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Pacific Biomedical Limited – Terms and conditions of sale (Online)

 1. Introduction

The websites pacificbiomedical.nz and pacificbiomedical.co.nz (together, the "Site") are operated  by Pacific Biomedical Limited, a company registered in New Zealand (“Company”). By accessing the Site and placing an order, you agree to be bound by these Terms and Conditions of Sale. We reserve the right to update these terms and conditions at any time without prior notice. Continued use of our website constitutes acceptance of any modified terms.

 

2. Products

We sell medical devices intended for both professional and personal use. We endeavour to ensure that all product descriptions and images are as accurate as possible. However, minor variations may occur due to manufacturer updates. We do not provide medical advice and suggest you consult a qualified specialised healthcare professional before using any ordered medical equipment.

 

3. Pricing

All prices are quoted in New Zealand Dollars (NZD) and include GST, unless otherwise stated. Prices are subject to change without notice, but the price applicable is the one displayed at the time the order is placed.

 

4. Orders

  • Orders are confirmed by email once payment has been successfully processed.
  • Pacific Biomedical reserves the right to refuse or cancel any order for legitimate reasons (e.g., part payment, suspected fraud, stock unavailability).

 

5. Payment

Payment must be made in full at the time of purchase using our available payment methods.

We accept major credit cards (Visa, MasterCard) and other payment methods indicated on our website and invoices.

 

6. Shipping and Delivery expectations

  • Delivery times within New Zealand is estimated between 2 to 5 business days but may vary based on location.
  • Shipping fees are calculated at checkout based on the items ordered.
  • Free shipping may apply for orders over NZD 150; however, this does not apply to Freight Items (e.g., makeup cases/kits) which may incur higher shipping costs.
  • Delivery times are indicative only; Pacific Biomedical Limited is not liable for delays caused by courier services or other third party.

 

7. Returns and Refunds

In accordance with the Consumer Guarantees Act 1993, if a product is faulty, unsafe, or does not match its description, you are entitled to a replacement, repair, or refund.

Cancellation policy

  •  In the event of a pricing or description error, we reserve the right to cancel any order affected by the error, even after payment has been processed.
  •  Customers can return unused and unopened products in their original packaging with a proof of purchase and a description of the issue within 7 days of receipt, subject to our return policy.
  •  Refunds will be processed upon inspection of returned items.  The Company will also notify you by email of the approval or rejection of your refund.

 Costs Responsibility

  • If the rejection is due to the Company’s error (e.g., defective or incorrect items), then the Company will cover return shipping costs.
  • If the rejection is due to customer preference (e.g., change of mind), then the customer is responsible for return shipping costs.
  • Due to hygiene or regulatory reasons, some products, (e.g., opened single-use medical devices, opened sterile products) cannot be returned.

 

8. Warranty & Consumer Law Disclaimer

Our products are covered by the statutory guarantees under New Zealand consumer law, ensuring they meet acceptable quality standards, are fit for purpose, and match descriptions provided at the time of sale.

These guarantees apply to products purchased for domestic and personal purposes only. For some products, additional manufacturer warranties may apply, offering further protection beyond the statutory guarantees. The details of these warranties, including coverage and duration, will be provided by the respective manufacturer.

 

9. No liability/warranties exclusions

We provide the medical equipment on an "as-is" basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The customer acknowledges that medical equipment may require professional installation, maintenance, and compliance with regulatory standards, and the Company does not guarantee the suitability or performance of the equipment for any specific use.

To the extent permitted by law, the Company disclaims all liability for any defects, malfunctions, or damages arising from the use of the equipment.

The customer assumes all risks associated with the purchase and use of the equipment and agrees that the Company shall not be liable for any direct, indirect, incidental, or consequential damages.

If the customer is purchasing the equipment for business purposes, then the customer agrees that the Consumer Guarantees Act 1993 does not apply to this transaction.

Warranty and Liability is expressly excluded where in the opinion of the Company, the Products supplied to a customer have been used in part of in full beyond the scope and design of the intended use.

The Company shall not be responsible for any direct or indirect loss and/or expense (including loss of profit) suffered by the customer and if the Company incurs any liability, such liability shall be limited to damages which under no circumstances shall exceed the price of the Products in respect of which liability arises.

The Company shall also not be held liable:

a)    for any variations due to manufacturer product updates.

b)    for damage to a product as a result of normal wear and tear .

 Customers are responsible for ensuring that products are used according to the manufacturer’s intended instructions.


 10. Privacy

Your personal information collected for purchase transactions is used solely for order fulfilment and our customer service and is handled in accordance with our Privacy Policy which is available on our Site and in compliance with the Privacy Act 2020.


11. Intellectual Property

All content on the Site (including text, images, and logos) is protected by copyright and remains the exclusive property of Pacific Biomedical.


12. Force Majeure

The Company will not be held responsible for any delay or failure to fulfil its obligations due to events beyond its reasonable control (including, but not limited to, natural disasters, pandemics, or internet failures).


13. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of New Zealand. Any disputes will be subject to the non-exclusive jurisdiction of the New Zealand courts.


14. Dispute resolution

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If a resolution cannot be reached, the dispute shall then be referred to mediation, conducted by a mutually agreed-upon mediator. If mediation proves unsuccessful then either party may pursue legal action as a final recourse.