Terms & Conditions
Durodent Holdings Pty Ltd as The Trustee For Tasman Discretionary Trust (ABN: 55 432 482 977) Trading As Durodent Dental Supplies
Please read the following Terms and Conditions before using this website or purchasing from Durodent Dental Supplies.
The term ‘Durodent’ or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
Our Terms and Conditions
- Sole Terms
- These terms apply to all sales by us to you and will prevail over all conditions, purchase orders, invoices or any other documents of the transaction to the extent of any inconsistency unless varied in writing and signed by us.
- You will pay the full price of each order including and freight costs, surcharges and special fees before any good are shipped or supplied.
- If your online website account has been approved to trade via “Pay Via Invoice” terms, you will pay the full cost of each order to us on or before the last working day of the calendar month following the month of supply. Refer to Section 3 – Credit Terms for credit account terms and conditions.
- Credit Terms
- Credit may be given to customers who have their credit application approved by us prior to ordering goods. Where credit is given, Durodent’s standard payment terms of full settlement of account on or by the last day of the month after goods were purchased (i.e 30 days end of month) shall apply.
- Title to the goods remains with us until you has paid for them. Title will pass to you once the goods are paid for in full and any and all payments have been cleared by any relevant banking process. Orders made by you for products on this website are not binding on Durodent until accepted by us.
- Account payments are accepted by Cheque, EFTPOS or Credit Card.
- If payment is not made on or before the last working day of the month following supply, we reserve the right to charge interest at the rate of 1.5% each month on overdue balances on your account and to recover all legal costs and other costs and expenses arising from the collection of any overdue accounts.
- Failure to pay an invoice on the due date entitles Durodent to suspend delivery, refuse further orders and cancel any existing contract for supply without further notice. Interest is payable on any overdue balance calculated from the date of purchase at the current prevailing interest rate under the Uniform Civil Procedure Rules 2005 for the whole or part of each month during which any such invoice is unpaid. Customers may be required by Durodent to give security and /or surety.
- Durodent is authorised to make all reasonable enquiries as to the credit worthiness and financial responsibility of a customer who has applied for and/or been given credit including reports from credit reporting agencies from time to time.
- In the event of the company instructing its solicitors or mercantile agent to collect an overdue amount all legal fees and collection charges and tracing agents fee as between solicitor or mercantile agent and client shall be borne by the customer.
- Credit may be withdrawn if the customer exceeds the authorised credit limit.
- All prices and price lists may change without notice due to changes in market conditions.
- All prices and transactions are processed in AUD and are GST exclusive where applicable.
- Delivery / Shipping / Freight - Refer Shipping and Returns Page
- While we endeavour to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle you to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.
- Should circumstances beyond our control prevent or hinder delivery, we will be free from any obligation to deliver products while such circumstances continue. For as long as such circumstances exist, we may, at our option, cancel, rescind or terminate all or any part of the contract or keep the contract on foot until such circumstances have ceased. Such circumstances beyond our control include, but are not limited to strikes, lockouts, rebellions, fire, acts of God, shortages of raw materials, government decrees, proclamations or orders, transport difficulties, and failures or malfunctions of computers or other information technology systems.
- We will deliver the products to your preferred forwarder. If no forwarder is nominated by you, we will deliver the products to our forwarder. In both cases, liability for the costs of the freight and insurance will be to your account.
- You must notify us within 24 hours of delivery of any shortfall in, or loss or damage to, the products delivered. If you fail to so notify us then, to the extent permitted by law, you shall not be entitled to any remedy in respect to the shortage, loss or damage.
Shipping Rates (Cost) / Freight Rates (Cost)
Shipping Freight rates are calculated using the zones of the relevant carrier. Prices are subject to change without notice. Approximate prices and options will be displayed in your shopping cart based on goods and postcode to the best ability of the computer.
Some items may only be delivery via Road courier and are exempt from overnight satchel services due to the nature or size of the items.
We reserve the right to charge a extra fee for bulky items or remote areas deliveries. Please contact us for a quote.
We also reserve the right to choose the best available freight option for you based on your location and order size.
We do not ship internationally (except New Zealand).
Exclusions may apply, including but not limited to large equipment, bulky goods.
We reserve the right to amend our shipping policies at any time.
Promotional Shipping Offers (Limited Time Offers): Conditions may apply - If promotional shipping options are offered by Durodent from time to time like Free Shipping, Flat Rate Shipping etc, Durodent will choose what shipping company is used for this service selected.
- Offer is only available for Web Orders shipped within Australia.
- Offer is only for Standard / General freight services only at Durodents discretion - does not apply to express and same day freight services.
- Authority To Leave Parcel will be applied at Durodent's discretion. No redelivery, change of delivery address or redirection costs will be borne by Durodent and will be on charged to customer.
- Excludes NT, remote country areas outside of main Metro and populated surrounding regional areas close by.
- Not applicable to heavy dead weight items like Plaster, Dental Stones and large equipment / machines depending on shipping region.
- Orders over $250 + GST after any discounts are provided.
- If the website checkout allows you to process the order with free shipping, but
- Your postcode / suburb is later deemed to be a remote location by the transport companies we reserve the right to charge shipping, we will contact you to discuss available options.
- A overweight heavy item, special order item, bulky item, non standard item etc is ordered and cannot be shipped for free, we will contact you to discuss available options.
- Not limited to the above
- Authority To Leave: To ensure secure delivery, all courier companies excluding Express Post require a customer’s signature to receipt delivery. If you are not able to be present when your goods arrive, please provide an “Authority to Leave” note for the driver to leave your goods in a safe place. If you choose to have your goods left without receipt by signature, Durodent in not liable for any loss or damage of goods.
- If your address is deemed Residential or that your address will not have someone available to receive and sign for the delivery between 9am-5pm Monday to Fridays, Durodent will take the authority to mark the items as ATL (Authority To Leave). Otherwise there are re-delivery charges incurred which Durodent cannot cover.
- No redelivery, change of delivery address or redirection costs will be borne to Durodent and will be on charged to customer.
- All discounts and allowances are conditional upon invoices being paid within 30 days from the date of invoice.
- Forfeited Trade Discounts may expire unless remittance is received before the expiration of the discount period and Discounts to freight charges, handling charges, and merchandise charges will be charged back under a separate invoice number.
- If required, costs of collection, including reasonable agency fees, attorney fees, and court costs incurred by us in the collection of the delinquent debt, will be added to the outstanding balance.
- Risk in each order will pass to you upon delivery of that order to you or upon collection of that order by your agent or courier as the case may be.
- Where, in accordance with these terms, we accept return of any products, risk in those products will revert to us upon delivery of the products to us or upon collection of the products by our agent or courier as the case may be.
- Retention of Title
- Notwithstanding delivery of the products to you, until we have received full payment for the products and any other products previously supplied by us, legal title to the products will remain with us and you must store the products in such manner as to clearly show that they are our property.
- Subject to the clause 7 below, until such time as the products have been paid for in full, you are at liberty to use or sell the products in the ordinary course of your business.
- Notwithstanding the provisions above, we will be entitled to maintain an action against you for the purchase price.
- Personal Property Securities Act 2009 as amended (“PPSA”)
- The terms “Debtor”, “Collateral”, “Financing Change Statement”, “Financing Statement”, “Grantor”, “personal money security interest”, “Proceeds”, “Secured Party”, “Security Agreement” and “Security Interest” have the meaning given in the PPSA.
- You acknowledge and agree that by accepting these terms and conditions, the contract between us forms a Security Agreement that covers the Collateral for the purposes of the PPSA, so that:
- we hold (as Secured Party) a Security Interest over all of the present and after acquired products supplied by us to you and any Proceeds of sale of those products;
- any purchase by you on credit terms from us or retention of title supply will constitute a purchase money security interest (“PMSI”);
- the PMSI granted herein will continue to apply to any products coming into existence or proceeds of sale of products coming into existence and supplied by us to you;
- we shall continue to hold a Security Interest in the products in accordance with and subject to the PPSA, nothwithstanding that the products may be processed, co-mingled or become an accession with other products;
- any Security Interest held by us will be a continuing and subsisting interest in the Collateral with priority to the extent permitted by law over all registered or unregistered Security Interest;
- until title in the products pass to you, you will keep all products supplied by us and ensure all such products are kept free of any charge, lien or other security interest and not otherwise deal with the products in a way that will or may prejudice any rights we may have under these terms and conditions or the PPSA; and
- in addition to any other rights under these terms and conditions or otherwise arising, we may exercise any and all remedies afforded to us as a Secured Party under Chapter 4 of the PPSA including, without limitation, entry into any building or premises owned, occupied or used by you to search for and seize dispose of or retain those products in respect of which you have granted a Security Interest to us.
- In order to secure our interests under these terms and conditions, you undertake to:
- sign any further documents and provide such information which we may reasonably require to register, amend or update the Financing Statement or Financing Change Statement in relation to a Security Interest on the Personal Property Securities Register established under the PPSA (“PPS Register);
- indemnify and, on demand, reimburse us for all expenses incurred in registering a Financing Statement or a Financing Change Statement on the PPS Register or releasing any Secured Interest;
- not register or permit to be registered a Financing Change Statement in the Collateral without our prior written consent;
- give us 7 days prior written warning of any change in your name, address or contact details to enable us to register a Financing Change Statement if required.
- We agree that sections 96, 125, 132(3)(D), 132(4) and 135 of the PPSA do not apply to these terms and conditions.
- You hereby waive your right to receive notices under sections 95, 118, 121(4), 130, 132(3)(D), 132(4) and 135 and your rights as Grantor under sections 142 and 143 and your right to receive a verification statement under section 157 of the PPSA.
- You shall unconditionally ratify any actions taken by us under this clause 7.
- This clause 7 will survive termination of any contractual relationship between us arising under these terms and conditions, to the extent permitted by law.
- Acceptance of Products
- You will inspect the products immediately upon delivery to you or upon collection of that order by your agent or courier, as the case may be.
- Subject to the obligation under clause 4.4, all claims against us regarding the products must be made in writing to us within 7 days of delivery. We do not accept liability for any such claim not made in accordance with these terms.
- In the event of a justified claim notified by you to us in accordance with these terms, we may, at our option, to the extent permitted by law:
- reduce the purchase price by agreement with you;
- accept the return of the products and, subject to the products being returned in the same condition as when they were delivered to you, refund to you the purchase price; or
- replace the products,
- and no additional claims of any nature whatsoever may be made against us.
- No return of the products will be accepted unless you obtained a return approval fro us. Products returned with prior approval will not be accepted. Returns may attract a handling fee of 10%-25% of the invoiced value of the products. You are responsible for payment of freight and insurance. Returns will be accepted only if the products are returned in the same condition as when they were delivered to you.
- Advice and Information
- Any advice, recommendation, information, assistance or service given by us in relation to products sold or manufactured by us or their use or application whether given on this web site or otherwise is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but, subject to any warranty that is implied by law, is provided without any warranty or accuracy, appropriateness or reliability and we do not accept any liability or responsibility for any loss suffered from your reliance on such advice, recommendation, information, assistance or service.
- Limitation of Liability arising from your trading with us
- These trading terms, to the extent that they exclude or limit our liability, will apply only to the extent permitted by law.
- Our liability will be limited, to the extent permitted by law, at our option, to,:
- the replacement of the products or the supply of equivalent product;
- the repair of the products;
- the payment of the cost of replacing the products or of acquiring equivalent products; or
- the payment of the cost of having the products replaced.
- You acknowledge, agree, represent and warrant that:
- as the use of the products is outside our control, you are satisfied that the products when supplied in accordance with a purchase order and/or standard specifications for such products, will have the conditions, characteristics, quality and attributes that will make them suitable or fit for any ordinary or special purchase required for those products, even if that purpose is made known to us at any time;
- you have or will, in a timely manner, conduct all mandatory or prudent tests and apply all mandatory or prudent quality control checks and procedures to ensure the products and any product that is produced from them will be without defect and suitable or fit for any purpose required for them;
- you have not relied on any statement, representation, warranty, guarantee, condition, advice recommendation, information, assistance or service provided or given by us or anyone on our behalf in respect of the products, other than those representations expressly contained in these terms and conditions;
- you release and indemnify us and our officers, employees and agents from and against all actions claims proceedings and demands (including those brought by third parties) which may be brought against us or them whether on our own or jointly with you whether at common law, under tort (including negligence), or equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of any breach by you of any warranty provided by you under these terms and conditions.
- To the extent permitted by law:
- all conditions, warranties, guarantees terms and obligations, express or implied by law, or otherwise relating to these terms and conditions or our performance of the obligations under these terms and conditions, or to any products supplied by us to you, are excluded; and
- without limiting the generality of the provisions of this clause, we give no condition, warranty or guarantee whatsoever as to the suitability, performance or fitness of the products for their ordinary or any special use or purpose and the description of the products in any contract or any other document shall not import any such condition, warranty or guarantee on our part.
- Proprietary Rights in Site
- The proprietary rights in this site and the information, images and material within it including the copyright in the design and layout of this site, are owned by us. Except as expressly permitted by us, you must not copy, modify, disseminate, publish or otherwise purport to own or dispose of any such proprietary rights.
- To the extent permitted by law, our company will not be responsible or liable for:
- any loss or other damage including but not limited to incidental, indirect, consequential, special or other damage suffered or incurred by you or any other person using this site; or
- the acts or omissions of other customers or other users of this site including the breach of these terms and conditions;
- and you waive all claims and rights which you may otherwise have had arising out of such matters.
- Durodent and its officers, directors, employees, agents and successors are not responsible for damages from any actions, claims, demands, damages, liabilities or suits of any nature, in law or in equity, arising from or in connection with supplied products or their use. It is understood that the customer will test and use supplied products according to the practices standard in the industry and in strict compliance with all applicable laws and regulations as they are intended to be used.
- Certain products contain hazardous or harmful materials if misused; Durodent does not warrant the safety or efficacy of the products. It is the customer’s responsibility to understand the hazards involved in using such products and comply with instructions for use. It is the customer’s duty to warn employees of any risks involved in using or handling the Products.
- To the extent permitted by law, our company will not be responsible or liable for:
- If you breach any of the terms and conditions contained in this web site then we may at any time and without prior notice suspend or terminate any agreement that we have with you.
- We may vary these terms and conditions by posting on this site notice of the variation and such variation will take effect on the date 7 days (or such other period specified by us in the notice) after such notice is posted on this site. You are responsible for reading and keeping yourself up to date in relation to any changes to these terms and conditions posted on this site.
- Communication with you
- We may at times need to communicate with you. In such case we will communicate with you generally either through the email address or telephone number you have provided to us. You will advise us of any changes in that email address or telephone number.
- Communication with us
- If you have any comments regarding our products or services we can be contacted at firstname.lastname@example.org
The address is:
Durodent Dental Supplies
P.O Box 972
Bayswater VIC 3153
- Governing Law
These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of Victoria. The courts of the State of Victoria and of the Commonwealth of Australia shall have the exclusive jurisdiction to determine any proceedings which may arise and we and you irrevocably submit to the jurisdiction of such courts.