1. Terms and Conditions of Service

All services provided by Jeisys Medical Australia (the "Company") are subject to the following terms and conditions. In these Terms and Conditions of Service, the Company refers to “Jeisys” and the purchaser of the services is referred to as the "Customer". The Company and the Customer are collectively referred to as the "Parties".

These Terms and Conditions of Service, together with any applicable Quote, Purchase Order, and/or Invoice issued by the Company, constitute the entire agreement between the Parties in relation to the supply of services, and supersede all prior communications, understandings, or agreements, whether oral or written.

By accepting a Quote, making payment, scheduling a service, or otherwise proceeding with the requested services, the Customer is deemed to have read, understood, and accepted these Terms and Conditions of Service in full.

2. Definitions & Interpretation

2.1 Definition

In these Terms and Conditions of Service (that incorporates the Quote and/or Invoice), unless the context or subject matter otherwise requires:

Accessory means an item that is associated with the Services as shown in a Quote.

Agreement means the terms and conditions contained in this Terms and Conditions of Service, including the Quote, any schedules, annexures or documents incorporated by reference.

Anticipated Shipping Time means the amount of time that the Company expects that it will take before the Device will be ready to be returned to the Customer.

Australian Consumer Law means the law as set out in the Competition and Consumer Act 2010 (Cth).

Call-Out Fee means a fixed or variable charge imposed by the Technician for attending the Customer’s premises to perform, attempt to perform, or assess Services. This fee may include, but is not limited to, travel time, technician time on site, administrative or scheduling costs.

Charges means Freight, Insurance and other costs which a Customer agrees to pay as shown on a Quote, Invoice or is to be confirmed by the Company as part of the shipping process.

Consequential Loss means any indirect, special or Consequential Loss or damage and any loss of income, loss of revenue, loss of profit, loss of production, loss of goodwill, loss of use, loss of financial opportunity, financing costs, loss of business or loss of business opportunity, loss of contract, loss from third party claims or failure to realise anticipated savings (whether the loss is direct or indirect).

Consumables means an item that is associated with the use of the Company products, as shown in a Quote.

Delivery Address means the address shown on the Quote where the Customer agrees that the Goods ordered are to be delivered.

Deposit means the non-refundable amount of money shown on a Quote (if any) that the Customer must pay to secure a Service booking.

Device(s) means a Company manufactured product owned or in the possession of the Customer as detailed in the Quote, Repair Order, and/or Invoice.

Freight means the Charges payable for the carriage of Device(s) and delivery to their destination charged to the Customer at cost and communicated immediately prior to shipping.

GST means goods and services tax or other tax that is substituted or replaces the GST tax.

Insurance means the Charges payable by the Customer to cover the cost of insuring the Device(s) against loss, theft, or damage while in transit to or from the Workshop or while in Technician’s possession, custody, or control.

Invoice means a tax invoice from the Company for the amount Charges shown on a Quote for the Service(s) booked.

Offer means the offer by the Company to supply Service(s) and/or Goods shown in the Quote or Repair Order at the prices indicated date of issue until the Quote Expiry.

On-Site Service or On-Site Servicing means Services performed by the Technician at the Customer’s premises or at a location designed by the Customer.

Personal Information means personal information provided by or for the Customer, collected by the Technician, to provide the Customer with Services and Repair Works.

Repair Order means any request or authorisation for the repair or servicing of Device(s), whether provided in the form of a Quote, Invoice, Email Correspondence, or Repair Ticket issued by the Company and accepted – expressly or impliedly – by the Customer. 

Works means the labour, parts, and material to be supplied by the Technician to effect the Services to the Device(s) listed in the Repair Order.

Services means assessments, maintenance, or repairs, supplied by the Technician.

Technician means the Company named as such in the Repair Order and includes where relevant any authorised Company contractor engaged by the Technician to effect any part of the Works.

Total Price means the full amount payable by the Customer to the Technician or Company for effecting the Works calculated in Clause 5.

Quote means a document that contains an Offer to supply the Product and Service(s) shown on a document by this name and the terms and conditions contained in this Agreement.

Quote Expiry means the date by which the offer contained in the Quote expires and is no longer acceptable by the Customer.

Workshop means Technician’s primary service facility where Services typically take place.

2.2 Interpretation

In this Agreement:

(a) a reference to:

(i) one (1) gender includes the others;

(ii) the singular includes the plural and the plural includes the singular;

(iii) a person includes a body corporate;

(iv) a document or instrument includes the document or instrumented as novated, altered, supplemented or replaced from time to time;

(v) a Party includes the Party’s executors, administrators, successors and permitted assigns;

(vi) a statute, regulation or provision of a statute or regulation (Statutory Provision) includes:

(i) that Statutory Provision as amended or re-enacted from time to time; and

(ii) a statute, regulation or provision enacted in replacement of that Statutory Provision;

(vii) an amount of money is to an amount in Australian dollars ($AUD);

(viii) time is to Australian Eastern Standard Time; and

(ix) a Schedule refers to a Schedule contained in this Agreement;

(b) including and similar expressions are not words of limitation;

(c) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(d) headings are for convenience only and do not form part of this Agreement or affect its Interpretation;

(e) where 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; and

(f) a provision of this Terms and Conditions of Service must not be construed to the disadvantage of a Party merely because that Party was responsible for the preparation of this Agreement or the inclusion of the provision in it.

3. Commencement

3.1 Acceptance of Offer

The Customer accepts the Company’s Offer to supply the Service(s) and/or Goods shown in the Quote or Repair Order by:

(a) signing where indicated and communicating its acceptance by returning the signed version of it in manner shown on the Quote; or

(b) verbally authorising the Technician to carry out the Service;

(c) making payment;

(d) scheduling a service;

(e) otherwise proceeding with the requested services.

3.2 Customer’s Obligations

3.2.1

(a) By Customer’s Acceptance of Offer, the Customer authorises the Technician to carry out the Works, the Customer warrants that they own the Device(s) or, if the Device(s) is under finance, that they have the sole right to possession and use of the Device(s).

(b) If Clause 3.2.1(a) does not apply to the Customer, the Customer must provide the Technician and/or Company with evidence satisfactory to the Technician that the Customer has the owner’s authority to contract with the Technician to carry out the Works to the Device(s).

3.2.2 The Customer warrants the accuracy of the service and use history of the Device(s) related to the Technician at the time the Repair Order is signed or the Works authorised by the Customer.

3.2.3 The Customer will promptly pay the Technician any amount/s the Technician requires by way of deposit or payment on account of work-in-progress for the Works.

3.2.4 The Customer is responsible to make backup copies of all data stored in the Device(s). By signing the Repair Order or authorizing the Works, the Customer acknowledges having being given the repair notice that appears on the Repair Order. To the full extent permitted by the law, the Customer releases the Technician from any loss or damage to stored data.

3.2.5 If the Customer does not comply with their obligations under this Agreement, the Technician may cancel or suspend the Works and retain possession of the Device(s) until the Customer complies with its obligations. The Technician will not be liable for any loss or damage suffered by the Customer as a result of any such cancellation, suspension or retention.

3.3 Customer’s Authorisation

3.3.1 The Customer gives the Technician the following authorisation to enable the Technician to effect the Works:

(a) to purchase the parts and materials it requires to effect the Works in accordance with the Repair Order;

(b) to allow the Technician to operate the Device(s) anywhere and at any time for the purpose of effecting the Works;

(c) to effect the Works in accordance with the Repair Order upon the Customer’s acceptance of the Offer in accordance with clause 3.1;

(d) to sublet some or all of the Works and to deliver and collect the Device(s) from the premises of any contractor to whom the Works are sublet; and

(e) the Customer acknowledges that, in some circumstances, the Technician may not have the opportunity to fully inspect, test, or diagnose the Device(s) prior to compiling the Repair Order, due to the nature of the fault, remote assessment limitations, Device(s) exceeding two (2) years of Service, or incomplete disclosure of issues. As such, the Customer accepts that the initial assessment may not identify all faults or required Works. The Customer agrees that the Company and its Technicians shall not be liable for any faults, damage, or defects that were not reasonably detectable at the time of initial assessment, and the Customer forfeits any right to enforce liability in relation to such unforeseen or later-discovered issues.

(f) where the Repair Order was compiled by the Technician without the opportunity to fully inspect or test the Device(s) as per 3.3.1(e), the Customer authorises the Technician to effect such other Works as the Technician deems necessary once full inspection or testing is possible; this authority extend to the Technician effecting such different or additional Works that it deems necessary to return the Device(s) to the Customer in a working condition.

3.3.2 In relation to the authorisations contained in 3.3.1:

(a) As regards clause 3.3.1(a), if for any reason the Customer cancels the Repair Order, the Customer will be liable to pay for any parts or materials especially ordered to effect the Works which the Technician determines cannot readily be used for other customers’ Works.

(b) In relation to clause 3.3.1(b), the Customer agrees that the Device(s) is operated by the Technician’s staff as agent for and on behalf of the Customer and without being liable to the Customer or the owner of the Device(s) for any loss or damage to the Device(s) while in the possession of the Technician or any contractor of the Technician.

(c) In relation to clause 3.3.1(c), the Technician will use its reasonable endeavors to complete the Works within the time estimated in the Repair Order, however the Technician will not be liable for any loss or damage sustained by the Customer by reason of any delay beyond the reasonable control of the Technician. If different or additional Works become necessary, then those Works will be completed within a reasonable time of the original estimate.

(d) In relations to clause 3.3.1(d), the Technician will use its reasonable endeavors to contact the Customer to obtain express authority to conduct the different or additional Works however, if contact is not made for this purpose, the Customer still authorizes the Technician to carry out these Works.

4. Service Warranties

4.1 The Company warrants that it will perform the Works as detailed in the Repair Order with due care and skill using good quality materials and parts as provided for in Clause 9 these terms.

4.2 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

(a) to cancel your service contract with us; and

(b) receive a refund for the unused portion or compensation for its reduced value; or

(c) have the failure rectified within a reasonable time.

4.3 Subject to the ACL, the Technician and Company does not provide any warranty and excludes all liability for faults, damage, defects, or failures arising from or related to:

(a) the Customer’s failure to disclose the full extent or nature of the issues with the Device(s);

(b) Services carried out at the Customer’s premises where the Technician will not be able to perform full diagnostic testing, the unavailability of diagnostic tools, and/or the unavailability of parts required for issues that were not reasonably foreseeable, issues not disclosed prior, and for which necessary parts are not on hand.

(c) the Device(s) not being maintained or serviced for a period exceeding two (2) years;

(d) misuse, neglect, or improper handling or operation of the Device(s);

(e) faults arising from the installation environment, including but not limited to, power supply issues, ventilation problems, or exposure to contaminants;

(f) unauthorised modifications, tampering, or repair attempts;

(g) third-party connections or interference with the Device(s); or

(h) faults or failures that are unrelated to the Works carried out, including any future or incidental malfunctions not reasonably foreseeable at the time of the repair.

5. Total Price

5.1 The Customer acknowledges that the quoted price for the Works stated in the Repair Order is an estimate only and is subject to variation due to either:

(a)  an increase in the cost of supplying labour, parts, and materials after the quoted price was given;

(b) the need to effect different or additional Works to render the Device in working condition

(c) the Technician’s inability to fully inspect, test, or diagnose the Device(s) at the time the Repair Order was compiled, as outlined in clause 3.3.1(e). The Customer acknowledges that further or different faults may become apparent following more thorough inspection or testing, and authorizes the Technician to carry out such additional Works as deemed necessary under 3.3.1(f). The quoted price may be varied accordingly to reflect these unforeseen or additional Works.

5.2 The Customer agrees to pay for different or additional Works at the Technician’s then customary rate charged for labour and for the cost of parts and materials.

5.3 The Total Price will be the amount stated in the Technician’s service tax invoice being the sum of the Technician’s labour, parts, and material charges, together with any applicable taxes, levies, interest on late payments, and/or storage charges that may have been incurred and credit card surcharge payable under clause 5.4(c).

5.4 The Customer will pay the Total Price to the Company as follows:

(a) if a cash Customer, within two (2) business days of being notified by the Technician that the Works have been completed, and the Device(s) is ready for collection by the Customer;

(b) if an account Customer, within the time stated in the signed credit agreement between the parties;

(c) if the Customer elects to pay by eftpos or direct deposit to the Company’s bank account, the Technician is entitled to sight satisfactory evidence of the deposit of cleared funds to its bank account before releasing the Device(s) to the Customer;

(d) if the Customer pays by credit card, the Customer agrees to pay the credit card surcharge notified by the Technician, the amount of which the Technician will determine in accordance with applicable legislation.

5.5 The Total Price payable will include any GST payable by the Technician on any taxable supplies detailed in the service tax invoice.

6. Technician’s Rights

6.1 If the Customer fails to pay some or all of the Total Price in accordance with clause 5, the Customer will pay the Technician the following additional amounts:

(a) interest on the unpaid amount charged at the rate of 8% per annum from the date the service tax invoice is issued until the date of actual payment; and

(b) a charge to store the Device(s) at the Technician’s premises at the rate of $50.00/per day from three (3) business days from the date the Technician notified the Customer that the Device(s) was ready for collection to the date of actual payment.

6.2 The Customer agrees to the creation of a Technician’s lien over the Device(s).

(a) The Technician has the right to retain possession of the Device(s) until all amounts owing to the Technician by the Customer have been paid.

(b) The Customer has no claim against the Technician for any loss or damage arising from the exercise of the lien over the Device(s) by the Technician.

(c) If the Device(s) is in the possession of another contractor to whom repair work was sublet, then the Customer agrees that the Technician’s lien may be effected upon the Device(s) by the Technician’s contractor as if the Technician was exercising its rights of lien direct against the Customer.

6.3 The Technician’s rights in clauses 6 and 7 are in addition to and do not limit the rights given to the Technician under the Part 4.2 of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

7. Security Interest

7.1 The Customer grants the Techniciana security interest in the Device(s) to secure payment of all amounts owing by the Customer to the Technician in respect of the Works effects, including the Total Price stated in the tax invoice, interest, storage charges and all costs incurred by the Technician for the recovery of any such moneys unpaid.

7.2 The Customer agrees that the security interest over the Device(s) gives the Technician the right to retain and/or seize and dispose of the Device(s) if the Customer fails to pay any such amount stated in clause 5 within seven (7) days of a formal written demand for the payment of all such amounts being sent to the Customer at the address (including any email address) shown in the Repair Order.

7.3 The Customer as the grantor of the security created in this clause 7 waives the requirement for notices under the Personal Property Securities Act 2009 (Cth). The Customer will provide the Technician with the names and addresses of any grantor of any existing security interest over the Device(s).

7.4 The creation of the security interest over the Device(s) under the clause 7 is additional to and does not derogate from the Technician’s other rights under this Agreement, including the Technician’s lien.

7.5 If the Customer fails to collect the Device(s) in accordance with the time frame outlined in 7.2 or if the Customer fails to pay any outstanding amounts owing within a reasonable time after being notified by the Technician, the Technician may, at its sole discretion, dispose of the Device(s) by sale, recycling, or discarding (including but not limited to disposal at a waste facility). The Customer agrees to be liable for any and all reasonable costs incurred by the Technician in connection with such disposal. The Technician is under no obligation to account to the Customer for any proceeds received (if any) from the disposal of the Device(s).

7.6 The Customer, either as the owner of the Device(s) or as the agent of the owner of the Device(s), consents to the registration of the security interest created in this clause 7 on the Personal Property Securities Register.

8. On-Site Service Conditions

8.1 The Customer acknowledges and agrees that On-Site Servicing is subject to certain practical limitations. The Technician cannot be expected to carry all diagnostic tools, testing equipment, or spare parts for every potential issue. In some cases, further investigation during the on-site visit may reveal that:

(a) the issue differs from the initial consultation;

(b) a variation in Service pathway is required;

(c) the required parts are not available on-site; or

(d) the fault cannot be resolved within the scope or environment of an on-site visit.

In such instances, the Technician may determine, at their discretion, that the Device(s) must be returned to the Company’s workshop for further diagnostics and/or repair.

8.2 Should the Technician determine the Device(s) must be returned to the Workshop or additional On-Site Service visits are required, the Customer acknowledges that:

(a) All applicable charges for the On-Site Service visit, including labour, travel, diagnostics, and any services already carried out, remain payable;

(b) Additional or revised costings, inclusive of Freight and Insurance for courier to the Workshop, will apply, and the Technician reserves the right to issue a variation or updated Quote or Repair Order for approval before proceeding with further repairs.

The Customer agrees that these limitations are inherent aspect of On-Site Service delivery and do not constitute a defect in service or grounds for cancellation, refund, or waiver of applicable fees.

8.3 The Customer agrees to ensure a safe, clean, and accessible environment for the Technician to perform on-site assessments, maintenance, or any other Services. This includes, but not limited to, providing:

(a) a stable and clean workspace;

(b) sufficient lighting;

(c) access to necessary power outlets and network connections;

(d) clear and hazard-free access to the Device(s) or equipment requiring service.

8.4 The Technician reserves the right to refuse, suspend, or reschedule service if the site is, in the Technician’s reasonable opinion, unsafe, unsanitary, or otherwise unsuitable for carrying out the Services. Examples include, but are not limited to: the presence of aggressive animals, hazardous materials, structural dangers, blocked access, or unsafe electrical setups. The Technician is under no obligation to proceed until all health and safety concerns have been addressed to its satisfaction.

8.5 Delays, Cancellations & Access: If service cannot be completed due to the Customer’s failure to meet the above conditions, provide reasonable access, or if the site is not ready or safe at the agreed service time, a Call-Out Fee and any associated travel or labour costs may still be charged. Rescheduling will be at the discretion of the Technician and subject to availability.

8.6 The Technician shall not be liable for any loss, damage, delay, or failure in performance arising directly or indirectly from unsafe site condition.

9. Parts

9.1 The Technician will wherever possible use only genuine parts supplied or recommended by the manufacturer of the Device(s), however the Technician will solely determine the parts to be used unless specifically directed otherwise by the Customer before the commencement of the Works.

9.2 If the Technician is directed to or elects to use any parts other than a new genuine part to effect the Works, the Technician for the purposes of section 54(4)(b) of the ACL specifically draws to the Customer’s attention the possibility that these parts are not of acceptable quality by reason of the fact that they are used or are non-genuine parts.

10. Liability

10.1 The Technician will effect the Works taking all necessary steps to avoid loss or damage to the Device(s).

10.2 If despite taking such steps, the Device(s) becomes lost or damaged while in the possession of the Technician, the Customer releases the Technician from all liability for such loss or damage to the Device(s).

10.3 The Technician will not necessarily effect Insurance over the Customer’s Device(s) while it is in the Technician’s possession. Insuring the Device(s) for loss or damage while in the possession of the Technician will be the sole responsibility of the Customer.

10.4 To the extent permitted by the law, the Technician shall not be liable for any loss, damage, delay, or failure in performance arising out of or in connection with:

(a) Services carried out at the Customer’s premises where the Technician is unable to perform full diagnostic testing due to environmental limitations, lack of available tools, or the absence of appropriate diagnostic equipment;

(b) Situations where, following an on-site diagnosis of an unforeseen issue, the Company is unable to complete the repair during the visit due to the unavailability of required parts not reasonably expected to be on hand at the time of service;

(c) The Device(s) not being maintained or serviced for a period exceeding two (2) years, resulting in degradation or failure outside the scope of the current service;

(d) Misuse, neglect, improper handling, or incorrect operation of the Device(s) by the Customer or any third party;

(e) Faults arising from environmental or installation-related conditions, including but not limited to power fluctuations, inadequate ventilation, moisture, dust, or other contaminants;

(f) Any unauthorized modifications, tampering, attempted repairs, or alterations made to the Device(s) by persons not authorised by the Company;

(g) The connection of third-party accessories, devices, software, or systems that interfere with or adversely affect the operation of the Device(s); or

(h) Faults, failures, or malfunctions that are unrelated to the specific Works carried out by the Company, including any future, incidental, or indirect issues not reasonably identifiable at the time of service.

11. Personal Information

11.1 Personal Information will be collected by the Technician to provide the Customer with Services.

11.2 Personal Information may be disclosed to the Technician, manufacturer, other members of the Company and third-party service providers acting on behalf of the Technician under conditions of confidentiality specifically in relation to the provision of Services to the Customer.

11.3 The Customer agrees that the Technician may also use the Personal Information to send the Customer material or contact the Customer about Company Products or Services.

11.4 The Technician will take all reasonable steps to ensure that the Personal Information is kept safe from misuse, loss, unauthorized access, modification, and/or disclosure. A full copy of the Technician’s privacy statement can be viewed at jeisys.com/eng/terms/privacy_policy.php.

11.5 If the Customer no longer wishes the Technician and the other parties mentioned to have access to the Personal Information then the Customer must notify the Technician of this requirement in writing. The Technician will within a reasonable time of notification cease all access to the Personal Information.