Terms & Conditions 

 

 1. THE AGREEMENT

• An order (“Order”) for the Goods from the Buyer shall be deemed to be an offer by the Buyer to purchase the Goods. Sleep Breathe Care Mobility (SBCM) acceptance of the Buyer's offer will occur when the Buyer receives written acknowledgement from SBCM, or upon delivery, whichever occurs first;

• By offering to purchase or purchasing the Goods the Buyer agrees to be bound by the Agreement, which constitutes the entire agreement between the parties. All other terms or conditions including those in the Buyer's offer or any other document from the Buyer are excluded, unless otherwise agreed in writing by SBCM at the time of acceptance;

• Any variation to the Agreement must be made in writing and signed by or on behalf of an authorised representative of the parties;

 

2. PRICE & TAXES

• Unless otherwise stated, the Purchase Price does include sales tax, goods and services tax or any other tax, duty or impost levied over the Goods in Australia or elsewhere;

• All such taxes, duties & imposts are included in the price at the designated rate;

• Unless stated otherwise, all prices, quotes or other amounts are in Australian Dollars (AUD$);

• SBCM reserves the right to make any changes necessary to the Price to cover any cost variation, including (but not limited to):

  1. any act or omission on the Buyer’s part or the part of the Buyer’s agents; and / or,

  2. to correct any typographical or clerical errors which may be present in the prices, deliveries or specifications in any quote or offers

  3. Any adverse change in monetary exchange rates;

  4. Any increases in our costs beyond our control which will result in the Price being increased by the same amount.

  5. Incorrect promotion code exclusions on products or offers. 

  6. Errors in marketing prices across different platforms online. 

 

 3. DEPOSITS

• In some instances we may require a deposit from you before processing your order. We will advise you when this is the case;

• Where we waive the requirement for a deposit you remain liable for payment of that deposit should you cancel the order;

• Additional cancellation fees may also apply where an order is placed but subsequently cancelled;

 

 4. CANCELLATION FEES

• In placing an order with us you accept liability for any cancellation fees that might be applicable for any order cancellations;

• Cancelled orders may incur cancellation fees;

• The actual cancellation fee applied will be at our sole discretion and will depend upon the circumstance and include considerations such as:

  1. Costs incurred by SBCM;

  2. The degree of customisation required in relation to your order;

  3. Other factors relevant in the circumstances;

 

5. CUSTOMISED ORDERS

• Where you raise a customised order with us and we accept that order and you subsequently cancel the customised order you agree that you will be liable for the full cost of the customised order;

• Appeals and requests for review of customised order cancellation fee liability will be considered on a case by case basis;

 

6. DELIVERY 

• We may not be able to deliver to PO boxes, where possible please provide a full physical address for your order. 

  • Instances where PO Boxes are used, we will need to contact you and change the address to a physical location.

  • Postage / Courier Pick Ups will only occur Monday - Friday or business days which exclude public holidays. 

  • All packages sent under $500 will be automatically selected Authority To Leave to your address entered in the checkout. It is the buyers responsibility to monitor tracking information provided and liaise with couriers for delivery status. SBCM is not liable for any missing parcels noted with Authority To Leave. 

  • Remote locations such as some QLD, NSW or VIC locations will have either excess charges associated with the order, or shipped standard if the shipping costs are not too high. SBCM reserves the right to cancel any order with excess shipping costs. 

  • Buyers may request no Authority To Leave when ordering, but this is up to the discretion of SBCM and is not always granted. Any packages that are requested to not be Authority to leave are subject to surcharges if delivery is unsuccessful. These may include re-delivery fees, cancellation fees, return fees, return shipment fees, admin fees etc. It is the buyer's responsibility to ensure they monitor tracking and liaise with the courier to make sure you are home on the day of delivery. All tracking information will be emailed to you on dispatch.

    • Any missed deliveries for units or locations inaccessible to the courier are subject to surcharges if delivery is unsuccessful. These may include re-delivery fees, cancellation fees, return fees, return shipment fees, admin fees etc. It is the buyer's responsibility to ensure they monitor tracking and liaise with the courier to make sure you are home on the day of delivery. Tracking information will be emailed to you on dispatch. Any cancellations will be subject to our cancellation policy and charges will apply. 

  • If a parcel is unsuccessful in delivery, and the parcel returns to the sender's depot, charges will apply before re-dispatching the item. Any request to cancel and refund may be denied and is up to the discretion of SBCM. Fees will occur if parcels are returned to our depot for unsuccessful deliveries, unless at fault of SBCM. 

  • Whilst we will endeavour to deliver your order in a timely fashion we make no guarantee in relation to such;

  • Time will not be of the essence under this Agreement. Unless agreed otherwise, dates and times given for delivery of Goods are given in good faith, are estimates only and are not to be treated as a term of this Agreement. The Buyer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of SBCM;

  • Where delivery of your order will be delayed we will do our best to advise you in relation to the delay; However, we are at the sole discretion of the courier and they are ultimately responsible for the delivery of your package. Please contact the courier directly for delivery estimates or delay enquiries. 

  • In placing your order with us you acknowledge that we do not accept any liability in relation to delivery delays relating to your order;

  • The Buyer shall inspect all Goods immediately after delivery and shall within 7 days of the delivery date and in any case prior to on-selling or otherwise using the Goods, give notice to SBCM of any matter or thing by reason of which the Buyer alleges the Goods or any part of the Goods are not in order;

  • Any claims to be made against SBCM for short delivery of Goods must be lodged with SBCM in writing within 7 days of the Delivery date;

  • To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or expressed in any warranty statement provided by SBCM are excluded and SBCM is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Buyer for any Consequential Loss;

  • Any changes to a delivery date effected or requested by the Buyer may incur storage and additional delivery costs which will be determined by SBCM at its sole discretion and which will be payable by the Buyer in accordance with these Terms;

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MEDICAL & ESSENTIAL MACHINES & DEVICES:

Specialty machines such as oxygen concentrators, patient monitors, mobility scooters & mobility aids, suction machines etc. may require 1 business day for QC and testing before dispatch. Unfortunately, we cannot cancel or modify orders for these products after they are finalised. 

For some medical machines, these are unable to be sent by air express, meaning they will need to go by road express, this will delay the delivery by 2-4 business days as road express is not as fast as air express. For more accurate 

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 7. EASE OF ACCESS FOR DELIVERIES

• You warrant that access for delivery will be unencumbered, safe and suitable;

• Where delivery access is not unencumbered, safe and suitable:

  1. additional delivery fees may be applied;

  2. the Buyer acknowledges that SBCM may not be in a position to perform its obligations under this Agreement and that, consequently SBCM is relieved from its obligations under this Agreement to the extent that it is prevented from performing such obligations;

 

 8. RETENTION OF TITLE

• Ownership, title and property in the Goods and in any proceeds of sale of those Goods remains with SBCM  until payment in full for the Goods and all sums due and owing by the Buyer to SBCM on any account has been made. Until the date of payment:

  1. the Buyer has the right to sell the Goods in the ordinary course of business;

  2. the Goods are always at the risk of the Buyer;

• The Buyer is deemed to be in default immediately upon the happening of any of the following events:

  1. if any payment to SBCM is not made promptly before the due date for payment;

  2. if the Buyer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Buyer payable v is dishonoured;

• In the event of a default by the Buyer, then, without prejudice to any other rights which SBCM may have at law or under this Agreement:

  1. SBCM or its agents may without notice to the Buyer enter the Buyer’s premises or any premises under the control of the Buyer for the purposes of recovering the Goods;

  2. SBCM may recover and resell the Goods;

  3. If the Goods cannot be distinguished from similar Goods which the Buyer has or claims to have paid for in full, SBCM may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of SBCM and the Buyer may be ascertained.

  4. Where the Buyer establishes ownership, SBCM must promptly return to the Buyer any such goods, however SBCM shall in no way be liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Buyer’s business howsoever arising from the seizure of such Goods.

 

 9. SAMPLES AND PRODUCTION VARIATIONS

• We endeavour to improve the quality and operation of the products we supply. Accordingly, there may be minor variations in relation to production runs or batches of product;

• In placing an order with us you accept that there may be minor variations in relation to the product supplied;

 

10. FREIGHT CHARGES

• Freight charges will be addressed on a case by case basis at our sole discretion. Where your circumstance requires additional freight costs you will be liable for those additional charges;

 

11. FORCE MAJEURE

• SBCM shall not be liable for the consequences of any failure or delay in performing any of its obligations under this Agreement to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event

• If a Force Majeure Event arises, SBCM will notify the Buyer in writing of the Force Majeure Event and the likely impact it will have on the SBCM performance under this Agreement. If the Force Majeure Event affects the capacity of SBCM to complete its material obligations under this Agreement in a timely manner, SBCM may by notice to the Buyer terminate this Agreement without any liability whatsoever on its part arising from that termination;

 

12. LIMIT OF LIABILITY

• To the extent permitted by law SBCM will not under any circumstances be liable for any contingent, indirect, Consequential Loss, damages or injuries arising directly or indirectly from this Agreement or any performance or failure to perform this Agreement, whether in contract, tort, negligence, strict liability or otherwise, including (but not limited to) our negligence, default or misconduct even if informed of the possibility of such damages.

• To the extent permitted by law:

  1. SBCM shall be under no liability to the Buyer for any loss or for damage to persons or property or for death or injury caused by any act or omission (including negligent acts or omissions) by us or our employees or contractors, wherever occurring, arising from the subject matter of this Agreement; and

  2. any other obligation, breach, or liability (including our employees, agents, suppliers or subcontractors under or in connection with a supply, our maximum liability which may arise under any principle of law (including but not limited to breach of contract, tort, negligence, or under an indemnity)) shall be limited to the purchase price of the separable portion to which the liability attaches;

• The Buyer agrees to indemnify SBCM and keep SBCM indemnified against all losses and expenses which SBCM may suffer or incur due to the Buyer’s failure to observe the Buyer’s obligations under this Agreement; and any claims made against SBCM by any third party in respect of any loss, damage, death or injury arising from the subject matter of this Agreement;

• To the extent permitted by law all causes of action against us, arising out of or in connection with the supply of the Goods shall expire unless brought within one month of the time of accrual thereof;

 

13. INVOICING AND PAYMENT

• The Buyer must pay in full to SBCM the Purchase Price and any additional charges.

• For all online orders, the buyer must pay in full to SBCM before any order will be dispatched.

• A deposit of up to 100% of the Purchase Price may be invoiced to the Buyer on the acceptance of an Order for the Goods by SBCM at its absolute discretion;

• Where orders are changed after acceptance additional fees and charges of up to 100% of the purchase price may be payable;

• SBCM takes no responsibility for orders the buyer has placed incorrectly. Once you have placed your order online, it will no longer be possible to change or cancel your order. In the unlikely event you order can be cancelled up until the date of delivery, at its sole discretion,SBCM may apply a fee amounting to the full Purchase Price (especially in the case of custom or bulk orders);

• The terms of payment are as follows, unless otherwise agreed to in writing by SBCM:

  1. in the case of a Buyer granted an approved credit account by and with SBCM – 7 days from the date of invoice;

  2. in any other case, Cash on Delivery (COD)

• Individual deliveries or deliveries of separate instalments may be invoiced separately and shall be paid for accordingly.

• All invoices must be paid in full without any set-off counterclaim or cross demand. Payment is only received by SBCM when the payment is made in cash, or when the proceeds of other methods of payment are cleared and credited to SBCM bank account.

 

14. WARRANTY

• Any warranty provided relates only to Goods manufactured and supplied by SBCM. The warranty excludes:

  1. Replacement or repairs which are required as a result of improper installation, misuse, maladjustment, modification or lack of routine maintenance by others;

  2. Damage resulting from lack of maintenance or routine inspection;

  3. Items subject to deterioration or consumption in normal service (such as lamps, bulbs, fuses, batteries);

  4. Goods, materials or parts supplied or manufactured by unrelated third parties and provided to you at your specific request. Such goods, materials or parts will be repaired or replaced only to the extent of the original supplier’s warranty; and

  5. all other terms, conditions and warranties or guarantees implied by statute, common law or otherwise in relation to the Goods are hereby excluded, except to the extent otherwise provided by law.

 

 15. WARRANTY FOR GOODS

• Any warranty claim is subject to the conditions outlined in the Product Warranty Statement;

• Unless otherwise stated in our quotation or agreed by SBCM at the time of acceptance of your order, the warranty period for the supply of goods shall be one year from the date of manufacture of the goods (“Goods Warranty Period”).

• SBCM warrants that the goods will on their delivery to you conform with the description in this Agreement or agreed by us in writing at the time of acceptance of your order, and that there will be no defects in material or fault in manufacture.

• SBCM will not be liable:

  1. where defects in material or fault in manufacture which are not notified to SBCM in writing within the Goods Warranty Period; or

  2. where any defective goods or components thereof which have been repaired or modified without our prior written consent; or

  3. for the cost of return carriage of the Goods to SBCM

• SBCM liability is limited to the maximum extent permissible by law. At SBCM option in relation to proven warranty claim regarding Goods, SBCM may undertake:

1. the replacement of the products or the supply of equivalent products;

2. the repair of the products;

3. the payment of the cost of replacing the products or of acquiring equivalent products; or

4. the payment of the cost of having the products repaired.

• Where the claim relates to services, SBCM liability is limited to the extent permissible by law and in relation to proven warranty claim, at SBCM option it may undertake:

1. the supply of service again; or

2. payment of the cost of having the services supplied again;

 

 16. WARRANTY CONDITIONS

• As noted in 15 (a) any warranty claim is subject to the conditions outlined in the Product Warranty Statement;

• To claim the warranty you must write to SBCM within the relevant Goods Warranty Period specifying the nature of the defect, breach or non-conformance.

• If you make a warranty claim in accordance with this clause, you will be responsible for all expenses associated with the warranty claim other than the costs of the repair, replacement, rectification or refund for the Goods or services including the cost of returning any defective Goods to SBCM.

• The benefits to you of this express warranty are in addition to other rights and remedies you have under the Australian Consumer Law.

• All other terms, conditions, warranties and guarantees implied or imposed by statute, common law or otherwise in relation to the Goods (including without limiting the generality of the foregoing any implied or imposed warranty or guarantee that the Goods are suitable or fit for any particular use or purpose or that the Goods will comply with a sample) are hereby excluded, except for any warranties or guarantees which may not be excluded according to the applicable laws or regulations of a country which has proper jurisdiction.

 

17. RETURN / EXCHANGE OF GOODS

• As SBCM offers an online service, it is the customer's responsibility to ensure they check the item description and size carefully before ordering. Unless stated in this Refunds and Returns Policy, return of item and/or refund due to change of mind is not allowed.

 

Please choose carefully as returns and refunds are not possible where you have changed your mind, made a wrong selection or found the goods cheaper elsewhere. Please carefully review the goods and ask as many questions as possible to decide if the goods are appropriate for you before proceeding with your final purchase.

• SBCM may, at its sole discretion, determine whether to accept the written request for exchange or return.

• If the written request for return lodged with SBCM is accepted by SBCM, SBCM will issue a Returns Authorisation Number, return will be permitted and, provided the goods are returned in full working, as determined by SBCM at its sole discretion, a full or partial refund will be offered to you and open for acceptance for seven (7) days;

• If the written request for exchange lodged with SBCM is accepted by SBCM, SBCM will issue an Exchange Authorisation Number, exchange will be permitted and, provided the goods are returned in full working, as determined by SBCM at its sole discretion, the fee payable to SBCM in respect of the goods will be adjusted accordingly;

• If you make a written request for exchange or return which is accepted by SBCM in accordance with this clause, you will be responsible for all expenses associated with the request.

 

18. SEVERABILITY

• If any provision of these terms are prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of this agreement.

 

19. YOUR ACKNOWLEDGEMENT

• In supplying the goods, you acknowledge that SBCM makes no promises, representations or recommendations as to the suitability or appropriateness of the goods for any particular purpose.

• You acknowledge and agree that you have entered into this agreement for the supply of goods without relying on any representation, warranty or statement made by SBCM other than the warranties, acknowledgments, statements and agreements contained in these terms and conditions.

• You acknowledge that SBCM supply of goods online does not include or extend to education or training as to the use of the goods. Such education and training is excluded under this agreement regardless of any requirement for such education and training.

 

  20. PRE-ORDERS

• In pre-ordering you are able to reserve an item for an upcoming stock order. Payment is required in full at placement of order.

• The arrival date of a pre-order is listed on each item description page. These dates reflect the projected date at which we will receive the stock of the item and commence shipping from that date. 

• The pre-order period will conclude a few weeks before we are due to receive the stock, or once all the pre-orders are sold out. pre-order pricing is subject to change and we will not refund money or offer refunds for price changes. 

• All quoted dates are estimates only. We will keep our customers updated via email through the pre-order period and closer to the arrival dates.

• Pre-orders may be refundable if the arrival date is later than the dates specified. Please contact us for more information: hello@sbcm.au