Terms and Condition of Sale
These Term and Conditions (“T&Cs”), as amended from time to time apply to all sales of Goods (as described in the Order) by the PLEGA Healthcare Pty Ltd, ABN. 14 385 440 019) (“PLEGA”) to the Customer.
In these T&Cs:
“ACL” means the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Claim” means any actual, contingent, present, or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance, or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.
“Contract” means a contract formed because of the acceptance of an Order by PLEGA.
“Control” has the meaning set out in the Corporations Act 2001 (Cth);
“Customer” means the Customer set out in any quotation, offer or other document provided by PLEGA (or, in the absence of such information, the Customer who placed the Order);
“Cooling-Off Period” means a period of 10 business days;
“Delivery Address” means any delivery address in a Contract;
“Delivery Date” is the time notified to the Customer being an estimate only and PLEGA is not responsible for late or non-delivery.
“Goods” means any product sold to the Customer by PLEGA as set out and defined in the Order.
“Liability” means any loss, liability, cost, payment, damages, debt, or expense (including but not limited to reasonable legal fees).
“Order” means any written or verbal purchase order by the Customer to PLEGA for Goods.
“Personnel” means any employee, servant, contractor, subcontractor, agent, partner, director, or officer of a party; and
“Price” means the price of the Goods and/or Services (including but not limited to any delivery or other charges).
3.1 Any Order by the Customer accepted in writing by PLEGA for the supply of Goods will constitute a Contract.
3.2 If PLEGA accepts an Order, the Customer must pay the Price to PLEGA as set out in the Order.
3.3 If the Customer defaults under these terms and conditions, PLEGA may cancel, suspend, or vary the terms and conditions of any incomplete Order that has been accepted by PLEGA without notice to the Customer and without being liable to the Customer. PLEGA may cancel any Order it receives at any time prior to acceptance in writing and payment of the invoice.
3.4 PLEGA is not responsible to the Customer for a breach of its obligation to supply the Goods pursuant to an Order PLEGA has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of PLEGA (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
3.5 Under no circumstances is PLEGA liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the PLEGA’s liability is limited to the order price of the Goods.
4.1 If PLEGA agrees to deliver Goods to the Customer, PLEGA:
(a) may charge delivery charges.
(b) may engage a third party to deliver the Goods.
(c) will endeavour to deliver the Goods to the Delivery Address on the Delivery Date; and
(d) may charge further delivery charges if the Customer is unable to receive delivery of the Goods at the Delivery Address or on the Delivery Date or in accordance with any other delivery arrangements or requests PLEGA to postpone delivery of the Goods beyond the Delivery Date or dates specified in the Order.
4.2 PLEGA will not be liable for any delay in the delivery of Goods to the Delivery Address.
4.3 The Customer is responsible for ensuring that the Delivery Address is a capable of receiving the delivery of the Goods on the Delivery Date.
4.4 PLEGA may deliver any Goods to any person at the Delivery Address who has apparent authority to receive delivery of the Goods.
4.5 The Customer will inspect any Goods immediately on delivery of the Goods and will be deemed to have accepted the Goods unless the Customer provides immediate written notice to PLEGA that the Customer rejects the Goods.
4.6 If PLEGA is unable to deliver Goods that the Customer has ordered, PLEGA will endeavour to contact the Customer, or the Customer may contact PLEGA to arrange for delivery at a different time. PLEGA may charge the Customer an additional delivery free for any second attempted delivery.
4.7 PLEGA will hold onto Goods for 7 days after notifying the Customer that their Order is ready for collection. If the Customer fails to collect their Goods within 7 days after PLEGA notifies them that their order is ready for collection, PLEGA reserve the right to cancel the Customers Order.
5.1 The Price in any Order is inclusive of GST and is specific to that order only and do not apply in any other circumstances
5.2 PLEGA will issue the Customer a Quote/Proforma Invoice/Tax Invoice, each constitute the fixed price of the Goods as well as the payment terms and description of Goods being purchased. The Customer will be required to pay the Order in full prior to delivery. Upon payment being verified with PLEGA’s nominated bank account the Customer will receive a receipt of payment.
5.3 If agreed upon by PLEGA, a Customer may be granted payment terms. From the point of delivery, the Customer has a prescribed amount of business days (described in the Customer’s Order) to make full payment of their order.
5.4 The Customer must not withhold, make deductions from, or set-off, payment of any money owed to PLEGA for any reason.
5.5 PLEGA may charge, in addition to the Price, interest and any other fees and charges that PLEGA notifies to the Customer from time to time.
6.1It is expressly agreed and declared that the Product delivered by PLEGA to the Customer remains the sole and absolute property of the PLEGA as legal and equitable owner until all money due to PLEGA has been paid to the PLEGA, but such Product will be at the Customer’s risk from the time of delivery of the Product to the Customer.
6.2The Customer’s right to possession of the Product ceases if it does anything or fails to do anything which would entitle a receiver, a receiver and manager, an administrator, or a trustee to be appointed in respect of the Customer, its undertaking or property or any part thereof, or entitle a person to present a creditor’s petition for winding up the Customer.
6.3Until title in the Goods passes to the Customer in accordance with these T&Cs, the Customer will:
(a) be only a bailee of the Goods.
(b) ensure the Goods are kept separate and identifiable from other goods.
(c) not grant any charge over, or interest in, the Goods to any third party.
(d) return any Goods to PLEGA immediately on request.
(e) authorise PLEGA or any agent of PLEGA to enter any land and premises owned, occupied, or controlled by the Customer where the Goods are located and take possession of the Goods; and
(f) hold the proceeds from any sale or disposal of the Goods on trust for PLEGA.
6.4 The risk of loss or damage to the Product passes to the Customer on the Delivery Date
PLEGA will not be liable to the Customer for any failure to perform, or delay in performing, PLEGA’s obligations under these T&Cs if the failure or delay is due to any cause beyond PLEGA’s reasonable control and if any such failure or delay continues for a period of 14 days PLEGA may terminate any affected Contract.
8.1 No supply of Goods to the Customer will grant to the Customer any Intellectual Property Rights in respect of the Goods.
8.2 ‘PLEGA’ is trademarked and the property of PLEGA Health Care Pty Ltd.
9.1 PLEGA acknowledge that the supply of Goods are “Customer” goods, under applicable State, Territory or Commonwealth Law (including without limitation the ACL) certain statutory expressed or implied guarantees and warranties will be implied into this Contract.
9.2 PLEGA excludes all express and implied conditions and warranties in relation to the Goods except those conditions or warranties that cannot be excluded by law or are included in this contract.
9.3 Nothing in these T&Cs are intended to have the effect of contracting out of any applicable provisions of the ACL except to the extent permitted by the ACL.
9.4 The Goods come with guarantees that cannot be excluded under the Australian Customer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is 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.
9.5 Returns and exchanges are governed by PLEGA’s Returns Policy in clause 12.
10.1 Any claim by the Customer as to incorrect performance or breach of these terms and conditions (other than a claim made for a breach of warranty must be made to PLEGA in writing within 30 days of delivery, for which time is of the essence.
10.2 Where a claim relates to the warranties under Clause 9 PLEGA will do the following
(a) replace the Goods.
(b) provide a refund for the Goods.
(c) the payment of costs of replacing the Goods or of acquiring equivalent goods; or
(d) the payment of costs of having the Goods repaired.
10.3 Subject to the above clause, PLEGA shall not become liable to the Customer for any loss or damage suffered by the Customer where such loss and damage is caused in whole or in part by:
(a) the failure of the Customer to comply with PLEGA’s User Manual/Care Labels/Warning Labels in relation to the use of the Goods; and
(b) misuse, neglect, alteration by the Customer or a third party in relation to the use of the Goods.
The Customer indemnifies PLEGA and each member of PLEGA’s Personnel on a full and continuing indemnity basis from and against any Liability or Claim arising directly or indirectly in relation to:
(a) the Customer’s breach of these T&Cs.
(b) the negligence or wilful misconduct of the Customer.
(c) damage to the property of the Customer or any third party during any delivery of Goods to the Customer.
(d) any tests conducted by a third party in relation to Goods as directed by the Customer.
(e) the Customer or any member of the Customer’s Personnel directly or indirectly causing any delay in the supply of any Goods.
(f) the Customer or any member of the Customer’s Personnel refusing to accept any delivery; or
(g) the Customer or any member of the Customer’s Personnel purporting to cancel a Contract.
12.1PLEGA will not provide refunds or exchanges in respect of the Goods if the Customer has simply changed their mind about the Goods.
12.2 PLEGA will provide a refund or exchange subject to:
(a) the Customer having completed and returned the PLEGA Warranty Registration Forms to PLEGA within 10 days of delivery of the Goods or completed the Warranty Registration Form located on the PLEGA website at www.PLEGA.com.au/products/register-your-warranty
(b) the Customer ceasing use of the Goods.
(c) notifying PLEGA within a reasonable period about the defect via the contact details listed in clause 15.
(d) Provision of proof of purchase.
(e) Upon inspection of the Goods by PLEGA, that the Goods are not faulty due to neglect, abnormal use, or the actions of the Customer after purchase of the Goods.
(f) The return of all manuals, accessories and documentation included in the original packaging of the Goods; and
(g) That the Goods are returned within a reasonable time after discovery of the defect.
12.3 PLEGA will endeavour to provide refunds within 7 days of receiving the returned Goods via the original payment method.
12.4 PLEGA will endeavour to provide exchanges and reimbursements of return delivery costs within 21 days of receiving the returned Goods.
13.1 The Cooling-off period only applies to the following Contracts between the Customer and PLEGA:
(a) Contracts negotiated by unsolicited telephone sales where the cooling-off period begins on the day the Customer receives the agreement document.
(b) Contracts negotiated via unsolicited door-to-door sales where the cooling-off period begins on the first business day after the Contract is signed.
14.1 These T&Cs or any Contract may only be amended with PLEGA’s express written agreement.
14.2 Any waiver by PLEGA must be express and in writing.
14.3 PLEGA’s rights under these T&Cs or any Contract do not exclude any other rights of PLEGA.
14.4 If any provision of these T&Cs or any Contract is unenforceable, the provision will be severed, and the remaining provisions will continue to apply.
14.5 PLEGA may assign any rights or benefits under any Contract or these T&Cs or any Contract to any third party.
14.6 The Customer may only assign any rights or benefits under any Contract or these T&Cs or any Contract with PLEGA’s prior written consent.
14.7 These T&Cs and any Contract will be governed by the law of Victoria, Australia.
14.8 In these T&Cs:
(a) the headings will not affect interpretation of these T&Cs.
(b) the singular includes the plural and vice versa, and a gender includes other genders.
(c) any other grammatical form of a word or expression defined in these T&Cs has a corresponding meaning.
(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented, or replaced from time to time.
(e) a reference to a party to a document includes the party's executors, administrators, heirs, successors in title, permitted assigns and substitutes.
(f) a reference to a person includes a natural person, body corporate, partnership, trust, association or any governmental, administrative, or judicial body, tribunal, department, commission, authority, agency, minister, corporation or instrumentality or any other entity.
(g) a reference to a statute, ordinance, code, or other law includes regulations, rules and other instruments under the statute, ordinance, code or other law and any consolidations, amendments, re-enactments, or replacements.
(h) the meaning of general words is not limited by specific examples introduced by “including”, “for example” or similar expressions.
(i) any agreement, representation, warranty, or indemnity by two or more parties binds those parties jointly and severally.
(j) any undertaking by a party not to do any act or thing will be deemed to include an undertaking not to permit or suffer the doing of that act or thing; and
(k) if a day on or by which an obligation must be performed or an event must occur is not a business day, the obligation must be performed, or the event must occur on or by the next business day.
PLEGA’s contact details are as follows:
PLEGA Health Care Pty Ltd A.C.N 007 409 261
1 Kerr Court, Rowville Vic 3178 Australia
Tel: 1300 888 648
Fax: +61 3 9763 7544
Terms and Condition of Online Sales
1.1 In order to place an order, you must create an account, unless you prefer to use the "Guest Checkout" feature.
1.2 You are not permitted to create an account on behalf of someone else.
1.3 If you become aware of any actual or potential unauthorized use of your password or account, you must notify us immediately.
1.4 Plega will not be liable for any loss, damage, cost, or expense resulting from incomplete or inaccurate account information, or any unauthorized use of your password or account that occurs before notifying us.
1.5 If Plega incurs any loss, damage, cost, or expense due to unauthorized use of your password or account that occurs before notifying us, you may be required to reimburse us upon our request.
2.1 You may place an order by following the instructions provided on our website.
2.2 We strive to ensure accurate descriptions of all goods on our website. However, there may be occasional errors, and we reserve the right to correct any errors or inaccuracies even after you have placed an order.
2.3 To the extent permitted by applicable law, we do not warrant the accuracy, completeness, reliability, currentness, or error-free nature of product descriptions, colors, information, or other content available on our website.
2.4 While we make every effort to display colors and styles accurately, please note that colors and styles may appear differently on different displays and screens. Any returns based on color variations will be considered a change of mind and handled accordingly.
2.5 On rare occasions, our suppliers may be unable to deliver products to us, or the products delivered may not meet our quality standards. Therefore, we reserve the right to withdraw any products from our website, edit or remove any materials or content, and cancel your order prior to dispatch. In such cases, we will notify you by email, and you may choose to receive a store credit or a refund for the value of the unavailable product.
2.6 We reserve the right to refuse to process or refuse service to anyone at any time at our sole discretion. While we strive to process all orders, there may be exceptional circumstances where we have to withdraw goods, remove or edit content on our website, or refuse to process or accept an order even after sending you an order confirmation. In such cases, we will not be liable to you or any third party.
3.1 By submitting an order, you are making an offer to purchase the goods at the price indicated on our website, including the delivery charge and any applicable additional charges.
3.2 Plega reserves the right to accept or reject your offer at its absolute discretion. This includes the right to reject orders for commercial quantities of goods.
3.3 If you place an order on behalf of someone else to receive the goods, you must obtain their consent and confirm it to Plega when placing the order.
3.4 You are responsible for entering all information accurately when placing an order, and you warrant that all information provided is complete, true, and accurate.
3.5 Once an order is accepted by Plega, it cannot be cancelled or changed unless permitted under these terms and conditions.
3.6 Plega will not be liable for any loss, damage, cost, or expense resulting from incomplete or inaccurate order information or the inability to change or cancel an order once it has been accepted, except as otherwise required by law.
4.1 Payments for goods must be made using a credit card (Visa or Mastercard). If the name on the payment method does not match the order, Plega may refuse to accept the order or request additional information, such as proof of identity, as part of its fraud detection processes.
4.2 By providing your credit card, you authorize Plega to deduct the price and applicable delivery charges from the provided card.
4.3 Plega reserves the right to change the available payment methods at any time at its discretion.
4.4 Goods will only be dispatched once payment has cleared. If your payment cannot be processed, your order will be rejected, and we will notify you by email.
4.5 We use industry-standard encryption to secure your personal information during the payment process. We do not permanently store your credit card or bank details. Plega will not be liable for any damages or losses caused by fraudulent use of a customers card.
4.6 To minimize the risk of fraudulent use, we may undertake reasonable efforts to validate the order and payment method. This may include requesting proof of identity and conducting formal checks. While we strive to prevent unauthorized use, we cannot guarantee complete protection against fraudulent third-party activity. In cases of high-value orders or suspected card fraud, we may hold the order until confirming its legitimacy. If we cannot reasonably rule out fraudulent card use before processing your order, we may choose to cancel it and notify you by email.