These Terms & Conditions govern your use of the Kirschner Medical website and the
purchase of products and services from Kirschner Medical.

By accessing this website, submitting an enquiry, requesting a quotation, placing an
order or purchasing products from us, you agree to be bound by these Terms &
Conditions.

If you do not agree with these Terms & Conditions, please do not use this website or place
an order with us.

​

1. About Kirschner Medical

Kirschner Medical is an Australian distributor and supplier of specialist medical, rescue,
aeromedical and professional equipment.

Throughout these Terms & Conditions, "Kirschner Medical", "we", "us" or "our" refers to
Kirschner Medical Solutions, ABN 32 496 360 328 of 31-33 Bahdilli Crescent, Diddillibah
QLD 4559, Australia.

"You" or "your" refers to the person or organisation accessing our website, submitting an
enquiry, requesting a quotation or purchasing products from us.

Kirschner Medical sells products directly online through this website and through direct
sales enquiries and quotations. Orders may therefore be placed through our online store,
by email, telephone, quotation, purchase order or another ordering method agreed with
us.

These Terms & Conditions apply to all such purchases unless separate written terms have
been agreed between you and Kirschner Medical.

​

2. Website Information

We make reasonable efforts to ensure that information published on this website is
accurate, current and complete. However, product descriptions, specifications, images,
colours, dimensions, availability and other information may occasionally contain errors or
may change without notice.

Product images are provided for illustration purposes and may not always represent the
exact colour, configuration or specification of the product supplied.

Manufacturers may modify product specifications, materials, colours, packaging or
product configurations from time to time. Where appropriate, we may supply an
equivalent current version of a product.

We reserve the right to correct errors, omissions or inaccuracies on the website at any
time.

​

3. Product Availability

All products are subject to availability.

The display of a product on our website does not constitute a guarantee that the product
is currently available or that an order can be fulfilled.

Where a product is unavailable after an order has been placed, we will contact you and,
where appropriate, offer an alternative product, revised delivery timeframe or refund.

Some products may be supplied specifically to order and may therefore be subject to
different lead times or ordering conditions. These conditions will be communicated to
you where applicable.

​

4. Orders and Acceptance

Orders may be placed directly through our online store or through a quotation or enquiry
process.

Submitting an online order, purchase order, enquiry or request for quotation does not
necessarily constitute acceptance of the order by Kirschner Medical.

An online order is accepted when we confirm acceptance, issue an order confirmation,
invoice the order or otherwise commence fulfilment.

For quotation-based orders, the quotation will specify the applicable products, pricing,
quantities, delivery arrangements and any other relevant conditions. A quotation
becomes binding when accepted by the customer and subsequently accepted by
Kirschner Medical.

We reserve the right to decline or cancel an order where:

​

• the product is unavailable;
• there is an error in the product description or pricing;
• we are unable to obtain the product from the manufacturer or supplier;
• the order contains inaccurate or incomplete information;
• we reasonably suspect fraudulent or unauthorised activity; or
• circumstances beyond our reasonable control prevent fulfilment.

​

If we cancel an order after payment has been received, any amount paid for the cancelled
product will be refunded.

​

5. Pricing

Unless otherwise stated, prices displayed on our website are in Australian dollars (AUD).

Prices may change without notice. Any price change will not affect an order that has
already been accepted by us, except where the price was displayed incorrectly due to an
obvious error.

Unless expressly stated otherwise, prices are inclusive of Australian GST where applicable.

​

Shipping, freight, customs duties, taxes or other charges may apply depending on the
destination and nature of the order. Any applicable additional charges will be
communicated where reasonably practicable before the order is fulfilled.

For international or New Zealand orders, the purchaser may be responsible for applicable
local taxes, duties, customs charges or other import costs.

​

6. Quotations

Written quotations are valid for the period specified on the quotation.

Where no validity period is stated, quotations are valid for 30 days unless otherwise
specified.

A quotation may be subject to product availability, manufacturer pricing, exchange-rate
movements, freight costs or other conditions identified in the quotation.

A quotation becomes binding only when accepted by the customer and subsequently
accepted by Kirschner Medical.

​

7. Payment

For online purchases, payment must be made using the payment method available
through our website at the time of purchase.

For quotation or enquiry-based purchases, payment must be made according to the
payment terms specified in the quotation, invoice or other written agreement.

Unless otherwise agreed in writing, payment is required before goods are dispatched.

For approved business accounts, payment terms will be those stated on the relevant
quotation, invoice or account agreement.

We reserve the right to suspend or withhold delivery where payment is overdue.

​

8. Delivery

We will use reasonable efforts to meet the estimated delivery timeframe provided at the
time of order.

Delivery times are estimates only and may be affected by manufacturer availability,
freight providers, customs, weather, industrial action or other circumstances beyond our
reasonable control.

Unless otherwise agreed, delivery is made to the address provided by the customer.
You are responsible for ensuring that the delivery address and contact details supplied to
us are accurate.

Where a delivery is delayed or unable to be completed because incorrect or incomplete
information has been provided, additional delivery charges may apply.

​

9. Risk in Products

Risk in products passes in accordance with applicable law and, where permitted, the
agreed delivery terms.

Nothing in these Terms & Conditions is intended to exclude or limit any rights you may
have under applicable consumer protection legislation.

​

10. Returns and 14-Day Change of Mind Period

For standard products purchased directly from Kirschner Medical, we offer a 14-day
change-of-mind return period commencing from the date of delivery.

To be eligible for a change-of-mind return:

​

• you must contact Kirschner Medical within 14 days of delivery;
• the product must be unused and in its original, saleable condition
• the product must be returned with its original packaging, labels and
documentation where applicable, and
• the product must not have been customised, personalised or modified.

​

Customers are responsible for the cost of returning products where the return is due to
change of mind.

We recommend using a tracked delivery service when returning products, as
responsibility for the product remains with the customer until it is received by Kirschner
Medical.

Once the returned product has been received and inspected, we will process the
applicable refund in accordance with our returns procedure. Original shipping or delivery
charges are generally non-refundable for change-of-mind returns.

The 14-day change-of-mind period does not limit or replace any rights you may have
under the Australian Consumer Law or other applicable consumer protection legislation.

​

Products excluded from change-of-mind returns

Change-of-mind returns generally do not apply to products that have been:

​

• specially ordered for the customer;
• customised or personalised;
• embroidered, printed or otherwise modified;
• supplied to a specific specification or configuration;
• individually prepared or manufactured to the customer's requirements;
• opened where health, hygiene or safety considerations reasonably prevent resale;
or
• identified as non-returnable before purchase.

​

This does not affect any statutory rights relating to faulty, defective, unsafe, incorrectly
supplied or otherwise non-compliant products.

​

11. Faulty, Damaged or Incorrect Products

If you receive a product that is faulty, damaged or materially different from the product
ordered, please contact us as soon as reasonably practicable.

We may request photographs, product identification details, proof of purchase or other
information to assist us in assessing the issue.

Where a product does not meet an applicable consumer guarantee or other legal
requirement, we will provide the remedy required by law.

Depending on the circumstances, an appropriate remedy may include repair,
replacement, refund or another remedy available under applicable law.

We may liaise with the manufacturer where appropriate, but your statutory rights against
Kirschner Medical are not removed merely because a manufacturer warranty also applies.

​

12. Australian Consumer Law

Nothing in these Terms & Conditions excludes, restricts or modifies any right, remedy,
guarantee, warranty or other protection that cannot lawfully be excluded, restricted or
modified under applicable law, including the Australian Consumer Law.

Where the Australian Consumer Law applies, our products come with consumer
guarantees that cannot be excluded.

For example, consumers may have rights where goods are not of acceptable quality, do
not match their description, are not fit for a disclosed purpose or otherwise fail to comply
with applicable consumer guarantees.

Where you are entitled to a remedy under the Australian Consumer Law, we will provide
the applicable remedy in accordance with the law.

For business-to-business transactions, the application of consumer guarantees may
depend on the nature and value of the transaction and the circumstances of the
purchaser.

​

13. Manufacturer Warranties

Some products supplied by Kirschner Medical are covered by a manufacturer's warranty.

Where a manufacturer's warranty applies, the warranty period and conditions are
determined by the relevant manufacturer.

A manufacturer's warranty is additional to, and does not replace, any rights that cannot
legally be excluded under applicable consumer law.

Warranty claims may require the product to be assessed by Kirschner Medical or the
relevant manufacturer before a remedy is provided.

​

14. Product Use and Safety

Products supplied by Kirschner Medical must be used in accordance with the
manufacturer's instructions, warnings, intended purpose and applicable safety
requirements.

Where applicable, customers are responsible for ensuring that products are suitable for
their intended application and are used by appropriately trained personnel.

Information provided by Kirschner Medical regarding products is general in nature and
should not be interpreted as professional medical, clinical, operational, engineering or
safety advice unless expressly stated otherwise.

Where a product is intended for professional, medical, aviation, rescue or other specialist
use, the purchaser is responsible for ensuring that the product is appropriate for the
intended application and complies with any relevant organisational, regulatory or
operational requirements.

​

15. Product Specifications and Suitability

We endeavour to provide accurate information regarding product specifications,
materials, dimensions, certifications and intended applications.

However, manufacturers may change specifications without notice.

Where a product is purchased for a particular operational, medical, regulatory or technical
requirement, customers should confirm suitability with Kirschner Medical before placing
an order.

Unless expressly stated otherwise in writing, Kirschner Medical does not warrant that a
particular product will satisfy a specific operational, regulatory or organisational
requirement of the purchaser.

​

16. Customised Products

Customised products, including embroidered, printed, personalised, modified or specially
configured products, are generally produced specifically for the customer.

Before production, customers are responsible for checking and approving relevant
artwork, logos, names, sizes, colours, quantities and other specifications.

Once production has commenced, customised products cannot generally be cancelled or
returned due to change of mind.

This does not affect any rights available under applicable consumer law where the
product is faulty or otherwise fails to comply with a consumer guarantee.

​

17. Sizing and Apparel

Where apparel is purchased, customers are responsible for selecting the appropriate size
unless an individual sizing service has been specifically arranged with Kirschner Medical.

Sizing charts supplied by manufacturers are intended as a guide. Variations may occur
between garments, styles and manufacturers.

​

For customised or individually prepared apparel orders, customers may be required to
approve sizing information before production.

Kirschner Medical cannot accept responsibility for incorrect sizing where the customer
has supplied incorrect measurements or selected an incorrect size, subject always to any
rights available under applicable law.

​

18. Business-to-Business Terms

Kirschner Medical supplies products to businesses, government organisations, healthcare
organisations, emergency services, aviation operators and other professional customers.

Where required, separate business-to-business Terms of Trade or a supply agreement
may be negotiated and agreed in writing between Kirschner Medical and the customer.

Such terms may address matters including:

​

• account and payment arrangements
• volume or recurring orders
• agreed pricing
• delivery and freight arrangements
• product allocation
• warranty and support arrangements
• procurement requirements
• purchase-order procedures, and
• other commercial or operational requirements.

​

Where separate written B2B terms or a supply agreement have been agreed, those terms
will apply to the relevant transaction and will prevail over these website Terms &
Conditions to the extent of any inconsistency.

​

19. Intellectual Property

All content on this website, including text, photographs, graphics, logos, product
descriptions, designs, trademarks and other material, is owned by or licensed to Kirschner
Medical or the relevant third-party rights holder.

You may view and use the website for legitimate personal or business purposes.

You must not reproduce, modify, distribute, publish, transmit, sell or commercially exploit
website content without our prior written permission or the permission of the relevant
rights holder.

All third-party trademarks and brand names remain the property of their respective
owners.

​

20. Website Use

You agree to use this website lawfully and responsibly.

You must not:

​

• use the website for unlawful or fraudulent purposes
• attempt to gain unauthorised access to our systems

• introduce malicious software or harmful code
• interfere with the operation or security of the website
• reproduce or scrape substantial portions of website content without permission, or
• use the website in a manner that could damage our business, reputation or
systems.

​

We may restrict or suspend access to the website where reasonably necessary to protect
the website, our systems or our business.

​

21. Third-Party Websites and Links

Our website may contain links to third-party websites, including manufacturers, suppliers,
service providers and other organisations.

These links are provided for convenience only.

Kirschner Medical does not control and is not responsible for the content, availability,
security, privacy practices or accuracy of third-party websites.

Your use of third-party websites is subject to the terms and policies of those websites.

​

22. Privacy

We collect, use and handle personal information in accordance with our Privacy Policy.

Information provided to us may be used to process orders, provide quotations,
communicate with customers, arrange delivery, provide support, manage accounts and
otherwise provide our products and services.

Please refer to our Privacy Policy for further information.

​

23. Website Availability and Accuracy

We do not guarantee that the website will always be available, uninterrupted or free from
errors.

We may modify, suspend or discontinue any part of the website without notice.

While we take reasonable steps to maintain the accuracy and security of the website, we
do not warrant that the website will be free from viruses, malicious code or other harmful
components.

​

24. Limitation of Liability

To the maximum extent permitted by law, Kirschner Medical excludes liability for loss or
damage arising from the use of this website or products supplied by us, except to the
extent that such liability cannot lawfully be excluded.

Nothing in these Terms & Conditions excludes liability or rights that cannot legally be
excluded or limited.

Where liability may lawfully be limited, our liability will be limited to the extent permitted
by applicable law.

​

25. Events Beyond Our Control

We will not be responsible for delays or failure to perform our obligations where the delay
or failure results from circumstances beyond our reasonable control.

Such circumstances may include natural disasters, severe weather, war, terrorism,
pandemics, government restrictions, industrial disputes, transport disruption, supplier or
manufacturer disruption, customs delays, telecommunications failures or other
circumstances beyond our reasonable control.

Where reasonably possible, we will notify affected customers and take reasonable steps
to minimise the impact.

​

26. International and New Zealand Customers

Customers purchasing products for delivery outside Australia are responsible for ensuring
that the products are suitable for importation and use in the destination country and
comply with applicable local requirements.

Additional customs duties, taxes, import charges or regulatory requirements may apply.

For New Zealand customers, applicable New Zealand consumer and commercial laws
may apply depending on the nature of the transaction and the customer.

Where applicable, nothing in these Terms & Conditions is intended to exclude rights that
cannot lawfully be excluded under the laws of the relevant jurisdiction.

​

27. Changes to These Terms & Conditions

We may update these Terms & Conditions from time to time.

The current version will be published on this website and will include the date on which it
was last updated.

Changes will generally apply from the date they are published and will not retrospectively
alter rights or obligations relating to orders already accepted, unless permitted or
required by law.

​

28. Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or
unenforceable, that provision will be interpreted or modified to the extent necessary to
make it lawful and enforceable where possible.

If this is not possible, the affected provision will be severed without affecting the
remaining provisions.

​

29. Governing Law

These Terms & Conditions are governed by the laws of the state of Queensland, Australia.

Subject to any rights that cannot lawfully be excluded, the parties submit to the
jurisdiction of the courts of the state of Queensland, Australia and applicable federal
courts of Australia.

​

Where mandatory consumer protection legislation applies, nothing in this clause is
intended to prevent a customer from exercising rights available under that legislation.

​

30. Contact Us

If you have any questions regarding these Terms & Conditions, our products, an order or a
return, please contact us:

​

Kirschner Medical Solutions
ABN 32 496 360 328
31 – 33 Bahdilli Crescent, Diddillibah QLD 4559
Australia

Email: contact@kirschner.com.au
Phone: 07 5373 5461
Website: www.kirschner.com.au

Last updated: August 2026