TERMS OF USE

 GENRAL TERMS AND CONDITIONS 

• Copyright at YesPodiatry. No part of this publication may be reproduced without a written permission of YesPodiatry.
• YesPodiatry has made every effort to portray accurate descriptions and information within this catalogue.
• No liability is accepted in the event of errors or omissions.
• All rights reserved including the right to substitute a like product at the sole discretion of YesPodiatry.
• Products may vary in detail from the described item. Products may be deleted, amended, substituted or changed at the sole discretion of YesPodiatry.
• The customer and user must establish the suitability of the product purchased for their own safe use and circumstances, or seek advice from a health care professional.
• Trade Marks. Where any registered trade mark has been used it is in with recognition of the owner’s right.
• Any measurements shown are intended as a guide only. Please confirm any critical measurement with YesPodiatry.
• The sale of all products, services, quotations and contracts are subject to our general Terms and Conditions. E & O.E.
• Due to our policy of continuous improvement, we reserve the right to modify and improve our designs and specifications.
• Axis Medical and Rehabilitation ITF Axis Trust trading as YesPodiatry
• All quotations and contracts involving the supply of goods and services by YesPodiatry (YesPodiatry) to another party (the purchaser) are subject to the following terms and conditions only, and all other terms, whether orally expressed or implied, are negated.

• Any quotation given by YesPodiatry is not an obligation to sell. An order placed by the purchaser pursuant to a quotation is not binding on YesPodiatry.
• YesPodiatry shall not be bound by any conditions attached to the Purchasers order, and such conditions shall not be applicable to the contract of sale.
• Products offered are subject to availability
• Subject to availability of stock, and YesPodiatry has no liability for nonperformance, or for any circumstances beyond its control.

2. CANCELLATION OF ORDERS

• Once lodged with YesPodiatry, an order may not be cancelled or delivery delayed without YesPodiatry’s prior agreement in writing and then only on the terms incorporated in such agreement.
• In all cases the Purchaser shall reimburse YesPodiatry for all costs associated with the work undertaken in relation to the order and also pay YesPodiatry an amount equivalent to the profits which YesPodiatry would have achieved had the contract been completed.

• Prices should be treated as estimates only and subject to withdrawal or variation without notice at any time. Prices do not include cartage or insurance unless stated and such will be charged unless an alternative arrangement is agreed upon by YesPodiatry.
• Delivery charges apply to orders and are based on the size of the order and delivery destination.
• Goods will be invoiced at prices current at time of delivery, unless agreed to in writing by YesPodiatry.
• Where goods are imported, any price increase arising from fluctuation in exchange rates shall be to the Purchaser’s account.
• Any GST applicable will be charged. Unless otherwise stated, quoted prices do not include GST.
• Should any other tax, fee, levy, duty or expenditure imposed by any competent authority be payable on any goods or services supplied by YesPodiatry, such shall be charged to the purchaser.

• The risk in the goods shall pass to the Purchaser when goods are loaded for consignment, whether by carrier employed by YesPodiatry or the Purchaser. This includes deliveries where YesPodiatry buys and sells without handling or taking receipt of the goods, deliveries to a third party, and deliveries of incomplete orders.
• YesPodiatry shall not be liable for any loss or damage (including consequential loss or damage) arising from delay or failure to deliver. The Purchaser shall accept and pay for the goods or service notwithstanding late delivery.
• Delivery to a third party at the request of the Purchaser shall constitute delivery to the Purchaser.
• Customers must report missing or incomplete items within 7 days of delivery, providing proof of purchase and supporting evidence. Claims after this period will not be investigated.
• If supplier records and tracking confirm a complete delivery, no liability will be accepted unless the issue is reported within the notification period.

• The property in or legal title to goods shall not pass from YesPodiatry until the Purchaser’s indebtedness to YesPodiatry pursuant to any invoices from YesPodiatry to the purchaser is paid for in full.
• YesPodiatry by its authorised representatives shall have right of entry into the Purchaser’s premises to disassemble & remove any goods, materials or structure which is the property of YesPodiatry. YesPodiatry shall not be liable for any damage caused in such disassembly or removal and the Purchaser warrants that the Purchaser has authority to permit such entry.

6. PAYMENT

• Interest will be charged on overdue accounts at 2% per month.
• Any late payment will give YesPodiatry the right to cancel future deliveries.
• Deposits will be required prior to order processing when deemed desirable by YesPodiatry, variable between 50 and 90%.
• If Seller extends credit to Buyer, payment for all goods will be within a maximum of 30 days from date of invoice or as otherwise stated on invoice.
• The portion of an incomplete order delivered to or in the possession of the Purchaser is due for payment regardless of the unsupplied goods or services ordered.
• If the Buyer is in default, the Buyer agrees to pay the Seller all costs and disbursements including legal costs on a solicitor and own client basis incurred by the Seller in collecting or attempting to recover money outstanding. 

7. FITNESS OF PURPOSE

• The purchaser agrees that it does not rely on the skill, judgement or advice of YesPodiatry in relation to the suitability of any goods or services for a particular purpose.
• All goods sold including wheelchairs, scooters, etc are operated solely at buyer’s risk. The buyer and any parties involved declare and own he has the necessary ability.
• All buyers, including disabled people, must be suitably attended at all times.

8. RETURNS

• Claims for credit or return of goods must be made in writing within seven (7) days of receipt.
• Free returns are only for consumable items not including the below list, does not include large or capital equipment items. The following are COVID Products - Gloves, Masks, Gowns, Hand Sanitizer, Alcohol Wipes, Sneeze Guards, Hand Wash, Face Shield, PPE, Any Single use item and any High Volume COVID 19 products
• Cost of freight for returned goods is at the Purchasers expense.
• Returned goods will not be accepted by YesPodiatry unless in fully resaleable condition.
• Goods returned for credit must show original invoice number. A return authorisation number must be obtained prior to returning goods. No credit will be raised without a return authorisation code. No attempt should be made to return goods without prior authorisation. YesPodiatry is under no obligation to accept the return of goods outside of their Terms and Conditions.
• A minimum 20% restocking fee will apply. Returns received within 8 - 21 days may receive 70% credit. Returns sent after 21 days receive no credit. All subject to YesPodiatry discretion.

9. SALE OF USED EQUIPMENT

• No guarantees whatsoever will apply to used equipment sold.

10. REPAIRS

• Goods shall be returned by the Buyer to the Seller for repair free of all charges and at the Buyer’s risk.

11. CLERICAL ERRORS

• Clerical errors in computation, typing or otherwise of catalogue, quotation, acceptance, offer, invoice, delivery docket, credit note, specification of the Seller is subject to correction.

12. WARRANTY/LIABILITY

• All goods supplied by YesPodiatry are subject to the warranty of the manufacturer only. A manufacturer’s warranty applies to items, providing the item has been used in accordance with the user instructions. Warranties cover parts and materials used in the manufacture of the product. Warranties will not apply to defects resulting from improper use, operator error, use outside of manufacturer’s specifications and the limits of products intended use, Maintenance and cleaning must be maintained to ensure warranties remain valid.
• No liability is accepted for any consequential cost of any description. 
• Any six (6) or twelve (12) month warranty against faulty materials and workmanship, subject to no abuse or misuse, alteration, accident, unfair wear and tear or lack of maintenance, will be the manufacturer’s warranty, only.
• YesPodiatry shall not be liable in contract or otherwise for any loss, injury or damage, arising from any defect in or use of: any goods supplied, services rendered or repairs/modifications effected to the Purchasers property. YesPodiatry’ liability in any case shall be limited to replacement or rectification of goods supplied or a refund, at the absolute discretion of YesPodiatry.
• This warranty is only valid to the original Purchaser and is not assignable.

13. DEFECTS

• The Purchaser shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify YesPodiatry of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Purchaser shall afford YesPodiatry an opportunity to inspect the Goods within a reasonable time following delivery if the Purchaser believes the Goods are defective in any way. If the Purchaser shall fail to comply with these provisions, the Goods shall be presumed to be free from any defect or damage. For defective Goods, which YesPodiatry has agreed in writing that the Purchaser is entitled to reject, YesPodiatry’s liability is limited to either (at
• YesPodiatry’s discretion) replacing the Goods or repairing the Goods except where the Purchaser has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion, to either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods. 

14. CANCELLATION

• YesPodiatry may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Purchaser. On giving such notice YesPodiatry shall repay to the Purchaser any sums paid in respect of the Price. YesPodiatry shall not be liable for any loss or damage whatever arising from such cancellation.
• In the event that the Purchaser cancels delivery of Goods the Purchaser shall be liable for any loss incurred by YesPodiatry (including, but not limited to, any loss of profits) up to the time of cancellation.
• YesPodiatry is only classified as a Preferred Supplier not a Contractual Supplier and is therefore not obliged to supply under any circumstances. YesPodiatry has the total prerogative to not commence
• supply or not continue supply of any product at any time, without any financial or other responsibility or consequential damages. 

15. UNPAID ASTIR’S RIGHTS

• Where the Purchaser has left any item with YesPodiatry for repair, modification, exchange or for YesPodiatry to perform any other Service in relation to the item and YesPodiatry has not received or been tendered the whole of the Price, or the payment has been dishonoured, YesPodiatry shall have: (a) a lien on the item;(b) the right to retain the item for the Price while YesPodiatry is in
• possession of the item; and(c) a right to sell the item.
• The lien of YesPodiatry shall continue despite the commencement of proceedings, or judgment for the Price having been obtained. 

16. EQUIPMENT HIRE

• The Equipment shall at all times remain the property of YesPodiatry and is returnable on demand by YesPodiatry. In the event that the Equipment is not returned to YesPodiatry in the condition in which it was delivered YesPodiatry retains the right to charge the Price of repair or replacement of the Equipment.
• The Purchaser shall: (a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to lien over the Equipment. (b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment. (c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and hall comply with any maintenance schedule as advised by YesPodiatry to the Purchaser. The Purchaser accepts full responsibility for the safekeeping of the Equipment and the Purchaser agrees to insure, or self insure, YesPodiatry’s interest in the Equipment and agrees to indemnify YesPodiatry against physical loss or damage.

17. FORCE MAJEURE

• YesPodiatry shall not be liable for any failure to perform the contracts or supply of any goods or materials; or for any delays or non deliveries due to strikes, fires, explosions, floods, riots, civil unrest, military unrest, lockouts, injunctions, interruptions in manufacturing or transport, accidents, inability to obtain supplies, war, government action, or any other circumstances beyond the companies control.

18. PERSONAL PROPERTY SECURITIES ACT (“PPSA”)

• The prices and delivery dates given in quotations are for the quantity of goods specified therein. Any deviation when ordering may render the quotation subject to revision.
• Defined terms in this clause that are not defined in these Terms and Conditions have the same meaning as given to them in the PPSA.
• The Seller and the Buyer acknowledge that these Terms and Conditions constitute a Security Agreement and give rise to a Purchase Money Security Interest (“PMSI”) in favour of the Seller over the Goods supplied or to be supplied to the Buyer as Grantor pursuant to the Terms and Conditions.
• The Goods supplied or to be supplied under these Terms and Conditions fall within the PPSA classification of “Other Goods” acquired by the Buyer pursuant to these Terms and Conditions.
• The Seller and the Buyer acknowledge that the Seller as Secured Party, is entitled to register its interest in the Goods supplied or to be supplied to the Buyer as Grantor under the Terms and Conditions on the PPSA Register as Collateral.
• To the extent permissible at law, the Buyer: (a)   waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Buyer, as Grantor, to the Seller; (b) agrees to indemnify the Seller on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the; (i) registration or amendment or discharge of any Financing Statement registered by or on behalf of the Seller; and (ii)   enforcement or attempted enforcement of any Security Interest granted to the Seller by the Buyer. (c)   agrees that nothing in sections 130 and 143 of the PPSA will apply to the Terms and Conditions or the Security under the Terms and Conditions; (d) agrees to waive its right to do any of the following under the PPSA: (i)   receive notice of removal of an Accession under section 95; (ii)   receive notice of an intention to seize Collateral under section 123; (iii) object to the purchase of the Collateral by the Secured Party under section 129; (iv)   receive notice of disposal of Collateral under section 130; (v)   receive a Statement of Account if there is no disposal under section 132(4);  (vi)   receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged. (vii) receive notice of retention of Collateral under section 135; (viii) redeem the Collateral under section 142; and (ix)   reinstate the Security Agreement under section 143.

19. GENERAL

• If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected,
• prejudiced or impaired.
• These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
• YesPodiatry shall be under no liability whatever to the Purchaser for any indirect loss and/or expense (including loss of profit) suffered by the Purchaser arising out of a breach by YesPodiatry of these terms and conditions.
• In the event of any breach of this contract by YesPodiatry the remedies of the Purchaser shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
• The Purchaser shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Purchaser by YesPodiatry.
• YesPodiatry may license or sub-contract all or any part of its rights and obligations without the Purchaser’s consent.
• Any Customer Loyalty Program is not a right, but entirely at the discretion of YesPodiatry.
• The Purchaser agrees that YesPodiatry may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which YesPodiatry notifies the Purchaser of such change.
• Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
• The failure by YesPodiatry to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect YesPodiatry’s right to subsequently enforce that provision.
• Axis Medical and Rehabilitation ITF Axis Trust trading as YesPodiatry