Privacy and Cookie Policy

  1. DEFINITIONS

In these "Terms & Conditions of Sales":

a)             The "Seller" means Gulmohar Dental Pty Ltd

b)             The "Buyer" means the person or corporation who buys or agrees to buy the Goods,

c)             The "Goods" means any item of whatsoever nature, which is sold by the Seller,

d)             "Terms" means these "Terms & Conditions of Sales",

d)            The "PPS Act" means the Personal Property Securities Act 2009 (Cth), and

e)             The terms "attaches", "collateral", "proceeds" "purchase money security interest" and "security interest" have the meanings given to them in the PPS Act, and "perfection" and "perfecting" have a meaning corresponding with the definition of "perfected" in the PPS Act.

2.             GENERAL

Notwithstanding anything contained in any order or other document from the Buyer, these Terms shall be the only terms, conditions or warranties applicable with the exception of any amendments agreed to by the Seller in writing

3.             FUTURE DEALING

Unless otherwise agreed to in writing by the Seller and notwithstanding any terms appearing in documentation provided by or on behalf of the Buyer, these Terms shall apply to all subsequent agreements by the Seller to supply the Buyer with goods.

4.             PAYMENT

Unless otherwise agreed by the parties in writing, payment shall be thirty (30) days from the date of invoice and date of delivery docket.

5.             INSOLVENCY & DEFAULT

If:

a)             The Buyer makes default in any payment due hereunder;

b)             A resolution is passed or proposed or a petition is presented or an application filed for the winding up of the Buyer;

c)             A receiver or receiver and Manager is appointed of the property or any part of the property by the Buyer;

d)             The Buyer makes or proposes to make any arrangement with its Creditors;

e)             The Buyer is placed under official management; or

f)              Execution is levied upon the assets of the Buyer for an amount in excess of $1,000.00 and is not within seven (7) days satisfied, payment of all amounts owing to the Seller shall immediately become due and payable, the Buyer must not sell, dispose of any interest in, or create any interest in, or otherwise deal with the goods or purport to do so and the Seller may at its option withhold further deliveries or cancel any contract without prejudice to its rights hereunder.

6.             PROPERTY

a)             Property in the Goods shall remain with the Seller and the Seller reserves the right to dispose of the goods until such time as:

i)              full payment is made for all amounts owing by the Buyer to the Seller so that the Buyer's total indebtedness to the Seller under these Terms is discharged; or

ii)             the Buyer sells the goods to his customers in the ordinary course of business.

b)             If the Buyer fails to pay any amount to the Buyer's total indebtedness to the Seller under these Terms when it is due to the Seller or, in the event of default as specified in the next sub-clause hereof, occurs the Seller may without notice and without prejudice to any other rights or remedies may enter upon the Buyer's premises or any premises where the goods are stored and re-take possession of all those goods; and the Buyer in the event of failure to pay as required hereby gives all permissions an consents necessary to allow the Seller to re-take possession of those goods.

c)             The Buyer grants the Seller a lien over all goods delivered to the Buyer by the Seller and that lien shall be dissolved upon the Buyer paying all amounts due and owing to the Seller

d)             The Buyer acknowledges that until his total indebtedness under these Terms to the Seller is discharged, a fiduciary relationship exists between them.

e)             Until the goods are paid for in full, the Buyer:

(i)             must protect and insure the Goods;

(ii)            must separately store the Goods and clearly mark the Goods as being the property of the Seller; and

(ii)           may sell the Goods in the ordinary course of business, but only in its capacity as fiduciary agent of the Seller. All proceeds received directly or indirectly from any dealing with the Goods are held by the Buyer on trust for the Seller until the Buyer’s liability to the Seller is fully discharged

7.             RISK

a)             Unless otherwise agreed in writing, all goods shall be at the Buyer’s risk upon delivery to the Buyer his carrier or agent.

b)             To the extent permitted by law, the Buyer assumes all risks and liabilities for consequences arising from the use of the Goods whether singly or in combination with other and indemnifies the Seller in respect of any such use. The Seller is not liable for any infringement of patent rights arising out of the use of Goods by the Buyer or the Buyer's instructions, express or implied. It is the responsibility of the Buyer to ensure that the Goods, when used by the Buyer, are not damaged and no liability will be accepted by the Seller for the consequences of the use of damaged goods by the Buyer.

8.             SECURITY INTERESTS AND THE PPS ACT

a)             The Buyer acknowledges that The Seller has, under these Terms, security interests in the goods until title in the goods passes to the Buyer in accordance with clause 6, subject to the PPS Act. Each such security interest secures payment by the Buyer of all amounts owing from time to time by the Buyer to The Seller, whether on account of the supply of goods or otherwise. To avoid any doubt, each such security interest attaches to the proceeds of collateral constituted by the goods, notwithstanding that the Buyer may have dealt in any way with the goods (including by selling or using up the goods as expressly permitted under clause 6).

b)             Each security interest arising under these Terms attaches to goods when the Buyer obtains possession of the goods. The Seller and the Buyer acknowledge that they have not agreed that any such security interest attaches at any later time.

c)             The Buyer agrees to implement, maintain and comply in all material respects with, procedures for the perfection of each security interest arising under these Terms under the PPS Act, including taking all steps necessary:

(i)             for The Seller to obtain the highest ranking priority possible in respect of each such security interest (such as perfecting a purchase money security interest); and

(ii)            to reduce as far as possible the risk of a third party acquiring an interest free of The Seller's security interests in the goods.

d)             Any time the Buyer makes a payment to The Seller, irrespective of whether the payment is made under or in connection with goods or otherwise under these Terms. The Seller may apply that payment:

(i)             first, to satisfy any obligation that is not secured;

(ii)            secondly, to satisfy an obligation that is secured, but not by a purchase money security interest; and

(iii)           thirdly, to satisfy an obligation that is secured by a purchase money security interest for that obligation and using proceeds from the sale of the collateral subject to that purchase money security interest; and

(iv)           fourthly, to satisfy an obligation that is secured by a purchase money security interest using funds or proceeds from any source;

or, despite the foregoing, in any manner The Seller sees fit.

e)             If chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under these Terms, the Buyer agrees that following provisions of the PPS Act will not apply to the enforcement of that security interest: Sections 95 (to the extent


that it requires The Seller to give a notice to the Buyer), 120, 121(4), 125, 128, 130 (to the extent that it requires The Seller to give a notice to the Buyer), 132(3)(d), 132(4), 135, 142 and 143.

f)              Without limiting the operation of clause 8.e):

(i)             the Seller need not give any notice under the PPS Act (including a notice of verification statement) unless the notice is required by the PPS Act and cannot be excluded; and

(ii)            if The Seller is required to give a notice to the Buyer under the PPS Act, and the Buyer may, under the PPS Act, waive the Buyer's right to receive that notice, then the Buyer hereby waives that right.

9.             GUARANTEE & WARRANTY

a)             Nothing in these Terms is intended to exclude, restrict or modify any statutory obligation of the seller implied by the Competition and Consumer Act 2010 or any Legislation which cannot be lawfully excluded.

b)             Except where the Buyer is a Consumer for the purpose of Competition and Consumer Act 2010 and the conditions and warranties and rights implied by that statute cannot be excluded, and subject always thereto representations promises, statements, warranties and conditions [whether (subject as aforesaid) statutory express or implied] regarding any good or services supplied by or on behalf of the Seller are expressly excluded. To the extent permitted by law the Seller shall not be liable for any loss or damage whatsoever and howsoever arising whether direct, indirect or consequential or in respect of any claim whenever and however made for any loss, damage, deterioration, deficiency or other fault of harm in the goods manufactured, work executed or services provided by or on behalf or in any arrangements with the Seller its servants or agents.

c)             As soon as any of the facts or matters, which form any part of any claim or complaint whatsoever become known to the Buyer, the Buyer shall within fourteen (14) days notify the Seller in writing of the same.

d)             The Seller's liability shall be limited in all circumstances to the repair or replacement or monetary compensation at the option of the Seller of any goods manufactured or sold by it which are returned upon written authority of the Seller.

e)             The seller shall not be liable in any circumstances for any:

(i)             defects or damage caused in whole or in part by misuse, abuse, neglect, improper installation repair or alteration (other than by the Seller) or accident.

(ii)            any transport, installation, removal, labour, or other costs.

(iii)           goods not manufactured by it, but the Seller will endeavour to pass on to the Buyer the benefit of any claim made by the Seller and accepted by the Buyer and the benefit of any claim made by the Seller and accepted by the manufacturer of such goods under a warranty given by the manufacturer provided that nothing contained in this sub-paragraph shall limit the rights of the Buyer to proceed against the Seller pursuant to the Competition and Consumer Act 2010 .

(iv)           technical advice or assistance given or rendered by it to the Buyer whether or not in connection with the manufacture, construction or supply of goods for or to the Purchaser provided always that the Company has rendered such service with due care and skill and that any materials supplied in connection with those services are reasonably fit for the purpose for which they are supplied.

10.           PRICE

All Goods sold are at the price current at the time of delivery. The price, unless otherwise stated, includes delivery within the area stipulated in the sales contract only.

11.           FORCE MAJEURE

Deliveries may be totally or partially suspended by the Seller during any period in which the Seller may be prevented or hindered from effecting delivery by its normal means of supply or delivery by normal route by reason of any circumstances outside its reasonable control (including, but not limited to strikes, lockouts, shortages of materials, accidents or breakdowns of plant or machinery). In the event that because of short supply of any material or finished stock the Seller should be unable to supply, it may in its sole and unfettered discretion supply a proportion of available supply to any of its customers without being thereby in breach of contract.

12.           INSURANCE

In the event that the goods are covered by insurance taken out by the Seller, the Seller will only be liable to the extent of any indemnity provided.

13.           CLAIMS

Unless the Buyer shall within seven (7) days from delivery of any Goods give notice to the Seller of any matter or thing by whereof it may be alleged that any Goods are not in accordance with these Terms, the said Goods shall be deemed to be in all respects in accordance with these Terms and the Buyer shall be bound to pay for the goods accordingly.

14.           WAIVER

Failure by the Seller to insist upon strict performance of any term or condition hereof shall not be deemed a waiver thereof or of any rights which the Seller may have and shall not, and nor shall any express waiver, be deemed to be a waiver of any subsequent breach of any term or condition.

15.           WEIGHT

In the absence of proven defect in Seller’s system of weighing, the weight of Goods sold hereunder shall be the weight determined by the Seller’s system of weighing prior to delivery.

16.           CANCELLATION

Subject to any rights under the Competition and Consumer Act 2010 and without limiting any of the Buyer's rights, any order may only be cancelled, varied or suspended with the written consent of the Seller.

17.           HEALTH & SAFETY

It is the Buyer’s responsibility to ensure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage handling and use of the Goods and where information is supplied to the Buyer on potential hazards relating to the goods to bring such information to the attention of its employees agents sub-contractors, visitors and customers. Without prejudice to the foregoing, it is also the Buyer’s responsibility to provide safe facilities for the reception of the Goods into storage. The Buyer hereby indemnifies and shall keep indemnified the Seller against all actions, claims, demands, summonses, suits, proceedings, judgements, orders or decrees arising out of, or in connection with, any act or omission of the Buyer in respect of its obligations pursuant to this clause.

18.           DESCRIPTION OF GOODS

Any description of Goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.

19.           SUITABILITY OF GOODS

As the seller cannot anticipate every possible application for its Goods nor variations in manufacturing equipment and methods, all Goods are sold on the condition that the Buyer relies on his own ability to determine the suitability of any goods for a particular purpose. Statements concerning the possible use of the Seller’s Goods are not intended as recommendations for use.

20.           PROOF OF DELIVERY

The Seller’s delivery records shall be prime facie proof of delivery of the Goods of the quantity and description stated therein in good order to the Buyer.

21.           NOTICES

Any notice, communication or other document authorised or required to be given pursuant to the Terms may be sent by telex or facsimile transmission.

VARIATION OF TERMS

  1. These Terms may only be amended or varied by agreement in writing of the parties hereto.

What we collect

We may collect the following information:

  • name
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

For the exhaustive list of cookies we collect see the List of cookies we collect section.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by letting us know using our Contact Us information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email us this request using our Contact Us information.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

Cookie Name Cookie Description
FORM_KEY Stores randomly generated key used to prevent forged requests.
PHPSESSID Your session ID on the server.
GUEST-VIEW Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.
MAGE-CACHE-SESSID Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY Facilitates caching of content on the server to make pages load faster.
MAGE-TRANSLATION-FILE-VERSION Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE Facilitates translation of content to other languages.
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