Ostra Medical Pty Ltd · ABN 92 702 557 793 · Medical Services & Supplies · Perth, WA

Terms of Service

Last updated: 1 July 2025

These Terms of Service (“Terms”) govern your access to and use of the website ostramedical.site (the “Site”) and any medical products, consumables, equipment or related services supplied by Ostra Medical Pty Ltd (ABN 92 702 557 793) (“Ostra Medical”, “we”, “us” or “our”). By accessing the Site, requesting a quotation, placing an order or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Site or our services.

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Contents

  1. Definitions and interpretation
  2. Products and services
  3. Quotations and orders
  4. Pricing, GST and payment
  5. Delivery, risk and title
  6. Inspection, returns and shortages
  7. Manufacturer warranties
  8. Australian Consumer Law consumer guarantees
  9. Limitation of liability
  10. Regulatory compliance and intended use
  11. Service engagements
  12. Intellectual property
  13. Confidentiality
  14. Privacy
  15. Force majeure
  16. Suspension and termination
  17. Governing law and jurisdiction
  18. General provisions
  19. Changes to these Terms
  20. Notices and contact

1. Definitions and interpretation

In these Terms:

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.

2. Products and services

We supply medical consumables, equipment and related services to healthcare providers, allied health practices, aged care facilities, corporate clients and other eligible customers in Perth and across Western Australia. All Goods and Services are supplied subject to availability and to these Terms.

Descriptions, specifications and images of Goods published on the Site or in our marketing materials are provided for general information. While we take reasonable care to ensure accuracy, minor variations may occur, and you should confirm specifications with us before placing an order where a particular specification is material to your requirements.

3. Quotations and orders

3.1 Quotations issued by us are valid for the period stated on the quotation, or if no period is stated, for thirty (30) days from the date of issue. Quotations may be withdrawn at any time before acceptance.

3.2 An order is an offer to purchase. A binding contract arises only when we issue written confirmation of the order or commence supply, whichever occurs first.

3.3 We reserve the right to refuse, cancel or limit any order at our discretion, including where Goods are unavailable, where we consider the order to be fraudulent or where you have outstanding amounts payable to us.

3.4 You are responsible for ensuring that the details of your order, including quantities, specifications and delivery details, are accurate and complete.

4. Pricing, GST and payment

4.1 Prices quoted are in Australian dollars and, unless otherwise stated in writing, are exclusive of Goods and Services Tax (GST). Where GST applies, it will be added to the price and shown separately on our invoice.

4.2 Prices may change without notice. The price applicable to your order is the price confirmed in our written order acceptance.

4.3 Unless alternative credit terms have been agreed in writing, payment is required in accordance with the terms stated on our invoice. We may withhold supply of further Goods or suspend Services until overdue amounts are paid in full.

4.4 You must pay all amounts owing free of set-off or deduction. If an amount payable to us becomes overdue, we may charge interest on the overdue amount at a rate reasonably determined by us, and we may recover reasonable costs of debt recovery.

4.5 Delivery, freight and handling charges may apply and will be disclosed before you confirm your order where practicable.

5. Delivery, risk and title

5.1 Delivery dates provided by us are estimates only. We will use reasonable endeavours to meet estimated timeframes but are not liable for delays beyond our reasonable control.

5.2 Delivery is taken to occur when Goods are delivered to the delivery address you nominate, or when made available for collection at our nominated location.

5.3 Risk in the Goods passes to you on delivery. Title in the Goods passes to you when we have received payment in full for those Goods and all other amounts owing in respect of your account.

5.4 Where Goods are stored, cold-chain or handling requirements apply, you are responsible for meeting those requirements from the point of delivery onward.

6. Inspection, returns and shortages

6.1 You must inspect all Goods on delivery and notify us of any damage, defect, shortage or incorrect supply within a reasonable time after delivery, and in any event within seven (7) Business Days.

6.2 Subject to your rights under Australian Consumer Law, we are not obliged to accept returns of Goods that have been opened, used, personalised, stored incorrectly or are otherwise not in their original condition and packaging.

6.3 Where a return is approved by us, Goods must be returned in the manner we reasonably direct. Approved returns may attract restocking and freight costs, which will be disclosed to you before the return is processed.

7. Manufacturer warranties

7.1 Certain Goods may be accompanied by a manufacturer’s warranty. Any manufacturer warranty is in addition to, and does not limit or replace, your rights under Australian Consumer Law.

7.2 Where a warranty claim is appropriate, we will, at our discretion and to the extent we are able, assist you in making a claim against the manufacturer or supplier of the relevant Goods.

8. Australian Consumer Law consumer guarantees

8.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.

8.2 Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to cancel your Service contract with us and to a refund for the unused portion, or to compensation for its reduced value. For major failures with Goods, you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure. If the failure does not amount to a major failure, you are entitled to have the issue rectified in a reasonable time, and, where the Goods are capable of being repaired, you may also be entitled to a refund for the Goods if they are not of acceptable quality and we cannot rectify the issue within a reasonable time.

8.3 Where the Australian Consumer Law applies and permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to (in the case of Goods) the replacement of the Goods, the supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods, the payment of the cost of an equivalent Goods supply, or the payment of the cost of repairing the Goods; and (in the case of Services) the supplying of the Services again, or the payment of the cost of having the Services supplied again.

9. Limitation of liability

9.1 To the maximum extent permitted by law, and except as set out in section 8 (Australian Consumer Law consumer guarantees), we exclude all liability to you for any loss, damage, cost or expense arising from your use of the Site, the Goods or the Services, including indirect, incidental, special or consequential loss, loss of profits, loss of revenue, loss of data or business interruption.

9.2 Where liability cannot be excluded, our aggregate liability to you in respect of any claim is limited to the amount you actually paid to us for the Goods or Services giving rise to the claim.

9.3 This section does not apply to liability that cannot lawfully be limited, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

10. Regulatory compliance and intended use

10.1 Certain Goods are therapeutic goods or medical devices regulated under the Therapeutic Goods Act 1989 (Cth) and associated regulations. You are responsible for ensuring that any Goods you purchase are appropriate for your intended use and that you hold any licences, registrations or authorisations required to acquire, possess or use them.

10.2 Information on the Site does not constitute medical advice and must not be relied upon for clinical decision-making. Always consult an appropriately qualified health professional regarding the suitability of any product or service for a particular patient or application.

10.3 You must use all Goods strictly in accordance with any manufacturer instructions, directions for use, labelling and applicable professional and regulatory standards.

11. Service engagements

11.1 Where you engage us to provide Services, the scope, deliverables, timeframes and fees will be set out in a written proposal, engagement letter or service agreement. These Terms apply to that engagement except to the extent the service agreement provides otherwise.

11.2 You agree to provide us with timely access to information, personnel, premises and systems reasonably necessary for us to perform the Services, and to respond promptly to our requests.

11.3 We will perform Services with reasonable care and skill and in accordance with applicable professional standards, subject to any limitations arising from information or access you provide.

12. Intellectual property

12.1 All content on the Site, including text, graphics, logos, layouts and images, is owned by or licensed to Ostra Medical and is protected by Australian and international intellectual property laws.

12.2 You may view, download and print content from the Site for your own internal business or personal, non-commercial use. You must not otherwise reproduce, adapt, publish, distribute or commercially exploit any part of the Site without our prior written consent.

12.3 The name “Ostra Medical” and our logos are our trade marks (whether registered or unregistered) and must not be used without our prior written consent.

13. Confidentiality

13.1 Each party must keep confidential all non-public information disclosed by the other party in connection with an order or engagement, and must not use that information other than for the purpose of performing its obligations under these Terms.

13.2 The obligation in section 13.1 does not apply to information that is or becomes public knowledge other than through a breach of confidentiality, was already known to the recipient, is independently developed, or must be disclosed by law or by a regulator or court.

14. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these Terms. Our Privacy Policy explains how we collect, use, store and disclose personal information and how you may access or correct the information we hold about you.

15. Force majeure

We are not liable for any failure or delay in performing our obligations under these Terms to the extent that failure or delay is caused by an event beyond our reasonable control, including natural disasters, epidemics or pandemics, industrial action, supply chain interruptions, transport delays, war, terrorism, civil unrest or changes in law or government policy.

16. Suspension and termination

16.1 Either party may terminate an order or engagement for material breach by the other party if the breach is not remedied within fourteen (14) days after written notice of the breach is given.

16.2 We may suspend or terminate your access to the Site, or suspend supply under any order, immediately if you breach these Terms, if you become insolvent, or if payment of any overdue amount is not made within the period we specify in a written notice.

16.3 On termination, you must pay all amounts owing for Goods supplied or Services performed up to the date of termination.

17. Governing law and jurisdiction

These Terms are governed by the laws of Western Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from those courts.

18. General provisions

18.1 Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

18.2 Waiver: A failure or delay by us in exercising any right under these Terms does not operate as a waiver of that right.

18.3 Assignment: You must not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations, including to a related entity, on written notice to you.

18.4 Entire agreement: These Terms, together with any accepted quotation, order confirmation or service agreement, constitute the entire agreement between you and us in respect of the Goods and Services, and supersede all prior discussions and arrangements.

18.5 Notices: Notices under these Terms must be in writing and may be given by email to ceo@ostramedical.site (for notices to us) or to the email address you provide to us (for notices to you).

19. Changes to these Terms

We may amend these Terms from time to time. The current version will be published on this page with an updated “Last updated” date. Changes take effect when published, except that the version of these Terms in force at the time you place an order or accept a quotation will continue to apply to that order or engagement unless you and we agree otherwise in writing.

20. Notices and contact

If you have any questions about these Terms, or wish to give notice under them, please contact us:

Requests for quotations can also be submitted via our Request a Quote page.