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General

These terms and conditions together with the Customer’s order constitute the entire agreement between Spartan First Pty Ltd t/as Spartan First (ACN 629 785 682) and its successors, transferees or related companies and the Customer for the supply of Work.

This Agreement cannot be varied unless Spartan First and the Customer agree to vary it in writing.

1. Definitions

In these terms and conditions:

  • Agreement means these terms and conditions together with the Customer’s Order.

  • Australian Consumer Law means the law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any corresponding provisions of state or territory fair trading legislation or the Australian Securities and Investments Commission Act 2001 (Cth).

  • Business Hours means Monday to Friday 8.00am to 4.30pm Monday to Friday.

  • Customer means any person who purchases Products and/or Services from Spartan First.

  • Force Majeure means:
    a) war, hostilities, blockade, insurrection, invasion, act of foreign enemies;
    b) rebellion, terrorism, sabotage, strikes, revolution, insurrection, military or usurped power, or civil disturbance; and
    c) breakdown of machinery, flood, bushfire, washout, earthquake, landslide, cyclone, hurricane, epidemic or pandemic (including pandemic of a disease), typhoon, tidal wave or volcanic activity or any other cause whether similar or dissimilar to any of the clauses or categories described above and which is beyond the reasonable control of the party experiencing the event.

  • Insolvency Event means any circumstance in which the Customer is unable to pay any amounts that have become due and payable and includes without limitation, liquidation, official management, administration, compromise arrangements, mergers, amalgamation, reconstruction, winding up, dissolution, deregistration, assignment for the benefit of creditors, schemes, compositions or arrangements with creditors, insolvency, bankruptcy, or a similar procedure, or changes to the constitution of any partnership or person, or death.

  • Invoice means a tax invoice under section 29-70 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) issued by Spartan First to the Customer.

  • Non-Excludable Rights means rights under the Australian Consumer Law or other rights the Customer may have in relation to the supply of the Products that cannot lawfully be excluded by Spartan First.

  • Order means an order placed by the Customer by accepting a quote for Work it was provided by Spartan First, or otherwise an order placed in accordance with these terms and conditions.

  • Product means any product (including any equipment) sold and supplied by Spartan First to the Customer.

  • Services means the Services provided or to be provided by Spartan First under this Agreement including the Services outlined in clause 4.1, and any additional Services outlined in any Order.

  • Work(s) means the supply of Products and/or Services under this Agreement.

Orders and Pricing

  1. By placing an Order, the Customer makes an offer to Spartan First to purchase the Products and/or Services selected by the Customer on and subject to these terms and conditions.

  2. All sales of Products and Services are made at the price for that Product or Services shown on Spartan First price list(s) at the time of Order unless otherwise stipulated by Spartan First in writing.

  3. Unless specified otherwise, all prices are in Australian dollars and may be subject to change. Prices are reviewed annually on 1 July; however, Spartan First reserves the right to alter pricing on 14 days’ notice at other times of the year.

  4. Any prices or charges referred to in this Agreement and/or in any quotation are exclusive of Goods and Services Tax (GST) unless stated otherwise. The total price payable by the Customer for Work is subject to GST.

  5. All Orders, once accepted by Spartan First, are final. No Order may be cancelled except with Spartan First’s written consent and on terms which will indemnify Spartan First against all losses. The Customer acknowledges that the extent to which an Order can be modified or cancelled, if at all, will depend on the type of Work and the stage that the Order has reached in Spartan First’s system. A cancellation fee may be applicable to any cancelled order.

  6. Cost of shipping product to the Customer are additional to the product price and are calculated at the time of shipping.

  7. For pre-employment medical services:
    a) Spartan First paperwork will be used for all pre-employment medical assessments. The use of Company specific paperwork will incur a fee per set of paperwork per assessment.
    b) For Spartan First clinics, cancellations will attract a fee of 50% of the total appointment amount with less than 24 hours’ notice, not including weekends and public holidays.
    c) For Spartan First clinics, no shows or ‘did not attend’ will attract a fee of 100% of the appointment booked.
    d) For Affiliate clinics, cancellations/reschedule and ‘did not attend’ will attract a fee of 100% of the total appointment amount with less than 48 hours’ notice, not including weekends and public holidays, in the time zone the appointment is to have occurred.
    e) Surcharges and conditions may apply to services provided in Spartan First clinics on weekends and public holidays.

  8. The Customer represents and warrants that, by submitting an Order to Spartan First, it has the right and is duly authorised to submit an Order and to enter into this Agreement.