General terms and conditions of supply
Cypress Medical
Background
Cypress Medical Pty Ltd is an Australian-owned medical and healthcare supplier.
The Customer wishes to purchase goods and/or services from Cypress Medical and agrees to be bound by these Terms and Conditions.
These Terms and Conditions of Supply (Terms) govern all supplies made by Cypress Medical to the Customer.
Definitions
Unless the context otherwise requires:
- Cypress Medical means Cypress Medical Pty Ltd (ABN: 81 685 594 325).
- Business Day means a day other than a Saturday, Sunday, or public holiday in New South Wales.
- Contract means the agreement formed when Cypress Medical accepts an Order, incorporating these Terms, any applicable price list, invoice details, and any written variations agreed by Cypress Medical.
- Customer means any person or entity that places an Order or purchases Goods or Services from Cypress Medical.
- Goods means products supplied or arranged to be supplied by Cypress Medical, including goods fulfilled by third-party suppliers on a drop-ship basis.
- Order means a purchase order or online order submitted by the Customer.
- PPSA means the Personal Property Securities Act 2009 (Cth).
Application
These Terms apply to all supplies of Goods and Services by Cypress Medical.
No additional terms proposed by the Customer apply unless expressly agreed in writing by Cypress Medical.
These Terms supersede all prior negotiations and agreements.
If any provision is invalid or unenforceable, it will be severed without affecting the remaining provisions.
Orders
Cypress Medical may accept or reject any Order at its discretion.
All Orders are subject to availability.
Order cancellation requires written approval from Cypress Medical and may incur costs where fulfilment has commenced.
Cypress Medical’s records are prima facie evidence of Order details.
Invoicing and payment
Payment is required prior to dispatch unless otherwise agreed in writing.
Prices may be adjusted to reflect supplier cost changes, taxes, or external factors by notice prior to dispatch.
Payment terms are as stated on the invoice. If none are stated, payment is due within 30 days.
If payment is overdue, Cypress Medical may suspend supply and recover reasonable administration costs.
GST is payable in addition to listed prices where applicable.
Delivery and drop-shipment
Goods are supplied via third-party manufacturers or distributors and may be delivered directly to the Customer by those suppliers.
Cypress Medical will use reasonable efforts to meet stated dispatch and delivery timeframes but does not guarantee delivery dates.
Partial deliveries may occur.
Failure or delay in delivery does not entitle the Customer to cancel the Contract or claim consequential loss.
Title and risk
Title to Goods passes to the Customer upon full payment.
Risk passes upon delivery to the Customer or their nominated address.
Returns, warranties, and defects
Returns are subject to approval.
Defective Goods must be reported promptly.
Where Goods are subject to manufacturer warranties, Cypress Medical will facilitate claims but does not provide independent warranties beyond statutory obligations.
Returned Goods may be collected or assessed by the original supplier or manufacturer.
Liability and exclusions
Nothing in these Terms excludes rights under the Australian Consumer Law.
To the extent permitted by law:
- Cypress Medical’s liability is limited to replacement, repair, or refund of Goods at its discretion.
- Cypress Medical is not liable for indirect, consequential, or economic loss.
- Cypress Medical is not liable for delays or failures caused by third-party suppliers beyond its reasonable control.
Customer obligations
The Customer must ensure Goods are used in accordance with applicable laws and instructions.
The Customer must promptly notify Cypress Medical of defects or issues.
Where Goods are resold, the Customer must comply with applicable regulatory and recall obligations.
Privacy
Personal information is handled in accordance with Cypress Medical’s Privacy Policy and the Privacy Act 1988 (Cth).
E-commerce
Customers are responsible for safeguarding login credentials.
Orders placed using registered accounts are binding.
Cypress Medical does not guarantee uninterrupted or error-free website operation.
Intellectual property
All website content and materials remain the property of Cypress Medical or its licensors.
No rights are granted beyond personal, non-commercial use.
PPSA
Where applicable, the Customer grants Cypress Medical a security interest in Goods supplied until payment is received.
The Customer consents to PPSR registration if required.
Governing law
These Terms are governed by the laws of New South Wales.
Notices
Notices may be given by email or prepaid post to the last known address.
