Terms of Trade

TERMS OF TRADE

1. DEFINITIONS

1.1 “Surgico” shall mean Surgico Medical & Surgical Limited, its permitted assigns and successors, or any agents or employees of Surgico as appropriate.

1.2 “Customer” shall mean the Customer as described in these terms of trade, any person acting on behalf of and with the authority or apparent authority of the Customer, or any person purchasing goods and services from Surgico.

1.3 “Goods” shall mean all goods and inventory supplied by Surgico to the Customer; and all charges identified in any invoice issued by Surgico to the Customer, which invoices are deemed to be incorporated into and form part of these terms of trade; and also means all services and advice provided by Surgico to the Customer and shall include without limitation the manufacture and distribution of advertising, printing and display materials including technical advice and all charges for labour, hire charges, insurance charges, freight costs, or any fee or charge associated with the supply of Goods by Surgico to the Customer.

1.4 “Premises” shall mean 3A Whetu Place, Rosedale, Auckland 0632.

1.5 “Price” shall mean the cost of the Goods as agreed between Surgico and the Customer under these terms of trade and includes all disbursements Surgico pays to third parties on the Customer’s behalf.

2. ACCEPTANCE

2.1 Any order from the Customer for the supply of Goods shall constitute an acceptance of these terms of trade.

2.2 Any order from the Customer received by Surgico shall constitute an offer subject to acceptance by Surgico. No order accepted by Surgico shall be modified or cancelled except with the written consent of Surgico.

3. PRICE

3.1 All Prices shown on the website are in NZD. The Price payable by the Customer will be the Billing amount shown in the shopping tray plus any additional shipping charges.

3.2 Where a Price is given by Surgico for Goods:

(a) that Price shall be exclusive of GST;

(b) all freight and transport charges will be borne by the Customer;

(c) Surgico reserves the right to alter Prices at any time;

(d) all Prices are subject to the availability of stock.

3.3 Where no Price is stated, the Goods shall be deemed to be sold at the current amount as such Goods are advertised by Surgico at the time.

3.4 Where the Customer wishes to vary an order:

(a) the Customer must submit an email enquiry to Surgico outlining the order number and requested variation;

(b) Surgico must within three (3) working days, notify the Customer of any extensions to time to carry out the order, of any additional costs arising from carrying out the variation and any change to the Price;

(c) the Customer has two (2) working days from receiving Surgico’s notice to accept those matters set out in Surgico’s notice;

(d) if the Customer does not respond within the stipulated timeframe or specifically accepts the matters set out in Surgico’s notice, then the exchange of notices shall be deemed to be an agreed variation.

4. CHARGES AND PAYMENT

4.1 All online transactions are hosted by Paypal.

4.2 Surgico currently accepts Visa (includes Visa Debit), Mastercard. The Customer credit card will be charged on clicking the Pay Now button on the Payment page in the checkout.

4.3 Payment for Goods shall be made in full at the time of confirmation of order.

4.4 In the event that an order is made but the stock is unavailable, Surgico may in its discretion allocate any payment received from the Customer towards any invoice that Surgico determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated.

5. DELIVERY, RISK, AND INSURANCE

5.1 If Surgico has specified an anticipated delivery date, Surgico will use its reasonable endeavours to arrange delivery of the Goods by that date. Surgico is not liable for any failure to deliver, or for any delay in delivery.

5.2 Delivery shall be made to the New Zealand address indicated in the Customer’s order form and if no address is indicated then Surgico will make the Goods available at the Premises for collection by the Customer. Delivery of Goods to the Customer shall be deemed completed either upon Surgico delivering the Goods to the address provided in the order form or, where no address is indicated in the form, then upon Surgico making the Goods available for collection at the Premises.

5.3 Irrespective of whether ownership and title in the Goods remains vested in Surgico, risk in the Goods shall pass to the Customer upon delivery.

5.4 With the exception of any insurance expressly covered by Surgico, the Customer is responsible for the insurance of all Goods from the time of delivery.

6. RETURNS POLICY

6.1 The Customer shall inspect the Goods upon delivery and shall within seven (7) days after delivery notify Surgico in writing of any abnormalities (faults or damage) the Customer wishes to make a claim for. If the Customer does not notify Surgico as per this clause 6.1, the Customer shall be deemed to have accepted the Goods and no returns shall be made or accepted by Surgico.

6.2 Goods sold by Surgico may be returned for store credit subject to the following conditions:

(a) all returned goods require a return authorisation number from Surgico prior to returning for credit;

(b) the invoice and/or packing slip number must be quoted;

(c) all Goods should be returned in the original packaging. Consumables not returned in the original packaging may not be accepted for credit;

(d) Goods classified as sterile by Surgico will only be credited upon inspection and subject to confirmation that the goods have been correctly stored and transported for return, and that the Goods are sufficiently within the expiry date for resale.

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6.3 The Customer shall be entitled to a full credit of the Price of the order in the event of order processing or shipping error. The returns must be received within thirty (30) days in the original unopened shelf packaging. There will be no restocking charge.

6.4 Goods covered under warranty will be replaced or repaired at no charge The value of the Goods returned must be stated as the same value as the original invoice.

(a) The Customer must provide the original invoice number, serial or lot numbers, and a full description of the fault and how the fault occurred must be given.

(b) Damage caused by incorrect use or care will not be covered under warranty.

(c) Goods not covered by warranty returned for repair must be accompanied by a written purchase order or service requisition.

6.5 Surgico may refuse any Goods returned for credit on any of the following grounds – that the Customer:

(a) no longer wants the Goods;

(b) no longer requires the Goods;

(c) over-ordered the Goods; or

(d) ordered the wrong Goods.

6.6 Except at Surgico’s discretion:

(a) a Surgico representative or manager may authorise the return of Goods;

(b) returned Goods may be subject to a 25% restocking charge on the Price of the order;

(c) Goods indented at the Customer’s request cannot be returned under any circumstances.

6.7 All goods being returned should be addressed to Surgico Medical and Surgical Ltd at either:

(a) its Premises; or

(b) P.O. Box 300-180, Albany

6.8 Surgico will replace or credit to a maximum of the full value of the goods returned. Surgico will not be liable for any other costs, loss of profits, or consequential loss.

7. TITLE

7.1 Ownership and title in the Goods, or any proceeds from on-sale of the Goods, shall not pass to the Customer until the Customer has paid Surgico in full for the Goods and has paid Surgico in full for all other sums due to Surgico by the Customer on any account whatsoever in accordance with these terms of trade.

8. INTELLECTUAL PROPERTY AND USE BY THE CUSTOMER

8.1 All of the trademarks, patents, copyright, designs (including rights of drawings, calculations, models, samples, descriptions, figures, dimension specifications and the like) or other intellectual property rights (whether or not registered) in respect of the Goods (collectively “Intellectual Property”) remain Surgico’s property notwithstanding the sale/supply of the Goods to the Customer. The Customer may not use, reverse engineer, remove, interfere with or alter the Intellectual Property in any way. Intellectual Property owned by Surgico may not be copied, reproduced, distributed, modified, published, uploaded, posted, or transmitted in any way without Surgico’s prior written consent.

8.2 The Customer acknowledges that it is aware that any breach of this clause 8 may result in Surgico suffering damage. The Customer indemnifies Surgico against all losses, damages, expenses and legal costs (including on a solicitor and client basis) that Surgico may reasonably sustain or incur as a result, whether directly or indirectly, of any breach by the Customer of the provisions of this clause 8.

8.3 The Customer may use the Goods only if paid for in full and for the purpose for which they were intended and supplied by Surgico.

9. WARRANTIES

9.1 Manufacturer’s warranties may apply to the Goods.

9.2 Surgico warrants that it is skilled and experienced and possesses the expertise needed to provide the Goods subject to these terms of trade.

9.3 Surgico warrants that all goods are sold free from defects in material and/or workmanship at the time of delivery.

10. LIMITATION OF LIABILITY

10.1 Upon delivery, Surgico assumes no responsibility for any damage caused in relation to the handling or usage of the Goods.

10.2 Surgico assumes no responsibility for any damage to the Goods arising from any misuse, negligence or malpractice by the Customer in connection with the Goods. Misuse is defined as any use of the Goods by the Customer that falls outside of the intended purpose of those Goods.

10.3 The warranties provided in clause 9 replace all other representations or warranties (statutory, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose) and all such representations and warranties (excepting those which may not be lawfully excluded) are specifically excluded. The exclusions and the limitations contained in in these terms of trade do not apply to rights granted to the Customer under the Consumer Guarantees Act 1993, unless the Customer is acquiring the services for the purposes of a business in which case the provisions contained in the Consumer Guarantees Act 1993 shall not apply.

10.4 Under no circumstances will any warranty express or implied relating to the Goods extend to or include nor will Surgico be liable (whether vicariously or otherwise) under the law of tort, contract or otherwise for:

(a) Any loss or damage of any kind whatsoever, arising from the supply of Goods by Surgico to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by Surgico to the Customer; or

(b) Any loss of profits or savings or any indirect, special, incidental or consequential loss or damage, however caused, arising out of or in connection with the performance or non-performance of Surgico and/or these terms of trade.

10.5 Notwithstanding any other provision of terms of trade, if for any reason Surgico becomes liable for loss or damage that would have otherwise been excluded then its total liability to the Customer arising out of any claim for damages for any cause will be limited at Surgico’s election to either the monetary amount of the value of the Goods giving rise to the claim or the actual damage or loss suffered by the Customer whichever is lesser.

11. MISCELLANEOUS

11.1 Failure by Surgico to enforce any of the terms and conditions contained under these terms of trade shall not be deemed to be a waiver of any of the rights or obligations Surgico has under these terms of trade.

11.2 If any provision of these terms of trade shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.