Obex Medical Limited (Online Product Purchase – Terms and Conditions)
Obex Medical Limited online purchase terms and conditions
Obex Medical Ltd (Obex) owns and operates this site and is located at 109 Carlton Gore Road, Newmarket, Auckland, Phone 0800 656 239
These Terms and Conditions shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).
Acceptance of Terms
When you access this site, you acknowledge that you have read and agree to the terms described below. If you do not agree with the terms discussed here, you should exit the site and refrain from placing any order. Obex has the right to refuse the sale of any product where we deem appropriate.
You agree that you are buying for your own personal use and not for resale or export.
Disclaimer of Warranty
The content contained in this website is provided on an ‘as is’ basis with no warranty of any kind by Obex. All content provided in this website is only general health information and is not intended for diagnosis purposes, and should not be used as a substitute for seeking professional medical advice.
You acknowledge, by your use of this website, that you assume full responsibility for all risks associated with this use.
Description of Products
Modifications and improvements to Obex’s products, prices and data are constantly being made. Although Obex has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, Obex does not provide any representations or warranties as to its accuracy, completeness or currency of information, and Obex shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
Obex also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on Obex.
If the goods do not match the description on Obex’s website, the buyer should inform Obex immediately so that Obex may take the appropriate action.
Limit of Liability
Obex is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use of, or inability to use, the material on this site.
Changes to the Website
We reserve the right to make any changes to our website including the terms and conditions that govern the use of our website at any time. We encourage you to view the terms and conditions regularly for any changes.
Any contract arising from this site is governed by the laws of New Zealand and, as such, you agree that any legal action or proceeding between you and Obex shall be brought exclusively in a New Zealand Court
Consumer Guarantees Act 1993
In the event the transaction which is the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then: If the buyer is acquiring products from Obex for the purposes of a business, then the guarantees and remedies provided under the Act shall not apply to the supply of those products. In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act.
Orders, price and payment
Products may be ordered by following the instructions on the catalogue pages of this site. All prices quoted include Goods and Services Tax (GST) and are in New Zealand Dollars. Prices are subject to change at Obex’s discretion.
The Obex website, the information on it and any information in emails constitute an invitation to treat and not an offer to supply products. When the buyer orders products from Obex, this constitutes an offer from the buyer to buy those products in accordance with these Terms and Conditions. Obex acceptance of the buyer’s order occurs (and the contract is formed) when the goods are dispatched to the buyer.
No order shall be deemed accepted by Obex until Obex has sent the buyer’s order. Obex reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If Obex rejects the buyer’s order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and Obex shall have no further liability to the buyer in relation to the rejected part of that order.
Availability and Cancellation
All orders are subject to the availability of products. If for any reason a product is not available, Obex will endeavour to notify the non-availability on this website. Obex may revise the range of products or the specification of any product at any time and without notice to the buyer. While Obex does not accept liability for any loss arising, every effort will be made to keep the information up to date and accurate.
Cancellation of orders
Where products are listed on Obex’s website with an incorrect price or with incorrect information, Obex reserves the right to cancel the buyer’s order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by Obex, Obex will refund the amount paid by the buyer in relation to that order.
Obex may cancel the buyer’s order at any time prior to the order confirmation. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by Obex. Where Obex accepts cancellation Obex may levy a handling charge of up to 15% of the price.
Obex will deliver goods only in New Zealand. No order will be accepted for delivery outside New Zealand.
Once Obex has confirmed acceptance of the buyer’s order, Obex will endeavour to dispatch the buyer’s order within 3 business days unless a different time frame is specified in relation to a particular product. If Obex is unable to dispatch the buyer’s order within the time frame specified Obex will endeavour to contact the buyer and advise the buyer of the expected dispatch date.
Obex reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments up until the instalment is confirmed.
Any quotations of delivery times by Obex are made in good faith but are estimates and Obex shall not be bound by such quotation and Obex will not be liable for any loss, expense, or other damage caused by any delay in delivery.
The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). Obex will not be responsible for any order that is delivered in accordance with the buyer’s delivery instructions.
Orders valued at over $1,500 will be shipped FIS (Free Into Store). When urgent delivery is requested and for routine orders of less than $1,500, freight will be charged.
Shortages, Damages or Loss in Transit
We use reputable transport firms for delivery of your goods. Liability for any damage/shortages is determined under the Carriage of Goods Act 1979 (and subsequent amendments).
It is the buyer’s responsibility to:
- ensure that the complete consignment (as per carriers note) is received;
- endorse the delivery note should there be any shortage, or visible damage to the goods/packaging;
- advise Obex as soon as practical (but no later than 7 days) of any shortage/damage;
- allow Obex a reasonable opportunity to investigate the claim.
Claims will not be considered after 7 days of receipt of goods.
Obex shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside Obex’s reasonable control.
Once the buyer’s order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.
Return of Goods for Credit or Refund
Goods supplied in accordance with the buyer’s order can only be returned with the express prior approval of Obex.
- A Returned Goods Authorisation (RGA) number must be requested from Obex prior to returning any goods. Requests must specify reason for return.
- Goods received by the customer that are deemed to have a manufacturing defect will receive a full credit.
- Any Goods considered for return must be unused, undamaged and still in original unopened packaging. A 15% restocking fee applies unless prior agreement to reduce or waive this.
- The Buyer is liable for all costs associated with returns. There will be no returns on custom made or special orders unless for manufacturing defect.
Robots, Spiders & Scrapers
The buyer may not use a robot, scraper or other unauthorised automated means to access the website or information featured on it for any purpose.
If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
Disputes and Governing Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
These Terms and Conditions (and any contracts to which these Terms and Conditions apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions (and any contracts to which these Terms and Conditions apply).