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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.acmobility.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.acmobility.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

GENERAL TERMS AND CONDITIONS

  1. Quotes and Orders

    a) Quotes are valid for 60 days. Revised quotes will be issued post 60 days which may reflect a price increase due to supplier increases.

    b) AC Mobility reserves the right to accept or decline, in whole or in part, any order placed by the customer. This right is not affected by any previous conduct or previous supplies.

    c) Where the customer provides AC Mobility with specifications of size, measurement, code, or description, if incorrect in any way, AC Mobility are not liable for the error. AC Mobility will, however, do everything in its power to rectify which may result in additional costs.    

    d) It is the responsibility of the customer to check and confirm all details on the quote are true and correct prior to confirming an order.

    e) When an order is confirmed for a cash sale (non-account customer) a 50% deposit is required to proceed. The remaining balance is due and payable prior to collection/delivery.

    f) Account customers are strictly 30 days from invoice date.

 

  1. Order Cancellations, Returns, and Refunds

    a) The Customer may cancel an Order and receive a full refund if:
    1. If the equipment has not been ordered.
    2. The equipment has not been picked, or in transit from the supplier, otherwise a 20% restocking fee applies and will be deducted from the refund amount.

      b) Returns for refund are accepted as long as:
      1) It is within 14 days of purchase.
      2) There is no damage to the item/equipment.
      3) The goods are returned with user manual, accessories, and packaging if applicable.
      4) A 20% restocking may apply on non-stocked items or equipment (special buy in lines or equipment not generally stocked in our warehouse)

      c) We are unable to issue a refund on:
      1) Custom or modified items and equipment
      2) Made to order items and equipment
      3) Non-stocked items
      4) Change of mind or better price elsewhere
      5) Beds and mattresses due to hygiene and safety
      6) Any fabric related products due to hygiene and safety

      d) Some returns are subject to a 20% restocking fee and will be deducted from the refund amount (non-stocked items and equipment)

      e) For all off the shelf items (stocked items and equipment) no re-stocking fee applies.

 

  1. Delivery and Collection

    a) Where the equipment is being delivered, AC Mobility shall make all arrangements necessary for delivery of the equipment in the metropolitan area. Customers will be notified of the delivery date and estimated time the day prior.

    b) Where equipment is left on site as per instruction of the customer AC Mobility will photograph the delivery and will not be liable for loss, damage, or theft.

    c) If we were unable to deliver the goods as previously arranged the customer will be charged an additional delivery fee.

    d) It is the Customer’s responsibility to check the delivery docket and confirm that it is in accordance with the Customer’s requirements before equipment is accepted.

    e) Equipment being collected must be complete and in clean condition. If anything is missing and requires a return collection an additional delivery fee will be incurred.

 

  1. Service and Repairs

    a) Where AC Mobility is required to attend to repair, maintenance or installation, the Customer must:
    1. Provide details required by AC Mobility regarding the Delivery Location prior to delivery or collection of the Equipment.
    2. Ensure the Delivery Location (including access to the Delivery Location) is safe, clear, and ready for repair, maintenance, or installation.
    3. Ensure the equipment is clean and sanitised. It is at the discretion of the Service Technician to refuse works on equipment which are deemed unsanitary.  A call out fee will apply in this instance and the job will need to be re-scheduled at another mutually convenient time.
    4. Bed installations. It is the responsibility of the customer to ensure the room is cleared and ready for the installation of a bed. Power needs to be available for testing the equipment and operating the bed.  No furniture removal is included in the installation of beds. 

 

  1. Warranties

    a) Conditions apply to warranties and vary between suppliers, please refer to your user manual for warranty claims, periods, and exclusions.

    b) Where warranties are valid and not because of damage or neglect, we will require the following information.
    1. A detailed description of the warranty claim in writing
    2. Specific details such as location on equipment of issue (right or left), any identifiable causes, when it happened, how it happened, what happens
    3. Photographs
    4. Video required in some instances to demonstrate equipment in action demonstrating the fault

    c) AC Mobility will from the information provided lodge the warranty claim to the supplier and await an outcome.

    d) AC Mobility will notify the customer of the warranty outcome at the discretion of the supplie

    e) If the warranty claim is accepted AC Mobility will order the required parts for repair and undertake the repair work.

    f) It is not the sole decision of AC Mobility to accept warranty claims.

    g) Replacement of equipment is not issued on warranty claims unless deemed by the supplier as a result of a major fault or defect

 

  1. General

    a) These Terms and Conditions constitute the entire agreement between all parties with respect to the document as at January 2023. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and Conditions and has no further effect.

    b) AC Mobility may collect the Customer’s personal information for the purpose of supplying Equipment and maintaining a record of transactions. Personal information can include sensitive health information as required by AC mobility from time to time. AC Mobility’s Privacy Policy can be found at https://acmobility.com.au/privacy-policy/

    c) If you the customer are not happy with the level of service you receive and would like to provide feedback, lodge a complaint or compliment please click our customer support page

 

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.acmobility.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.acmobility.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.acmobility.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

LINKS TO OTHER WEBSITES

www.acmobility.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.acmobility.com.au and the owners of those websites. www.acmobility.com.au takes no responsibility for any of the content found on the linked websites.

www.acmobility.com.au’s website may contain information or advertisements provided by third parties for which www.acmobility.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.acmobility.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.acmobility.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.acmobility.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At www.acmobility.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.acmobility.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

www.acmobility.com.au may be required, in certain circumstances, to disclose information in good faith and where www.acmobility.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.acmobility.com.au. www.acmobility.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.acmobility.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.acmobility.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.acmobility.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.acmobility.com.au concerning your use and access to www.acmobility.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and www.acmobility.com.au that results in litigation then you must submit to the jurisdiction of the courts of WA.