Terms and conditions of trade

These terms and conditions govern the supply of the Services by Medilaw Group to the Customer.

These terms apply where a customer has not entered a separate agreement with Medilaw.

The Medilaw Group consists of:

Medilaw Pty Ltd (ABN 89 094 975 112)
Medilaw Victoria Pty Ltd (ABN 87 135 623 737)
Australian Medico-Legal Group (ABN 80 119 532 624)
Medico Legal Opinions (ABN 94 601 761 764)
Next Health (ABN 12 057 214 990)
MindSense (ABN 83 818 302 676)

1. Provision of the Services

1.1 Upon the Customer engaging Medilaw Group, Medilaw Group will provide the Services to the Customer in accordance with that Engagement.

1.2 The Customer may, if provided for in any Engagement, refer an Examinee to Medilaw Group for Medilaw Group to provide the relevant Services to that Examinee.

1.3 The Customer warrants that it has obtained the relevant approval and consent of the Examinee for:
a) Medilaw Group providing any of the Services to that Examinee; and
b) Medilaw Group providing a copy of any report in respect of the Examinee to the Customer or any person nominated by the Customer.

1.4 The Customer acknowledges that the provision of the Services may be disrupted or delayed due to the acts of third parties that are beyond the reasonable control of Medilaw Group. Where this occurs, Medilaw Group will act to rectify this in good faith.

1.5 Where the Customer or Examinee does not provide the relevant documentation to Medilaw Group at least five business days in advance of the scheduled appointment, Medilaw Group reserves the right to cancel the scheduled appointment. Cancellation fees may apply.

1.6 Where the Examinee or the Customer does not provide reasonable assistance to enable the provision of those Services, then the Customer is still liable to pay any fees to Medilaw Group that relate to those Services.

1.7 Where there is reasonable justification on Medilaw Group’s part, the Customer agrees that Medilaw Group may decline to supply any of the Services or decline to continue to supply those Services or decline to accept any Engagement from the Customer.

1.8 The Customer acknowledges and accepts that in respect of any medical or other health care report and related advices provided to the Customer, this is provided on an ‘as is’ basis and is at least partly based upon information provided by the Customer and/or the relevant Examinee, as a consequence of which Medilaw Group is not responsible for incorrect, incomplete or otherwise false information provided by the Customer or Examinee to the Expert or to Medilaw Group which leads to any unsatisfactory conclusion.

1.9 Expert Witness Services – You will be provided with the fees and the terms and conditions upon confirmation of your booking.

2. Payment of Fees

2.1 The Customer must pay all fees as listed on our invoice within the terms specified.

2.2 At Medilaw Group’s discretion, upon request from the Customer, we may invoice multiple Customers for the provision of Services.

2.3 The Customer agrees that, where required to do so by the Medilaw Group, it will pay any fees in advance to Medilaw Group.

2.4 At Medilaw Group’s discretion we may insist that our invoice and/or any outstanding invoices are paid in full before we will release a Report to the Customer.

2.5 If the Customer cancels or reschedules an appointment with three business days’ notice or less of the appointment date, the Customer will incur a late cancellation fee.

2.6 The Customer will pay any failure to attend fee that Medilaw Group may apply if the Examinee fails to attend for the provision of any Services.

3. GST

3.1 All fees will specify if they are inclusive or exclusive of GST.

4. Financial Information

4.1 The Customer authorises and consents to Medilaw Group seeking, using and exchanging any reports from a credit reporting agency of its choosing containing personal information about the Customer in relation to the collection of any monies owing from the Customer, to the extent allowed by law.

4.2 The Customer will provide any instructions and/or authorities reasonably required by Medilaw Group and its authorised agents to enable Medilaw Group to make investigations into the Customer’s trading and financial position.

5. Disclaimer

5.1 To the extent permitted by law, if Medilaw Group becomes liable to the Customer in any manner whatsoever for breach of warranty or in relation to the supply of any Services, then Medilaw Group’s liability will be limited solely to the price paid by the Customer for such Services or the cost of their repair or resupply, whichever Medilaw Group determines.

6. Definitions

Customer A person or entity who engages Medilaw Group or who is supplied the Services by Medilaw Group.
Engagement Any engagement of Medilaw Group for any of the Services.
Examinee Any person or entity who or which is referred to Medilaw Group by a Customer.
Expert A doctor or other expert health care professional, who is engaged to provide any Services.
Fees The fees payable by the Customer for the provision of the Services, including any applicable charges relating to the cancellation or rescheduling of appointments.
Report The Expert’s medical opinion of the Examinee’s condition as requested by the Customer.
Services Any services provided by Medilaw Group to the Customer or the Examinee from time to time, including, without limitation, the provision of medical reports, health care or related advices, medical consultation services, expert opinions, expert witness services and any associated health care management services.

7. Our Commitment to You

7.1 We will perform our services with due care, competence and diligence. We will act ethically and in accordance with relevant professional codes at all times.

8. Customer Feedback

8.1 Medilaw Group strives to provide Customers with timely and independent expert medical opinions with the highest levels of customer service, diligence and professionalism when dealing with you. We welcome your feedback which can be sent by email to: contact@medilaw.com.au