Warranties & Refunds Policy

Ordering and delivery of products

    • Ordering and stock holding
      • The Distributor will order the Contractual Products by written purchase order sent by email or fax to the Santé nominated email address and fax number.
      • The Distributor will only place an order for Contractual Products where the order meets required Unit minimum order quantities as mutually agreed.
      • The Distributor agrees and acknowledges that it will, at its own cost, hold a minimum of 0 of Contractual Products stock at any time during the Term due to the lead times for ordering.
    • Delivery
      • Unless agreed otherwise, freight from Santé to the Distributor will be priced and charged at time of order. The Distributor has the right to organise their own freight and will notify Santé at time of order.
    • Extraordinary or special orders
      • The Distributor may from time to time place a special order with Santé, such special orders only to be accepted in Santé’s discretion, where Contractual Products may be air freighted to the Distributor. Such orders may require special quoting.

Obligations of Santé

    • All Contractual Products supplied by Santé shall conform to the Löwenstein Medical quality standards, as well as the Therapeutic Goods Act 1989 (Cth) and the fitness for purpose requirement in the Competition and Consumer Act 2010 (Cth) (where applicable).
    • Santé reserves the right to change the specifications, features, appearance or composition of the Contractual Products sold by the Distributor on reasonable notice, without liability to the Distributor. Santé will inform the Distributor by written notice about any changes which have a significant impact on the product performance.
    • Santé shall for the Term in good faith, promptly and regularly supply to the Distributor at its request, advice on the technical characteristics or specifications of both the Contractual Products sold and distributed by the Distributor under this Agreement.


Warranties and Claims

    • Warranties

Santé warrants to the Distributor that:

  • it has the right to sell the Contractual Products;
  • the Contractual Products are fit for their intended purpose and are of merchantable quality;
  • the Contractual Products are free of encumbrance;
  • the Contractual Products will be in new and unused condition on delivery unless agreed otherwise; and
  • the Contractual Products have a 5-year warranty for manufacturing defects commencing on the date of commencement of use, irrespective of whether the use is hire of purchase.
  • Warranty limitation

The Distributor acknowledges that the following limitations of liability apply to the Contractual Products supplied to it by Santé under this Agreement:

  • all implied conditions and warranties except those which cannot be modified or excluded by law are hereby excluded;
  • except where the Contractual Products supplied under this Agreement are of the kind ordinarily acquired for personal, domestic or household use or consumption, and except in respect of any implied conditions or warranties (liability for breach of which cannot by law be limited), liability for breach of any implied condition or warranty other than a condition or warranty as to title, encumbrances or quiet possession will be limited to any one of the following as determined by Santé:
    • in the case of Contractual Products:
      • the replacement of the Contractual Products or the supply of equivalent products; or
      • the repair of the Contractual Products;
      • the payment of the cost or replacing the Contractual Products or of acquiring equivalent products; or
      • the payment of the cost of having the Contractual Products repaired; and
    • in the case of the services:
      • the supplying of the services again; or
      • the payment of the cost of having the services supplied again.

Refund will be provided only if Santé is unable to provide warranty service to rectify manufacturing defects, any other refund will only be granted at the discretion of Santé and on the basis of contractual product being returned.