Terms and Conditions of Sale and Use

DEFINITIONS

In the following Terms and Conditions of Sale, Provident Dental Pty Ltd ABN: 93 610 278 094 trading as Provident Dental Supplies and other associated business under this ABN is referenced as the "Company" or "Supplier" and the "Purchaser" is in reference to the customer or entity purchasing the goods. "Products" is in reference to the item or items being purchased.

Provident Dental Pty Ltd and the Purchaser are subject to these Term and Conditions of Sale and Use and these conditions are to be governed and interpreted according to the laws of New South Wales and the Company and the Purchaser consent and submits to the jurisdiction of the Courts of New South Wales.

GENERAL

These terms and conditions govern all sales of goods by Provident Dental Pty Ltd and are the only contractual terms that bind the Company except as otherwise agreed to in writing by the Company and those, if any, cannot be excluded by law.

QUOTATIONS

Quotations issued by the Company are valid for 30 days. Provident Dental Pty Ltd reserves the right to accept or reject all orders it receives in its absolute discretion. Any quotation made by the Company is not to be construed or operate as an offer or obligation to sell.

PRICES

The prices payable by the Purchaser are the Company's prices ruling at the date the goods are delivered to the Purchaser. The unit price contained in any quotation is based on the quantities of goods referred to in the quotation and indicated in Australian Dollars. If there any variation in the total quantity of goods ordered from that quoted, the Company reserves the right to amend the unit prices quoted. Unless otherwise stated, all prices are inclusive of taxes, imposts and duties, including GST (Goods and Service Tax), and are payable by the Purchaser in addition to the price of the goods. We reserve the right not to accept a price incorrectly listed on a site as from time to time the prices and graphics published on our site may contain technical inaccuracies or errors.

PAYMENT

Unless otherwise agreed to in writing by Provident Dental Pty Ltd or otherwise provided on the Company's invoices or price lists, payment for the goods and all other costs and expenses payable in accordance with these terms and conditions must be made to the Company prior to goods being dispatched. If the Purchaser delays or defaults in respect of any payment, the Company reserves the right, reject all orders it receives in its absolute discretion

INFORMATION AND DRAWING

All descriptive specifications, data, dimensions, weights, illustrations and drawings supplied by Provident Dental Pty Ltd or otherwise contained in catalogues, price lists or other marketing material of the Company are approximate only, and are intended to be by way of general description of the product. Such descriptive specifications do not form part of the contractual description of the goods unless agreed to in writing by Provident Dental Pty Ltd, in which case such they are subject to recognised trade tolerances.

DELIVERY

Where Provident Dental Pty Ltd has agreed to deliver goods to the Purchaser warehouse and those goods are lost or damaged as a result of an act, neglect or default of Provident Dental Pty Ltd, the Company's liability to the Purchaser is limited to either the replacement or repair of any goods lost or damaged. Any claims against the Company for such loss or damage must be made within three (3) days of the date of delivery. The Purchaser indemnifies the Company against all loss and expenses incurred by the Company, including any additional transport and storage charges, as a result of the Purchaser failing to take delivery of goods as agreed with the Company.

ACCEPTANCE & RETURNS.

Upon a delivery signature the goods delivered shall be deemed to have been accepted by the Purchaser

The Purchaser must inspect and check products received within 3 days of the delivery date and notify Provident Dental Pty Ltd in writing, within this 3 day period, of any non-compliance with the order (subject to the usual trade tolerances relating to weight, dimension and processing). If the Purchaser fails to give that notice then, to the extent permitted by statute, the goods shall be deemed to have been accepted by the Purchaser and products correspond with those ordered prior to use. After the expiry of the time stated herein the products will be deemed to be free from any defect or damage at delivery and the Purchaser waives all claims against the invoice;.
Invoiced amounts that are not objected to in Writing within 3 days of the delivery date will be deemed to be correctly charged and accepted by the Purchaser and the Purchaser waives all claims against the invoice.
The Purchaser agrees that they will not return any Products without informing the Company first. Returned Products must be unmarked, in a re - saleable condition and must include the original packaging, accessories and all parts, delivery document and invoice;
The Purchaser accepts that all products that the Company is prohibited from reselling such as medicines, cannot be returned for any reason. Refunds or returns will only be given to the extent there is a non-excludable right to return or refund under the Australian Consumer Law or other applicable legislation;
No replacement products or credit will be given until and unless the products returned have been verified as being defective or valid for return. Provident Dental Pty Ltd reserves the right to recover its costs where the returned products prove not to be valid for return or are not defective. Returned products must be returned to the Company to the address notified by the Company to the Customer at the time of return;
All freight, postage and handling or other charges in relation to returning Products (other than Products not ordered or found to be defective) are the responsibility of the Customer. Where the freight, postage and handling or other charges in relation to a returned product are the responsibility of Provident Dental Pty Ltd the Company may elect to collect the products from the Purchaser or nominate its own transporter.

DISPUTES

Provident Dental Pty Ltd will investigate all disputes. If the amount is found to be payable (in whole or in part) then the Purchaser must pay the due upon receiving notice and the basis of the decision.

Provident Dental Pty Ltd will not be held responsible for any loss or damage resulting from the use of this website. Limitation of liability is extended but not limited to negligence, direct or indirect damages, including but not limited to loss of data, profit or any other loss however caused from the use of this website.

Provident Dental Pty Ltd will not accept liability for failure of service by your internet service provider or any other third party service provider.

Provident Dental Pty Ltd will not be held responsible where your account or computer or any other web enabled device is used without your consent.

TERMINATION.

Provident Dental Pty Ltd may terminate any contract for the supply of goods if:

(a) the Purchaser fails to pay any amount owing to the Company for payment;

(b) the Purchaser becomes insolvent;

(d) the Purchaser is placed in liquidation, whether voluntarily or otherwise.

WARRANTIES.

(a) The only conditions and warranties that are binding on Provident Dental Pty Ltd in respect of the state, quality or condition of the goods supplied by it to the Purchaser are those imposed and required to be binding by statute (including the Trade Practices Act 1974) To the extent permitted by law, the liability of the Company arising from the breach of such conditions or warranties is, at the Company's option, limited to the replacement or repair of the goods supplied to the Purchaser. Otherwise all other conditions and warranties, whether expressed or implied by law in respect of the state, quality or condition of the said goods which may apart from this clause be binding on the Company are expressly excluded.

(b) Except to the extent provided above the Company will not be liable (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the goods, including without limitation any failure, breakdown, defect or deficiency in the goods.

PRIVACY

Where the Purchaser provides personal information about its personnel or referees to Provident Dental Pty Ltd in the course of purchasing products from the Company, the Purchaser undertakes to notify the relevant personnel that:

(a) their details have been provided to the Company;

(b) the purpose of that disclosure is to enable the Company to provide products to the Purchaser;

(d) the Company may disclose that information to its suppliers, agents and other organisations that the Company has arrangements or alliances with in the course of supplying products to the Purchaser or for the purpose of promoting the products or services of those entities to the Purchaser.