TERMS & CONDITIONS
The lodgement of an order or receipt of samples with Australian Export Grains Innovation Centre Limited (abbreviated to AEGIC) constitutes an acceptance of the following terms and conditions.
Unless otherwise agreed in writing, the following terms and conditions apply to services conducted by AEGIC, resulting from engagement of AEGIC either by accepting a quotation and/or submission of samples to AEGIC. The client agrees to be bound by and comply with these terms and conditions. Any terms and conditions you notify to AEGIC, will apply only if and to the extent that AEGIC agrees to them in writing.
AEGIC reserves the right to review prices at any time if significant changes to our costs are incurred beyond our control i.e. changes to legislative requirements or variations in tax or excise rates; or any of the assumptions set out in the quotation prove to be incorrect.
Alterations to the scope of the quoted services (including changes to timeframe of services, sample numbers, limits of reporting, agreed analyte suite etc.), prior to commencement of the services, may require a review of the quotation.
Records will be kept for the required minimum period unless otherwise requested and agreed to by AEGIC (e.g. NATA technical accreditation requires records are kept for a minimum of three years).
Estimations of measurement uncertainty (MU) are available upon request.
Services will be provided by AEGIC during normal business hours Monday to Friday (excluding Public Holidays), unless otherwise agreed.
Any services conducted outside AEGIC premises will be performed Monday to Friday (excluding public holidays) between 9am and 5pm, unless otherwise agreed.
Any samples received after 1500 hours Monday to Friday or on Public Holidays are deemed to have been received the following working day.
It is the client’s responsibility to ensure that AEGIC has access to all information and premises necessary to commence the services as agreed.
The due date of the services may be delayed where such information or access is not provided, or is judged by AEGIC to be inadequate for the services to commence.
ACCOUNTS & PAYMENT
GST at the applicable rate (currently 10%) will be charged in addition to the quoted prices. AEGIC will issue valid tax invoices and adjustment notes as per requirements of GST legislation.
A minimum invoice fee inclusive of GST applies (this includes a handling fee per invoice).
The establishment of a trading account is subject to the completion of a new customer account application form.
AEGIC reserves the right to undertake credit verification of all established accounts or to request up-front payment of services before services can commence.
Terms of payment are strictly 30 days from date of invoice.
TREATMENT OF SAMPLES
Unless AEGIC has otherwise agreed in writing, the client is responsible for collecting samples and for delivering samples for testing to the address nominated in the quotation.
When providing samples to AEGIC, the client must give written notice of all known safety or health hazards and special procedures relevant to the handling, testing, storage, transport and disposal of samples. AEGIC reserves the right to refuse to conduct any test where AEGIC in its absolute discretion determines such testing may pose a safety or health hazard.
Where a formal request is made, AEGIC will return samples to the client, at the client’s expense.
The client acknowledges that during conduct of the services the samples or parts of samples may be altered, damaged, lost or destroyed. AEGIC shall not be liable to the client or any third party for any samples that are altered, damaged, lost or destroyed during conduct of the services.
The client is responsible for ensuring that samples supplied for testing are representative of the product or material to be analysed and for retaining any duplicate or control samples.
Unless AEGIC has otherwise agreed in writing, AEGIC shall not be obliged to return samples to the client and may at its discretion store, experiment on, destroy or dispose of samples.
AEGIC reserves the right for samples deemed hazardous by AEGIC to be returned, to the client, at the client’s expense.
Where possible a representative sample will be kept for a period of three months from the date of final report.
AEGIC will own the final report until such time as full payment for the services is received, beyond which time the client will own the final report.
All intellectual property rights associated with sample analysis methods, processes and reports are vested, and shall remain vested, in AEGIC. No other party may replicate or appropriate the method or any part thereof for any use, be it commercial or otherwise, without the express written consent of AEGIC’s CEO or approved delegate.
AEGIC, its proprietor, its officers, employees and agents are under no legal obligation to provide information or expert witnesses as an outcome of any testing undertaken at AEGIC.
Any requests for AEGIC, its proprietor, its officers, employees and agents to provide information or expert witnesses will not be granted without the express written consent of AEGIC’s CEO or approved delegate.
In circumstances where AEGIC, its proprietor, its officers, employees or agents agree or are required to provide information or appear as expert witnesses as an outcome of testing undertaken at AEGIC, an hourly fee will be charged to the client.
AEGIC shall not be responsible or liable for any delay to perform any of its obligations when such delay or failure to perform any of its obligations is caused by unforeseen circumstances beyond its reasonable control and without its fault or negligence, including, without limitation, Acts of God, fire, explosion, riot, sabotage, strike or other labour dispute, shortage of materials, transportation difficulties or compliance with any order, action, governmental officer, department, agency, authority or committee thereof that renders performance impracticable or impossible for AEGIC.
EXCLUSION OF WARRANTY
To the full extent permitted by law AEGIC and its proprietor exclude all warranties, terms, conditions or undertakings, (‘terms’), whether express or implied, in relation to services, the report or its contents. Where any legislation implies any terms which cannot be excluded or modified then such terms shall be deemed to be included. However, (to the full extent permitted by law) AEGIC’s liability to the client is limited at AEGIC’s option to the re-performance of service or the refund of service fee.
Without limiting the generality of this clause, it is agreed that, to the full extent permitted by any applicable Commonwealth, State or Territory laws having jurisdiction, AEGIC and its proprietor will not be liable to the client or any other person for any loss of profits or business whether directly or indirectly incurred or any special, indirect or consequential damages arising from the client’s use of AEGIC’s services or reports.
CLIENT’S RELEASE AND INDEMNITY
The client hereby releases and indemnifies and shall continue to release and indemnify AEGIC, its proprietor, its officers, employees and agents from and against all actions, claims, proceedings or demands (including any costs and expenses in defending or servicing same) which may be brought against it or them, in respect of any loss, death, injury, illness or damage to persons or property, and whether direct or indirect and in respect of any infringement of any industrial or intellectual property rights, howsoever arising out of the use of the report or the services of AEGIC.
The client acknowledges that:
The client at its own risk uses the report and its contents and any advice, opinions or information supplied by AEGIC, its proprietor, its officers, employees or agents concerning the service;
The service is performed on the understanding that the client will not hold AEGIC, its proprietor, its officers, employees or agents liable for any loss or damage resulting from the conduct of the service or the use of or reliance upon the report or its contents; and
It is the responsibility of the client to make its own assessment of the suitability for any purpose of the service, report and its contents and any information or advice generated therefrom.
AEGIC acknowledges and agrees that the abovementioned release and indemnity in favour of AEGIC shall not be applicable to the extent that such loss or damage to the client has arisen as a result of AEGIC’s non-compliance with International Standard ISO 17025:2017.
The services are governed by the laws of the State in which services have been conducted, unless Commonwealth law prevails.
The client will not represent in any way that AEGIC supports or endorses the client’s business, goods or services, without AEGIC’s written consent. The client will not make any press release or public statement about the services or AEGIC without AEGIC’s written consent.
Current as of 1 July 2019