In these Terms and Conditions “we” and “us” mean Casemate Pty Ltd (ABN 63 050 164 568) trading as City Dental Supplies and “you” means you the customer. These Terms and Conditions together with your order constitute the entire Contract between us and you for the supply of products.
We may vary these Terms and Conditions by posting on this website 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.
1.1. We sell and ship products only within Australia. We will not make deliveries outside of Australia.
1.2. We only sell and ship products to Dental and Medical Professionals. We do not sell to the general public.
2. Placing your Orders
2.1. You may place an order by completing the Order Form on our website or catalogue and submitting the order to us via fax, email or telephone. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. We do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion. If we cannot process or accept your order after payment is received we will contact you by email or telephone.
3.1. You will pay the full price of each order to us strictly within 30 days of goods received or as notified by us in our statement to you. If payment is not made on or before the due date we may without notice enter any premises where the products may be stored, retake possession of the products and may sell the products on such terms and in such manner as we may determine and will be entitled to deduct all expenses incurred. For the purpose of recovering possession you hereby irrevocably authorise and licence us and our servants and agents to at any time and without notice and to retake possession of the products which have not been paid for in full.
3.2. All applicable taxes, duties or levies (including GST) on the sale of the products will be to your account.
3.3. If payment is not received from the Client within the 30 day period, we reserve the right to charge interest at the rate of 2% 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.
4.1. We always seek to list our products with the most competitive prices, however, we do reserve the right to change prices as appropriate and all orders are accepted by us on the condition that they will be invoiced at our prices ruling at the date of despatch. The price of products shown excludes shipping costs.
5.1. Delivery time will be notified to you at the time of your order however we endeavour to deliver within 10 working days from the date your payment is received.
5.2. 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.
5.3. You must notify us within 48 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.
5.4. We reserve the right to make part deliveries of any order, and each part delivery will constitute a separate sale of products upon these Terms and Conditions. A part delivery of any order will not invalidate the balance of an order.
6.1. Risk in each order will pass to you upon delivery of that order to you or as you direct.
6.2. 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 as we direct.
7. Retention of Title
7.1. 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.
7.2. Subject to the clause 8 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.
7.3. Notwithstanding the provisions above, we will be entitled to maintain an action against you for the purchase price.
8. Personal Property Securities Act 2009 as amended (“PPSA”)
8.1. 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.
8.2. 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:
8.2.1. 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;
8.2.2. any purchase by you on credit terms from us or retention of title supply will constitute a purchase money security interest (“PMSI”);
8.2.3. 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;
8.2.4. we shall continue to hold a Security Interest in the products in accordance with and subject to the PPSA, notwithstanding that the products may be processed, co-mingled or become an accession with other products;
8.2.5. 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;
8.2.6. 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
8.2.7. 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.
8.3. In order to secure our interests under these terms and conditions, you undertake to:
8.3.1. 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);
8.3.2. 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;
8.3.3. not register or permit to be registered a Financing Change Statement in the Collateral without our prior written consent;
8.3.4. 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.
8.4. We agree that sections 96, 125, 132(3)(D), 132(4) and 135 of the PPSA do not apply to these terms and conditions.
8.5. 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.
8.6. You shall unconditionally ratify any actions taken by us under this clause 8.
8.7. This clause 8 will survive termination of any contractual relationship between us arising under these terms and conditions, to the extent permitted by law.
9. Acceptance of Products
9.1. You will inspect the products immediately upon delivery to you agree to notify us within 7 days of receiving the goods, of any defective goods supplied prior to returning. If notification is not received by the Client within said 7 days, we reserve the right to refuse claims/returns of goods. All goods returned must be unopened and in original packaging. Cost incurred of returned goods will be at sender’s expense.
9.2. 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:
9.2.1. reduce the purchase price by agreement with you;
9.2.2. 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
9.2.3. replace the products,
and no additional claims of any nature whatsoever may be made against us.
9.3. No return of the products will be accepted unless you obtained from us a service call reference number. Products returned with such a number may attract a handling fee of 15% of the invoiced value of the products. Products returned without such a number will attract a handling fee of 25% of the invoiced value of the products. No handling fee will apply if products are returned following receipt by us of notification by you of a justified claim together with a service call reference number. 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.
10. Advice and Information
10.1. 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 website 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.
11. Limitation of Liability arising from your trading with us
11.1. These trading terms, to the extent that they exclude or limit our liability, will apply only to the extent permitted by law.
11.2. Subject to clause 11.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss in contract, tort, under any statute or otherwise (including negligence) arising from or connected to these terms and conditions.
11.3. Our liability will be limited, to the extent permitted by law, at our option, to,:
11.3.1. the replacement of the products or the supply of equivalent product;
11.3.2. the repair of the products;
11.3.3. the payment of the cost of replacing the products or of acquiring equivalent products; or
11.3.4. the payment of the cost of having the products repaired.
11.4. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
11.5. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
12.1. If you breach any of the terms and conditions contained in this website then we may at any time and without prior notice suspend or terminate any agreement that we have with you.
13. Health and Safety Compliance
13.1. You agree that it is your responsibility to ensure that all applicable health and safety regulations are observed and other appropriate steps are taken in relation to the storage, handling and use of the products and, where information is supplied to you on potential hazards relating to the products, to bring such information to the attention of your employees, agents, sub-contractors, visitors and customers. Without prejudice to the forgoing, it is also your responsibility to provide safe facilities for the reception and storage of the products and to comply with all applicable health and safety regulations immediately on delivery of the products to your premises and/or to your storage facilities.
15.1. 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.
15.2. If you have any comments regarding our products or services we can be contacted at firstname.lastname@example.org. The address is Unit 3, 1-7 Union St, Stepney SA 5069 or PO Box 651, Stepney SA 5069.
16. Governing Law
16.1. These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of South Australia. The courts of the State of South Australia 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.