Terms of Sale

(a) All goods and services provided by “Cape Bionics Australia” ABN (66646740534) (referred to in this Agreement as “We”, “Us” or “Our”) are sold on these terms and conditions. These terms and conditions, taken together with any purchaser order, acknowledgement and instructions, protocols and guidelines as to use of the goods, form Our agreement with you (“Agreement”). These terms and conditions form part of Our Agreement with you regardless of whether you acquire the goods and services directly or indirectly from Us (including from Our personnel), via Our website or by any other means including through an intermediary party.
(b) Where you purchase goods or services from Us, you accept this Agreement by ordering or purchasing the goods or services.
(c) Where you procure or purchase the goods or services from Us on behalf of another party (“End User”), you accept this Agreement by procuring, purchasing or ordering the goods or services, or by directing another party to purchase goods and services from Us.
(d) Where you are an End User, you accept this Agreement by using Our goods or services.
(e) We may amend these terms and conditions from time to time by publishing updates on Our website.

Delivery
(a) We may at our option deliver any goods or services to you in any number of instalments.
(b) Any delivery time that We may quote is an estimate only. We are not liable for late delivery and will not be liable for any loss, damage or delay occasioned to you arising from late or non-delivery of the goods or services.

Price
(a) Unless otherwise stated all prices that We quote are in Australian dollars and are inclusive of Goods and Services Tax.
(b) Where you acquire the goods or services directly or indirectly from Our personnel, payment is due on the date specified on the invoice or, where no payment terms are specified, on delivery to you of the goods.
(c) Where you procure the goods or services from Us on behalf of an End User, you warrant to Us that the End User will make payment to Us in accordance with Our payment terms.

Returned Goods
Except for any provisions to the contrary contained in this Agreement, We are not under any duty to accept goods that you purport to return. You acknowledge that the goods and services are
bespoke to you or to an End User and manufactured by Us to your unique requirements at your request, and that consequently the goods and services are not capable of being reused by or resold to any other party.

Goods Sold
All Goods and services to be supplied by Us to you are as described (where applicable) on any purchase order or acknowledgement and the description on such purchase order or acknowledgement prevails over any other descriptions of the goods and services.

Cancellation
(a) You may not cancel any order or purchase and We are not required to accept any purported cancellation of an order. Where We agree to a cancellation, you acknowledge that this is at Our discretion and that We are under no obligation to accept any request from you to cancel an order or purchase.
(b) You may not make any alteration to an order once placed with Us, however We may in our absolute discretion agree to an alteration where requested by you.

Performance
Any performance figures provided by Us are estimates only. We are under no liability for damages or any other amount for failure of the goods or services to attain any particular performance figures.

Expiry Date
You acknowledge that Our goods are not designed or manufactured to be used indefinitely and that compression garments have an expiry date. You acknowledge that use of the goods after their expiration will impair the performance of the goods and will result in reduced or no physiological benefit. You acknowledge that misuse of the goods or use of the goods that is contrary to our instructions, protocols and guidelines may reduce the natural life span of the goods.

Misuse
Our compression garments are a Class I therapeutic good registered on the Australian Register of Therapeutic Goods. You acknowledge that the goods must be used in accordance with Our instructions, protocols and guidelines and that misuse of the goods or use that is not in accordance with Our instructions, protocols and guidelines may cause harm to you. To the fullest extent possible under law (and subject to any statutory obligations including any consumer guarantee and warranty obligations under the Australian Consumer Law), We are not liable to you in contract, tort, negligence or otherwise arising out of or in connection with any use of the goods that is not in accordance with Our instructions, protocols and guidelines or that is otherwise not consistent with the proper use and maintenance of the goods.

Consumer Guarantees
Our liability for a breach of a condition or warranty implied by part 3-2, division 1 of the Australian Consumer Law is limited to:
(a) in the case of goods, any one or more of:
    (i) the replacement of the goods or the supply of equivalent goods;
    (ii) the repair of the goods;
    (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and
    (iv) the payment of the cost of having the goods repaired; or
(b) in the case of services:
    (i) the supplying of the services again; or
    (ii) the payment of the cost of having the services supplied again.

Warranties
(a) 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 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.
(b) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
    (i) to cancel your service contract with us; and
    (ii) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
(c) Our warranties do not apply where any damage to the goods arises from:
    (i) any misuse or improper use of the goods by you;
    (ii) any adjustment or modification to the goods by you; or
    (iii) any use of the goods by you that is not consistent with any instructions, protocols and guidelines provided by us to you or any other party, including any instructions, protocols and guidelines as to the care of the goods, or that is otherwise not consistent with the proper use and maintenance of the goods.

Use of Website
Any use by you of Our website must be in accordance with Our Website Terms of Use as published from time to time.

General
(a) Nothing in these terms and conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
(b) This agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.