Terms and Conditions

E and L May Pty Ltd ATF The EMS Family Trust trading as Elite Medical Supplies

ABN: 27 886 845 662

Effective Date: April 2025

1. Acceptance of Terms

By engaging with Elite Medical Supplies (“we”, “us”, “our”), including placing an order, submitting an account application, using our website, or otherwise transacting with us, you (“you”, “your”, “Customer”) agree to be bound by these Terms and Conditions, which apply to all goods and services supplied by us.

2. Amendment of Terms

We reserve the right to amend these Terms and Conditions at any time. Amendments will take effect from the date they are published on our website or otherwise notified to you. Continued engagement with us after such notice will constitute your acceptance of the amended terms.

3. Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, damage, or expense arising out of or in connection with the supply of goods or services. Our liability is limited, at our discretion, to:

  • replacement or repair of the goods; or
  • refunding the price paid for the goods.

4. Competition and Consumer Act

Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or relevant State and Territory legislation, including the Australian Consumer Law (ACL), where to do so would be unlawful.

5. Delivery of Goods

  • Delivery times are estimates only. We are not liable for any delay in delivery.
  • Risk in goods passes to you upon dispatch from our premises or suppliers.
  • It is your responsibility to provide correct delivery details and to be available to receive goods.

6. Warranty

All goods supplied are covered by any warranties implied under the ACL. Any additional warranty provided by a manufacturer is the responsibility of the manufacturer, not Elite Medical Supplies.

7. Payment

  • Payment is due in full prior to dispatch unless you hold an approved credit account.
  • Approved credit account customers are granted 30 Days End of Month (30 EOM) terms unless otherwise agreed in writing.
  • We accept payment via EFT, credit card, or prepayment. Credit card surcharges may apply.
  • We reserve the right to charge interest on overdue amounts at a rate of 2% per month, calculated daily.

8. Title and Risk

  • Title in goods remains with Elite Medical Supplies until payment in full has been received.
  • Risk passes to you upon dispatch.
  • Until title passes, you must store the goods separately and in a manner clearly indicating they are our property.

9. Returns and Refunds

  • Returns are only accepted with prior written approval and must be in original, unopened condition unless faulty.
  • Refunds or exchanges will be processed in accordance with our Returns Policy and the ACL.
  • A restocking fee may apply to change-of-mind returns for non-faulty items.

10. Advice and Information

Any advice, recommendation, information or assistance provided by us is given in good faith and is believed to be accurate and reliable. However, we do not accept any liability or responsibility for loss suffered as a result of your reliance on such advice.

11. Links to Other Websites

Our website may contain links to third-party websites. We do not endorse or accept any responsibility for the content, use, or availability of those websites.

12. Disclaimer

All content on our website or other communication materials is provided “as is” without warranties of any kind. We do not guarantee uninterrupted or error-free operation of our website or services.

13. Privacy

We collect and handle personal information in accordance with our Privacy Policy, available on our website. By engaging with us, you consent to the collection, use and disclosure of your personal information as described in that policy.

14. Third Parties

We may use third-party contractors, agents or couriers in the performance of our obligations. We are not liable for any acts or omissions of such third parties.

15. Disclosure of Information

You authorise us to make inquiries as necessary to assess your creditworthiness, including disclosing information to and receiving information from credit reporting agencies or referees.

16. Exclusion of Competitors

You are prohibited from using our website or materials for the purpose of competing with our business, including gathering information or content for commercial reuse or re-sale.

17. Copyright, Trademark and Restrictions of Use

All content, logos, designs, and intellectual property on our website or documentation are owned or licensed by us. You may not reproduce or use any material for commercial purposes without our prior written consent.

18. Whole Agreement

These Terms and Conditions constitute the entire agreement between the parties unless varied in writing by us. Any prior negotiations, representations or arrangements are excluded to the extent permitted by law.

19. Exclusion of Unenforceable Terms

If any provision of these Terms is found to be void or unenforceable, that provision will be severed, and the remainder will remain in full force and effect.

20. Jurisdiction

These Terms are governed by the laws of the State of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.