Oxygen Solutions trading as Independent Living Specialists Pty Ltd ABN: 78106336958
HIRE / SALES AGREEMENT
BETWEEN The Independent Living Specialists Pty Ltd and all associated brands, Oxygen Solutions, ILS Pressure Care (‘Lender’) AND The party identified in Item 1 of the Schedule (‘Borrower’) Definitions ‘Term’ means – term of the Agreement; The beginning date ie signing/issuing of the “ILS Hire – Hire Form” and ending on the date the equipment is returned to the Lender. “Equipment” means equipment purchased or hired by the Borrower from the Lender.
1. Limitation of Liability
1.1 The Borrower agrees to indemnify and keep indemnified the Lender from and against all costs, losses, damages and or claims made against the Lender arising or in any way connected to any accident or injuries to the Borrower or any other person, including property claims or expenses arising from or in connection with the hire or use of Equipment sold or hired to the Borrower.
1.2 For items hired such as a power wheel chair, scooter or the Inogen One, the Borrower has the option to take out insurance cover with the Lender at the rate to the Borrower of $22.00 per week. This will cover items hired up to the value of $6000 should they be lost, stolen or damaged. This cover carries an excess of $300 which the Borrower will be required to pay on each incident for which insurance cover is claimed. Should no insurance be selected then the borrower will be required to pay for the full replacement value of the hired item. In the event that the item is stolen, a police report is required by the Borrower to the Lender before any insurance claim can be made.
1.3 The liability of the Lender for a breach of a term or condition implied by the Trade Practices Act 1974 (as amended), shall be limited at the Lender’s option to the replacement of the approved goods or services, or the supply of equivalent approved goods and services, or the payment of the cost of replacing approved goods and services.
2. Extension of Loans. This agreement automatically extends beyond the initial rental period for further 28 day period unless the Borrower notifies the Lender at which point a termination reference number will be quoted or applied.
3. Delivery of Equipment
3.1 Equipment, such as shower chairs, wheelchairs, commodes considered as general items can be delivered for a charge of $33 inc gst. This includes delivery, installation and demonstration where needed. These hired items can be returned to our Lane Cove warehouse facility or a VIP collection fee of $33 inc gst is available on acceptance. For Hoists, Air Chairs or pressure mattresses a fee of $88 inc gst will apply. This will include the delivery, installation, demonstration and collection of the item(s) when they are no longer required. For beds a fee of $132 inc gst will apply. This will include the delivery, installation, demonstration and collection of the bed when no longer required. For a King single bed, posture flex bed or a recliner chair a fee of $185 inc gst will apply. This will include the delivery, installation, demonstration and collection of the item(s) when they are no longer required. For Oxygen equipment a fee of $55 will apply and this will include the delivery and collection of the items. Same Day premium fees: A same day delivery can be made with a fee of $85 inc gst in addition to the standard fees. Beyond 3pm the fee will increase to $120 inc gst. A same day request ordered on a Friday, will incur a same day fee of $120 inc gst. For weekend deliveries a premium of $240 inc gst will apply. All standard fees apply with the premium fees as additional.
3.2 In the event the Lender is not able to deliver the Equipment due to the Borrower not being present at the time of delivery during the stipulated 3 hour delivery window, the Lender reserves the right to charge a failed delivery fee equal to the stated delivery fee.
4. Use of Equipment
4.1 The Borrower must ensure the correct use and maintenance of the Equipment by undertaking instruction with an ILS Hire representative in the operation of the equipment. By accepting the Equipment, the Borrower warrants that it has received proper instructions in the use of the Equipment (and or it has been installed properly) and will rely on its own skill and care when using the Equipment. If the Borrower requires further assistance in relation to the use of the Equipment the Borrower must contact the Lender immediately. The Lender will not be responsible for injury or loss caused to the Borrower or any other person, as a result of the use of the Equipment once the Equipment is accepted by the Borrower. The Borrower shall be deemed to have accepted the Equipment on delivery and departure from the delivery site of the ILS Hire representative after (where applicable) any instruction has been given to the Borrower by the ILS Hire representative.
4.2 The Borrower accepts full responsibility for the safety and good care of the Equipment and must ensure the equipment is properly maintained at all times.
4.3 The Borrower must immediately report any problem in the use of the Equipment to the Lender.
4.4 The Borrower must not take the Equipment interstate or overseas unless authorized in writing to do so by the Lender.
4.5 The Borrower must use the equipment only for lawful purposes.
4.6 The Borrower shall indemnify the Lender for any claim, loss or damage suffered by the Lender as a result of the Borrowers breach of any of its obligations in this agreement.
4.7 At all times, title in the Equipment remains vested in the Lender. The Borrower is at all times a bailee of the Equipment and owes the Lender a duty of care over the Equipment as bailee. The Lender may, at its discretion, terminate the agreement at any time without notice.
5.1 The Borrower must pay the loan fee of four (4) weeks / 28 days in advance to the Lender upon signing this Agreement. There is a minimum hire period of two weeks.
5.2 For cheque or cash amounts a holding deposit of $250 is required on all hire contracts. A late payment fee of $11.00 including GST per week will apply to all accounts outstanding beyond fourteen 14 days from invoice.
5.3 Should the lender incur two (2) late payments, they shall forfeit their deposit and the Lender will reserve the right to collect the items.
5.4 Images on the ILSAU.com.au website are indicative only. A product may have a different shade or size as to what is represented online.
6. Return of the Equipment
6.1 The Equipment must be returned on or by the return date, as varied pursuant to clause 2.1.
6.2 If the Equipment is not returned on or by the return date, the Borrower shall continue to pay the assigned daily / weekly rental charges. Where payment is being made by credit card, the Borrower hereby authorizes the Lender to debit the Borrower’s nominated credit card for one month’s rental on the monthly anniversary.
6.3 The Borrower shall be responsible for the collection / return of the equipment, and all costs associated.
6.4 If the Borrower returns the Equipment by post or courier, the Equipment must be adequately protected and the Borrower must not attach any label to the Equipment or to the packaging provided with the Equipment. Part return of equipment: In the event the borrower wishes to return 1 or more items but wishes to continue to hire the balance, an additional collection fee will be charged based on the item for collection.
7. Option to purchase. The Borrower may purchase the Equipment at any time. The purchase price is available upon request from the Lender. If the Equipment is purchased by the Borrower an amount representing 2 weeks hire shall be deducted from the quoted purchase price if the Equipment is purchased within the first month of hire. If the equipment is purchased after the first month of hire a further amount representing 1 weeks hire shall be deducted from the purchase price for each whole month up to a total of 4 months (including the initial month of hire) for which the Equipment has been hired by the Borrower.
8.1 For hired items returned within the first 28 days of rental there will be a maximum refund of 2 weeks hire. Refunds are only made on any full week ie; 7 days equals 1 x weekly rental charge. All rehab hires are calculated on a weekly basis and not on a pro rated daily rate basis. Oxygen hires are calculated on a 28 days cycle with no refund. A refund will be provided on the return of the equipment, providing the item is in good working order.
8.2 Items purchased: No refunds will be provided for incorrect choice. Please choose carefully.
Delivery and pick up fees will additionally apply for goods that were delivered free of charge and require ILS collection.
9. Termination. This agreement terminates on the Return Date unless terminated sooner at the Lender’s discretion.
10. Governing law and jurisdiction. This agreement is governed by the law of NSW and the parties to this agreement submit to the jurisdiction of the courts of that state.
Oxygen Solutions Online Sales and Website Accuracy Agreement
11.1 Contract formation. The seller’s website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
11.2 Order Process. The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.
11.3 The sellers discretion in rejecting orders. No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
12.1 Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in Australian dollars (AUD). Any currency conversion will take place online at the rate applicable at the time of purchase.
12.2 Taxes and other charges. Except for Australian Goods and Services Tax, prices do not include import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to buyers order. The buyer shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to buyers order.
12.3 Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
12.4 The seller may vary any prices on the seller’s website at any time and without notice to the buyer.
13. Availability and Cancellation
13.1 Availability. All orders are subject to the availability of products. If for any reason a product is not available, the seller will endeavour to notify the non-availability on this website. The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.
13.2 Cancellation of orders. Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.
13.3 The seller may cancel the buyer’s order any time prior to our order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
13.4 Delivery. Once the seller has confirmed acceptance of the buyer’s order, the seller will endeavour to dispatch the buyer’s order within 3 business days unless a different timeframe is specified in relation to a particular product. If the seller is unable to dispatch the buyer’s order within the time frame specified the seller will endeavour to contact the buyer and advise the buyer of the expected dispatch date.
13.5 The seller reserves the right to dispatch the buyer’s order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments up until the installment is confirmed.
13.6 Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.
13.7 The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.
14. Shortages, Damages or Loss in Transit
14.1 Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim.
14.2 All orders delivered within Australia are insured against damage or loss during transit. The seller will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery.
14.3 Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
14.3.1 Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
14.3.2 Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
14.3.3 Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
14.4 No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.
15. Return of Goods for Credit or Refund
15.1 Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller.
15.2 Requests to return goods must be submitted within 7 days from the date of shipping and the original invoice number must be quoted.
15.3 Where goods are accepted (for credit or refund at the sellers discretion) they must be delivered at the buyer’s expense into the seller’s store or warehouse in original condition and packaging. Returned products are the buyer’s responsibility until they reach the seller. The seller shall not be responsible for misdirected shipments or products lost or damaged in transit.
15.4 The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept. Such fees may be up to 15% of the invoice priced or $80, whichever is higher, and levied at the seller’s absolute discretion.
15.5 Any refunds (at the sellers discretion) will be refunded in the form of the original payment method used by the buyer.
16. Liability and Maintenance Guarantee
16.1 To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.
16.2 To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.
16.3 To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
16.4 In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.
16.5 At the termination of the appropriate period (ie guarantee period) all liability on the seller’s part ceases.
16.6 The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
16.7 The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
17. Errors or Ommissions
17.1 The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
18. Ownership and Risk
18.1 Ownership of all goods sold by the seller (“the goods”) is retained by the seller until until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
18.2 Until full payment is made the buyer agrees to:
18.2.1 Enable the goods to be readily identifiable as the property of the seller.
18.2.2 Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
18.2.3 On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
19. Personal Property Securities Act
19.1 Until full payment has been received for the buyers order, the buyer acknowledges and agrees that:
19.1.1 these Conditions of Use constitute a security agreement for the purposes of the Personal Property Securities Act; and
19.1.2 a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer(if any).
19.2 The seller undertakes to:
19.2.1 sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
19.2.2 indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities * Register or releasing any item charged thereby;
19.2.3 not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent;
19.2.4 give the seller not less than 14 days’ prior written notice of any proposed change in the buyer’s name or any of the buyer’s contact details.
19.3 Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with the Personal Property Securities Act.
20.1 Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.
21. Description of Products
21.1 Modifications and improvements to the seller’s products, prices and data are constantly being made.
21.2 Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
21.3 The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.
21.4 If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
21.5 The buyer understands that items ordered online may require assembly.
22. Force Majeure
22.1 The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is is outside the seller’s reasonable control.
23.1 The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.
24. Changes to these Conditions of Use
24.1 The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.
25.1 If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
26. Disputes and Governing Law
26.1 These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of Australia and the courts of Australia shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).