TERMS AND CONDITIONS

In using this website, you agree to be bound by the Terms and Conditions set out below. If you do not accept these Terms and Conditions you may not access or use this site.

1. Definitions

“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material.

“You/Your” means you, the user of this website.

“We/Us/Our” and “MRNZ” means medi’Ray New Zealand Ltd who provides this website.

2. Currency

All prices displayed are in the New Zealand Dollar and we only process transactions in the New Zealand Dollar for delivery in New Zealand.

3. Delivery

Delivery can take 1 – 4 working days when in stock.

Freight is calculated in the shopping cart of the website and added to the order total.

If items not in stock can take upwards of 12 weeks for delivery please contact medi’Ray for more details on 0800 106 100

4. Returns and Refunds Policy

a. In accordance with your consumer rights, in in the unlikely event your product is faulty MRNZ will provide a repair, replacement or a full refund in a timely manner.

b. Any goods returned for any other reason than being faulty; such as you ordered higher quantities than required, or because you changed your mind, will be at the discretion of MRNZ and for credit only. This authorization from MRNZ must be obtained within one week of receipt of the goods. MRNZ reserves the right to approve or reject the return and may charge a discretionary fee of up to 20% of value of the goods as a restocking fee on the credit to cover operational costs.
a. With the exception of any medical devices such as the Freestyle Libre range of products, which we unfortunately cannot authorise any returns except for faulty goods. We ask our customers to please choose wisely when purchasing.

c. Any goods returned for credit to MRNZ by the Buyer must be unopened, unmarked and in a saleable condition. MRNZ may reject any returned goods that do not comply with this condition unless MRNZ has requested the return of the goods or the goods were defective at the time of supply and compliance is not possible.

d. Any goods that are not a standard or stocked MRNZ product line that were specifically ordered by MRNZ at the Buyers request will not be accepted for credit under any circumstances unless defective at the time of supply.

e. Goods returned for credit must also be accompanied by a copy of MRNZ’s packing slip and/or invoice showing the Buyers name, the date of purchase and a notation clearly stating the reason for return.

5. Terms & Conditions for account customers only

For the purposes of this document, “medi’Ray New Zealand Ltd” shall be referred to as MRNZ, while the Applicant for a Credit Account will be referred to as the Buyer.

All Terms and Conditions within this document will apply to all transactions between MRNZ and the Buyer unless otherwise agreed in writing.

6. Payment Terms:

a. Goods will be invoiced upon dispatch. Payment is to be made on the 20th of the month following the date of invoice.

b. Payment of all invoices will be made without off-set or deduction of any kind.

c. The Buyers terms and conditions, including without limitation all standard conditions of purchase or trade, are excluded.

d. MRNZ may withhold delivery of any goods (whether or not an order has been accepted) for non-payment or a material breach of any of these conditions of sale. If MRNZ elects not to deliver the goods until all sums due are paid in full, then the delivery date for all outstanding orders will be as practically possible from the date of payment by the Buyer of all sums due to MRNZ.

e. Where payment is overdue (either whole or in part) for any goods, MRNZ or an assigned agent may, without prejudice to any of its other rights, recover and/or resell the goods and may enter on the Buyers premises or any other place where goods are stored by or on behalf of the Buyer for that purpose without being liable for any loss or damage caused.

f. The Buyer grants to MRNZ or an assigned agent an irrevocable license and authority to enter the Buyers premises to recover goods, provided that MRNZ may only recover and resell for its own account a sufficient amount of the goods to satisfy all the Buyers unpaid liabilities in respect of the goods, cost of resale and any interest incurred.

g. The Buyer agrees to reimburse on demand all costs involved in instructing a Solicitor and/or Debt Collection Agency to recover any amount overdue for payment.

h. If the Buyer fails to pay an amount on the due date, all amounts then owing to MRNZ immediately and automatically will become due and payable. MRNZ reserves the right to charge the Buyer interest at 1% higher than MRNZ’s bank overdraft interest rate calculated on a daily basis from the due date to the date of payment.

7. Passing of Risk and Title

a. The goods will remain at MRNZ risk until delivered to the Buyer when risk in the goods passes to the Buyer. Delivery occurs when possession or control of the goods passes to the Buyer, its agent or carrier. The title of the goods passes to the Buyer when the Buyer has paid in full all charges set out in the invoice and any interest due.

b. Until payment is made in full by the Buyer for the goods, they shall remain the property of MRNZ and as such will be held separately as identifiable property of MRNZ and a separate record for those goods will be kept.

c. If any goods, or part of the goods, are sold or otherwise disposed of by the Buyer before property and title passes, the Buyer will hold proceeds of that sale or disposition separately on trust for MRNZ and will account to MRNZ for those proceeds.

d. MRNZ may appoint a receiver in respect of the goods (including the proceeds of the same) supplied to the Buyer. Any receiver so appointed may take possession of the goods and resell them and otherwise exercise all rights and powers conferred on a receiver by law.

8. Returns Policy

a. Any goods returned for credit to MRNZ by the Buyer must be authorized by MRNZ prior to their return. This authorization must be obtained within one week of receipt of the goods.

b. Any goods returned for credit to MRNZ by the Buyer must be unopened, unmarked and in a saleable condition. MRNZ may reject any returned goods that do not comply with this condition unless MRNZ has requested the return of the goods or the goods were defective at the time of supply and compliance is not possible.

c. Any goods that are not a standard MRNZ product line that were specifically ordered by MRNZ at the Buyers request will not be accepted for credit under any circumstances unless defective at the time of supply.

d. Goods returned for credit must also be accompanied by a copy of MRNZ’s packing slip and/or invoice showing the Buyers name, the date of purchase and a notation clearly stating the reason for return.

9. Cancellations

a. Once the Seller has accepted an order, it cannot be cancelled by the Customer without the Seller approval.

10. Change of Ownership

a. The Buyer agrees that they will notify MRNZ of any changes of the ownership, effective management or control of the Buyers business no later than fourteen days before that change comes into effect.

11. Product Replacement & Pricing

a. MRNZ reserves the right to upgrade, modify and/or replace any product or its specifications and to alter the price accordingly. Offers of special terms that encompass a range of products include only the products in the range that were available to market at the time of the original offer start date. Products that are subsequently added to the range will be subject to the special terms only at the sole discretion of MRNZ.

b. MRNZ reserves the right to change any pricing without prior notice excluding existing contracts.

c. All prices quoted or listed are exclusive of Goods and Services Tax (GST). The Buyer must, without off-set or deduction, at the same time as payment is due on the invoice for the goods, pay to MRNZ all GST in respect of supply of those goods.

d. All orders are subject to availability of goods and items will be invoiced at the prices ruling at the date of acceptance of the order.

12. Warranties & Liabilities

a. All implied warranties are excluded to the full extent permitted by law.

b. To the extent permitted by law, the liability of MRNZ for a breach of a warranty or condition implied by law about goods sold, is at the option of MRNZ, limited to the replacement of the goods, the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods, payment of the cost of acquiring equivalent goods or payment of the cost of having the goods repaired.

c. The Buyer warrants that all supplies of goods and services from MRNZ will be acquired for the Buyers business purposes and accordingly the provisions of the Consumer Guarantees Act 1993 will not apply as between the Buyer and MRNZ.

13. Promotions and Deals

MRNZ may offer promotions or deals on its website from time to time. These promotions and deals are subject to change or cancellation by MRNZ at any time without notice. Any promotions or deals cannot be used in conjunction with any other offers or deals unless explicitly stated by MRNZ. MRNZ reserves the right to modify the terms and conditions of any promotions or deals at any time without notice.

 

14. Third Party Website

You agree that We are not responsible for, nor do We endorse, any third party websites or Content which You access in the course of using the website. This includes any reliance upon or offence taken/caused by content, advertising, products or services accessed.

15. Website Content

We accept no liability for any Content contained on the website. We do not guarantee the accuracy, integrity or quality of Content. You alone are responsible for the Content of your postings and any consequences of any such postings.

16. Site Operator Liability and Indemnity

We shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of Your use of this website or in respect of any of your actions or omissions taken in reliance on any information contained on this website or any website to which this website is linked.

17. Modifications to Website

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

18. Amendments to these Terms and Conditions

We reserve the right, at any time, to modify, amend or update these terms and conditions without notice.