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Tomident |
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"User" means the person or entity using the website.
"Owner" means the company that owns the website, Tomident.
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "https://www.tomident.com/".
Last Updated: June 5, 2025
These Terms and Conditions ("Ts&Cs") govern your use of the website https://www.tomident.com/ ("Website") and any transactions with Tomident Pty Ltd (ABN: 82 167 519 922) ("Company," "we," "us," or "Owner"). By accessing or using the Website or placing an order for Products, you agree to be bound by these Ts&Cs. If you do not agree, you must not use the Website or purchase Products.
Australian Consumer Law (ACL): Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Company: Tomident Pty Ltd (ABN: 82 167 519 922).
Customer: The individual or entity placing an Order or purchasing Products from the Company.
Order: An offer by a Customer to purchase Products from the Company.
PPS Act: Personal Property Securities Act 2009 (Cth) and its associated regulations.
PPSR: Personal Property Securities Register established under the PPS Act.
Products: Dental products, consumables, equipment, digital technology, CadCam, laboratory equipment, dental specialties, and related products or services ordered by the Customer or supplied by the Company.
Quotation: A list and specification of Products with prices, provided by the Company.
Service Provider: The company providing the Website’s content management system and hosting services.
User: The individual or entity using the Website.
Website: https://www.tomident.com/.
Writing: Includes quotes, letters, faxes, emails, and similar electronic communications.
These Ts&Cs apply to all agreements, Orders, and sales between the Company and the Customer, superseding any prior agreements unless otherwise agreed in Writing. By using the Website or placing an Order, you accept these Ts&Cs.
The Company may amend these Ts&Cs at any time by posting the updated version on the Website. Amendments apply to any Order placed after the date of publication. The Company is not obligated to notify Customers of amendments beyond posting on the Website.
An agreement is formed when the Company accepts an Order, which may be confirmed orally, in Writing, or by delivery of Products. Orders are irrevocable offers by the Customer and constitute acceptance of these Ts&Cs.
Orders cannot be varied or canceled without the Company’s written consent. Subject to clause 11, there is no automatic right of return.
Prices are as agreed in Writing or as indicated on invoices issued by the Company. If no written agreement exists, the invoice price applies.
Quotations are indicative only and based on quantities and prices current at the time of issue.
The Company may issue amended invoices to correct genuine errors.
Delivery and handling charges may apply, based on the Company’s usual or reasonable rates, which are subject to change.
All prices are GST-exclusive unless stated otherwise. The Customer must pay any applicable GST at the same time as the invoice payment.
If an adjustment event occurs (e.g., price correction), the Company will issue an Adjustment Note, and any GST difference will be paid, refunded, or credited as applicable.
GST-related reimbursements exclude any GST component for creditable acquisitions.
The Company may require prepayment or grant credit at its discretion. Credit approval may be withdrawn at any time.
If credit is approved, invoices are due within 30 days from the end of the month in which a statement is issued, unless otherwise agreed in Writing.
A credit card service fee may be added to cover administration and banking costs.
If the Customer fails to pay by the due date or breaches these Ts&Cs, they are in default.
The Company may:
Charge interest at 1.5% per month on overdue amounts, accruing monthly until paid.
Recover all collection costs, including legal fees (on a solicitor-client basis) and mercantile agency fees.
Cancel credit, reverse discounts, require prepayment, report to credit agencies, commence legal action, refuse further supply, or exercise PPS Act rights.
A certificate of debt signed by a Company representative is prima facie evidence of amounts owed.
Delivery occurs when:
The Customer takes possession at the Company’s address;
Products are delivered to the Customer’s nominated address; or
The Customer’s nominated carrier takes possession (acting as the Customer’s agent).
The Customer must accept delivery and make arrangements to receive Products at the nominated address.
Delivery to a third party nominated by the Customer is deemed delivery to the Customer.
Customers cannot refuse delivery of accepted Orders.
If delivery cannot occur due to Customer unavailability, the Company may charge reasonable costs for storage, demurrage, or redelivery.
If a service technician cannot perform services due to Customer delays or restricted access, a call-out fee applies.
The Company is not liable for losses due to delayed or non-delivery, and such delays do not entitle the Customer to repudiate the agreement.
A signed Proof of Delivery (POD) document by the Customer or their representative confirms delivery in accordance with the Order.
Product specifications, images, and details in catalogs, price lists, or advertising are approximate and for illustration only, unless agreed in Writing by the Company.
Specifications are subject to recognized trade tolerances.
Risk: Passes to the Customer upon delivery to the Customer, their agent, or courier.
Title: Remains with the Company until full payment (in cleared funds) is received for the Products and any other amounts owed by the Customer.
The Customer holds Products as a fiduciary agent and bailee until payment is complete.
If the Customer defaults or becomes insolvent, the Company may enter the Customer’s premises to repossess unpaid Products without liability for resulting costs or damages.
The Customer acknowledges that these Ts&Cs create a security interest in the Products and their proceeds under the PPS Act.
The Company may register this interest, including as a Purchase Money Security Interest (PMSI), on the PPSR.
The Customer agrees to assist with registration and waives the right to receive notices under section 157(3)(b) of the PPS Act.
Certain PPS Act provisions (e.g., sections 95, 96, 125, 129, 130, 132(4), 135, 142, 143) are contracted out to the extent permitted by law.
Neither party will disclose PPS Act information to third parties under section 275(1), except as required by law.
The Customer must notify the Company at least 14 days before changing its name or other details.
The Customer must inspect Products within 3 days of receipt and notify the Company in Writing of any shortages, defects, damages, or inaccuracies. After this period, Products are deemed defect-free.
Used Products cannot be returned unless defective.
Returns require prior notification and Company approval.
Returned Products must be unopened, in original packaging, and in saleable condition.
The Company may recover costs if returns are not valid or defective.
Freight and handling costs for non-defective returns are the Customer’s responsibility.
Products such as medicines that cannot be resold are not returnable, except as required by law (e.g., ACL).
A 30% restocking fee applies to non-defective returns, unless otherwise required by law.
Returns and refunds for defective Products or breaches of ACL guarantees will comply with non-excludable rights under the ACL.
The Customer may withhold disputed invoice amounts if the undisputed amount is paid in full and written notice of the dispute is provided before the due date, detailing the issue and calculation.
The Company will investigate disputes and notify the Customer of the outcome. Disputed amounts deemed payable must be paid within 7 days of notification.
Undisputed invoices not objected to within 30 days of the due date are deemed accepted.
Except as provided by non-excludable ACL guarantees, the Company excludes all warranties, conditions, and liabilities (including for negligence) to the extent permitted by law.
For breaches of non-excludable guarantees, the Company’s liability is limited to (at its option):
For goods: refund, replacement, repair, or payment of repair/replacement costs.
For services: refund, re-supply, or payment of re-supply costs.
The Company is not liable for consequential losses, except as required by law.
The Customer acknowledges they have not relied on Company representations and have verified Product suitability.
The Company collects, uses, stores, and discloses personal information in accordance with the Tomident Privacy Policy.
The Customer consents to the Company sharing information with third parties (e.g., credit agencies, PPSR) as outlined in the Privacy Policy.
Contact the Privacy Officer at info@tomident.com for inquiries.
Users must be authorized individuals or representatives of the registered entity.
The Company may verify account validity and password security.
Users indemnify the Company and Service Provider against third-party claims arising from Website use.
Website prices are an invitation to treat, not a binding offer. Order confirmation emails acknowledge receipt but do not confirm acceptance.
Acceptance occurs upon manual confirmation by the Company.
Website content is copyrighted by the Company or Service Provider. Copying or use requires prior written permission.
The Website uses secure TLS 1.2, ECDHE_RSA with P-256, and AES_128_GCM for all transactions, including credit card payments.
The Company and Service Provider are not liable for Website unavailability due to technical or other issues, including negligence.
Dispatch: In-stock items are shipped within 48 hours of payment confirmation.
Delivery: Shipments are made to physical addresses in Australia and New Zealand only (no PO Boxes). Customers are responsible for coordinating redelivery with the shipping company.
Returns: Accepted within 14 days of invoice date for unopened, saleable Products in original packaging. Returns are subject to clause 8.
These Ts&Cs are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of New South Wales courts, including the Local Court nearest the Company’s place of business where applicable.
These Ts&Cs, along with any written agreements, constitute the entire agreement. Variations must be in Writing and signed by both parties.
Notices may be delivered by hand, post, fax, or email to the Customer’s last known contact details. Notices are deemed received:
By hand: on delivery.
By post: two business days after posting.
By fax/email: on dispatch with a clear transmission report.
Invalid or unenforceable terms are severed without affecting the remaining provisions.
The Company may assign or subcontract its rights and obligations without Customer consent. The Customer may not assign without Company consent.
If the Customer sells their business, they must notify the Company in Writing to close the account. Failure to notify makes the Customer jointly liable for subsequent orders.
The Company is not liable for delays or failures due to events beyond its control (e.g., natural disasters, strikes, supplier issues).
The Company’s failure to enforce any right does not waive it. Strict compliance may be required at any time.
A $55 (including GST) administration fee, plus bank charges, applies to returned cheques.
Tomident Pty Ltd
96 Elizabeth St, Ashfield NSW 2131, Australia
Phone: (02) 9799 1414
Email: info@tomident.com
By using the Website or placing an Order, you acknowledge and agree to these Terms and Conditions.
