Terms and Conditions
PACIFIC SLEEP TERMS AND CONDITIONS OF HIRE OF CPAP, BIPAP, OXYGEN CONCENTRATORS OR OTHER PRODUCTS
- Equipment hired remains the property of PSS.
- There will be no refunds for equipment returned before the due date, and that there will be no refunds on rental equipment and/or services provided by PSS (this does not affect any rights you may have under NSW Fair Trading Law).
- From commencement date, the Hirer shall pay PSS the agreed rental fee by pre-approved payment method, as well as provide a security deposit and/or a copy of credit/debit card for security purposes.
- The Hirer is responsible for the correct use and maintenance of the equipment. By accepting the equipment, the Hirer acknowledges that he/she has received proper instructions in the use of the equipment (and or it has been installed properly) and will rely on his/her own skill and care when using the equipment. The Hirer is responsible for advising if he/she requires further assistance in relation to the use of the equipment.
- The Hirer acknowledges that PSS will not be responsible for injury or loss caused to self or any other person, as a result of the use of the equipment once the equipment is accepted. The Hirer shall be deemed to have accepted the equipment on delivery and departure from the delivery site of the PSS representative after (where applicable) any instruction has been given to the borrower by the PSS representative.
- The Hirer must immediately report any problem in the use of the equipment to PSS. The Hirer acknowledges that PSS is not responsible for the cost of damages to equipment, and that the Hirer will be responsible for any costs of repair or replacement of products where it is deemed the Hirer is responsible for the damages.
- The Hirer must not take the equipment interstate or overseas unless authorised in writing to do so by PSS.
- In the event that the item is stolen, a police report is required to be provided by the Hirer to PSS before any insurance claim can be made.
- The Hirer agrees to return the rental equipment to PSS on or before the return due date. The Hirer acknowledges that once equipment is returned to PSS in the same working condition and rental is paid to date returned (including any outstanding amounts), that any deposit shall be returned by PSS (if applicable) and any recurring payments voided.
- The Hirer accepts that the rental agreement will extend each month, with the rental amount to be paid by the Hirer, by pre-approved payment method, unless the equipment is returned by rental due date and PSS notified.
- The Hirer accepts that it is the Hirer’s responsibility to notify PSS of any change of circumstance.
- The Hirer acknowledges that equipment that is not returned to PSS on or before the return date incurs an additional rental fee for the rental period in arrears to the discretion of PSS. The Hirer acknowledges that if product(s) are not returned within 14 days of rental due date and no contact is given, that PSS is entitled to deduct from security deposit/given card details, the amount outstanding for rental in arrears.
- The Hirer agrees that if he/she does not contact PSS within 30 days of rental in arrears, PSS is entitled to deduct/claim the full retail price of the equipment held by the Hirer on rental conditions at their discretion.
Medical Advice Disclaimer
The information provided by our company is of a general nature with regards to Obstructive Sleep Apnoea and Chronic respiratory diseases. It is specific with regards to CPAP devices and mask fitting, and oxygen concentrators for home use. This information is not intended, nor implied to be a substitute for professional medical advice. The patient should always consult his or her physician to determine the appropriateness of the information for their own situation or if they have any questions regarding a specific medical condition or treatment plan.
PACIFIC SLEEP GENERAL TERMS AND CONDITIONS
These Terms and Conditions outlined apply to any order, purchase, receipt, delivery or use of any products, site, page or communication to or from Pacific Sleep. By placing an order and accepting delivery of the Goods purchased from Pacific Sleep and described on your invoice, you expressly agree to be bound by and accept the following terms and conditions. These terms and conditions are subject to change without prior written notice at any time, and at Pacific Sleep's sole discretion.
Definitions.
a. “We”, “us” and/or “our” means Pacific Sleep, its directors, officers or employees.
b. “You” or “your” means the individual or entity named on the invoice.
- “Site” means the web site hosted at pacificsleep.com.au
- “Goods” or “Equipment” means any product, equipment which can be purchased from the online store at pacificsleep.com.au
- “Consumables” means any item with a limited lifecycle. Consumables may include filters and cleaning materials.
- “Metro” area means the metropolitan areas around Australian Capital Cities.
Intellectual Property
We provide a limited intellectual property indemnity on our equipment against an allegation that the equipment infringes the intellectual property rights of a third party in Australia on the condition that you co-operate with any proceedings or settlement negotiations which may result. Details of the intellectual property indemnity are available from us on your request.
Payment and Delivery
Payment Terms & Orders:
Advertised prices are in Australian Dollars and, unless otherwise noted, exclude delivery costs which will be calculated as part of the checkout process. Payment for both Goods and shipping costs must be received by Pacific Sleep before we will accept and process an order.
Only orders for delivery within Australia are accepted.
Orders will usually be shipped within 3 days of your order being placed and receipt of your order can normally be expected within 4-7 days in Metro areas. Delivery to rural areas may take significantly longer.
While we shall endeavour to meet the delivery date indicated however we shall not be responsible for any loss or damage suffered as a result of the failure to meet any delivery date.
We are not responsible for goods delivered incorrectly by delivery partners.
Prices
All prices and offers are quoted in Australian Dollars and are subject to change and availability.
Medical Advice
You expressly acknowledge that we have not provided you with any medical advice and have made no representations in relation to the suitability of the Equipment or the Consumables for your medical condition; you further confirm that you have obtained and will continue to obtain and comply with medical advice from a qualified medical practitioner.
Instructions and Safety
You acknowledge that we have provided you with and that you have read and fully understand instructions in respect of the operation and maintenance of the Equipment. You expressly acknowledge and agree that Equipment must only be used for its intended purpose(s) and in accordance with the supplied instructions. You further agree that should you will immediately advise us of any defect in the Equipment. Instructions provided will be related to the goods purchased, and you agree that it is your responsibility to read and understand the instructions.
Repair Warranty
Should you deem an item to be in need of repair under warranty, you must first contact us and we will first ascertain the nature of any issue, and how repair, if necessary is to be affected. Should any Equipment under warranty be agreed as in need of repair, we will provide full instruction on the procedure in which it is to be returned to Pacific Sleep. You will be responsible for the adequate packaging of any Equipment for return, and will also need to arrange Shipping. Upon receipt of the Equipment, we will provide you with an acknowledgement of receipt and provide further estimates as to the likely timeframe of repair.
Return Policy
We are unable to accept return of Goods or Equipment which has been incorrectly ordered or which is no longer required, however we may in certain circumstances agree to the return of goods in this category.
If Pacific Sleep agrees to the return of goods, a charge of $50.00 or 10% of the value of the goods being returned (whichever is the greater) will be deducted from the credit to cover the initial shipping cost and administration overheads.
All goods being returned must be in as new condition and in original packaging.
To apply for a Goods Return Procedure and to obtain an RA (Return Authority), please contact Pacific Sleep on info@pacificsleep.com.au.
Products
Pacific Sleep continually upgrades and revises its products offerings. Pacific Sleep may revise and discontinue products at any time without prior notice to customers. Product images used on this web site are for representative purposes only, and there may be minor deviations in colours or non-functional designs of equipment. At our sole discretion, we may ship products that have the equivalent functionality and performance of the products ordered. Spare parts may be new or reconditioned. You agree that is is your responsibility to ensure that equipment and goods are set, fitted and correct to your requirements. You agree that Pacific Sleep are not responsible for equipment that does not function in any way other than intended. You agree that it is your responsibility to select goods and products, and that Pacific Sleep does not need to refund you for incorrectly purchased products, goods or equipment incorrectly purchased by yourself.
Product Liability
Pacific Sleep does not accept liability for the unavailability of Goods or Equipment. Further you express acknowledge and agree that Pacific Sleep will not be held liable for direct, indirect or consequential damages, including but not limited to loss of revenue, profit, goodwill, be this indirectly or directly caused by the supply of, incorrect installation, use or maintenance of Goods or Equipment supplied. You further agree and acknowledge that Pacific Sleep will not be held responsible for loss of data or information caused by the Supply of, or use of Goods, Equipment.
Further, you agree that Pacific Sleep will not be held liable for products lost or damaged during Shipping.
Liability & Indemnity
In no circumstances shall We or any other party who has created, edited, produced, distributed or who maintains the Content for this Site be liable for any direct, indirect or consequential damages, including for, but not limited to loss of data, loss of revenue or profit or loss of goodwill (even if we have been so advised as to the actuality or possibility of such losses) resultant from, but not limited to, Your use of or inability to use the Site, unauthorised access to, modification of, or misuse or theft of your account data (which you must hold and keep confidential and for your own personal use at all times), or unauthorised misuse or theft of data sent to, from or via this website, or wilful or negligent acts of Pacific Sleep, its officers, affiliates, employees or representatives.
Third party links
You explicitly agree and acknowledge that Pacific Sleep, is not responsible or liable for any claim for loss of data, information, profit, revenue, or good will caused by the reliance of any information, content or transaction performed on any third-party Site, or for the accuracy, completeness or content reached or contained on such third-party sites.
Your use of this Site
You expressly agree to indemnify and hold Pacific Sleep and its officers, directors, affiliates, employees and or representatives (including 3rd party representatives) harmless from any claim or demand, made by any you or any third party due to or arising out of Your use of the Site, content or instructions held on this Site, your connection to the Site, your violation of theses Terms of Use, or your violation of any rights of any another individual, party or entity.
Through using or continuing to use this Site, you expressly acknowledge that you have read, understand in full, and will abide by all conditions as are laid out in these Terms of Use or elsewhere within instructional information contained on this Site.
Account Data
You expressly warrant and agree that any personal information that you have supplied for the purposes of creating an Account or for entering into a transaction for us to supply Goods or Equipment is accurate and truthful, and furthermore you undertake to update and keep valid at all times all Account data. You agree that it is your responsibility to correctly enter your information for shipping and contact. You agree that Pacific Sleep is not responsible where information is entered incorrectly by yourself.
If you have any questions or queries regarding these terms and conditions, please do not hesitate to contact us.
