Terms and Conditions

Dental Xpress Terms of Trade

1. GENERAL. These terms and conditions govern the supply to the purchaser of all products (‘Goods’) by Henry Schein Regional Pty Ltd trading as Dental Xpress (the ‘Company’). They supersede all prior representations and agreements and override any inconsistent terms, unless agreed to in writing by the Company.

2. ORDERS. Dental Xpress may refuse to accept an order. If an order has not previously been accepted, supply of Goods ordered will constitute acceptance.

3. PRICE. Dental Xpress will invoice the purchaser for the Goods at the prices current at the date of the order. The purchaser is responsible for any tax or governmental charges, including Goods and Services Tax (‘GST’), imposed on the sale of the Goods by the Company to the purchaser and such charges will be added to the total invoice price. The unit price contained in any quotation is based upon the quantities of goods referred to in the quotation. If the total quantity of Goods ordered varies from that in the quotation, the Company reserves the right to change the unit price of the Goods. Prices are subject to change without notice.

4. PAYMENT. The purchaser must pay the amount invoiced, including any tax or other charges immediately upon confirmation of the order. Account terms are not available.

5. RETURNS. To arrange for authorisation to return a product, contact our customer service department on 1300 360 322. The following conditions must be complied with:

• Approval from DentalXpress must be obtained prior to returning products

• All products must be returned in their original container or package, in a clean and saleable condition.

• All returns must be accompanied by the corresponding invoice, and reason for the return.

• Returned products must have been purchased within the previous thirty (7) days. Any returns past thirty (7) days are subject to a 15% restocking charge.

• Special Order or Indent Items/Products that are not ordinarily stocked are not returnable. Opened computer hardware and software; and expired stock are not returnable. Shortages or errors in shipments must be reported within 7 days of invoice date to issue credit (if applicable).

6. DELIVERY. Unless otherwise agreed, the Company will arrange for delivery of the Goods to the purchaser’s nominated delivery point. The Company will charge a delivery fee where the purchaser’s orders in any month exceed a number specified by the Company from time to time. The Company will make all reasonable efforts to have the Goods delivered to the purchaser by the date indicated by the purchaser, but will have no liability whatsoever should delivery not be made by that date.

7. ACCEPTANCE. The purchaser must promptly on delivery inspect Goods for compliance with orders and for any defects and will be treated as having accepted the Goods if the Company is not notified of any defects in writing within seven days from the date of inspection.

8. RISK. The risk in the Goods passes to the purchaser immediately on delivery to the purchaser or into the custody of anyone acting on the purchaser’s behalf. If for any reason the purchaser fails to take possession of the Goods within seven days from the date on which the purchaser is notified that the Goods or part thereof are ready for delivery: (a) risk in the Goods passes to the purchaser at the end of those seven days; (b) the Company is entitled to payment for the Goods in accordance with the provisions of these terms and conditions; and (c) the Company will arrange storage of the Goods all costs of which shall be payable by the Purchaser.

9. TITLE. Until full payment is made for all Goods: (a) title to the Goods shall not pass to the purchaser; (b) the purchaser holds the Goods as bailee of the Company; (c) the purchaser owes fiduciary obligations to the Company; (c) the purchaser shall store the Goods separately and in such a manner that they are clearly identified as the property of the Company; and (d) the Company may enter the premises of the purchaser and take possession of the Goods.

10. PURCHASER DEFAULT.

In the event that:

(a) The purchaser fails to pay when due an amount owing to the Company or breaches any other provision of these terms;

(b) Any step is taken to enter into any arrangement between the purchaser and its creditors;

(c) The purchaser ceases to be able to pay its debts as they become due or to carry on business; or

(d) any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of the customer’s assets or business; then the Company may do any or all of the following (in addition to any other rights the Company may have):

(e) Require the purchaser to pay immediately all amounts invoiced or unpaid or to pay in advance of or on deliver;

(f) Suspend or cease supplying Goods to the purchaser (whether or not the purchaser has ordered Goods that are yet to be supplied); and 11.

(g) Enter the purchaser’s premises and take possession of Goods for which payment has not been made.

11. WARRANTY AND LIABILITY.

(a) The Company excludes all liability in connection with Goods (or advice regarding Goods) supplied to the purchaser other than that which may not be excluded under the Trade Practices Act or other relevant legislation. In particular, the Company does not warrant that Goods will correspond precisely with any description.

(b) The Company’s liability under any non-excludable condition or warranty (other than a condition implied by section 69 of the Trade Practices Act) is limited as determined by the Company to any one of: (i) the replacement of the Goods or the supply of equivalent Goods; or (ii) the refund of the price paid by the purchaser for the Goods.

12. (c) Where Goods are delivered by the Company to the purchaser, the Company’s liability to the purchaser for any loss or damage to the Goods caused by or resulting from an act, neglect or default of the Company shall be limited to and completely discharged by either the replacement or the repair of the Goods. Any claims against the Company under this clause 10(c) must be made within three days of the date of delivery.

12. FORCE MAJEURE. The Company’s obligations to perform in accordance with these terms and conditions will be suspended for the duration of any delay arising out of anything outside the Company’s control including but not limited to fire, storm, flood, earthquake, accident, war, strikes, lockouts, raw material or labour shortages, accidents or breakdowns of plant or machinery. The Company shall not be under any liability in respect of such suspension, and in particular the Company will be under no obligation to deliver at any future date any goods not delivered during the period of suspension.

13. GOVERNING LAW. This contract is governed by the laws of New South Wales and the parties submit to the jurisdiction of the Courts of New South Wales held in Sydney.

Can’t find what you’re looking for? Give our Sales team a call on 1300854529.