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Trading T&Cs

“Invacare” means INVACARE AUSTRALIA PTY LIMITED, ABN 45 074676378

"Customer” means the party placing the Order with Invacare.

"Order"includes a quotation, order, confirmation of order between Invacare and the Customer which refers to the Goods.

“Goods” means any equipment, services, parts, accessories or materials to be supplied by Invacare which are items generally in the nature of Mobility and Home Medical Equipment.

An Order can be made by the Customer in writing or verbally. No Order for Goods by the Customer is binding on Invacare until accepted by Invacare. No Goods are held, allocated to or promised to the Customer until acceptance of the Order by Invacare.  An individual contract for the supply of Goods is formed on acceptance by Invacare of an Order from the Customer and is an acceptance of these terms and conditions of sale by Invacare and the Customer.  These terms and conditions will override any conditions contained in the Customer’s order. Invacare reserves the right to accept any Order in whole or in part. No Order may be cancelled or varied unilaterally by the Customer after acceptance by Invacare.

All Orders are accepted by Invacare subject to satisfactory credit approval of the Customer. Credit approval once granted may be withdrawn by Invacare at any time. Where credit approval has not been granted, or is withdrawn, payment of all Goods supplied to the Customer is required by the Customer before delivery. Where credit has been approved for the Customer, all invoices issued by Invacare are due and payable no later than 30 days after the date of Invacare's statement or such other date for payment as the Customer and Invacare agree in writing.

The Customer agrees to provide financial information as may be reasonably required by Invacare to determine the initial credit limit for the Customer and thereafter updated financial information when requested by Invacare to evaluate or review the credit limit. Invacare agrees that such information must only be used to set and evaluate the Customer’s credit limit and must be treated as confidential. The information must not be disclosed to any third party without the express written permission of the Customer.  

5.1   Invacare reserves the right to change its prices without notice.

5.2   Administrative fees may be charged for sales below certain dollar values as determined by Invacare from time to time.

Invacare may charge for delivery and handling at rates dependent on distance, weight and volume of Goods supplied.

Where applicable, Invacare reserves the right to recover from the Customer all Goods and Services Tax (GST) payable in respect of supply of Goods. Unless specifically included all amounts expressed or described in the contract or in invoices are GST exclusive amounts.

8.1   Acceptance of a delivery of Goods may not be refused by the Customer after an Order has been accepted by Invacare. Where prices are stated as inclusive of delivery, delivery is to the delivery point accepted by Invacare (“the Delivery Point”). Invacare reserves the right to arrange transport by any means in its absolute discretion and may use any third party or agent selected by Invacare at its absolute discretion. The Customer must make all arrangements necessary to accept delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to accept delivery of Goods as arranged, then Invacare shall be entitled to charge a reasonable fee for redelivery plus storage fees from the date the Goods were tendered for delivery until the date delivery is accepted if the delay is more than 24 hours. The failure of Invacare to deliver the Goods by a time specified by the Customer does not entitle the Customer to treat that contract as repudiated.

8.2   Invacare may withhold further delivery of Goods in the event that the Customer has not paid its invoice by the due date. 

9.1   Invacare reserves the right to recover all items until payment is received in full for the Goods and all sums due and owing by the Customer to Invacare on any account has been made. Until the date of payment: 

(a)    The Customer has the right to sell the Goods in the ordinary course of business; and

(b)    Until the Goods have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the Goods as bailee for Invacare.

9.2   The Customer is deemed to be in default immediately upon the happening of any of the following events:

(a)    If any payments to Invacare is not made promptly by the due date for payment

(b)    If the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing is or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Invacare is dishonoured.

9.3   In the event of a default by the Customer, then without prejudice to any other rights which Invacare may have at law or under this agreement:

(a)    Invacare or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods

(b)    Invacare may recover and resell the Goods

(c)    If the goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Invacare may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Invacare and the Customer may be ascertained.  Invacare must promptly return to the Customer any Goods that are the property of the Customer and Invacare is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

9.4   Invacare may issue a charge for all payments due by the Customer and Invacare may lodge a caveat noting its interests.

9.5   Invacare may register its interest in the Goods or property on any register that may be provided for at law.

9.6   In the event that the Customer sells the Goods or uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold the proceeds of sale of the Goods or such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Invacare. With respect to the proceeds of sale of such manufacturing or construction process such part will be an amount equal in dollar terms to the amount owing by the Customer to Invacare at the time of the receipt of such proceeds.  The Customer will pay Invacare such funds held in trust upon the demand of Invacare.

Risk in each Order passes to the Customer upon delivery of that Order by Invacare to the Delivery Point  or collection of that Order by the Customer’s agent or any courier as the case may be, whichever occurs earlier.  Title in the Goods passes to the Customer upon loading of Goods for despatch at Invacare’s premises.

All Goods that have been specially ordered for a Customer either locally or from overseas, or which do not form part of Invacare’s current range, may not be returned except where the Customer or the end user is entitled do so pursuant to the Competition and Consumer Act 2010 (“Cth”).

Unless the Customer is an authorised dealer all Goods purchased from Invacare are prohibited from resale or sale by mail order or through the internet.

A service fee may be applied to any payment made by way of a credit card.

14.1 The Customer will inspect and check all Goods received as soon as practicable and must within 48 hours notify Invacare in writing of any shortage in quantity, defect, incorrect specification, damage or Goods not in accordance with the Customer’s Order. The Customer is responsible for checking that Goods comply with those Ordered prior to use.

14.2 The Customer agrees that it will not return any of the Goods without first requesting or applying to Invacare so that a Return Goods Authorisation (RGA) number may be issued by Invacare for valid returns.

14.3 Invacare recognises the following categories for valid returns:

Category A:       Returns accepted within 15 business days of invoice date:

• Wrong Item delivered

• Faulty or damaged product/packaging

• Incorrect quantity delivered

Category B: Returns accepted within the warranty period:

• Warranty Issues (subject to clauses 18 and 19)

Category C: Returns accepted within 6 months of recall:

• Product recall by Invacare

Category D:       Returns accepted within 15 business days of invoice date:

• Stock item not suitable

• Order cancelled / no longer required (subject to Clause 2)

• Customer ordered incorrectly (subject to clause 2)

Category E: Returns accepted within 15 business days of invoice date:

• Returns for Scripted or Custom Made Goods only if manufactured incorrectly or not according to the Customer’s Order

14.4 Where an RGA has been issued, those Goods to which it relates must be returned within ten (10) business days of issue of the RGA. The returned Goods must be unmarked and in a saleable condition and must include the original packaging.

14.5 No credit or replacement will be given unless and until Goods so returned have been verified as being valid for return or are defective and are returned with a valid purchase order/receipt. Invacare reserves the right to recover its costs where the returned Goods prove not to be valid for return or are not defective.

14.6 A restocking fee of $50 per Order applies to all Category D Goods. All freight and handling charges in relation to returning Goods are to be paid by the Customer.

The Customer is not entitled to set off against or deduct from the price of Goods of any sums owed or claimed to be owed to the Customer by Invacare.

If a Customer in good faith disputes any invoiced charges, the Customer may withhold the disputed amount, but only if on or before payment, or the due date for payment, the undisputed amount is paid in full and notice in writing of the dispute is given to Invacare, setting out the details of the amount disputed, the reasons for the dispute, and the basis for calculating the disputed amount. Invacare will investigate all disputes. If the amount is found to be payable (in whole or in part) then the Customer must pay the amount within 7 days of receiving notice and the basis of the decision. Invoiced charges that are not disputed in good faith within 60 days of the date of an invoice will be deemed to be correct.

17.1 Invacare may charge interest on all amounts not paid by the Customer within the term for payment at a rate of 2% per calendar month accruing each calendar month until the date of payment.

17.2 If the Customer defaults in payment of any invoice when due and payable, the Customer shall indemnify Invacare from and against all costs and disbursements incurred by Invacare in pursuing the debt including legal costs on a solicitor and own client basis and Invacare’s mercantile agency costs.

17.3 If the Customer fails to pay for the Goods in accordance with the terms of payment, Invacare may at its sole discretion:

(a)    cancel any provision of credit to the Customer;

(b)    require cash prepayment for further Goods ordered;

(c)    reverse any rebates and discounts allowed;

(d)    provide a credit reporting agency details of the payment default;

(e)    start proceedings against the Customer and any guarantors for all outstanding amounts;

(f)    cease supplying Goods to the Customer and terminate any contract with the Customer; and

(g)    exercise any other rights at law.

17.4 A certificate of debt duly signed by a representative of Invacare shall be evidence and proof of money owing by the Customer to Invacare at that time.

18.1 Invacare provides a warranty against defects within the warranty period after the Goods have been delivered provided that:

(a)    the defects have arisen solely from faulty materials or workmanship; and

(b)    Invacare is notified of the defect, in writing, within the warranty period; and

(c)    the Customer or owner if the Goods have been transferred provides proof of purchase or the Goods have been registered with Invacare at the time of purchase; and

(d)    the Goods are identified with a label or serial number; and

(e)    the defective Goods are promptly returned to Invacare as required by the Inspection, Claims and Returns clause 14, at no cost to Invacare, and accompanied by a completed Warranty Claim form.

18.2 Excluded from the Warranty are natural wearing parts, wear and tear, damage caused by improper installation, improper loading of weights, misuse, abuse, transportation damage, incorrect or inadequate maintenance, unsuitable location, undue exposure to the elements, unauthorised repairs or alterations carried out by the Customer or third parties, or the use of any spare parts or accessories not manufactured or approved by Invacare.

18.3 Where a replacement is provided, it may not include replacement of the complete product. Items that are beyond economical repair may be given a credit provided that the item has a valid warrantable defect and a replacement is not readily available. Invacare reserves the right to credit the customer in-lieu of replacement; in which case the purchase price of the item will be credited.

19.1 The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

19.2 In accordance with section 64A of the Australian Consumer Law, the liability of Invacare in respect of a breach of a guarantee or any warranty made under these Terms and Conditions for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at the option of Invacare to:

(a)    replacing the Goods or the supply of equivalent Goods;

(b)    the repair of the Goods;

(c)    the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or

(d)    the payment of the cost of having the Goods repaired.

19.3 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded.

19.4 The Customer indemnifies Invacare and its officers, employees, contractors and agents against any costs, expenses, losses, damages and liability suffered or incurred arising from the Customer’s breach of this contract and any negligent or unlawful act or omission of the Customer in connection with the Goods.

20.1 Where the Customer becomes aware of an incident where a person has suffered death or serious injury or illness that was caused by, or may have been caused by, the Goods (“Incident”), the Customer must immediately notify Invacare in writing of such Incident.

20.2 Where the Customer becomes aware of an Incident, the Customer must also provide sufficient information to Invacare to allow Invacare to meets its statutory reporting requirements, including but not limited to:

(a)    Details as to when the Goods were purchased and the quantity of Goods purchased;

(b)    The nature of the injury or illness and the circumstances in which it occurred;

(c)    Any other information that Invacare reasonably believes is required to allow it to investigate the Incident and to meet its statutory reporting obligations.

20.3 Nothing in this clause will be taken to be admission by Invacare of any liability in relation to the Goods or the Incident.

The Customer may not assign or subcontract any contract for the purchase of Goods or its obligations under this contract.

Invacare will have no liability to the Customer in relation to any loss, damage or expense caused by Invacare’s failure to complete an order or delivery or contract as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lock out, war or the inability of Invacare’s suppliers to supply necessary materials or any other matter beyond Invacare’s control.

Invacare may give information about the Customer, its directors or proprietors to a credit reporting agency for the following purposes:

23.1 to obtain a consumer credit report about the Customer, its directors or proprietors; and/or

23.2 allow the credit reporting agency to create or maintain a credit information file containing information about the Customer, its directors or proprietors; and/or

23.3 to obtain commercial credit information about the Customer, its directors or proprietors from a credit reporting agency for the purpose of assessing the Customer’s application for credit.

The failure by Invacare to exercise, or delay in exercising, any right, power or privilege available to it under this contract will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any right or power.

This contract is governed by and will be construed in accordance with the laws of the state of NSW and the parties agree to submit to the exclusive jurisdiction of the Courts of the State of NSW.

This document, together with any Order and invoice, represents the entire contract between the parties and may not be amended except in writing signed by each of the parties.

27.1 Invacare may serve any notice or Court document on the Customer by forwarding it by ordinary pre-paid post to the last known address of the Customer or alternatively to the address supplied by the Customer.

27.2 If any term of this contract is invalid, void, illegal or unenforceable, the remaining provisions are not affected, prejudiced or impaired.

27.3 Invacare may assign or licence or subcontract all or any parts of its rights and obligations without the Customer’s agreement or consent.

27.4 Invacare reserves the right to review these terms and conditions at any time.  If following any such review there is to be a change in the terms and conditions, that change will take effect from the date on which Invacare notifies the Customer of that change.