Terms & Conditions Of Sale
Lightly Medical Pty Ltd (ABN 64 078 723 154) will supply medical goods and services (“Goods”) in accordance with the following terms and conditions (“Terms”).
1. Definitions
1.1 “Order” means an order to purchase Goods placed by a Purchaser, whether in writing, verbally, or through the Website.
1.2 “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.3 “Healthcare Professional” has the meaning given in the Medical Technology Industry Code of Practice.
1.4 “Purchase Order” means the written order document submitted by the Purchaser to Lightly Medical.
1.5 “Grantor” means the party granting a security interest in the Goods under these Terms, ordinarily the Purchaser.
1.6 “Consumer” has the meaning given in section 4B of the Competition and Consumer Act 2010 (Cth).
1.7 “Goods” means the medical devices, consumables and related services supplied by Lightly Medical from time to time.
1.8 “Website” means the online platform(s) operated by Lightly Medical to provide product information and, where enabled, online ordering.
1.9 “Purchaser” means the Healthcare Professional or organisation acquiring Goods from Lightly Medical.
1.10 “Warranty Period” means the warranty period applicable to the relevant Goods, aligned with the manufacturer’s stated warranty period unless otherwise specified by Lightly Medical.
1.11 “Business Day” means a day on which banks are open for general business in Victoria, excluding Saturdays, Sundays and public holidays.
Nothing in these Terms is to be read as excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law — including under the Competition and Consumer Act 2010 (Cth) — that cannot lawfully be excluded, restricted or modified.
2. General
2.1 All Goods and services supplied by Lightly Medical are supplied on these Terms. These Terms may only be varied or waived in writing signed by Lightly Medical and prevail over any inconsistent terms proposed by a Purchaser in an Order.
2.2 A Purchaser accessing the Website, including to purchase Goods, is responsible for complying with all applicable laws and regulations in their jurisdiction.
2.3 No right, title, interest or licence in Lightly Medical’s intellectual property is granted to a Purchaser except as expressly agreed in writing.
2.4 Nothing in these Terms creates a joint venture, partnership, agency or employment relationship between Lightly Medical and the Purchaser.
3. Quotations
3.1 A quotation issued by Lightly Medical may be accepted within the period stated in the quotation, or, if no period is stated, within thirty (30) days of its date, unless earlier withdrawn.
3.2 A quotation is an invitation to treat only and is not an offer capable of acceptance by the Purchaser. Lightly Medical may decline any resulting Order within seven (7) Business Days of receiving it.
3.3 A binding contract is formed only when Lightly Medical accepts the Purchaser’s Order, whether by written confirmation, invoice, or dispatch of the Goods.
4. Prices
4.1 Unless otherwise agreed in writing, all prices quoted or displayed on the Website exclude GST, insurance and freight, which are payable by the Purchaser in addition to the listed price.
4.2 Goods are charged at: (a) the price stated in a current, unexpired quotation; (b) if no quotation applies, the price current at the date of dispatch; or (c) the price shown on the Website at the time of order, as applicable.
4.3 Prices displayed on the Website may change without notice.
5. Delivery
5.1 Lightly Medical delivers to addresses within Australia only. Goods are taken to be delivered once they reach the Purchaser’s nominated premises. Lightly Medical may arrange freight to an address specified by the Purchaser, with freight costs added to the invoice.
5.2 Risk in the Goods passes to the Purchaser on delivery and the Purchaser is responsible for insuring the Goods from that point.
5.3 To the extent permitted by law, Lightly Medical is not liable for loss (including consequential loss) arising from delay in delivery or procurement of Goods.
5.4 Any dispute about delivery must be notified to Lightly Medical in writing within seven (7) Business Days of the delivery date.
6. Retention of Title
6.1 Title in the Goods remains with Lightly Medical until all amounts owing to Lightly Medical (on any account) have been paid in full. Until title passes, the Purchaser must keep the Goods free of any charge, lien or other encumbrance.
6.2 Until title passes, the Purchaser must: (a) hold the Goods as bailee for Lightly Medical; (b) store the Goods separately from other stock and clearly identify them as Lightly Medical’s property; (c) on request, allow Lightly Medical’s representatives to enter the Purchaser’s premises to recover the Goods, consistently with the enforcement provisions of Chapter 4 of the Personal Property Securities Act 2009 (Cth); and (d) hold on trust for Lightly Medical and keep separately identifiable, any proceeds from an onward sale of the Goods, accounting for those proceeds promptly on request.
7. Payment
7.1 Orders by Quotation
(a) Where an Order proceeds from an accepted quotation, payment is due within thirty (30) days of the invoice date, unless the invoice states otherwise.
(b) Lightly Medical may require payment in advance, or evidence of the Purchaser’s capacity to pay, before accepting an Order. Overdue amounts beyond thirty (30) days may attract interest at 12.5% per annum, calculated daily.
8. Warranties
8.1 Goods supplied by Lightly Medical come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a replacement or refund for a major failure, and compensation for other reasonably foreseeable loss or damage; and to repair or replacement for a failure that does not amount to a major failure.
8.2 During the Warranty Period, Lightly Medical will, at its election, repair or replace defective Goods (or parts) with new or equivalent remanufactured items, at no cost for parts or labour. This is Lightly Medical’s sole warranty in respect of the Goods, in addition to (not in substitution for) rights available at law.
8.3 All implied warranties are limited to the Warranty Period to the extent permitted by law. No person other than Lightly Medical is authorised to extend or vary the warranties described here on Lightly Medical’s behalf.
8.4 Remedying a defect during the Warranty Period fully discharges Lightly Medical’s liability for that defect. Lightly Medical is not responsible for damage caused by repairs attempted by anyone other than Lightly Medical or an authorised service provider.
8.5 This warranty does not extend to: (a) cosmetic damage or defacement of the Goods; (b) Goods that have been misused, handled abnormally, or modified other than by Lightly Medical or an authorised party; (c) defects caused by unauthorised repair, opening, modification or connection, by accident, or by matters beyond Lightly Medical’s reasonable control; or (d) death or injury not caused by Lightly Medical’s proven negligence.
9. Returns and Exchanges
9.1 The Purchaser must inspect the Goods as soon as reasonably practicable following delivery.
9.2 Any damage, defect or incorrect supply must be notified to Lightly Medical in writing within seven (7) Business Days of delivery.
10. Exclusion and Limitation of Liability
10.1 To the maximum extent permitted by law, Lightly Medical’s liability for breach of a warranty or guarantee (whether given by Lightly Medical or implied by the Competition and Consumer Act 2010 (Cth)) is limited, for Goods, to one of the following at Lightly Medical’s election: (a) replacement of the Goods or supply of equivalent goods; (b) repair of the Goods; (c) payment of the cost of replacing the Goods or acquiring equivalent goods; or (d) payment of the cost of repair.
10.2 For services, Lightly Medical’s liability is limited, at its election, to re-supply of the services or payment of the cost of having them re-supplied.
10.3 Except as set out in this clause 12, Lightly Medical excludes liability for incidental, consequential or economic loss, or property damage, except to the extent such liability cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits any right or remedy that cannot lawfully be limited.
11. Force Majeure
11.1 Lightly Medical is not liable for any failure or delay in performing its obligations where that failure or delay arises from circumstances beyond its reasonable control, including acts of God, fire, accident, pandemic, energy supply interruption, strike, riot, civil unrest, or war (a “Force Majeure Event”).
11.2 Lightly Medical will take reasonable steps to mitigate the impact of a Force Majeure Event but may cancel or defer affected Orders at its discretion and will endeavour to keep the Purchaser reasonably informed of the event and any mitigating steps being taken.
12. Cancellation of Orders
An Order may not be cancelled or deferred by the Purchaser without Lightly Medical’s prior written agreement.
13. Restocking
Returns of Goods that are not defective or incorrectly supplied are accepted only at Lightly Medical’s discretion.
14. Intended Use and Professional Responsibility
14.1 Product information made available by Lightly Medical is directed to Healthcare Professionals holding current, valid certification, who must apply their own clinical judgment when deciding whether to acquire or use any Goods in patient care.
14.2 Healthcare Professionals must be appropriately trained in the use of the Goods and must consult the relevant packaging, labelling and Instructions for Use before using the Goods.
15. Privacy
15.1 Lightly Medical’s handling of personal information in connection with these Terms is set out in its Privacy Policy, available on request or via the Website.
15.2 Where a Purchaser registers for an account or otherwise transacts with Lightly Medical, they will be asked to provide information such as name, address, email address and phone number, which is used to process Orders accurately and, where the Purchaser seeks to trade on account, to conduct a credit assessment.
15.3 The Purchaser is responsible for complying with applicable privacy laws in its own dealings, including obtaining any patient consent required to disclose personal information to Lightly Medical.
15.4 Lightly Medical will only collect and use personal information that is reasonably necessary for, or directly related to, its functions and activities as a supplier of medical devices.
15.5 Lightly Medical’s web server may automatically log non-identifying technical data (such as browser type and pages visited) when the Website is accessed.
15.6 Lightly Medical will not share a Purchaser’s personal information with third parties without the Purchaser’s consent, except as described in its Privacy Policy or as required by law.
16. Changes to These Terms
Lightly Medical may update these Terms at any time by publishing a revised version on the Website. The date at the top of these Terms indicates when they were last revised. Placing an Order after a revised version has been published constitutes acceptance of the updated Terms.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia. Any dispute or proceeding arising out of or in connection with these Terms must be brought exclusively in the courts of Victoria and courts competent to hear appeals from those courts, and the parties submit to the exclusive jurisdiction of those courts.
18. Applicable Legislation
18.1 These Terms operate subject to Australian law, including the Therapeutic Goods Act 1989 (Cth), the Personal Property Securities Act 2009 (Cth), the Competition and Consumer Act 2010 (Cth) and the Privacy Act 1988 (Cth) (“Relevant Acts”), as amended. Capitalised terms not defined in these Terms take the meaning given in the Relevant Acts, or otherwise their ordinary meaning.
18.2 Both Lightly Medical and the Purchaser must comply with applicable law and reasonably cooperate with any lawful investigation or audit relevant to these Terms, including under the Modern Slavery Act 2018 (Cth) and the Privacy Act 1988 (Cth).
19. Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision is to be severed and the remaining provisions continue in full force and effect.
20. Contact Us
Questions about these Terms can be directed to info@lightlymedical.com.au