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1. WARRANTY SUMMARY
(a) Except for the Consumer Guarantees and any express warranties made in writing by CHS, CHS disclaims and excludes all other warranties and representations in relation to the Goods
(b) CHS Warrants products for a period of 12 months for product defects other than normal wear and tear/against fault and workmanship excepting batteries which are 90 days
(c) Warranties are valid unless otherwise specified, and includes replacement labour for the period of the warranty of the part
(d) Warranty is determined at the discretion of the supplier/manufacturer. If a repair is deemed not to be a warranty repair, charges will apply for parts and labour for the repair
(e) It is the responsibility of the customer to freight the goods back to CHS for repairs
EXCLUSIONS
(f) CHS Healthcare will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the product does not exist or results from:
(i) Failure to follow CHS HEALTHCARE'S installation, operation, or maintenance instructions
(ii) Unauthorized product modification or alteration
(iii) Abuse, misuse, negligent acts or omissions of Customer and persons under Customer's control; or
(iv) Acts of third parties, acts of God, accident, fire, lighting, power surges or outages, or other hazards
2. SERVICE INTERVALS
(a) Preventative maintenance inspections are conducted every six months, and equipment service work is conducted on an annual basis in an effort to avoid major breakdowns and costly repairs. The Service Provider provides no guarantee to the customer against equipment breakdowns of any sort including faults, failures or any other associated problem, known or unknown, incident, manufacturer defect, part fault or flaw, and does not warrant any liability to the customer against injury, damage, equipment failure or any matter or incident arising from such items
3. PARTS
(a) Parts for the equipment provided under this contract will be provided at a discounted rate of 20% off RRP during the term of this contract. Parts are ultimately provided at the discretion of the supplier or manufacturer. CHS endeavours to be able to provide parts at all times but is not held responsible in the instance of being unable to provide the necessary parVs. Parts prices are subject to change at any time without notice
4. LABOUR
(a) Labour is charged at the standard rate and if any repairs are required over and above the standard care plan detailed items, labour will be charged accordingly. The minimum labour charge is 1 hour. Labour is charged at 30 minute increments thereafter, or part thereof
5. EQUIPMENT PROVISION/LOCATION/ACCESS
(a) It is the responsibility of the client to provide access to equipment, or to have equipment accessible for service, by authorised service personnel upon scheduled attendance to the client facility for the purpose of fulfilling this service agreement. Should the customer not provide sufficient access to equipment or locations required for proper and uninterrupted service work, the Service Provider reserves the right to bill the customer for additional onsite or return service site and labour
6. EXTENDED WARRANTY
(a) Extended warranty is available for purchase at the time of the purchase of the equipment. Please ask your CHS consultant for a quotation
7. ELECTRICAL EQUIPMENT TEST & TAG
(a) Electrical Equipment Test & Tag is a requirement of AS/NZS 3760-2010 and outlines the minimum requirement in service safety inspection and testing of portable equipment. All electrical tagging is conducted as per AS/NZS 3760-2010 including a printed non-metallic, non-reusable tag applied to the cord consisting of the following information; the standard tested to, the date tested and the re-test date. Recording of items and a printed report is also provided. The standard specifically states that for equipment supplied by a cord set (separate lead) must be treated as two items and therefore must be tested and tagged separately. Item tagging frequency is determined by the standard
8. WEIGHT TESTING
(a) According to AS/NZS ISO 1 0535:2011, periodic inspection of a hoist should be undertaken at the time intervals stated by the manufacturer but at least once a year. A periodic inspection also requires a working load test of one (1) lifting cycle with maximum load
(b) CHS reserves the right to downgrade the safe working load (SWL) of equipment provided in this contract should it not meet the standards for weight testing. A clearly identifiable sticker will be placed on the applicable item in full view of staff with the new SWL recorded. The new SWL will also be recorded in writing on the CHS Service Report, which will also be signed & dated by an authorized Manager/DON, CEO at the facility. Should the equipment fail whilst undergoing weight testing, CHS is not responsible for any damage to the equipment or building. Replacement/repair and any other associated costs are the responsibility of the client
9. PRICE, PAYMENT AND GST
(a) Quoted prices are indicative only and are subject to change and stock availability. Delivery, handling and storage costs may be applicable to the supply of Goods and included in an invoiced purchase price
(b) The Customer must pay to CHS the amount set out in the Invoice for the Goods/Services (Purchase Price) within 30 days of the end of the month in which the Invoice was issued by CHS (Due Date) after the provision of maintenance or callout services as per the agreed schedule set out in this Care Plan Services Agreement and by a method specified in the Invoice or as otherwise agreed by CHS
(c) If the Customer does not pay the Purchase Price in full on or by the Due Date then, in addition to the Purchase Price, the Customer must pay interest, to be calculated on a daily basis at a rate of 10% per annum, from the Due Date until the date that the Customer pays the Purchase Price in full
(d) If GST applies to a taxable supply made under this Agreement the party to which the taxable supply is made must pay GST on that taxable supply, in addition to any consideration (excluding GSl) that is payable for that taxable supply, at the same time and by the same method it is required to pay the consideration for the taxable supply
(e) Important: Please quote care plan number as your payment reference. (eg. CP1234)
(f) EFT /Direct Deposit:
Account Name: CHS Healthcare Pty Ltd
Bank: CBA BSB: 063-142 Account No: 1051 0510
Credit Card - We accept MasterCard or VISA (1 .5% Surcharge)
Please email remittance advice to: accounts@chshealthcare.com.au
(g) CHS will conduct a review of fees on renewal of the agreement
10. RISK, TITLE AND DELIVERY
(a) The Goods are at the Customer's risk from the time the Goods leave CHS' premises, or the premises of CHS' supplier if the goods are supplied direct from that supplier to the Customer, for delivery to the Customer.
(b) Title to the Goods remains with CHS until the Customer has paid the Purchase Price in full and until the Purchase Price is paid in full:
(i) the Customer is bailee of the Goods and CHS or its agents may enter any premises of the Customer or any location where the Goods are located and repossess the Goods and/or inspect any documents relating to the Goods;
(ii)the Customer must store the Goods separately from property belonging to the Customer or any other party;
(iii) if the Customer sells, uses or disposes of the Goods while they remain the property of CHS, the Customer holds the proceeds of any sale, use or disposal on trust for CHS up to the amount it owes CHS in respect of those Goods and
must immediately pay that amount to CHS.
(c) Customer must nominate single delivery location. Delivery may be delayed, suspended or cancelled if CHS is not reasonably able to effect delivery due to circumstances beyond its control.
(d) If delivery is delayed, suspended or cancelled, CHS is not liable for any loss, liability, expense, cost or damage in any form caused by the delay and the Customer is not relieved of its payment obligations unless CHS expressly waives the right to payment.
11. PPSA
(a) All capitalised terms in the clause have the meanings given to them in the Personal Properties Securities Act 2009 (Cth) (PPSA).
(b) The Customer acknowledges and agrees that these terms evidence a Security Agreement and that a Security interest exists in the Goods (whether supplied previously or in the future).
(c) The Customer acknowledges and agrees that these terms evidence a Security Agreement and that a Security interest exists in the Goods (whether supplied previously or in the future).
(d) The Customer acknowledges and agrees that CHS may apply to register a Purchase Money Security Interest in the Goods at any time before or after delivery of the Goods. The Customer waives its right under s 157 of the PPSA to receive notice of any verification of the registration.
(e) If the Customer defaults under these terms or any other agreement for CHS to supply Goods to the Customer, CHS may enforce its Security Interest. To the maximum extent permitted by law, the Purchaser and CHS agree that the following provisions of the PPSA do not apply to the enforcement by CHS of its security interest in the Goods: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143.
(f) The parties agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7}{b)-(e) of the PPSA.
(g) The Customer must promptly do anything required by CHS to ensure that CHS's Security Interest is a perfected Security Interest and has priority over all other Security Interests against the Customer.
(h) The Customer will not enter into any security agreement that permits any other person to have or to register any Security Interest in respect of the Goods or any proceeds from the sale of the Goods until CHS has perfected its Security Interest including registration as a Purchase Money Security Interest.
12. LIABILITY
To the maximum extent permitted by law CHS:
(a) will be not be liable to the Customer for any indirect or consequential loss or damage or any loss of profits or business revenue arising out of or in consequence of any fault or defect in the Goods;
(b) limits its liability to the Customer under any applicable Consumer Guarantees as applicable and at AGLs discretion to, (i) if services (such as maintenance or installation) are supplied by CHS Personnel, the supply of the relevant Services again or the payment of the cost of having those Services supplied again, Oil where Goods are supplied (1) replacement of the Goods or the supply of equivalent goods, or (2) the repair of the Goods or the cost of replacing or acquiring equivalent goods or (3) payment of the cost of having the Goods repaired;
(c) limits its liability to the Customer under these terms and/or arising out of or related to any Goods, for breach of agreement, negligence, breach of statutory duty or any other cause of action other than a breach of a Consumer Guarantee (regardless of how that liability is caused), to the total monetary amount paid for the relevant Goods (as appropriate); and
(d) excludes aJI liability for costs, expenses, loss or damage of any kind whether directly or indirectly arising in connection with: (i) use by any person (other than by CHS Personnel) of the Goods contrary to any CHS directions for use; or (ii) the installation, modification, storage, or maintenance of the Goods by any person (except CHS Personnel).
13. DEFAULT
If:
(a) the Customer commits a breach of its obligations to CHS under these terms and does not remedy the default or breach within 7 days of being notified of the breach or default by CHS;
(b) judgment, order or encumbrance is enforced, or becomes enforceable upon any of the Customer's property;
(c) any bankruptcy proceedings are instituted against the Customer (if applicable) or the Customer becomes subject to any external administration under the Corporations Law 2001 (Cth); or
then CHS may, without prejudice to any rights or remedies which it might have, CHS may demand immediate payment of the price of all Goods then unpaid, together with any other costs and expenses. A document signed by CHS as to the amount owing by the Customer is conclusive evidence of that amount, except in the case of manifest error.
14. GENERAL
(a) These terms may be amended or varied by CHS from time to time by CHS providing Customer with amended terms.
(b) These terms are governed by the laws of Victoria.
(c) The Customer agrees and authorises CHS to set off against any sums which may be due to CHS under these terms against any other sums which may be owed by any of CHS to the Customer.
15. DEFINITIONS
AGL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Law 201 O (Cth). CHS Personnel means any employee or officer of CHS.
Customer means a person or entity that receives Goods from CHS.
Consumer Guarantees means the guarantees set out in Pt 3-2, Div 1 of the
Goods means the goods described on the reverse side of this Invoice and to be supplied by CHS.
GST has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Invoice means any valid tax invoice provided to the Customer by CHS.