Application
These terms and conditions shall apply to every order of goods and/or services (products) made by Smile Again Dental Laboratory ABN 41 940 669 576 to the customer who places an order with us (even if they are not attached to any particular quote or order).
Quote, Order and Acceptance
If we provide you with a quote it is valid only for the period of time specified in the quote or 30 days from the date of the quote, whichever is the lesser, and only in respect of the matters set out in the quote. Our quotes are confidential and you must not disclose the information in our quotes to any other person without our prior written consent. A quote given by us is an invitation for you to trade with us. It shall not constitute an offer by us to you. You may use the quote to submit an order to us. Prices given in any quote are applicable to that quote only and will not apply in any other instance, unless confirmed in writing by us. If you are given a quote and instruct us to proceed, you are taken to have submitted an order to us on the terms of the quote. We are not obliged to accept any order. Acceptance of an order only occurs where we accept the order (which may be done in writing, verbally or by us commencing to fulfill the order).
Change of Order
Once an order has been accepted by us, it can only be changed or cancelled with our consent and in respect of which additional charges may apply as determined by us. Each order constitutes a separate and independent agreement. Subject to these terms and conditions, any action taken in respect one order does not automatically affect any or all other orders.
Authority to Place Order
You agree that we are entitled to assume that anyone on behalf of you (including your employees) who places an order with us has full power and authority to bind you irrespective of whether or not such person followed your internal procedures before placing the order and you agree to be bound by the acts or omissions of such persons.
Your Obligations
You must promptly provide all instruction, information and documentation reasonably requested by us relating to the order (including, for clarity, a laboratory form) and it is your responsibility to ensure same are accurate and complete in all material respects. We are not liable for any loss or damage of any kind suffered by you as a result of any failure or delay by you in respect of the foregoing and we are entitled to a reasonable extension of any timeframe applicable to our obligations as a result of such failure or delay. It is your responsibility to ensure that the contact details we have about you including your address and delivery details are correct and up to date at all times.
Price and Products
The price and description of the products you may offer to purchase from us are described in our price list. We may change any aspect of the price list at any time without prior notice. It is your responsibility to check the price list before placing your order with us.
Descriptions
Any description of our products including any specifications, illustrations, drawings, data, dimensions and weights are approximate only and are given by way of identification only. The use of that description does not constitute a sale by description and does not form part of our contract with you unless we say so in writing. You are responsible for ensuring that the product ordered is suitable for its intended use by you and to the fullest extent permitted by law we are not liable to you for any product you order which is unsuitable for your intended use.
Payment, Interest and Merchant Fee
If we agree to provide you with credit, our payment terms are strictly 30 days from the date of the invoice and if credit is not provided or is terminated, suspended or you are over your credit limit, payment is due on the lesser of 30 days from the date of invoice or the date specified by us. We may issue an invoice for part of the products supplied from time to time. If any payment is dishonoured, you must pay the additional bank charges. If any other amount is payable by you to us under these terms and conditions, it is payable within the time period specified for payment or, if no time period is specified, then within 14 days of demand. All times for payment are of the essence. Without prejudice to our rights, interest shall apply to any overdue amount at the rate of 9% per annum calculated daily and is payable on demand. In addition to the amount payable, we may charge you an account processing fee for all credit card payments up to 3% of the total value of the invoice.
Credit Reporting
We may give information about you or your business to a credit reporting agency for the purpose of obtaining a credit code (or similar) report, and/or to allow any credit reporting agency to create or maintain a credit information file about you or your business. You hereby consent to us disclosing your information to any credit reporting agency as outlined above.
GST
Unless otherwise stated, our prices are shown exclusive of goods and services tax (GST). You must pay the applicable amount of GST in addition to the amount payable at the same time as the amount to which it relates is payable. If GST is payable, the invoice issued by us to you will be a Tax Invoice. In these terms and conditions, “Tax Invoice” means an invoice issued in conformity with the GST Act; and “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the regulations thereunder.
Account Limit
If we agree to provide you with credit, we reserve the right to terminate or suspend the provision of credit or introduce or change the amount of credit available to you at anytime in our sole discretion. If a credit limit is introduced or agreed to, this is solely for our internal purposes and the fact that credit may be given to you beyond this limit does not prejudice our rights to seek payment of the full amount owing irrespective of whether or not notification was given to you of the credit limit being exceeded. It is your responsibility to monitor the amount of credit being given to you.
Delivery and Delivery Costs
Delivery takes place on the earlier of the time our product passes into your (or your agent’s) possession, or the time when we deliver same to the relevant delivery address. Unless otherwise stated, our prices are shown exclusive of delivery costs. We reserve the right to charge for the costs we incur in delivering our product to you in addition to all other amounts payable. Delivery costs are payable at the same time as the payment for the products delivered is due.
Unless we make other arrangements with you, our product is delivered direct to the delivery address listed on your account (and delivery to that address is sufficient delivery). If you request that we deliver our product to another address, we may charge you an additional fee.
Although we will use reasonable endeavours to provide the product to you by the due date for delivery, this time is not of the essence. If supply of the product is prevented, delayed or hindered directly or indirectly by circumstances beyond our reasonable control then, at our option, either the delivery time shall be extended until the effect of the delaying cause has ceased or we may cancel the order. You are not entitled to cancel the order for the resultant delay. We are not be liable to you for any loss or damage of any kind you suffer arising out of any failure by us to provide the product on the agreed or specified date or within a reasonable time or for the resultant delay or cancellation of the order.
Title and Risk
Risk of loss, damage or destruction to our product passes to you at the time of delivery. Title though only passes to you once payment in full for the relevant product has been made.
Infection Control
We warrant that our products comply with the Australian Dental Association Inc’s Guidelines for Infection Control and the Dental Board of Australia’s Guidelines on Infection Control.
Inspection
For materials we provide to you, you should inspect the product immediately upon delivery. To the fullest extent permitted by law, you must report to us in writing any damage or incorrect supply which must be received by us within 3 days of delivery otherwise we may refuse any claim you make.
Warranties
Subject to the warranty conditions set out below (and any manufacturer’s warranty that the relevant manufacturer may provide), we provide the following warranties against faults or defects (calculated from the date of our invoice) in respect of the following products we provide to you:
Australian Consumer Law
If you acquire goods from us as a “consumer” within the meaning of that term in the Australian Consumer Law, then the following paragraph applies:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Any rights you may have under any warranty specified herein are in addition to other rights and remedies under law in relation to the products. Nothing in these terms and conditions shall exclude or modify any legal rights you may have under the Australian Consumer Law or otherwise which cannot be excluded or modified at law. [Please note that this wording does not exclude our right to rely on section 64A contained in schedule 2 of the Competition and Consumer Act 2010 (Cth) where appropriate.]
Contact details if you wish to make a warranty claim can be found on our website.
Limitation of Liability – GeneralLimitation of Liability – Products
To the fullest extent permitted by law (but subject to the Australian Consumer Law and any applicable express warranty in these terms and conditions), in respect of any products we provide to you: (a) your only remedy in respect of a damaged or defective product covered by a warranty we give is limited to the terms of that warranty; (b) if despite the foregoing limitation we are nonetheless held to be liable to you, then our maximum liability to you for any reason whatsoever, whether arising in tort or contract or otherwise, is limited, as selected by us, to either providing the product again, the payment of the cost of having the product supplied again or repairing the product. Without derogating from the foregoing, our maximum liability to you for any reason whatsoever is strictly limited to the amount paid by you to us in respect of an order.
Indemnity
You indemnify us from and against all claims, demands, suits, proceedings, costs, liability, loss, damage and expense (including legal costs on a full indemnity basis and any commissions or other expenses we pay to any debt collection agency we retain to recover or attempt to recover the monies you owe to us), suffered, paid or incurred by us arising from any breach by you of these terms and conditions or any order.
Your Relationship with Us
Nothing in these terms and conditions creates any relationship of employment, agency, joint venture or partnership between you and us.
Suspension
If you default or fail or delay in performing your obligations then in addition to and without prejudice to any of our other rights or remedies (including exercising a right of termination after suspension), we may suspend the performance of our obligations until such breach is rectified without being liable to you for any loss or damage of any kind suffered by you as a result of such suspension. We are entitled to a reasonable extension of any timeframe applicable to our obligations as a result of such suspension.
Termination
If a party (defaulting party):
Effect of Termination
Termination shall not affect any provision of the order expressed or capable of operating or having effect subsequent to termination and shall be without prejudice to any accrued right or remedy of a party in relation to any breach of or default by the other party occurring prior to termination.
Cancellation by Us
We may cancel an order at any time before the product is supplied to you by giving notice to you in which case we will repay any sums paid by you in advance to us in respect of the relevant product.
Intellectual Property
You do not receive any right, title or interest in the intellectual property rights in our product. If we source, produce or manufacture any product samples or prototypes specifically for you, you do not acquire any intellectual property rights in such samples and prototypes. We are not liable to you for any infringement or unauthorized use of any intellectual property rights connected with these terms and conditions or an order.
In these terms and conditions, “intellectual property rights” include any copyright, moral rights, trademark, registered design, patent, trade and business names, inventions, know-how, improvements, discoveries and confidential process and includes without limitation artistic works, images, illustrations and photographs and any adaptation or concept relating to it.
Database
We may store information provided by you to us, including your contact details, on our internal database. You have no right to view or otherwise access that database. To the fullest extent permitted by law, we may use any information provided by you to us to conduct our business. Inconsistency and Variation We may vary these terms and conditions from time to time, in which case those new terms and conditions shall apply to every new order after you are notified in writing of the new terms and conditions. Subject to the foregoing and any other provision of the order, any variation, amendment or consent to departure by any party from the order will have no force or effect unless agreed in writing by us.
If there is any inconsistency between these terms and conditions (general) and any other details of the order (specific), the specific details of the order prevail to the extent of the inconsistency.
General
In respect of these terms and conditions and the order:
Interpretation
Unless the context otherwise requires:
Cancellation Policy
We require 24 hours’ notice should need to cancel an appointment, we often have patients on standby or in pain wanting to be seen, so we ask that you consider this when you call to cancel or re-schedule.
If you make a time to see us and do not turn up to the appointment, we will require a $50.00 booking deposit to secure the next appointment you make.
Payment
Payment of accounts is strictly pay as you go, meaning if you receive treatment on that day, we expect you to make payment on that day.
There may be procedures that are done over two or three appointments. Payments may be broken up in those instances to be paid over the course of treatment. This must be arranged with the Dentist and/or Practice Manager.
Health fund Claiming
If you have dental cover through your health fund, we can claim electronically through HICAPS on your behalf to help obtain any reimbursement due to you. However, we remind you that your specific policy is an agreement between you and your health fund. Please keep in mind that you are responsible for your total obligation should your insurance benefits result in less coverage than anticipated.
Electronic HICAPS claiming must be on the same day the service is provided, so if you forget your card you will need to pay the full account and then contact your health fund for your rebate.
Service Providers
Smile Again uses a number of professional service providers, dentists and dental prosthetists, in the provision of treatments and care of patients.
Such service providers are registered with the Australian Dental Board of New South Wales, or other relevant professional body as required and practice on their own account. Smile Again provides surgery facilities but cannot take any responsibility for the treatment provided by such service providers.
Please note these service providers are responsible for the care and quality of the services provided to patients in the Smile Again surgery/denture clinic and issues relating to the standard of quality of such professional services remain the responsibility of the provider and any complaints, questions or remedial work must be discussed with the relevant service provider.
Or call our office