Trading Terms & Conditions
The following document is a summary of the Matrix Surgical Pty Ltd (Matrix Surgical) “Trading Terms and Conditions” and applies to customers ordering directly from Matrix Surgical. Placement of an order with Matrix Surgical by you (“the customer”) shall be deemed as acceptance of Matrix Surgical may vary these terms at any time by giving you written notice.
1.1. Matrix Surgical’s business hours are 8.30am– 5.00pm Monday to Friday (EST)
1.2. Customer Service (Order/Enquiry)
Ph: 181300 616 366
Fax: 03 9561 6344
2.1. All prices are exclusive of GST.
2.2. Matrix Surgical will supply all customers with a Tax Invoice showing the GST component.
2.3. If GST is payable by Matrix Surgical on any sale, the buyer will pay to Matrix Surgical an amount equal to the total invoice price including the GST component.
2.4 The prices and specification of Matrix Surgical products are subject to change without notice.
3. DELIVERY CONDITIONS
3.1. It is the intention of Matrix Surgical to despatch stock line items ordered before 2.00pm EST (Monday to Friday) on the same day. Stock line orders placed after these cut-off times will be despatched the following day. Matrix Surgical is not liable for any failure to supply the goods at the delivery time quoted on any grounds (including negligence by Matrix Surgical or its agents). Matrix Surgical may decline to accept an order, or cancel an order at its discretion.
3.2. Orders accepted for delivery are subject to the customer’s account being current and within its credit limit.
3.3. Matrix Surgical will supply all standard deliveries into store by a carrier of Matrix Surgical’s choice. Urgent orders requiring goods and services outside specified turnaround times may incur additional costs. Urgent orders should be communicated by telephone to Matrix Surgical Customer Service. Matrix Surgical is not liable to the customer for any failure to comply with these terms if the failure (directly or indirectly) arises out of any circumstances which are not within Matrix Surgical’s reasonable control.
3.4. The risk of damage and/or the loss of any goods passes to the customer upon delivery of the goods.
3.5. The Customer is not authorised to resell, resupply or distribute, or to authorise or permit any other person to resell, resupply or distribute, any goods supplied by Matrix Surgical unless the Customer has first entered into a distribution arrangement with Matrix Surgical, in which case the customer’s dealings with the goods will be governed by the terms of that arrangement and these trading terms. The customer must indemnify Matrix Surgical’s directors, employees and agents against all loss, damage and liability (including legal costs and expenses) incurred by Matrix Surgical, its directors, employees and agents arising out of or relating to any such unauthorised resale, resupply or distribution.
3.6. The customer acknowledges that ownership of the goods delivered by Matrix Surgical to the customer will not pass to the customer until such time as the goods supplied by Matrix Surgical have been paid in full. Notwithstanding anything in this clause, risk in the goods will pass to the customer at the date of delivery.
4. RETURN OF GOODS
4.1. No return of product will be accepted without prior authorisation. A separate “Return Authority” (RA) number must be issued by a Matrix Surgical Customer Service Representative prior to the return of goods.
4.2. Any goods returned with an RA will incur a restocking fee of 10% of the original price charged, unless as a result of a Matrix Surgical error.
4.3. Claims for short shipments, damaged goods, or over shipment of goods must be made within three (3) working days from receipt of goods. If the customer has not made an application within this time the customer will be deemed to have accepted the shipment and cannot make any further claims. If there is an over shipment, the customer must immediately inform Matrix Surgical within 48 hours.
4.4. If a product is believed to be faulty, the goods should be isolated and the Matrix Surgical Customer Service Department advised of the alleged fault. A sample from the batch concerned will be evaluated by the Quality Assurance Dept., and if found to be faulty, an RA number will be provided.
4.5. Non Stock items ordered at customer request will not be accepted for return. Should any order be cancelled after the items have been manufactured then all charges including shipping, freight and insurance will be billed to the customer.
4.6. Goods will not be accepted for return when:
a) The return is not due to a Matrix Surgical error.
b) The return delivery is not accompanied by a Matrix Surgical RA number.
c) The goods are returned in packaging that is damaged, written upon or is otherwise marked and in an un-saleable condition.
d) The goods are returned in opened packages / cartons.
e) The request for return is not received within 14 days of the invoice date
f) The goods are returned more than 14 days after the RA number has been issued.
5. GOODS WITH EXPIRY DATES
5.1. Any concern as to the expiry period remaining on goods received must be conveyed to Matrix Surgical within fourteen (14) days from receipt of goods.
5.2. Under no circumstances will Matrix Surgical accept the return of stock which has expired, or has less than 12months shelf life unless prior agreement has been arranged.
6. INVOICE DISCREPANCIES
6.1. The customer must notify Matrix Surgical Customer Service, or Accounts Receivable, within fourteen (14) days following receipt of any invoice regarding any amounts under dispute or requiring clarification.
7.1. Accounts Receivable can be contacted on phone 1300 616 366 or fax 03 9561 6344
7.2. Matrix Surgical terms of trade are seven (7) days net after end of month of invoice unless otherwise specified in writing by Matrix Surgical’s General Manager or Operations Manager.
7.3. Matrix Surgical must provide a valid tax invoice in respect of any GST included in any payment to be made under or in connection with the terms.
7.4. Matrix Surgical may require immediate payment of all unpaid monies (whether or not actually due and payable) if Matrix Surgical considers (in its discretion) that the customer’s credit worthiness has become unsatisfactory, or if the customer cannot pay its debts as they fall due, or if the customer becomes subject to any other bankruptcy or insolvency event.
7.5. “GST” has the same meaning in these terms as in the “GST Law”, as defined in the A New Tax System (Goods and Services Tax) Act 1999.
7.6. Matrix Surgical reserves the right to charge interest at the prevailing rates on any overdue amounts. The customer acknowledges and agrees that interest will accrue on any accounts not paid by the due date at the rate charged by Matrix Surgical’s bankers on overdraft accounts exceeding $100,000 plus a margin of 2%. Interest will accrue on a daily basis from the due date for payment until the date the account is paid in full.
7.7. Matrix Surgical’s invoice / statement of account will be communicated to the customer at the address specified in the application form, or such address as is notified to Matrix Surgical in writing by the customer from time to time, and shall be deemed to be received by the customer at the expiry of three (3) days after the time of posting by pre-paid ordinary post.
7.8. Matrix Surgical may cease selling goods to the customer at any time, without prior notice to the customer.
8.1. To the extent permitted by law, Matrix Surgical.
8.1.1 expressly excludes all implied warranties, conditions, liabilities or representations in relation to the goods or their quality, state, condition or fitness for any particular purpose or the correctness of the information advice or other services concerning the goods, whether statutory or otherwise and whether imposed at law or equity;
8.1.2 limits its liability for any breach of any condition or warranty that cannot be excluded at law, at the option of Matrix Surgical:
i) in the case of goods:
a) repairing or replacing those goods; or
b) paying the cost of having those goods repaired or replaced
c) will not be liable for any indirect, consequential, special or exemplary damages, loss of revenue, economic loss, loss of anticipated profits or loss of data or information arising in connection with these terms;
d) will not be liable for any damages arising from claims of third parties for injury, death or property damage suffered as a result of the use of the goods, or failure of Matrix Surgical to warn, or to adequately warn, against the dangers of the goods or failure of Matrix Surgical to instruct, or to adequately instruct, about the safe and proper use of the goods.
8.2. Notwithstanding anything in these terms, the maximum liability of Matrix Surgical in connection with these terms for any and all claims, whether under a warranty, indemnity claim or otherwise, will not exceed the price of the goods delivered.
9.1. Matrix Surgical warrants that each product it manufactures is free from defects in materials or workmanship. Product distributed by, but not manufactured by Matrix Surgical is warranted by its manufacturer. Except to the extent required by law, there are no other expressed or implied warranties, including any warranty of merchantability or fitness for a particular purpose. Matrix Surgical’s sole obligation and the Purchasers exclusive remedy for breach of any warranty shall be, at Matrix Surgical’s option, to repair or replace the product. Matrix Surgical shall not be liable for incidental or consequential damages.
9.2. All Matrix Surgical consumable products are supplied for single use only and must not be reused, to do so will excuse the manufacturer from any warranty or liability.
9.3. Please contact Matrix Surgical if you have any particular questions in relation to manufacturer’s warranty.
10.1. The contents of all or any of the product catalogues may not be reproduced without the written permission of Matrix Surgical.
11. GOVERNING LAW
11.1. These terms are governed by the law in force in Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals from those courts.
12. CREDIT REPORTING
12.1. The customer hereby authorises Matrix Surgical to obtain from a credit reporting agency a credit report containing personal information about the customer in relation to commercial credit provided by Matrix Surgical in accordance with s18K(1)(b) of the Privacy Act, 1988 (Cmwlth) (the “Act”) and to obtain a report containing information from a person or business which provides information about the commercial credit worthiness of a person in relation to credit provided by Matrix Surgical, in accordance with s18L(4) of the Act.
12.2. The customer further authorises Matrix Surgical in terms of s18N(1)(b) of the Act to disclose information of a report received by it pursuant to this clause and to exchange information with other credit providers for the purpose of notifying other credit providers of a default by the customer; assessing an application for credit by the customer; and assessing the creditworthiness of the customer.