Goods Ex Warehouse
Unless otherwise agreed in writing by Sunrise and Buyer, all Products will be sold “Ex works”, Sunrise’s works, factory, warehouse, or distribution centre. However, Sunrise shall be responsible for loading of the Products on departure to Buyer’s carrier. Delivery of Products to Buyer's carrier shall constitute delivery to Buyer; thereafter, all risk of loss or damage shall be Buyer’s responsibility, with claims submitted to Buyer’s carrier.
Buyer may order Products and parts by facsimile, online through email or other written communication except as provided below (each, a “Purchase Order”), identifying the Products or parts by number, quantity, purchase price, address for delivery, requested date of shipment and any special shipping instructions. All Purchase Orders are subject to acceptance by Sunrise in its sole discretion. Any terms or conditions in any Purchase Order or Rental agreement, which are inconsistent with, or are in addition to these Terms, shall be null and void. Sunrise shall use reasonable efforts to timely fill orders accepted by Sunrise subject to availability, demand, inventory and other factors. On any Purchase Order accepted by Sunrise, but not yet shipped, Sunrise shall use its reasonable efforts to accommodate Buyer’s request for cancellations or alterations; provided that Sunrise may impose a reasonable material, labour, storage or cancellation charges.
Sunrise will endeavour to combine multiple orders for a single shipment where possible. However, Sunrise reserves the right to make delivery in instalments, which will be separately invoiced, and Buyer shall make payment for instalment per invoice terms without regard to subsequent deliveries. Delay in delivery of any instalments shall not relieve Buyer of its obligations to accept remaining deliveries. Orders with multiple product lines will be despatched as a ship complete instruction unless a request is received otherwise at time of order placement. Freight will be charged on each despatch connote as each part is delivered.
Products and Pricing
Sunrise reserves the right to change, without prior notice, the design, construction, and type of materials used in the manufacture of any of its Products. Sunrise further reserves the right to discontinue, without prior notice, any of its Products and/or replacement parts thereof. Sunrise may further change the prices of its Products at any time and without prior notice unless otherwise agreed in writing by Sunrise to expressly provide prior notice to Buyer. Sunrise will make reasonable effort to provide 3 months advance notice when possible. Billing and payment shall be in Australian Dollars, unless otherwise agreed in writing by the parties.
Buyer must pay for all Products in accordance with the payment terms set forth on Sunrise’s invoice unless otherwise agreed in writing by Sunrise. (Payment terms are 30 Days for account holders only). Any payment not made when due may accrue interest at the rate of 1.5% per month (18% A.P.R.) until paid in full. No invoice is to be adjusted or short paid without confirmation from a Sunrise Medical accounts staff member. Invoices should be paid in full (unless otherwise arranged). In the event Buyer fails to make a payment when due, the Buyer shall pay all reasonable costs of collection, including reasonable attorneys’ fees. If a payment is not made in accordance with the applicable payment terms, Sunrise may suspend all further deliveries, or require full or partial payment in cash, in advance, on new orders, otherwise known as “Credit Hold”.
Title Of Good
Title to the products shall not pass to the “Purchaser” until the full invoice price has been received by SUNRISE MEDICAL PTY LTD.
The “Purchaser” shall hold the products solely as bailee, returnable on demand, pending passing of title as per current PPSR legislation.
Inspection and Claims
Claims for shortages, errors in delivery or defects apparent on visual inspection must be made in writing to Sunrise within ten (10) days after receipt of shipment. Buyer’s failure to give timely notice of the same shall constitute unqualified acceptance of such shipment.
A written warranty statement is supplied with each Product (“Written Warranty Statement”). A copy of the Written Warranty Statement is also available from Sunrise upon request. If the condition of the Product is such as it might or would (subject to these Terms) entitle Buyer to claim warranty, to reject or reverse the Purchase Order, or to reject the Product, Buyer shall first make written request to Sunrise to fulfil any applicable warranty obligations. To the extent a valid warranty obligation exists, as determined by Sunrise, Sunrise shall then be entitled to take corrective actions within a reasonable time in the manner it deems appropriate, including, but not limited to repair or replacement of the Product or refund the price paid for the Product. If Sunrise takes corrective action, then Sunrise shall not be liable for any loss or damage of any nature whatsoever arising from and after the initial delivery of the Product, or the performance of its warranty obligations. Buyer shall not extend to any end-user warranty terms which are different than Sunrise’s standard warranty terms. Warranty condition details herein are in addition to your statutory rights that are applicable in your state of purchase. For End User / Consumer only - For goods provided by Sunrise Medical Pty Ltd in Australia, our goods come with a guarantee by Sunrise that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure & for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality & the failure does not amount to a major failure. The benefits to you given by this warranty are in addition to your other rights & remedies under a law in relation to the goods to which the warranty relates.
Returns and Requests for Credits
Products may be returned to Sunrise only with prior verbal or written permission from an authorised representative of Sunrise. Goods being returned to Sunrise Medical will need to be accompanied with a copy of the original invoice for a credit to be raised, along with a RMA number, which is obtainable through Customer Service. Goods will only be credited after they have been inspected & are in an “as new sellable condition”, are in original packaging (undamaged) plus all owner & product manuals are with the goods. Non-stock or custom made / modified items specifically ordered in are not returnable. Only in exceptional circumstances & with prior approval from Sunrise, will configured & custom made goods such as Quickie manual / power, ART Group (excluding Whitmyer), custom made Jay cushions & backrests, as well as specially ordered in Quickie Parts will be accepted back & will incur a re-stocking fee of 40% of the invoiced amount for these items. Standard or stock items such as Breezy manual chairs, Breezy Everyday, Scooters & Standard power chairs & non modified Jay cushions or backs, as well as standard Quickie Parts, will incur 20% a restocking fee unless agreed to otherwise in advance in writing. Freight charges for these items will not be credited for returned goods, & the goods must be returned at the dealer’s expense. Goods will only be accepted for credit if returned within 28 days of the original invoice being raised. If you have any questions about this please contact your area Sales Representative.
Buyer agrees to indemnify, defend and hold Sunrise and its parent, subsidiary, or affiliated companies (“Affiliates”), shareholders, directors, officers, employees, agents and assignees harmless from and against any expenses incurred by or claims made against Sunrise arising out of any negligent actions of Buyer, including but not limited to the maintenance, repair or alteration of any Product, or the improper assembly or incorporation of the Product into any other device, actual or alleged breach or violation of any contract, law, rule, regulation, or by-law; libel, slander or other form of defamation; breach of any provision of these Terms; and acts, errors or omissions of Buyer or any of its agents, servants, employees, contractors, partners, shareholders, affiliates or representatives. For purposes of this indemnification, the term “expenses or claims” shall mean and include (i) all losses, obligations, expenses, actual and consequential damages, taxes and costs reasonably incurred in preparing for, defending or settling any demand, investigation, suit, action, claim, inquiry or proceeding, whether or not a formal inquiry, proceeding or investigation had been commenced; and (ii) reasonable accountants’, legal and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses and travel and living expenses. Buyer shall give Sunrise immediate written notice of any demand, investigation, inquiry, action, suit, proceeding or claim. Sunrise at its sole option shall have the right to defend at Buyer’s expense any such liability or claims in which either Sunrise, Buyer or both are named as defendants, or reasonably are expected to be named, and Sunrise shall not be obligated to mitigate losses. Sunrise’s conduct of the defence shall not diminish Buyer’s obligation to indemnify Sunrise hereunder. This indemnity shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms.