U SleepWell- Sleep Apnea Solutions

1 Items

Terms & Conditions Home

Terms & Conditions

 

 DEFINITIONS
 
 "Carriage" means the transport of the Products.
 
 "the Company" means U SleepWell ABN 71 273 491 212.
 
 "this Contract" is for the supply of the Products pursuant to these Terms and Conditions.
 
 "Contract Price" is the agreed price for the supply of the Products.
 
 "the Customer" means any entity engaging the Company to supply Products.
 
 “An Associate” means any entity who registers to become a distributor or stockist engaging theCompany to supply Products.
 
 "Intellectual Property" means the name, and all trade marks, logos, service marks, trade names,business names, copyrights, designs, patents, inventions, processes and other technical know-how,confidential information and other rights in industrial property and applications for the Product;
 
 “the Product/s” means the products identified in the supporting documentation.
 
 THE CUSTOMER MUST:-
 Make payment of deposits and/or payments of the Contract Price on the agreed terms.
 
 Accept the Company operate the website u-sleepwell.com. By accessing, browsing or using this website you agree to the Terms, Conditions, Liability, and Disclaimers herein under Terms and Conditions. Terms and Conditions are subject to amendments as and when required by us.
 
 The Company reserves the right to make any changes, add, modify, or remove parts of these Terms and Conditions at any time without notice, should you continue to use this site following any amendments, and it will mean that you have accepted the amendments.
 
Accept any illegal activity or use of false names or using fraudulently acquired credit cards to purchase goods through the website u-sleepwell.com will be subject to civil and/or criminal prosecution.
 
Accept that the pillow is not for sale to persons under eighteen years of age
 
Accept that the goods displayed on the website are current as displayed. We reserve the right to apply variation to the price of goods without notice. We cannot guarantee the website content is current, accurate, and without error.
 
Accept that the Company will not be responsible for incorrect or illegible addresses provided by you. Redirecting goods will incur additional costs. If goods are lost or stolen in transit, we will need to resolve the problem first, before replacement can be dispatched. Any replacement dispatched will be at the Company’s discretion.
 
 Accept that our couriers deliver goods between the hours 8.30 am and 5.30 pm Monday through Friday. we will not accept responsibility for late arrival of goods.
 
 Accept that we will not accept liability for goods lost, stolen, or damaged after delivery.
 
Accept that to cancel an order; you must notify us immediately by phoning us and talking to one of our staff members.
 
Accept that The Australian Health Regulations, which do not permit the exchange of a used pillow or pillows, bind us. Please consider and choose carefully.
 
Accept that to exchange for a similar product you will need to first insure the goods to be exchanged are safely and properly packed and in a ‘as new’ condition. You need to provide us with a receipt as proof of dispatch together with the courier or freight company’s details for tracking the goods. We cannot replace or issue refund if your goods are lost or stolen in transit.
 
Accept that for our Company to make a refund for goods, because the product has a manufacturing defect or  damaged in transit, the goods must be;
 
Returned within 7 days.
 
Returned with a copy of the invoice
 
The goods must be unused, and in original condition.
 
The goods must not be damaged.
 
The customer must pay the return freight.
 
If the good are deemed to have been used or soiled, there will be no refunds. The customer will have
the option to take back the goods at Customer’s expense, or for health reasons, the goods will 
destroyed.

Supplier retains the right to accept returned goods wholly at their discretion outside the existing terms of goods being defective or damaged. An Administration and Handling fee of 15% will apply on returned goods.  Additionally, all delivery/transport fees upon return of goods will be the sole responsibility of the Customer.   Customer hereby indemnifies the Supplier of any loss incurred in the event of goods returned. 

May replace defective goods or issue a refund. If replacement is required, then the defective goodsmust be returned in original condition, unused and securely packaged. Returned within 7 days.Attach    original invoice and freight receipt.   Accept that for Customers outside Australia, due to significant freight costs involved, we cannot offer refunds on any grounds. Please consider your selection carefully.
 
 
Pay interest at 2% per annum above the rate fixed by the Penalty Interest Rates Act of 1983 on alloverdue payments until date of payment.
 
Pay the Contract Price in Australian dollars, free of exchange and without deduction of any kind.
 
Accept this Contract at the same time it engages the Company.
 
Be responsible for all additional costs and expenses and sign job variation orders authorising suchcosts and expenses.
 
Pay for any duty, tax (including GST), impost or outlays of whatsoever nature levied in connectionwith the Products.
 
Be solely responsible for and indemnify the Company against:-
 
1. any loss or damage to the Products;
2. all claims whatsoever for injury to person or property caused by or in connection with the Products.
 
(other than through the Company acting negligently.)
 
 Accept all risk and responsibility for the Products being sufficient and suitable for its purpose.
 
 Insure the Products against loss, theft or damage.
 
 Accept that delivery dates are given in good faith by the Company having regard to known conditions at time of quoting and that the Company is not liable for damages or penalties arising from delays in Carriage.
 
 Limit the liability of the Company, whatsoever and howsoever arising and unless otherwise expressly excluded under these conditions, to a sum equivalent to the costs of replacing the Products under any delivery out of which the claim or liability arises.
 
 Accept that the Company is not liable for damages or penalties arising from delays in delivery, installation and commissioning and that the customer is responsible for delivery of the Product.
 
 THE CUSTOMER MUST NOT:-
 Withhold payment of any amount due to the Company on account of any claim against the Company whether admitted or disputed.
 
 Deny a signature of any employee, agent or carrier utilised or employed by the Customer.
 
 Claim for faulty Products unless in writing and made within seven days of the date of receipt of the Products.
 
THE COMPANY MUST:-
Be at liberty to determine the route which Carriage is to be effected notwithstanding that the route taken is not the most direct or usual route taken.
 
 Be paid all brokerages, commissions, allowances and other remunerations.
 
 Provide the Products.
 
 Warrant that the Product is free from defects in materials or workmanship for one year from the date of acquisition provided always that: (a) the Customer has notified the Company in writing immediately any defect is discovered. (b) the Customer can prove that the Customer acquire the Product directly from the Company.
 
 THE COMPANY MUST NOT:-
 Be precluded from raising a debit in respect of any fee or disbursement lawfully due to it, whether or not any notice was given that further debits were to follow.
 
 Be liable for loss of or damage to Products unless such loss or damage occurs whilst the Products are in the actual custody of the Company and under its actual control and unless such loss or damage is due to the wilful neglect or default of the Company or its own servants.
 
 Be liable for damages arising from loss of market or attributable to delay in forwarding or in transit or failure to carry out the instructions given to it.
 
 Be under any obligation to effect a separate insurance on each consignment but may declare it on any open or general policy should the insurers dispute their liability for any reason the insured must have recourse against the insurers only and the Company must not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its Customer.
 
 Be under an obligation to make any declaration to any state or federal authority unless written instructions are given to the Company.
 
 Have a liability of any nature whatsoever to effect a recovery of amounts wrongfully paid or levied.
 
 Be liable for any loss arising directly or indirectly from advice given including on its website www.u-sleepwell.com.
 THE COMPANY MAY:-
 Add to the Contract Price any amount which may be required to be remitted to any appropriate authority to properly perform the Contract.
 
 Offset all or part of any of the Contract Price against any moneys owed by the Customer to the Company or to pay for any of the Company's equipment which was lost, damaged, stolen or destroyed during the course of the Contract.
 
 Claim and recover from the Customer all losses, costs and expenses incurred by the Company in consequence, directly or indirectly, of any breach of the Contract on the part of the Customer including the legal costs, as between Solicitor and own client.
 
 Pending forwarding and delivery, warehouse Products at any place at the sole discretion of the Company at the Customer's risk and expense.
 THE PARTIES AGREE THAT:-
 This Contract is to be governed by the laws of the State of Victoria.
 
 These conditions apply to all Products supplied by the Company to the Customer unless expressly varied in writing by the Company.
 
 Ownership of all Products remains the property of the Company as legal and equitable owner and does not pass to the Customer until paid for in full. Until then: (a) if the Product is used to make a new product, then the new product is owned by the Company; (b) the Customer is in possession of the Products solely as bailee for the Company; (c) the Customer must store the Products separately from its own; and (d) the Customer must on request provide details of all parties to whom Products have been delivered.
 
 The Company is not liable for any consequential damages or loss of whatsoever nature in any circumstances.
 
 The Company is not liable for any loss suffered by the Customer subsequent to Carriage.
 
 The Contract constitutes the only agreement between the Company and the Customer.
 
 The Customer has not been induced to enter into this Contract by any representations whatsoever made by or on behalf of the Company.
 
 No variation, alteration or addition to the Contract must be of any force or effect unless in writing and signed by duly authorised representative of the Company and the Customer.
 
 The Company is not a common carrier. Whenever the Company is instructed to undertake or arrange transport, storage or any other service, it must be authorised to entrust the Products or arrangements to third parties subject to the latter’s Contractual conditions. The Customer must be bound by such conditions and must indemnify the Company against any claims arising out of their acceptance.
 
 References to this document include its recitals and any schedule or annexure.
 
 It is the intention of the parties that this document must take effect as a Contract.
 
 If a party makes a taxable supply in connection with this Contract for a consideration, then the party liable to pay for the taxable supply must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.