supplier reserves the right to pass on all bank, credit card or merchant service fees incurred in processing payments if not conducted via Electronic Funds Transfer. Any such applicable fees will be clearly displayed on the Tax Invoice prior to the final payment being made or confirmed.

6. Packaging and Labelling

6.1 The Supplier must properly pack and protect the Goods to prevent damage during transit and to ensure safe arrival at the Delivery Point.

6.2 The packaging, labelling and transport of the Goods must comply with all laws of any jurisdiction and, where applicable, with appropriate Australian and other standards.

6.3 The Supplier must provide to the Company with each delivery of Goods a Tax Invoice which includes:

(a) the date of delivery;

(b) the contents of the delivery;

(d) any variance from the Quote requirements.

7. Delivery, Risk and Title

7.1 The Supplier must deliver the Goods in accordance with any delivery instructions specified in the Quote to the Delivery Point by the Delivery Date.

7.2 The Supplier must notify the Company immediately if the Supplier becomes aware that the Goods (or part of the Goods) will not be delivered to the Delivery Point by the Delivery Date. If the Goods (or part of the Goods) are not delivered to the Delivery Point by the Delivery Date or any alternative date agreed by the Company, the Company may, without prejudice to any other remedy available to the Company, immediately terminate the Contract by written notice to the Supplier.

7.3 Title to the Goods will pass from the Supplier to the Company upon the payment to the Supplier of the Price for the Goods.

7.4 Title to Hire Equipment remains with the Supplier at all times (if applicable).

7.5 Risk in the Goods will pass from the Supplier to the Company upon delivery at the Delivery Point.

7.6 The Company must advise all their employees, servants or agents who accept parcels that they are responsible for the item once the courier has released the goods. No losses sustained will be covered by the Supplier in these circumstances.

8. Performances of Services

8.1 The Supplier must perform the Services in accordance with the Contract by the Completion Date.

8.2 The Supplier must perform the Services diligently, expeditiously and conscientiously in a proper and workmanlike manner.

8.3 The Supplier warrants that the Supplier has the materials, Personnel and resources to properly perform the Services and that all persons performing the Services are suitably trained, experienced and qualified to do so.

8.4 The Supplier must ensure the terms of employment for all persons performing the Services comply with the relevant Law or workplace agreement governing their employment.

8.5 The Supplier must notify the Company immediately if the Supplier becomes aware that the Services will not have been performed by the Completion Date. If the Services are not performed by the Completion Date, the Company may, without prejudice to any other remedy available to the Company, immediately terminate the Contract and make payment to the Supplier of any costs incurred to the date of termination immediately upon demand from the Supplier.

9. Safety

9.1 The parties must comply with all Laws and all occupational health, safety and environmental requirements of the parties relating to the Contract.

9.2 The parties must notify each other immediately if the parties becomes aware of any matter which may affect the safety of persons delivering the Goods or performing the Services.

10. General Obligations

10.1 The Company must not interfere with or disrupt the work of the Supplier or any of its Personnel except to the minimum extent necessary for the proper performance of the Contract.

10.2 On delivery of the Goods or completion of the performance of the Services or on earlier termination of the Contract, the Supplier will promptly:

(a) deliver to the Company all materials, documentation and things produced to the Supplier in the performance of the Contract; and

(b) return to the Company all materials, documentation and things provided to the Supplier by the Company for the performance of the Contract.

10.3 The Company expressly acknowledges and agrees that it has relied upon its own due diligence efforts to ascertain that the Goods or Services suitable for its purpose and has not relied solely on representations made by the Supplier, its directors, employees or representatives. Regardless of this acknowledgement, the Company agrees and accepts that the Supplier, its directors, employees and representatives, will not in any way be liable for any loss, consequential or otherwise resulting from any representations made regarding the Goods or Service’s suitability for its purpose.

10.4 The Company understands and acknowledges that the use of any product may adversely affect the operation of handpieces and other devices. This includes mechanical equipment such as handpieces, couplers, motors, chair lines, chair/delivery units, compressors, water supply, filters, powders, autoclaves, lubricants, cleaning products and any disposable product (such as cotton wool, paper towel, latex gloves etc.) used within the surgery.

11. Suspension, Variation and Cancellation of Contract

11.1 The Supplier may suspend the performance of the Services or the supply of the Goods for any reason for a period nominated by the Supplier. If the Supplier becomes aware that any reason for suspension no longer exists, it will notify the Company and the Supplier must recommence the performance of the Services and/or the supply of the Goods as soon as practicable.

11.2 If the suspension is directed because of a default or act or omission by the Company or the Company’s Personnel, the Company is not entitled to make a Claim against the Company for any additional costs, losses or damages the Company may incur or sustain in connection with the suspension. In other circumstances, subject to clause 11.3, if the suspension causes the Supplier to incur additional costs, the Company will compensate the Supplier for any reasonable costs incurred as a consequence of the suspension but the Supplier must use its best endeavours to minimise the amount of such costs.

11.3 Despite clause 11.2, the Supplier will not be entitled to make any Claim for additional costs incurred during the first 30 days of the period of suspension in relation to any Goods which at the time of the suspension have not been despatched from the Supplier’s premises.

11.4 Any modification or variation of the Contract will not apply unless expressly agreed in writing by the Company.

11.5 The Company may Direct the Supplier to vary the Goods or Services including:

(a) increasing or omitting part of the Goods or Services; or

(b) carrying out additional work,

but must not Direct a variation which constitutes a fundamental change to the nature of the Goods or Services.

11.6 If the proposed variation involves only the omission of part of the Services or part of the Goods and no additional or alternative Goods or Services, the provisions of clause 11.10 will apply to the exclusion of clause 11.7.

11.7 The Supplier will determine the value of a variation under clause 11.5 acting reasonably and after taking into account applicable rates and prices in the Contract and the Supplier’s views on the value of the variation.

11.8 Subject to clause 11.9, the Supplier may, at any time prior to the delivery of the Goods or the provision of the Services, terminate the Contract in whole or in part by notice in writing to the Company. Any costs incurred up to and including the termination date shall be the responsibility of the Company.

11.9 Following termination under clause 11.8, or if clause 11.6 applies, receipt of a variation Direction under clause 11.5, the Company must:

(a) pay the Supplier for all Goods delivered and all Services performed in accordance with the Contract up to the time of termination or variation;

(b) subject to the Supplier transferring title to the Company, pay the Supplier for any partially completed Goods and raw materials delivered to the Company at the Company’s request; and

(c) if the Contract requires the Supplier to manufacture or fabricate Goods to the specifications or other special requirements of the Company, the Company must, to the extent not covered by a payment under paragraphs 11.10(a) or 11.10(b), pay the Supplier the reasonable actual and direct costs incurred by the Supplier in manufacturing or fabricating the Goods up to and including the date of termination or variation of the Contract by the Company.

12. Warranties

12.1 The Company warrants that the Company is the sole legal and beneficial owner of the Goods provided to the Supplier free from all mortgages, charges, encumbrances, liens or other third party rights or claims.

12.2 The Supplier warrants that the Goods will be new and unused (if applicable) and will comply with all specifications, drawings, samples or other descriptions provided by the Company to the Supplier and any other requirements specified in the Contract.

12.3 The supplier guarantees that the goods supplied will perform as reasonably expected and, in the case of non-genuine goods, will not cause and issues relating to compatibility.

12.4 The Supplier warrants that the Goods and the Services when completed will be free from defects in design, workmanship and materials for the duration of the Warranty Period from the date of delivery of the Goods to the Delivery Point or the completion of the performance of the Services and that the Goods and Services will be fit for any purpose made known by the Company to the Supplier.

12.5 If the Supplier needs to repair or replace the Goods or re-perform the Services during the Warranty Period because they do not comply with the Contract, the Warranty Period for those Goods or Services does not commence again from the time when the Goods are repaired or replaced or the Services are re-performed.

12.6 Nothing in the Contract excludes any condition, warranty, guarantee, right or remedy implied by any Law for the benefit of a purchaser (whether of goods or of services) including the Competition and Consumer Act 2010 (Cth).

12.7 The Supplier must ensure that the Company obtains the benefit of any warranties provided by manufacturers of the Goods or of materials or other components which are used in the performance of the Services where ownership of those materials or components ultimately vests in the Company.

12.8 The Supplier acknowledges that, in entering into the Contract, the Supplier has not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of the Company which is not expressly stated in the Contract.

12.9 The Company acknowledge that the Warranty is null and void in the event the Company does not adhere to the manufacturer’s service or maintenance requirements as noted in any product manual or document.

12.10 The Company agrees to ensure its own nursing staff follow the correct protocols for equipment maintenance as outlined by either the equipment Manufacturer’s instructions or those provided by the Supplier. Should this ongoing maintenance be found not have been carried out at all or to below a minimal level for operation then the Supplier reserves the right to charge for additional servicing within any warranty period.

12.11 The Supplier accepts no responsibility for any loss, damage, cost or expense incurred as a result of any error, omission or misrepresentation on the Suppliers website or through its business practice.

12.12 This warranty does not include that of any damage incurred or from dropping, tampering, poor maintenance, wrongful use, human error or mis-handling of the goods.

13. Professional Services

13.1 This clause 13 applies only if the Contract includes the supply of Professional Services.

13.2 The Supplier must ensure all Professional Services are carried out to a professional standard and in accordance with all Laws.

13.3 The Supplier acknowledges the Company is relying on the professional judgement and skill of the Supplier’s Personnel in performing all Professional Services.

13.4 If the Company Directs an amendment to any part of the Professional Services, and the Supplier or the Supplier’s Personnel do not, in their professional and reasonable opinion, agree with that Direction, the Supplier must note its objection to the Company in writing within 2 Business Days of the Direction, setting out:

(a) the reasons the Supplier does not agree with the Direction; and

(b) proposing additional or alternative measures which could be reasonably implemented together with the Company’s Direction to remove the objection of the Supplier or the Supplier’s Personnel.

13.5 If the Company does not:

(a) amend a Direction objected to by the Supplier; or

(b) adopt reasonable alternative measures in accordance with clause 14.5,

the Supplier is not liable for the Professional Services in accordance with clause 13.2 and 13.3 but only to the extent the unsuitability or failure of the Professional Services arises as a direct result of the Direction of the Company.

14. Indemnities

14.1 The Company indemnifies the Supplier and the Supplier’s Personnel from and against all Claims for:

(a) injury or death to any of the Company’s Personnel or customers;

(b) damage to or destruction of any property belonging to the Company or in the Company’s possession or under the Company’s control;

(c) the Supplier’s inability to meet its obligations to a third party as a result of the Company failing for any reason to perform its obligations under the Contract;

(d) injury to or death of any person (including the Company’s Personnel) or damage to or destruction of any property (including the Goods or any property of the Company or any of the Company’s Personnel) caused by a negligent or unlawful act or omission or wilful misconduct of the Company or the Company’s Personnel or a breach of the Contract by the Company;

(e) a failure by the Company or the Company’s Personnel to comply with any Law; and

(f) without limiting clauses 14.1(a) to 14.1(e), a breach by the Company or the Company’s Personnel of any of the Company’s obligations under the Contract or the negligence of the Company or the Company’s Personnel in connection with the performance of the Contract,

except to the extent the Claim arises as a direct result of the negligent or unlawful act or omission or wilful misconduct of the Supplier or the Supplier’s Personnel or a breach of the Contract by the Supplier.

14.2 The indemnities in the Contract are continuing obligations, independent of the other obligations of the parties under the Contract and continue after the Contract ends. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under the Contract.

15. Insurance

15.1 The Company must maintain, and must ensure that where applicable each of the Company’s Personnel maintains:

(a) workers compensation insurance as required by applicable Laws for all of the Supplier’s Personnel performing any work under the Contract;

(b) public and product liability insurance providing a minimum indemnity limit of $10 million for each and every claim;

(c) if the Contract includes the supply of Professional Services, professional indemnity insurance, on a claims incurred basis, providing a minimum indemnity limit of $2 million for each and every claim, or such other amount as specified in the Contract;

(d) for any motor vehicles brought onto a Supplier’s Site, third party property damage motor vehicle insurance; and

(e) any other insurance specified in the Contract.

15.2 The Company must take out and maintain insurance covering the Goods under an all risks policy for their replacement value against loss or damage, including loss or damage in transit to the Delivery Point and during unloading until risk passes to the Supplier.

15.3 The Company must ensure that any policies of insurance maintained by the Company for the purposes of the Contract name the Supplier as an additional insured or note the interest of the Supplier.

15.4 The Company must provide such evidence as the Supplier reasonably requires that the Company and the Company’s Personnel are insured in accordance with the Contract before the Supplier commences servicing, manufacture or delivery of the Goods or performance of the Services and otherwise when requested by the Supplier from time to time.

15.5 The Company must have in place the appropriate Transit Insurance for all handpieces moving to or from the Company’s premises. This is the sole responsibility of the Company. Claims for loss or damage should be dealt with directly with the courier or through their own private business insurance.

16. Supplier Property

16.1 Any designs, materials, drawings, tools or equipment provided by the Supplier to the Company in connection with the supply of the Goods or the performance of the Services (collectively “Supplier Property”) remain the property of the Supplier at all times.

16.2 The Company must:

(a) not, without the prior written consent of the Supplier, use any Supplier Property for any purpose other than the performance of its obligations under the Contract;

(b) maintain any Supplier Property in accordance with good practice and the Directions of the Supplier;

(d) allow the Supplier, and its Personnel, to access and inspect the Supplier Property at all times upon reasonable notice (if required);

(e) not dispose of or encumber any Supplier Property; and

(f) return any Supplier Property to the Supplier immediately upon demand by the Supplier.

17. Defective Goods or Services

17.1 The Supplier may notify the Company of any defect in the Goods or Services within a reasonable time of it becoming aware of the defects.

17.2 The Supplier must, within 7 days of receiving notice from the Company, at the Company’s option, either:

(a) repair or rectify the defect or non-compliance in the Goods or the performance of the Services at no cost to the Company;

(b) replace the Goods or re-perform the Services at no cost to the Company; or

(c) refund any amount paid by the Company to the Supplier on account of the Price for the defective or non-compliant Goods or Services.

17.3 The exercise of any rights under this clause by the Company will not preclude or prejudice the exercise of any other rights, powers or remedies that may be available to the Company.

17.4 The Supplier will hold any defective or non-compliant Goods for the Company at the Company’s risk. If the Company fails to collect those Goods within a reasonable time of being requested to do so by the Supplier, the Supplier may dispose of them in whatever manner it thinks appropriate and will have no liability to the Company for that disposal.

18. Breach of Contract

Without limiting any other provision of the Contract, the Supplier may terminate the Contract immediately by notice to the Company if the Company breaches the Contract and the Company fails to remedy the breach within 5 Business Days of receiving a notice from the Supplier requiring the Company to do so, or if in the reasonable opinion of the Supplier, the breach is incapable of remedy.

19. Insolvency

Either party may terminate the Contract immediately by notice to the other party (Insolvent Party) if:

(a) the Insolvent Party is a company and the Insolvent Party has become an externally administered body corporate or a person becomes a controller of the Insolvent Party’s property (as those terms are defined in section 9 of the Corporations Act 2001);

(b) the Insolvent Party is a person and a judgment is entered against the Supplier in any court in any jurisdiction, the Insolvent Party become the subject of any bankruptcy petition or the Insolvent Party commits an act of bankruptcy or is made bankrupt; or

20. Dispute Resolution

20.1 The parties must attempt to resolve disputes arising under the Contract promptly by negotiation in good faith before referring the dispute to conciliation or arbitration or commencing court proceedings. Senior personnel nominated by each party will attempt to resolve the dispute.

20.2 If the dispute is not resolved within 30 days of the commencement of negotiations, either party may in writing terminate any dispute resolution process and commence court proceedings.

21. Confidentiality

21.1 Each party must not, without the prior written consent of the other party, disclose to any person any Confidential Information unless

(a) the disclosure is required by Law or by order of a Court; or

(b) the disclosure is to legal or other advisors of a party for the purpose of advice in relation to the Contract.

21.2 Prior to disclosing any Confidential Information as permitted under clauses 21.1(a) or 21.1(b), a party must notify the other party of the proposed disclosure and must provide a copy or particulars of the Confidential Information to be disclosed.

22. Intellectual Property

22.1 If the Supplier is the manufacturer of the Goods and the Goods are required to be manufactured or fabricated to the Company’s specifications or special requirements (and are not standard stock goods), the Supplier will own all intellectual property rights that arise as a result of, or in the course of, the design and manufacture of the Goods.

22.2 The Supplier will own all intellectual property rights that arise as a result of, or in the course of, the performance of the Services.

22.3 The Company must execute and deliver to the Supplier any deeds, agreements or other documents which the Supplier may reasonably require to transfer or assure to the Supplier any intellectual property rights to which the Company is entitled under the Contract.

22.4 The Supplier indemnifies the Company against all loss, cost, expense or damage suffered or incurred by the Company as a result of the Goods or the Services infringing the intellectual property rights of any person except to the extent that the infringement arises as a direct result of the use of Supplier’s Property.

22.5 Nothing in the Contract affects the ownership of any intellectual property rights existing at the date of the Contract.

22.6 The Supplier makes no claim that the manufacturers mentioned on the Suppliers website endorse or support their services. All logos are for the promotion of each company’s products and the Supplier makes no claim to represent each company.

23. Joint and Several Liability

If the Company comprises two or more persons, each of the persons is jointly and severally liable for the obligations and liabilities of the Company under the Contract.

24. Assignment

If the Supplier is unable to repair any handpiece the Supplier may engage a sub-contract repair services to assist. Alternatively, we will inform the client that we are unable to help repair the item at this stage.

25. Notices

25.1 A notice given to the Supplier under the Contract must be addressed to the address last notified by the Supplier to the Company as the Supplier’s address for the purpose of the Contract.

25.2 A notice to be given to the Company under the Contract must be addressed to the address last notified by the Company to the Supplier as the Company’s address for the purpose of the Contract.

25.3 Notices given under the Contract must be in writing signed by an authorised representative of the sender.

25.4 Notices are taken to have been received by the recipient on the third (seventh, if sent outside the country in which it is posted) Business Day after the date of posting, or on the date of delivery, if the notice is hand delivered to the recipient’s address.

26. No waiver

26.1 A failure, delay, relaxation or indulgence of a party in exercising any power, right or remedy conferred upon that party under the Contract does not operate as a waiver of that power, right or remedy.

26.2 A single or partial exercise of any power, right or remedy does not preclude any other or future exercise of any other power, right or remedy under the Contract.

26.3 A waiver of a breach of the Contract or any power, right or remedy arising under the Contract must be in writing signed by the party granting the waiver.

27. Entire Agreement

27.1 The contents of this Contract constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this Contract, whether orally or in writing.

28. Survival

The warranties, indemnities and confidentiality obligations in the Contract survive rescission, termination or completion of the Contract and do not merge on completion of any transaction under the Contract.

29. Civil Liability Legislation

29.1 To the extent permitted by Law, the operation of the Civil Liability Legislation in relation to any rights, obligations or liabilities under or in connection with the Contract is excluded.

30. Governing Law

The Contract is governed by the Laws applicable in Victoria.

31 Website orders.

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In order to protect the company and the supplier from fraudulent transactions, The supplier may provide your transaction-related information to a reputable third-party organisation to perform an address verification. The supplier also reserves the right, at its discretion, not to ship items ordered on this website to certain addresses. In the event that the supplier chooses not to ship an item, the company will be notified by email.

All prices displayed on the the suppliers website are in Australian Dollars and include GST where relevant.

All orders are despatched next working day, subject to availability and may take up to 3 working days for delivery. If products are not available at time of order you will be notified via email and given the option of back ordering.

The supplier reserves the right to withdraw this offer at any time.

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You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used without the written permission of Site Owner. Site Owner neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with Site Owner.

While Site Owner uses reasonable efforts to include accurate and up-to-date information on the Site, Site Owner neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Site Owner.

Your use and browsing of the Site is at your own risk. Neither Site Owner nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provide to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Site Owner also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

Images of products, people or places displayed in the Site are either property of, or used with permission by, Site Owner. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere in the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Site Owner and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Site Owner or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content of the Site, except as provided in these Terms and Conditions, is strictly prohibited. You’re are also advised that the Site Owner will aggressively enforce its intellectual property right to the fullest extent of the law, including the seeking of criminal prosecution.

Site Owner has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

The Site Owner is not liable for any damages that may occur from the use or misuse of the products sold on the Site.

Paramount Dental Repairs Pty Ltd may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

33. Ordering

Orders can only be placed online. Orders are accepted by our website 7 days per week, 365 days per year.

Your order will be processed on the next processing day, at which time you will be sent an email acknowledgement of your order with delivery information.

Please be careful when entering your personal details, it is critical that you enter the address correctly for the Australia Post express system to recognize it and accept delivery. You will also have the opportunity to enter specific delivery instructions eg “place at front door under porch”.

34. Minimum order

There is no minimum order.

35. Invoice

Longview Trading Pty Ltd will provide you with a tax invoice specifying the total price for the goods and service fee at time of delivery.

36. Delivery fee

There are no additional delivery fees for all repairs. Delivery fees may be charged for instrument sharpening, small spare parts deliveries and evaluations where a delivery fee has been agreed upon. This may change without prior notice.

37. Security

Longview Trading Pty Ltd acknowledges that the security of your personal information is of paramount importance to you. Personal information will be managed in a secure environment to safeguard from misuse, unauthorised disclosure, alteration or destruction.

However, no data transmission over the Internet can be guaranteed as completely secure and accordingly, we cannot ensure or warrant the security of any information that you transmit to us and you do so at your own risk. Longview Trading Pty Ltd is not liable for any breach of security or any unintended loss or disclosure of your personal information.

38. Returns Policy

We will only accept responsibility for damaged goods if you notify service staff at Longview Trading Pty Ltd within 2 days of delivery. We are otherwise not responsible for damaged product.

39. Items missing from an order

If you have any products missing from your order, make sure you check the invoice to see if the product was marked as being back ordered, or if it is not out of stock, to see if you were charged. Please contact Longview Trading Pty Ltd Customer Service to have any problems resolved.

The Site Owner is not liable for any damages that may occur from the use or misuse of the products sold on the Site.

Longview Trading Pty Ltd may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.

1300 942 239

sales@seservices.com.au