Terms & Conditions for Service and Conditions for Test Samples
Terms and Conditions for Provision of Services by the Australian Radiation Protection and Nuclear Safety Agency (Agreement)
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Please read these Terms and Conditions carefully as they specify the basis of the Agreement under which the Service is provided to the Client by the Commonwealth of Australia through the CEO of ARPANSA.
1.1 ARPANSA shall provide the Service in accordance with this Agreement.
2.1 The Client shall read this Agreement carefully and ensure compliance with its Terms and Conditions including ensuring that payment is made for the Service provided within the prescribed times.
3.1 For the purposes of this Agreement the following definitions apply:
ARPANSA – the Commonwealth of Australia acting through the Australian Radiation Protection and Nuclear Safety Agency
ARPANS Act – the Australian Radiation Protection and Nuclear Safety Act 1998
Client – the individual, company or other legal person receiving the Service under this Agreement
ARPANSA web site – www.arpansa.gov.au
GST – goods and services tax
GST Act – A New Tax System (Goods and Services Tax) Act 1999
Quoted Price – the price quoted by ARPANSA for providing the Service that is described in the Quotation
Quotation – the document containing the Quoted Price for providing the Service under this Agreement signed by the Client by way of acceptance
Terms and Conditions – the terms and conditions which form this Agreement and are the basis upon which the Services under this Agreement are provided.
Schedule of Charges – the prescribed price lists for Services provided by ARPANSA
Service – the Service provided by ARPANSA under this Agreement as described in the Quotation or Service Request Form
Service Request Form – the document completed by the Client detailing the Services requested from ARPANSA
4.1 The parties to this Agreement are the Client and ARPANSA.
5.1 From 1 March 2013 these Terms and Conditions supersede, revoke and replace any existing conditions of Agreement operating between the parties.
5.2 Subject to any Special Conditions, this Agreement represents the entirety of the Agreement for the provision of Services by ARPANSA and ARPANSA is no way bound by any representations which have not been expressly confirmed by ARPANSA in writing.
6.1 Provision of the Service may also be subject to Special Conditions that are outlined in the Quotation document, Service Request Form or noted at the end of this Agreement and which are expressed to be in addition to the Terms and Conditions set out in this Agreement by ARPANSA.
7.1 Where ARPANSA provides a Quotation for the Service, the Quoted Price is valid for acceptance for 30 days from the date of that Quotation unless stated otherwise.
8.1 The price for the provision of the Service is that contained in the Quotation sent by ARPANSA and accepted in writing by the Client or in the prescribed Schedule of Charges for the Service.
8.2 The Schedule of Charges may be varied from time to time. Services already commenced will not be affected by a price change. Services which have not already commenced will be subject to any price change noted on the ARPANSA
8.3 The Client must pay all freight, transport or postage charges in connection with any equipment, device or material furnished to ARPANSA in connection with the Services.
8.4 The charges for the Services will be in Australian dollars and payment must be made in Australian dollars.
9.1 ARPANSA is liable for GST under the GST Act subject to the current Schedule 1 of A New Tax System (Goods & Services Tax) (Exempt Taxes, Fees & Charges) Determination. Unless otherwise stated, all prices for Services under this Agreement will be inclusive of GST and payable by the Client.
9.2 ARPANSA agrees to issue the Client with a tax invoice in relation to taxable supplies made under this Agreement.
10.1 The Client shall pay all charges under this Agreement by the due date specified on the invoice.
10.2 ARPANSA reserves the right to discontinue provision of the Service where invoices remain outstanding for a period of 60 days from the date specified on the invoice.
10.3 All monies owing under this Agreement are debts due and payable to the Commonwealth of Australia and may be recovered in a court of competent jurisdiction.
11.1 The laws of the State of Victoria in Australia govern this Agreement.
12.1 ARPANSA excludes any statutory warranties or implied terms to the extent legally permitted in respect of the Service.
12.2 ARPANSA warrants that the Service is of merchantable quality within the meaning of the Competition and Consumer Act 2010.
12.3 ARPANSA takes all reasonable care to ensure an accurate and cost effective Service is provided to the Client under this Agreement, however all warranties under this Agreement are subject to the Client following ARPANSA’s instructions or subject to any limitations expressed by ARPANSA in relation to the provision of the Service.
12.4 In any case:
(a) ARPANSA is not liable to the Client for any direct, indirect or consequential loss or damage arising out of its performance or non-performance of its obligations under this Agreement or from any cancellation of the Agreement or from any negligence, misrepresentation or other act or omission on the part of ARPANSA its servants, agents or contractors.
(b) Notwithstanding the previous clause, ARPANSA’s liability to the Client, however it may arise, will not exceed, in aggregate, the amount payable by the Client for Services under this Agreement.
(c) ARPANSA will not be liable for any damage, loss or injury suffered by the Client due to the Client in any way using or relying upon the Service, including information supplied to the Client, and the Client shall indemnify ARPANSA against any liability incurred by ARPANSA arising from ARPANSA endeavouring to complete the Service, or from the use or reliance on the Service by the Client.
13.1 The Agreement shall terminate:
(a) upon completion of the Service and payment of all monies owing by the Client under the Agreement; or
(b) upon mutual agreement of the parties that has been reduced to writing and signed by both parties; or
(c) at the discretion of ARPANSA, including but not limited to, if the Client commits any act of bankruptcy, enters into any composition with the Client’s creditors or (in the case of a company) does any act which would render it liable to be liquidated, or if a resolution is passed or proceedings commenced for the liquidation of the Client or if a receiver, statutory manager or similar functionary is appointed in respect of its assets.
13.2 If the Agreement is terminated in accordance with clause 13.1(b), the Client shall pay for the Service or part of the Service that was provided by ARPANSA prior to termination.
14.1 Notwithstanding any other provision of the Agreement, and unless otherwise agreed in writing prior to entry into the Agreement, all intellectual property rights arising from or developed in the course of ARPANSA performing its obligations under the Agreement shall vest or remain with the Commonwealth for its sole and unrestricted use and benefit.
15.1 The Client may not assign any of the Client’s rights or obligations under the Agreement without prior written consent of ARPANSA.
16.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless in writing.
17.1 As required by law or statutory obligation, ARPANSA reserves the right to disclose data or information obtained through the provision of the Service. ARPANSA reserves the right to immediately cease provision of the Service where a conflict of interest arises between ARPANSA and the Client or between the provision of the Service and the CEO’s obligations under the ARPANS Act (as determined at the CEO’s absolute discretion).
ARPANSA reserves the right to decline to provide the Service to any person or Client at its absolute discretion.
For UPF Testing Service work the Terms and Conditions are subject to the following Special Conditions:
s1. Samples to be tested should be a minimum of one metre by half a metre in size or larger. Garments will be cut up for testing.
s2. Samples submitted to ARPANSA for testing become the property of ARPANSA and may be disposed of at any time after a test report is issued without reference to the Client.
s3. Test reports prepared by ARPANSA may only be reproduced in full and without alteration.
s4. Test reports prepared by ARPANSA may not be used in any form of advertising without written approval from ARPANSA.
s5. The name of ARPANSA or the Commonwealth of Australia or any words, marks or devices which may imply a connection with ARPANSA or the Commonwealth of Australia may not be used in connection with the promotion or sale of the Client’s products without the prior written approval of ARPANSA.
s6. No use of the UPF Certification Trade Mark for any purposes is permitted unless the user has a current UPF Certification Trade Mark Licence Agreement with ARPANSA.
s7. Multi-colour (printed) materials are charged as a single test.
s8. For garments (or other products) consisting of two or more different materials or colours:
(a) If a test report is required for each component material then each different colour or material is charged as a separate test.
(b) If the product is to be evaluated as a whole product, each component material is checked to determine which one has the lowest UPF rating, then a comprehensive test report is issued for the lowest rating material.