Terms and Conditions of Sale, Supply and Services

1. General

These Terms and Conditions ("Terms") apply to the sale, supply, delivery, installation, assembly, demonstration, repair and servicing of assistive technology, disability equipment, mobility equipment and related products and services supplied by Ignite Therapeutic Solutions Pty Ltd ("Ignite", "we", "us" or "our").

By placing an order, accepting a quotation, signing a service agreement, approving a proforma invoice, accepting delivery of goods, or requesting our services, the customer ("you" or "your") agrees to be bound by these Terms.

These Terms should be read together with any quotation, invoice, proforma invoice, service agreement, product-specific terms or other written agreement issued by Ignite. Where there is any inconsistency between these Terms and a specific written agreement signed by both parties, the signed agreement will prevail to the extent of the inconsistency.

2. Products and Product Information

Ignite supplies a range of assistive technology and disability equipment, including mobility equipment, daily living aids, rehabilitation equipment, seating and positioning products, and other related products.

Product descriptions, photographs, specifications, dimensions, colours and other information provided by Ignite are intended as general information and may be subject to change by the manufacturer or supplier. We will endeavour to ensure that product information is accurate; however, minor variations between displayed or quoted products and the final product may occur. Where a product is supplied according to manufacturer specifications, Ignite is not responsible for changes made by the manufacturer after a quotation or order has been issued.

3. Quotations

Quotations are valid for the period stated on the quotation. Unless otherwise stated, a quotation is subject to product availability and supplier pricing, and does not constitute an order until accepted by the customer and confirmed by Ignite.

Prices may be adjusted where there is a material change in supplier pricing, freight, taxes, exchange rates or other costs outside Ignite's reasonable control before the order is fulfilled. Any material price variation will be communicated to the customer where practicable. Quotes for customised or special-order equipment may be subject to additional manufacturer requirements and lead times.

4. Orders and Acceptance

An order may be placed in writing, electronically, verbally or through another approved ordering process, and is accepted when confirmed by Ignite or when Ignite commences processing the order. Once an order for a special-order, customised or non-stock product has been placed with a supplier, cancellation may not be possible.

Ignite reserves the right to refuse or cancel an order where:

• the requested product is unavailable;
• the manufacturer has discontinued the product;
• the product cannot reasonably be supplied;
• information supplied by the customer is materially incorrect; or
• payment or funding requirements have not been satisfied.

5. Payment

Payment must be made in accordance with the payment terms stated on the quotation, invoice or proforma invoice. Unless otherwise agreed in writing, Ignite may require payment in full before goods are ordered, delivered or released.

Where an account has been approved for credit, payment must be made within the agreed credit period. Ignite may suspend further supply or services where an account is overdue, and any reasonable costs incurred in recovering overdue amounts may be payable by the customer, to the extent permitted by law.

6. Retention of Title

All goods supplied remain the property of Ignite until payment has been received in full. Until payment is received in full, the customer must take reasonable care of the goods, not sell, dispose of or transfer them except with Ignite's written consent, keep them identifiable as property supplied by Ignite, and notify Ignite if the goods are damaged, lost or subject to a claim by a third party. Nothing in this clause limits any rights or obligations imposed by the Personal Property Securities Act 2009 (Cth).

7. Delivery

Ignite may arrange delivery using its own staff, contractors, couriers or third-party freight providers. Delivery dates and timeframes are estimates only unless expressly agreed otherwise in writing. Estimated product lead times are generally 4–6 weeks from the date of ordering, but may vary due to supplier availability, manufacturing schedules, freight delays and stock levels.

Additional delivery fees may apply where equipment is particularly heavy or oversized, specialised equipment or vehicles are required, additional personnel are required, stairs or difficult access are involved, multiple delivery attempts are required, the delivery location is outside the standard delivery area, or additional installation or handling is requested.

The customer must ensure that the delivery location is reasonably accessible and safe. Where delivery cannot reasonably be completed because of unsuitable or unsafe access, Ignite may charge a reasonable attendance or redelivery fee.

8. Click and Collect

Where offered, customers may elect to collect their order from Ignite's premises. Customers choosing Click and Collect are responsible for ensuring that their vehicle is suitable for transporting the equipment safely. Ignite may provide reasonable assistance with loading where available; however, the customer remains responsible for ensuring the goods are securely transported.

9. Installation and Assembly

Where installation or assembly is included in the agreed service, Ignite will perform the work with reasonable care and skill. Installation may be subject to additional charges where the installation is more complex than reasonably anticipated, and does not include structural building works, electrical works, plumbing, modifications to buildings or other specialist works unless specifically agreed in writing.

The customer must provide safe and reasonable access to the installation location. Ignite may refuse to install equipment where the proposed location is unsafe or unsuitable.

10. Customer Responsibilities

The customer is responsible for providing accurate information relevant to the supply and use of equipment, including the user's physical requirements, intended use, weight and height, home or environmental conditions, access requirements, transport requirements, and any relevant equipment compatibility requirements.

Ignite relies on information supplied by the customer, healthcare professional, support coordinator, occupational therapist, physiotherapist or other relevant professional. Customers must use equipment in accordance with manufacturer instructions and any training or guidance provided.

11. Assistive Technology and Professional Advice

Ignite provides assistive technology and equipment but does not replace the role of qualified healthcare professionals. Unless expressly stated otherwise, product selection and recommendations are not a substitute for clinical assessment or professional medical advice. Where appropriate, customers should seek advice from an occupational therapist, physiotherapist, doctor or other suitably qualified professional before purchasing or using equipment. Ignite is not responsible for a customer's failure to obtain appropriate professional advice where such advice is reasonably required for safe or appropriate use.

12. Demonstrations and Product Trials

Where available, Ignite may provide product demonstrations or trials. A demonstration or trial does not guarantee that a product will be suitable for every individual or environment, and customers remain responsible for providing accurate information regarding the intended user's requirements.

Trial equipment must be returned in the condition in which it was supplied, subject to reasonable wear and tear. Damage caused by misuse, negligence or failure to follow instructions may result in charges to the customer, subject to applicable law.

13. Returns and Change of Mind

Ignite does not generally provide refunds where a customer simply changes their mind. Subject to applicable consumer rights, requests for returns, exchanges or credits should be made in writing within 7 days of delivery. Returns are subject to management approval, and where a change-of-mind return is approved, a 20% restocking fee may apply.

Returned products must generally be unused, in saleable condition, in their original packaging, include all accessories and documentation, not have been damaged or modified, and be accompanied by proof of purchase. The customer may be responsible for reasonable return freight costs for approved change-of-mind returns.

The following products may not be eligible for change-of-mind returns: customised products, special-order products, non-stock products, products ordered specifically for an individual, products that have been assembled, modified or configured specifically for the customer, and products that cannot reasonably be resold for hygiene, safety or other legitimate reasons.

This clause does not affect rights available to consumers under the Australian Consumer Law.

14. Faulty or Defective Products

If goods are faulty, damaged or do not meet a consumer guarantee under the Australian Consumer Law, the customer should contact Ignite as soon as reasonably practicable. Ignite may inspect or arrange assessment of the product to determine the nature of the issue, and depending on the circumstances and the customer's legal rights, may provide a repair, replacement, refund or other appropriate remedy.

Where the issue is determined to be caused by misuse, accidental damage, unauthorised modification, normal wear and tear or failure to follow manufacturer instructions, the repair may be chargeable.

15. Australian Consumer Law

These Terms are subject to the Competition and Consumer Act 2010 (Cth) and applicable Australian Consumer Law. Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot legally be excluded. Where a consumer guarantee applies, the customer may have rights including repair, replacement, refund or compensation depending on the nature and seriousness of the issue.

16. Manufacturer Warranties

Where applicable, products may be covered by a manufacturer's warranty. Ignite will assist customers with reasonable warranty claims in accordance with the applicable manufacturer's warranty terms, which may have specific conditions, exclusions and periods.

Warranty coverage may not apply to damage resulting from misuse, neglect, accidents, unauthorised modifications, incorrect assembly, incorrect maintenance, water or environmental damage, normal wear and tear, or use contrary to manufacturer instructions. Nothing in this clause limits rights available under the Australian Consumer Law.

17. Repairs and Servicing

Ignite may provide repair, maintenance, servicing and technical support for eligible equipment. Repair or servicing charges may include labour, parts, diagnostic assessment, travel, delivery or collection, freight, and other reasonable costs. Customers may be provided with an estimate before work commences where practicable, and additional work identified during a repair may require customer approval before proceeding.

Ignite may charge an inspection or diagnostic fee where equipment is assessed but no repair is authorised, and may decline to repair equipment where parts are unavailable, the equipment is unsafe, obsolete, uneconomical to repair or outside Ignite's service capability.

18. Service Call-Outs

Call-out fees may apply for onsite assessments, repairs, inspections or servicing, and additional travel charges may apply depending on the location. The customer must ensure safe access for technicians. Where a technician attends but cannot perform the requested work because of circumstances outside Ignite's control, an attendance fee may apply.

19. Custom and Special-Order Products

Customised and special-order products may require payment before the order is placed, and once ordered from the supplier, cancellation may not be possible. Custom products may not be returnable for change of mind, subject to the Australian Consumer Law. Customers are responsible for ensuring that measurements, specifications and other information provided for custom products are accurate.

20. Funding and NDIS Orders

Where equipment or services are funded through the NDIS or another funding arrangement, the customer remains responsible for providing accurate funding and participant information. Ignite may require evidence of funding approval before supplying equipment or commencing services; funding approval does not necessarily guarantee payment by the funding body.

Where a funding claim is rejected or payment is not available because of incorrect information, insufficient funding, funding expiry, eligibility issues or other circumstances outside Ignite's control, the customer may remain responsible for payment where legally permitted. The customer must ensure that the requested equipment or service is appropriately funded and authorised.

21. Storage of Orders

Where an order has been completed but the customer cannot accept delivery or collection, Ignite may agree to store the goods for a reasonable period. Storage fees may apply where goods remain with Ignite beyond the agreed collection or delivery period, and Ignite may require outstanding amounts to be paid before releasing stored goods.

22. Risk

Risk in goods generally passes to the customer upon delivery or collection, subject to applicable law. The customer is responsible for taking reasonable care of equipment after delivery or collection. This does not affect Ignite's obligations under the Australian Consumer Law.

23. Limitation of Liability

To the maximum extent permitted by law, Ignite will not be responsible for losses arising from misuse of equipment, use contrary to manufacturer instructions, unauthorised modifications, failure to maintain equipment, inaccurate information supplied by the customer, or circumstances outside Ignite's reasonable control. Nothing in these Terms excludes liability that cannot legally be excluded under Australian law.

24. Events Outside Our Control

Ignite is not responsible for delays caused by circumstances beyond its reasonable control, including supplier delays, manufacturing delays, transport disruptions, natural disasters, severe weather, industrial action, government restrictions, shortages of materials or products, freight delays, or other unforeseen circumstances. Ignite will endeavour to notify customers of significant delays and provide an updated estimated timeframe where possible.

25. Cancellation

A customer may request cancellation of an order before fulfilment; cancellation is subject to the nature and status of the order. Cancellation of special-order, customised or non-stock products may not be permitted once the order has been placed with the supplier. Any refund or cancellation charge will be determined in accordance with these Terms and applicable law.

26. Privacy

Ignite will handle personal information in accordance with applicable privacy laws and its privacy policies. Information may be collected and used for purposes including processing orders, arranging delivery, providing services, communicating with customers, processing funding or warranty claims, and meeting legal or contractual obligations.

27. Photographs and Documentation

Where reasonably required for servicing, installation, repair or warranty purposes, Ignite may document equipment condition through photographs or service records. Any personal information contained in such records will be handled in accordance with applicable privacy requirements.

28. Customer Complaints and Disputes

Customers are encouraged to contact Ignite as soon as possible if they have a concern regarding a product or service. Ignite will endeavour to investigate and resolve complaints fairly and promptly. Customers should provide relevant information, including invoice numbers, product details, photographs and descriptions of the issue where appropriate. Nothing in this clause prevents a customer from exercising rights available under the Australian Consumer Law.

29. Changes to These Terms

Ignite may update these Terms from time to time. The Terms applying to an order will generally be those in effect when the order is accepted, unless otherwise agreed.

30. Governing Law

These Terms are governed by the laws of Western Australia and applicable Commonwealth laws of Australia. The parties submit to the jurisdiction of the courts of Western Australia and applicable Commonwealth courts.

31. Acceptance

By placing an order, accepting a quotation, approving a proforma invoice, accepting delivery, collecting goods, requesting services or otherwise proceeding with an order, the customer acknowledges that they have read and accepted these Terms and Conditions.