Trading terms and conditions
This website is owned and operated by OPED Australia Holdings Pty Ltd (ACN 637 239 402) (OPED, we, us). By using this website, by making an order with us and/or by booking an appointment at our clinic, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
We reserve the right, at any time to modify, alter or update these Terms and Conditions and you agree to be bound by such modifications, alterations or updates on subsequent orders or visits.

 

1. Definitions
In these Terms and Conditions:
1.1. “buyer, you” means any person, firm or company making an order from us or having an appointment with us.
1.2. “commercial buyer” means a buyer who buys the products for commercial purposes, such as resale.
1.3. “consumer buyer” means a buyer who is not a commercial buyer.
1.4. “terms and conditions” means these terms and conditions and any special terms and conditions agreed in writing by the seller with the buyer.
1.5. “products” means the goods sold by us or services supplied by us.
1.6. “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999.

 

2. General
2.1. These terms and conditions apply to all transactions between you and us relating to the products. Unless agreed by you and us in writing, these terms and conditions take precedence over any terms contained in any document you provide to us. No variation to these conditions shall be binding upon unless that variation has been agreed to in writing by you and the OPED’s authorised representative.
2.2. We may update these terms and conditions on our website from time to time without notice to you.
2.3. The availability of the products is subject to change at any time. We will not be liable to you for loss or damage whatsoever arising from failure to deliver or delay in delivery of any products, except for the repayment of any purchase price paid by you for a product that is unavailable or has failed to be delivered.
2.4. Any reference in these terms and conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time,
2.5. Unless the context otherwise requires, words importing one gender include any other gender, words importing the singular include the plural and vice versa and reference to a person includes a body politic, a body corporate and a natural person.
2.6. Any reference in these terms and conditions to OPED will include reference to its trading subsidiaries including Orthopaedic Appliances Pty Ltd (ACN 006 520 314), Orthotic & Prosthetic Centre Pty Ltd (ACN 007 117 848) and Artificial Limbs and Appliances Pty Ltd (ACN 147 716 283) and all entitles are entitled to enforce these terms and conditions.

 

3. The Price and Payment
3.1. Unless otherwise stated, the price for the product shall be the price stated in the order for the product. Except for commercial buyers, for consumer buyers the price is inclusive of GST. If delivery is required, delivery charges will be applicable.
3.2. Prices for products, listed on our marketing materials or our website may change from time to time.
3.3. Any quotes we provide are open for you to accept within 30 days after which they will automatically lapse.
3.4. For commercial buyers: for ongoing sales we may by giving you notice at any time at least prior to 7 days before delivery of the increase the price of the product to reflect any increase in the cost to us which is due to factors occurring which are beyond the sellers reasonable control (including without limitation, foreign exchange fluctuations, taxes and duties and the cost of labour, materials and other manufacturing costs). You may cancel the purchase order for the product within 7 days of any such notice.
3.5. The price for the product must be paid in full at the time of ordering by any one of the following methods:- (i) credit card; (ii) debit card; (iii) bank transfer; (iv) payment on account.
3.6. If for any reason you fails to make payment as required by these terms and conditions, then from the due date of payment you will be liable to us for interest on the balance of the outstanding amount due at the rate of fixed under the Penalty Interest Rates Act 1983 (Vic).
3.7. If you fail to make any payment on the due date then without prejudice to any other remedies hawse have, we may suspend or cancel further deliveries of any products to you.
3.8. If a product is not in stock, the seller will contact the buyer to discussed revised delivery times or refund options.

 

4. Payment on Account
4.1. Unless otherwise agreed in writing, each invoice issued by us to you is payable in full within 30 days of issue.
4.2. We reserve the right to charge a dishonour fee at the rate of $30 where a cheque payment is dishonoured.
4.3. Accounts more than 30 days past due or in excess of their credit limit will be placed on IMMEDIATE STOP CREDIT until all overdue invoices are paid in full.
4.4. Following suspension/cancellation of the credit limit taking effect all monies owing to us for products supplied and invoiced shall be due and payable immediately.
4.5. We reserve the right to commence recovery proceedings in the event that invoiced payments are not made in full within the time stipulated on the invoice. If the account is overdue, you will be liable to us for all collection costs and expenses incurred by us in the collection overdue accounts (including legal costs) on an indemnity basis.

 

5. Delivery of the Product
5.1. We will make the best endeavours to deliver the products at the location you have specified in the order by the agreed delivery date. You acknowledge that the delivery date is an estimate only and late delivery shall not relieve you of your obligation to accept delivery and pay for the products delivered.
5.2. You acknowledge that the manufacturer of the products may not supply us with the products. You will waive us from any liability and hold us harmless of any loss or damage that you may incur as a result of us not being able to fulfil your products.
5.3. Delivery of the products will be at your expense and we will nominate a carrier to deliver the products to you at our negotiated rate. Other delivery arrangements must be arranged at the time of providing us with an order.
5.4. You must give us at least 14 days written notice of any proposed change to your details, including but not limited to, your trading name (if applicable), delivery address, email address and telephone numbers.
5.5. If we cannot make delivery of the products to the address you have provided to us, then you will be liable to us for any storage charges we may incur as a result of any failed deliveries.
5.6. Risk in the products passes to you upon delivery of the products to you.

 

6. Ownership of the Product
6.1. Ownership of the product will not pass to you until we have received payment in full of the price of the product together with any delivery or other charges you are required to pay.

 

7. Adjustment and Review (Consumer Buyers Only)
If you require an adjustment or review of a Product and the adjustment or review is required within 14 days of purchase or delivery (as applicable), we will provide you with a subsequent consultation and/or adjustment free of change. If you require an adjustment or review of a Product after 14 days of purchase or delivery (as applicable) then the consultation will be subject to our standard consultation fee.

 

8. Bringing a Claim (Commercial Buyers Only)
8.1. You must inspect the product as soon as reasonably possible after delivery. You must notify us within two working days of delivery of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The buyer must allow the seller an opportunity to inspect the product within a reasonable time after delivery and before the buyer makes any use of the product. If the buyer fails to comply with these provisions, the product will be deemed to be in accordance with the agreement between the buyer and the seller and free from any defect or damage which would be apparent on a reasonable examination of the product and the buyer will be deemed to have accepted the product.
8.2. For commercial buyers only: if the product is not as agreed between you and us any reason, your remedy shall be limited to requiring the seller to make good any shortage, defect, damage or failure to comply with description or sample by either replacing the product or, if the sellers elects to do so, by refunding a proportionate part of the price.

 

9. Statutory Warranties (Consumer Buyers Only)
9.1. OPED’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
9.1.1. to cancel your service agreement; and
9.1.2. to a refund for the unused portion, or to compensation for its reduced value.
9.2. You are also entitled to choose a refund or replacement for major failures with goods.
9.3. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
9.4. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

 

10. Cancellation of Orders
10.1. By making an order you have entered into an agreement with us to deliver the Products and you will be bound by the order. We will only agree to cancel an order upon written agreement and subject to you paying a cancellation fee, which will be equal to the amount of costs we incur as a result of the cancellation of the order. You acknowledge and agree that the cancellation fee is reasonably necessary to compensate us for the purchase, handing, storage and redelivery of cancelled orders.

 

11. Cancellation of Appointments
11.1. For NDIS patents, the cancellation of appointments is subject to the terms of the applicable NDIS Participant Service Agreement
11.2. For non-NDIS and/or self managed patients, you must attend all appointments at the agreed times. You must give at least 2 business days’ notice (by email or telephone) to OPED if you need to change or cancel an appointment. Where the appointment is cancelled without the appropriate notice, or if you are a no-show then you will be liable to us for 100% of the cost of the appointment. You acknowledge that without proper notice of change or cancellation of appointments, OPED is not able to re-book the missed appointment and as such the cancellation fee is a reasonable estimate of OPED’s loss.

 

12. The extent of the Sellers liability to the Buyer (Commercial Buyers Only)
12.1. The products will be manufactured in accordance with our current specification relating to the product, details of which are available on request.
12.2. To the extent permitted by law, our liability to you, whether for breach of contract, negligence or otherwise shall not in any event exceed the price of the product. We will have no liability to you for any direct loss and/or expense or indirect loss and/or expense suffered by you or any liability to third parties incurred by you.
12.3. All warranties and conditions whether implied by statute or otherwise are excluded provided that nothing will restrict or exclude liability for death or personal injury caused by our negligence or affect your statutory rights as a consumer.
12.4. We will not be liable to you by reason of any delay in performing, or failure to perform, any of our obligations in relation to the product of these terms and conditions, if the delay or failure was due to any cause beyond our reasonable control. The following shall be regarded as a non-exhaustive list of causes beyond our reasonable control:-
12.4.1. Act of God, explosion, flood, tempest, fire or accident;
12.4.2. War or threat of war, sabotage, insurrection, civil disturbance or requisition;
12.4.3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
12.4.4. Import or export regulations or embargoes;
12.4.5. Strikes, lockouts or other industrial action or trade disputes whether involving the seller’s employees or those of a third party;
12.4.6. Difficulty in obtaining raw materials, labour, fuel, parts or machinery; and
12.4.7. Power failure or breakdown in machinery.

 

13. Returns Policy (Statutory Warranties – Consumer Buyers Only)
13.1. If the products delivered do not comply with the warranties under the Australian Consumer Law, you must notify us within 7 days of delivery at which point we will arrange for inspection or return of the defective products. We will only accept returns if we accept that the products are not as described in your order or if in our reasonable opinion it is clear that the products are defective, not of merchantable quality or not fit for purpose. We will only accept returned products in the same manner and condition that they were delivered.
13.2. To complete your return, we will require an RA Form, that can be obtained by speaking with our Customer Service department. The RA form needs to be returned with the goods in order for a refund to be processed.

 

14. Returns Policy (Change of Mind – Consumer Buyers Only)
14.1. Products can be returned for change of mind within 14 days for a full refund (excluding freight). To be eligible for a return, your return must be unused and in the same condition that the Products were received, and must be in its original packaging. Products that are custom made for you cannot be returned for change of mind. To complete your return we will require an RA Form, that can be obtained by speaking with our Customer Service department. The RA form needs to be returned with the goods in order for a refund to be processed.
14.2. No Medical product worn or used by you(or for commercial buyers, your patients/customers) will be accepted for return without our prior approval on terms to be determined at our discretion.
14.3. Should we agree to accept any such product for return, we are entitled to retain restocking fee of 15% of the invoice price. Such product must be returned by you carriage-paid to
14.4. Products returned without our prior approval may, at our absolute discretion be returned to you or stored at your expense without prejudice to any rights or remedies hawse may have.
14.5. Delivery charges are non refundable.

 

15. Refunds/Credits
15.1. Once your return is received, with the RA Form and inspected, we will notify you if it has been approved or rejected for a refund.
15.2. To the extent the Australian Consumer Law does not apply, we will only refund payments made by you to us if the order has not yet been invoiced or if we have invoiced and supplied the wrong part or product. The product is identified by a stock code number. If you should choose the wrong product when ordering we will not be liable and any refund or exchange will be at our discretion.
15.3. If you are approved, then the refund/credit note will be processed and a credit note will be applied to your account. If you paid for the item via Credit Card/EFT when purchase made, then a refund will be processed.

 

16. Exchanges
If an exchange has been approved by us, the replacement order will be supplied and invoiced once the product has been returned to us a credit or refund will be processed. For Orthopaedic Appliances Pty Ltd account holders, a credit will be applied to your account once goods are received by us. For Cash Sale customers, we will require payment for replacement orders to be supplied, and once we receive your goods into our office, we will process a refund on your credit card.

 

17. Severability
In the event that any or any part of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such terms, conditions or provisions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

18. Waiver
No waiver by us of any breach of these conditions shall be considered as waiver of any subsequent breach of the same or any other provision of these conditions.

 

19. Whole Agreement
No modification, variation or amendment to these terms and conditions shall be of any force or effect unless in writing and signed by parties.

 

20. Intellectual Property Rights
20.1. The material contained on this website and any materials provided by us to you contains our intellectual property rights. You you must not use, copy, modify, transmit, store, publish or distribute our intellectual property without obtaining the Company’s prior written consent.

 

21. Security
When you order through this website a secure server is used. The server encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide.

 

22. Website Disclaimers and Limitation of Liability
Except where to do so would cause any part of these terms and conditions to be illegal, void or unenforceable, you acknowledge that we:
22.1. to the fullest extent permitted by applicable law, are not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of our website; and
22.2. exclude liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred by you in connection with our website.
Without limiting the general disclaimer, we:
22.3. are not liable to you or anyone else if errors occur in the information on our website or if that information is not up-to-date;
22.4. will not be liable for disruptions to our website; and
22.5. are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of our website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses.

 

23. Privacy Policy
We undertake that we will comply with the OPED’s Privacy Policy outlined here – Privacy-Policy-OPED-Australia-October-2025.pdf

 

24. Governing Law
All sales are deemed to be made in Australia, and shall be governed and construed in accordance with the Law of the State of Victoria and the Commonwealth of Australia.

 

25. Feedback, Complaints and Incident Management
OPED values and actively seeks feedback following customer interactions. If you’re not happy with the products or services provided by OPED, please call your local contact (clinician or sales representative) for assistance. Formal complaints can also be lodged online via OPC Health – ⁠Contact Us, or OAPL Clinical Services – ⁠General Feedback Form.

We follow an internal escalation process to address concerns quickly.

You may wish to seek further advice from the Australian Competition and Consumer Commission. For unresolved complaints related to NDIS services, you may wish to seek advice from the NDIS Quality and Safeguards Commission on 1800 035 544.