Terms and Conditions of Sale and Website Use
Effective Date: 17 July 2026
These Terms and Conditions govern your access to and use of the website located at surgosupplies.com.au and the purchase of products supplied by NSMOK Pty Ltd trading as Surgo Surgical Supplies (“Surgo”, “we”, “us” or “our”).
By accessing our website, creating an account, submitting an order, or purchasing products from us, you agree to be bound by these Terms and Conditions.
1. About Us
Surgo Surgical Supplies is operated by:
NSMOK Pty Ltd trading as Surgo Surgical Supplies
Address: 17 Coleman Parade, Glen Waverley, Victoria 3150
Email: admin@surgosupplies.com.au
These Terms apply to all customers, including individuals, businesses, companies, partnerships and trusts.
2. Website Use and Account Registration
You may be required to create an account to purchase products or access certain features of our website.
When registering an account, you agree that:
(a) all information provided is accurate, complete and current;
(b) you will maintain the confidentiality of your account credentials;
(c) you are responsible for all activity conducted through your account;
(d) you will immediately notify us of any unauthorised access or use of your account.
We reserve the right to:
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refuse registration of any account;
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refuse, cancel or limit orders;
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suspend or terminate accounts;
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require additional information or verification before approving an account.
We may refuse account approval where we reasonably believe an applicant has provided inaccurate information, poses a credit risk, or may otherwise create a risk to Surgo.
3. Business and Consumer Customers
3.1 Consumers
Customers purchasing products for personal, domestic or household use (“Consumers”) must pay for products upfront unless otherwise agreed by Surgo in writing.
Consumers are not eligible for credit facilities unless expressly approved by Surgo.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to Consumers under the Australian Consumer Law or other applicable legislation.
3.2 Business Customers
Where you purchase products for business, commercial or professional purposes, you acknowledge that:
(a) these Terms apply to all purchases made by you;
(b) you are purchasing products for business purposes;
(c) you have assessed the suitability of products for your intended purpose; and
(d) to the maximum extent permitted by law, your rights and remedies are limited as set out in these Terms.
4. Orders and Product Availability
All orders placed through our website are subject to acceptance by Surgo.
We reserve the right to:
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accept or reject any order;
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limit quantities supplied;
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correct pricing errors;
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discontinue products;
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substitute products where appropriate.
An order is not accepted until confirmed by Surgo.
Product descriptions, images and specifications are provided for general information only. While we endeavour to ensure accuracy, we do not warrant that website content is free from errors or omissions.
5. Pricing and Payment
All prices are displayed in Australian dollars and include GST unless stated otherwise.
Payment must be made:
(a) by consumers, before dispatch of goods; or
(b) by approved credit customers, in accordance with their approved credit terms.
We may change prices at any time without notice. Price changes will not affect accepted orders unless required by law.
6. Credit Facilities
6.1 Application for Credit
Customers may apply for credit facilities by completing our credit application process.
Submitting an application does not guarantee approval.
Surgo may, at its absolute discretion:
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approve or reject credit applications;
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determine credit limits;
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vary credit limits;
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impose conditions on credit facilities;
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withdraw or suspend credit facilities.
We may conduct credit checks, obtain trade references, request financial information and make enquiries with third parties for the purpose of assessing creditworthiness.
6.2 Credit Terms
Unless otherwise agreed in writing, approved credit customers are provided with payment terms of 30 days from the date of invoice.
Surgo may approve extended payment terms at its discretion.
Approval of extended payment terms does not create any ongoing entitlement to those terms.
6.3 Suspension and Recovery
If you fail to pay any amount when due, Surgo may:
(a) suspend or withdraw your credit facility;
(b) require payment before accepting further orders;
(c) refer outstanding amounts to a debt collection agency;
(d) recover reasonable costs associated with recovery of overdue amounts;
(e) commence legal proceedings to recover outstanding amounts.
A debt collection agency engaged by Surgo may charge additional fees, interest or recovery costs where permitted by law.
7. Trustee and Trust Customers
Where an account application is submitted using an ABN associated with a trust structure, Surgo reserves the right to require additional documentation before approving the account.
This may include requiring directors, trustees, officers or other nominated individuals to provide a personal undertaking, guarantee or other security acceptable to Surgo.
Surgo may refuse approval, suspend trading or withhold credit facilities until any requested undertaking has been completed.
8. Retention of Title and PPSA
8.1 Ownership of Goods
Legal ownership of products supplied by Surgo remains with Surgo until all amounts owing by you to Surgo have been paid in full.
Until ownership passes:
(a) you hold the goods as bailee for Surgo;
(b) you must store goods separately where reasonably practicable;
(c) you must not sell, dispose of or encumber goods except in the ordinary course of business.
8.2 Personal Property Securities Act
You acknowledge that these Terms create a security interest in favour of Surgo for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”).
You grant Surgo all rights necessary to register and maintain a security interest over goods supplied by Surgo.
You agree to do all things reasonably required by Surgo to perfect and enforce its security interest.
To the maximum extent permitted by law, you waive any rights available to you under sections of the PPSA that may be excluded by agreement.
9. Delivery and Risk
Risk in products passes to you when products leave Surgo’s premises.
You are responsible for ensuring delivery details are accurate.
Surgo is not responsible for delays caused by third parties, carriers, events outside our reasonable control or incorrect delivery information provided by you.
10. Returns and Refunds
Returns are only accepted where:
(a) required by law; or
(b) approved by Surgo in writing.
You must contact Surgo before returning any product.
Products must generally be returned:
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unused;
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unopened;
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in original packaging;
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in saleable condition.
Due to hygiene, safety and regulatory requirements, we generally cannot accept returns of:
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sterile products;
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single-use products;
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opened medical or surgical products;
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products that cannot reasonably be resold.
Surgo may, at its discretion, offer more favourable return arrangements for particular products or circumstances.
11. Product Suitability and Medical Products
You are responsible for ensuring that products purchased are suitable for your intended use.
You acknowledge that medical and surgical products may require professional knowledge, training and appropriate handling.
Surgo does not provide medical advice and is not responsible for decisions regarding the selection, use or application of products.
12. Warranties and Australian Consumer Law
Nothing in these Terms excludes rights that cannot legally be excluded, including rights available under the Australian Consumer Law.
To the maximum extent permitted by law, Surgo excludes all warranties, representations and conditions relating to products, including implied warranties and conditions.
Where permitted by law, Surgo’s liability is limited to:
(a) replacement of the goods;
(b) supply of equivalent goods;
(c) repair of goods; or
(d) refund of the purchase price.
13. Limitation of Liability
To the maximum extent permitted by law, Surgo is not liable for:
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indirect loss;
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consequential loss;
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loss of profits;
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loss of revenue;
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loss of business opportunity;
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loss arising from delay;
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loss arising from misuse of products.
Our total liability arising from any transaction is limited to the amount paid by you for the relevant products giving rise to the claim.
This limitation does not apply where liability cannot legally be excluded.
14. Indemnity
You indemnify Surgo against any loss, damage, liability, claim, cost or expense arising from:
(a) your breach of these Terms;
(b) your misuse of products;
(c) your failure to comply with applicable laws;
(d) your negligence or misconduct.
15. Intellectual Property
All website content, including text, images, branding, logos and materials, remains the property of Surgo or its licensors.
You must not reproduce, modify, distribute or use our intellectual property without written consent.
16. Privacy
Surgo collects, uses and manages personal information in accordance with our Privacy Policy.
By using our website or creating an account, you consent to the collection and use of your information for purposes including:
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processing orders;
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managing accounts;
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assessing credit applications;
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communicating with you;
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improving our services.
Our Privacy Policy forms part of these Terms.
17. Changes to These Terms
Surgo may update these Terms from time to time.
Updated Terms will apply from the date they are published on our website.
18. Governing Law
These Terms are governed by the laws of Victoria, Australia.
You submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from those courts.
19. Contact Us
For questions regarding these Terms, please contact:
NSMOK Pty Ltd trading as Surgo Surgical Supplies
Email: admin@surgosupplies.com.au
Address: 17 Coleman Parade, Glen Waverley, Victoria 3150