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Terms and Conditions

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The following terms and conditions shall apply to all orders placed with Sparx Lab PTY LTD . All terms and conditions are subject to change at any time and will be published on our website at www.sparxlab.com.au. Any orders or instructions received by Sparx Lab PTY LTD shall be construed as an acceptance of the terms and conditions for the supply of goods [and services] provided by Sparx Lab PTY LTD. Upon acceptance of these terms and conditions by the customer, the terms and conditions are binding and can only be amended with the written consent of Sparx Lab PTY LTD.

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Terms and Conditions

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  • These are the terms and conditions of Sparx Lab PTY LTD.

  • Sparx Lab PTY LTD reserves the right to add to, delete, or change these terms at any time. Any changes to our terms and conditions will be published on our website at www.sparxlab.com.au

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Case Acceptance

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  • Sparx Lab PTY LTD provides high quality dental laboratory products and services to dental practitioners.

  • Sparx Lab PTY LTD reserves the right to decline an order

  • Any instruction received from the Customer for the supply of goods or services shall constitute acceptance of these terms and conditions

  • Any restoration must be inserted by a licensed practitioner

 

Price and Payment

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  • Prices for the goods will be stated in a price list provided by Sparx Lab PTY LTD to the Customer

  • Prices are subject to change without notification at the sole discretion of Sparx Lab PTY LTD

  • Prices quoted are exclusive of any goods and service tax, and any other applicable taxes

  • Sparx Lab PTY LTD will accept payment via credit card, direct deposit or cheque

  • Sparx Lab PTY LTD reserves the right to hold case work if the customer’s account falls overdue

  • Sparx Lab PTY LTD may provide credit to the customer but reserve the right to request payment in advance

  • Credit can be withdrawn by Sparx Lab PTY LTD at any time

  • If accounts are not paid in full, Sparx Lab PTY LTD reserves the right to take action to recover from you any amounts due and unpaid, including interest (if applicable). You agree to indemnify Sparx Lab PTY LTD in full for any and all costs incurred by us in the recovery of unpaid amounts from you in respect of your account. Costs include, but are not limited to, debt collection costs, legal costs and court costs

  • Any product that has been supplied by Sparx Lab PTY LTD to you remains the property of Sparx Lab PTY LTD until the product is paid and you agree to return any product which has not been paid for in full to us if we request you to do so

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Collection and Delivery

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  • Sparx Lab PTY LTD provides a courier service to and from our laboratory within a 20 Km radius of Parramatta

  • Free pick up anywhere in Australia

  • Delivery/Shipping handling fee is a flat charge of $5.95

  • Sparx Lab PTY LTD takes no responsibility for work that is damaged, delayed or lost in transit

  • The Customer takes responsibility of packaging casework for safe travel to Sparx Lab PTY LTD

  • The Customer takes the responsibility to ensure their premises are accessible and open for couriers to collect casework

 

Turnaround Times

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  • Normal turnaround times for case work are between 3 and 10 in-lab days, depending on the product. This is based on the assumption that all materials and information required for successful completion is provided to Sparx Lab PTY LTD at the time of case submission

  • If Sparx Lab PTY LTD requests more information from the Customer, the Customer accepts that delays may be incurred if not be answered in a timely manner;

  • If Sparx Lab PTY LTD requests new impressions or materials from the Customer, delays will occur;

  • Cases may take longer than the standard turnaround time where there are technical queries from Sparx Lab PTY LTD technicians, potential problems to discuss, or where photographs are requested by the customer

  • Complex casework and implant cases may take longer to manufacture

  • Case work may take longer than 10 in-lab days due to factors beyond the control of Sparx Lab PTY LTD

 

Medical Advice

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  • Sparx Lab PTY LTD will discuss the sale, delivery and properties of the goods with the customer via email, telephone and in person

  • The customer acknowledges that such discussions are limited to the properties and characteristics of the goods generally and do constitute any representation, recommendation, advice or warranty by Sparx Lab PTY LTD and that Sparx Lab PTY LTD does not take any responsibility for advising on the suitability of any product (including the goods) or any treatment for any patient whatsoever. Nothing transmitted in the course of such discussions shall constitute the establishment of a doctor-client-patient relationship between Sparx Lab PTY LTD and any other person

  • The customer agrees and acknowledges that, aside from the warranty, Sparx Lab PTY LTD does not accept any responsibility or liability for loss and damage, whether arising directly or indirectly, and including indirect and consequential losses, arising out of or in connection with the manufacture, sale, delivery or use of any goods to or by the customer or any third party

  • The customer is responsible for deciding on the suitability of the work for the patient

  • In no event shall Sparx Lab PTY LTD be liable to any patients of client for any damages resulting from any use of any restoration or otherwise

 

Warranty and Guarantee

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  • Sparx Lab PTY LTD guarantees our works are defect free. It is guaranteed to fit the provided model and to be constructed to the specification set out by the prescription form

  • Sparx Lab PTY LTD will replace the product to the original specification for any defects that may occur as a result of the manufacturing process

  • Cost of shipping of repair or replacement of goods will be invoiced to the Customer if Sparx Lab PTY LTD determines case failure has not been caused by a defect in the manufacturing process

  • Warranty is void for removable prosthetics that are made without a try-in/setup procedure. Sparx Lab PTY LTD is not responsible for any additional costs or fees associated with adjustments, repairs and replacement of dental devices

  • Sparx Lab PTY LTD does not warrant that such devices are fit for purpose and if such disclaimer is not permitted by law, the duration of any implied warranty is limited to ninety days from date of invoice

  • If a new impression is requested by Sparx Lab PTY LTD, but is instructed to proceed without the new impression, the warranty shall be void. Remakes will charged at Sparx discretion

  • The original restoration must be returned for inspection to be eligible for warranty

  • If the original restoration is returned due to any major faults/defects caused by Sparx Lab PTY LTD and the customer decided not to proceed with a new product, Sparx Lab PTY LTD will provide a credit where applicable.

  • The warranty, guarantee, and refund policy as set out above does not operate to exclude statutory warranties available under Australia Consumer Law (ACL). To the extent that there is any conflict with the requirements of ACL then the provisions of ACL shall prevail

 

Exclusions

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  • The following is not covered under our warranty:

    • Cash refunds for any product

    • Costs incurred for the removal or insertion of any product

    • Remakes due to an accident, neglect, abuse, failure of supportive tooth structure or tissue structures, improper adjustments or poor dental hygiene

    • Restorations partially or wholly fabricated by any other laboratory other than Sparx Lab PTY LTD;

  • This warranty is in lieu of and supersedes all other warranties, whether expressed or implied, and may not be modified by any agent, employee or representative of Sparx Lab PTY LTD.

 

Remakes Policy

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  • There will be an additional charge for semi or high noble metals used in the remake

  • If new implant componentry is required for a remake this will incur an additional charge

  • If Sparx Lab PTY LTD deem that the damage of the warranted case has not been caused by the manufacturing process, they have the right to void the warranty

  • If an account is overdue, Sparx Lab PTY LTD will not process the remake until the account is rectified;

  • Sparx Lab PTY LTD reserves the right to charge of 50 – 100% of a case value for a remake based on the following factors:

    • A remake is requested after the lab deemed the provided case materials incomplete and/ or unsatisfactory and customer elects to proceed with the completion of the case without making any adjustment, refuses a try-in, or does not supply the requested materials

    • A remake is requested for and there is a change of original shade

    • A remake is requested and there is a material change

    • A remake is requested 30 days from the invoice date

    • A remake is requested for immediate/surgical partials or dentures

    • A remake is requested because the appliance fits the model, but does not fit intraorally

    • A remake is requested and the original materials or appliance are not returned

    • The reason for the remake is not specified

 

Law

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  • These terms are governed by the laws in the State of NSW. The parties consent to the exclusive jurisdiction and venue of the courts in NSW for all matters and actions arising under this Agreement. If any proceeding is required to enforce any provision or to remedy and breach of this Agreement, the prevailing party shall be entitled to an award of reasonable and necessary expenses of litigation, including reasonable attorney’s fees and costs.

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