1. Acceptance of Terms and Conditions
1.1 These terms and conditions (‘Terms’) apply to the use of this website (www.caremaxmobilityaus.com.au), including the purchase and hiring of products using this website. By accessing and using this website for these or any other purposes, you agree to be bound by these Terms. If you do not accept and agree to be legally bound by and comply with these Terms, you must refrain from using the website.
1.2 We reserve the right to review and amend these Terms from time to time. Amendments will be effective immediately and Caremax Mobility has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your use of this website will represent an agreement by you to be bound by the Terms as amended.
2. Hire Agreement
Caremax Mobility (“the Company”) agrees to supply/hire equipment to the person(s) / organisation (“the customer”) named in the accompanying Delivery Schedule on the Terms and Conditions set forth in this Agreement.
2.1 The equipment the Company agrees to supply to the customer and the charges pertaining together with the specified period of the hire, is set out in the accompanying Schedule.
2.2 Title to the equipment shall always remain with the Company and the customer understands that the Agreement relates only to the use of the equipment not the purchase.
2.3 The Company, its employees, servants and agents and contractors shall not be responsible for or incur any liability whatsoever in respect of any loss (including loss of profits), damage, injury (whether to persons or property) or death or breach of statutory duty caused by or arising out of or in consequence of the hire of the goods by the customer, or as result of any act, omission or default whether negligent or reckless of the Company, its employees, servants, agents or contractors.
2.4 That except for such conditions and warranties as are required by law no condition, warranty or representation is given by the Company whether in relation to the conditions, quality, safety or suitability of the goods and any express or implied condition is hereby excluded to the maximum extent permitted by law.
2.5 The customer hereby agrees to indemnify and save harmless the Company from all claims, demands, rights, causes of action, loss or costs incurred by the Company, caused by, arising out of or in consequence of the hire of the goods by the customer.
2.6 The customer covenants and agrees with the Company as to the following:
a) To pay to the Company the specified hiring fee without deductions notwithstanding any defect or breakdown of the goods. A Security Deposit (Bond) will be payable for bookings paid by credit card, cash or direct bank deposit. Refund of Bond is typically made within 3 days of return of equipment in clean, undamaged and good workable condition.
b) To maintain the product/s in good order, and at the expiration of the period of hire to deliver the product/s as same condition to the Company. Only transport items without exposure to the elements or potential for damage.
c) Should a hire equipment item require adjustment or repair, the customer shall not use the equipment where damage may occur and must return the item to the companies’ depot for repair or replacement.
d) To indemnify the Company against any damage to or the destruction or the loss of the goods and accessories however caused.
e) Where equipment is deemed by the Company (within 7 working days of receipt of the equipment) not received in good order and repair or in unclean condition and requiring to be cleaned or repaired/replaced all costs attendant to cleaning, repair or replacement will be deducted from any Bond held by the Company or shall be charged to the customers nominated credit card. The customer shall be liable to pay for all costs in excess of any amount recovered by Bond or credit card charge.
f) As the customer, you agree to pay to Caremax Mobility weekly or monthly payments at no less than the agreed rate. The initial payment will be paid prior to pick up or delivery by the customer of the product. Subsequent weekly or monthly payments will be made on or before the same day of the succeeding day, week or months until the product is returned to Caremax Mobility and otherwise on the date of return of the product, whether the payment is demanded or not. Caremax Mobility will be entitled to issue the customer late return fees (as determined by the company) incurred for each day the product is not returned to the company in accordance with the agreed return date.
g) To keep the goods under the customers personal control and not to purport to sell, dispose of or encumber the same.
h) In the event the booking is cancelled less than 7 days before commencement of the hire period, to pay a cancellation fee as determined by the Company.
i) To advise the company a hire termination date. In the event that the customer retains the goods beyond the expiration of the hire period, to pay to the Company by way of liquidated damages an amount equal to the hiring fee for each period of use or part thereof that the goods are so retained.
j) Time shall be of the essence of the customers obligations pursuant to this contract and no waiver by the Company of any breach of this agreement shall be waiver of a continuing or recurring breach.
k) That no insurance is effected by the Company for the benefit of the customer.
l) Any person executing this agreement on behalf of the customer shall be deemed to have authority to bind the customer and the customer shall be estopped by denying such authority.
m) Any notice or correspondence relating to this Agreement must be made in writing and emailed to firstname.lastname@example.org.
n) This Agreement contains all the Terms and Conditions agreed between the customer and the Company, and any amendments thereto must be evidenced in writing.
3. Sales and Orders
3.1 By placing an order on this website you agree to and accept the terms and price specified in this website. This price will include additional delivery unless specified, which is calculated during the check-out process. This offer may be accepted or rejected by Caremax Mobility for any reason, including, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your purchase contract with Caremax Mobility will only come into existence when you have fully paid for your order and Caremax Mobility provides confirmation that your order has been accepted and can be fulfilled. Confirmation will be sent via email to your notified email address.
3.2 We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If such is the case, we may reject your order or we may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised or illegal activity. We take these measures to protect our customers as well as ourselves from fraud and other unauthorised or illegal activity.
3.3 All orders are subject to the availability of products. We may reject or cancel any order due to unavailability of any product. If for any reason a product is not available, we will endeavour to notify you of the non-availability on this website or via email or phone call. We may revise the range of products or the specification of any product at any time (except where we have confirmed our acceptance of your order) without notice to you.
3.4 Where any product is listed on this website with an incorrect price or with incorrect information, we reserve the right to reject or cancel your order (regardless of whether you have made payment for that order). You acknowledge and agree that we have no obligation to sell any product either online or in-store where that product is listed with an incorrect price or with incorrect information. Where you have already made payment for an order that is subsequently rejected or cancelled by us, we will refund the full amount paid by you in relation to that order.
3.5 You agree that the products sold to you by Caremax Mobility are for your own use and are not to be on sold by you to any entity in the nature of a wholesale, distribution, or retail supply.
3.6 Images of our products on the website are intended to show examples of our products. Final look of the product may vary slightly from those shown on the website and sample products.
3.7 We reserve the right to change the permitted methods of payment, including the credit cards or services we are able to accept, at any time.
4. Accounts and Passwords
4.1 You are able to set up an account login (with a username and password) to verify your identity when you use this website. You must ensure that your account details are complete and accurate when submitted to us and that the information that you have given is true and correct. You must keep your account details up-to-date. You agree to not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
4.2 Your username and password are personal to you and you must at all times keep your username and password secure and confidential and not disclose them to any third party.
4.3 You agree that you are solely responsible for any use of the website by any person using your username and password (including any purchases made via the website). You agree to release and indemnify us in relation to any and all claims, loss, or liability arising out of the unauthorised use of your username or password (including any failure to keep your username or password secure and confidential).
4.4 You agree to notify us immediately by email to email@example.com of any unauthorised use of your account or password, or of any other breach of security.
4.5 We are not responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section or for any delay in shutting down your account or password after you have reported a breach of security to us.
5. Liability and Maintenance
5.1 To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchant-ability, or fitness for a particular purpose.
5.2 To the maximum extent permitted by law, the seller’s liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller is limited to the price paid by the buyer for that product.
5.3 To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.
5.4 In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such guarantees.
5.5 At the termination of the appropriate period (guarantee period) and to the extent permissible at law, all liability on the seller’s part ceases.
5.6 The guarantee does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
5.7 The seller’s liability under this contract and the guarantee in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
6. Ownership and Risk
6.1 Ownership of all goods sold by the seller (“the goods”) is retained by the seller until the seller has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
Until full payment is made the buyer agrees to:
6.2.a enable the goods to be readily identifiable as the property of the seller.
6.2.b maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
6.2.c on a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
7. DESCRIPTION OF PRODUCTS
7.1 Modifications and improvements to the seller’s products, prices and data are constantly being made.
7.2 Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.
7.3 The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.
7.4 If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.
7.5 The buyer understands that items ordered online may require assembly.
8. FORCE MAJEURE
The seller 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 the seller’s reasonable control.
The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase from the seller.
If any provision of these Terms 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.
11. DISPUTES AND GOVERNING LAW
These Terms (and any contracts to which these Terms apply) shall be governed by the laws of the state of New South Wales, Australia and the courts in that state shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms (and any contracts to which these Terms apply).