Purchasing mobility aids and equipment from Mobility Sales & Rentals Southside Pty Ltd, may only be permitted upon agreement to the following Terms & Conditions of Sale:
Terms and Conditions of Sale
With these Sales Terms and Conditions (“Conditions of Sale”), “we” or “us” means Mobility Rentals & Sales Southside Pty Ltd and “you” means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online, over the telephone or from our showroom. By ordering items on the Mobility Rentals & Sales website you grant us the right to add your contact details to our database. We may contact you about offers and new products and you can opt to have your contact details removed from our database by unsubscribing via a link at the bottom or an email.
1.1 You may place an order with us over the telephone or by completing and submitting to us an online order on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products.
1.2 Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.
1.3 We will provide an “order reference number” via a confirmation email or over the phone once your payment has passed our internal validation procedures. Once your payment has been validated, we will process your order and provide an order reference number for reference and tracking purposes.
1.4 Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us within 24hours of placing your order and you will receive a refund subject to these Conditions of Sale.
2.1 We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Service Team is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice.
2.2 If, for any reason, we cannot supply a product you have ordered, we will advise you over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you have paid monies for your order and do not wish us to place your order on “backorder” we will refund your purchase. If you choose to put your order on “backorder”, we will hold your payment and contact you to arrange for delivery immediately the product is available.
3. Price and Payment
3.1 The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST (where applicable). We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
3.2 We accept payment by VISA & MasterCard credit / debit cards or Paypal. Payment by other means is upon agreement with us and according to terms we may prescribe for any other agreed payment option.
3.3 Whilst we employ the latest technology and use Paypal’s secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
3.4 Should you wish to redeem a coupon for payment or partial payment of your ordered products, you must enter the coupon details during the checkout process or inform our sales or Customer Service Team when placing your phone order. Products purchased with a coupon cannot be returned in exchange for cash.
3.5 Should you wish to redeem a promotional/discount/coupon code, you will be prompted to enter the code upon checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the “Apply” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team.
3.6 Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and will be required for any warranty claims.
4.1 We offer delivery for most of our products and a delivery fee will apply. We deliver Internationally and Australia wide, including the Sydney, Melbourne, Perth, Brisbane and Gold Coast metropolitan areas. If you are have any questions regarding delivery, please contact our Customer Service Team to discuss delivery options.
4.2 Once your order has been processed we will provide you with tracking information to enable you to track the delivery of your item. We cannot be specific of the delivery date or time as each transport company employed to provide delivery services utilise timetables that are subject to change due to road, rail and weather conditions. Therefore we will only be able to provide an estimate and delivery tracking so that you can monitor the items delivery.
4.3 If you need to change a delivery address, please contact our Customer Service Team within 24 hours of placing your order or additional costs may apply for delivery redirection. If you are not available and present at your desired address upon delivery, you will be charged additional delivery fees for each additional attempt for delivery.
4.4 Delivery/shipping costs are non refundable and returned items must be shipped at the customers expense.
4.5 We may deliver the products via a range of delivery methods. All deliveries must be signed for, depending upon which delivery method we use:
(a) delivery by our contracted courier company – if neither you nor your authorised representative is at the delivery address to take delivery, the courier company or the manufacturer will leave a card with contact details so that you can arrange for re-delivery.
(b) delivery by Australian Post – if neither you nor your authorised representative is at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and your order will be taken to the Australian Post Office suitable to store the product until you are able to go and pick it up. In these circumstances our obligation to deliver the product to you is satisfied when the “Article Awaiting” card is left at the delivery address.
5. Disability and Mobility Aids & Equipment Assembly
5.1 Many items we sell, upon delivery will require minor assembly. This is indicated to you at the time of placing your order and we advise that you contact our Customer Service Team to discuss the extent of assembly to determine your ability to effect equipment item assembly.
5.2 We do not provide an international or nation wide assembly service. We advise that if you have any doubts in your abilities or that of your helper to effect equipment assembly upon receipt of your ordered item, that you should not proceed with placing an online or over the telephone order or consider engaging the services of a local service provider for at home equipment assembly.
5.3 Organisations exist for the purpose of providing in home equipment assembly of items purchased online. We may refer you to service providers we may be aware of, but only on the understanding that we do not recommend, endorse or by any way accept responsibility for the services they may perform on your behalf. Nor do we accept responsibility for any breakage or damages that may occur in using their services.
6. Title and Risk
6.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
6.2 You acknowledge and agree that clause 8.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
6.3 You agree to pay any costs we incur to recover any outstanding payments from you, this includes costs for telephone, post and engagement and use of professional debt recovery services.
7. Warranties and Limitation of Liabilities
7.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or a refund for a manufacturers defect on all parts within 4 months from the date of purchase. further to this we warranty the equipment frame against manufacturers defects for up to 12 months from the date of purchase.
7.2 Components that can wear at varying rates depending upon user actions are not considered warrantable after 4 months from the date of purchase. These parts include and are not limited to, wheels, tyres, brakes, cables, seats, fabric covering, handles, struts, arm rests, footrests. We recommend that prior to an item purchase, contact our Customer Service Team should you have any questions regarding product warranty.
7.3 Should you wish to make a warranty claim you must contact our Customer Service Team in the first instance. Once we have determined that there is a claim you may return the item to the address nominated to you by our Customer Service Team. We will email instructions for an items return following determining a valid warranty claim. Costs for an items return to the agreed return address must be bourne by the purchaser
7.4 Subject to this, clause 9 and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
(c) our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
7.5 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
7.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
8. Computer hardware and software – special conditions
8.1 All software provided with our products or sold separately to you is subject to the terms and conditions of the licence agreement relating to that software. You acknowledge your obligation to comply with the terms of such licence agreements.
8.2 All rights, title or interest in respect of the intellectual property rights in the software remain with us or the licensor of the software.
9. Returns and Refunds
9.1 In addition to your rights under clause 9, we will accept return of products and issue refunds, subject only to the following terms and conditions:
(a) If, within 40 days from the date of purchase of your disability and mobility aids and equipment from Mobility Rentals & Sales you wish to reverse your purchase, simply contact our Customer Service Team 1300 460 070. They will do their best to help you to find a solution and if you wish to return the item, they will send you a Returns Form and provide you with a return address to send it back. If we receive the item with its original packaging, undamaged in saleable as “new” condition we’ll give you back your money.
(b) if the item has been unboxed and providing when we receive the item back for inspection it arrives with its original packaging, unused and undamaged in saleable as “new” condition, we will refund the purchase. All costs for insured & uninsured returns (we recommend you insure all returns) including post and freight must be paid by you. Mobility Rentals & Sales reserves the right to charge a restocking fee to the maximum value of the item should the item be found to be damaged either through handling prior to return or having sustained damage during return shipping or arrive with damaged or missing original packing/packaging materials.
9.2 If the returned item appears to have been used, the item is considered non-returnable due to the item not being able to be restocked for sale as a new item. We will advise you of this at the time of contacting us to put forward a returns claim. If we receive an item that has been used, we will advise you that we cannot accept the item back as new and therefore not restock the item. We will ask that you arrange for its collection and will retain the item for up to 14 days upon which time if the item has not been collected we will determine the refundable value of the item if any (up to the maximum value of the item).
9.3 You must adequately package any product you are returning to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must also be returned with the item.
9.4 If you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product, except for cash payment, which will be refunded by direct deposit.
10. Force Majeure
10.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
11.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
11.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
11.3 We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
11.4 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
11.5 Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
11.6 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
11.8 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
11.9 These Conditions of Sale are governed by the laws of Queensland, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
If you wish to contact us for any reason, please do so by calling our Customer Service Team 1300 460 070