Loan Equipment Terms & Conditions (If this application is accepted)
Amtech Medical Ltd (Distributor) is a distributor of medical devices, and you (the Customer, you, your) are the owner of a HeartSine automated external defibrillator device (Customer Equipment). Your HeartSine device has an expired PadPak and is not able to be operated until the manufacturer is able to supply a new PadPak to the Distributor. You seek to use a loan device during this time (Loan).
Distributor agrees to provide a like device on loan (Loan Equipment) until it is able to supply PadPak’s for purchase by Customer. The Loan Equipment is provided temporarily and must be returned to Distributor within 7 days of Customer being notified of PadPak’s availability or on request.
By accepting and using the Loan Equipment, the Customer is deemed to have read, acknowledged and agreed to the above and the following Loan Equipment Terms and Conditions.
Loan Equipment Terms and Conditions
Loan Period
The period of the Loan commences on the date Distributor dispatches the Loan Equipment to the Customer and ends 7 days after the date Distributor advises Customer that PadPak’s are available to be purchased (Loan Period).
Distributor may, for any reason prior to the end of the Loan Period and with written notice, terminate this Agreement and remove the Loan Equipment from the Customer’s premises.
Loan Equipment
The Loan Equipment is and will remain the property of the manufacturer which Distributor as bailee will be loaning to the Customer. Risk in the Loan Equipment passes to the Customer upon delivery.
The Customer must not, without Distributor’s prior written consent:
a. remove, conceal or alter any markings, tags or plates which indicates the manufacturer’s ownership or interest in the Loan Equipment;
b. repair, alter or modify Loan Equipment. Distributor is not liable for any defect, loss or damage related to such repair, alteration or modification.
During the Loan Period, the Customer will ensure that the Loan Equipment is:
i. not sold, gifted, or disposed of;
ii. and at all times will, remain in the Customer’s possession and at the location notified to Distributor prior to commencement of the Loan Period unless it is used (ie the Loan Equipment must not be moved unless it is in use);
iii. kept and operated in a suitable environment;
iv. used only for the purposes for which it is designed and registered;
v. operated in a proper manner by trained competent staff; and
vi. properly used, cleaned, and maintained in accordance with the IFU or operating manual.
The Customer agrees to take good care of the Loan Equipment (ordinary wear and tear excepted). If the Customer becomes aware of a defect or problem, it must promptly notify Distributor of the defect or problem and, if requested by Distributor or if it is likely to affect the proper working order of the Loan Equipment, stop using the Loan Equipment.
Distributor will, if necessary, replace any Loan Equipment if it becomes aware during the Loan Period that the Loan Equipment does not function in accordance with its specifications.
The Customer must comply with all relevant laws, including in connection with use of Loan Equipment.
Customer agrees the provision of the Loan Equipment constitutes a security agreement for the purposes of the Personal Property Securities Act (2009) (Cth) (PPSA) and that Stryker Australia Pty Ltd (Stryker) may register its security interest (as defined in PPSA) in the Loan Equipment and all related proceeds received by Customer as a purchase money security interest on the register. Customer undertakes to promptly sign any documents and provide information which Stryker or Distributor may require to make relevant registration on register. Where the PPSA applies to action taken by Stryker in relation to the Loan Equipment, Customer a) agrees that sections 120, 125, 142 and 143 of the PPSA will not apply, and b) waives its right to receive any notices under sections 95, 118(1)(b), 121(4), 123(2), 130, 132(3)(d), 132(4), 135 of the PPSA and any right to a Verification Statement.
Return of Loan Equipment
Unless an alternative date has been mutually agreed in writing, the Customer must make available the Loan Equipment (and any consumables) for collection by Distributor within 7 days of the end of the Loan Period. It must be returned in the same condition and packaging it was in at the start of the Loan Period (ordinary wear and tear excepted).
Distributor may, in its sole discretion, invoice the Customer if the Loan Equipment:
1. is damaged or requiring repair, for Distributor’s cost incurred in repairing (and replacing any parts of) the Loan Equipment; or
2. is not returned, is lost, or is unable to be repaired. Such invoice will reflect the value of the Loan Equipment in Distributor’s sole opinion, and upon payment will become Customer’s property.
Any invoice issued by Distributor must be paid by the Customer within 10 days of it being issued.