Feedtest Service Terms & Conditions for Analysis of Samples

1. Application

These Terms and Conditions apply to the supply by Australian Wool Testing Authority Ltd (AWTA Ltd) trading as Agrifood Technology (ABN 43 006 014 106) (we or us) of the FEEDTEST service (Services) to the Customer (you).

2. Acceptance

By submitting the sample and the Sample Information Sheet to us you will be deemed to have accepted these Terms and Conditions.

3. Offer

You acknowledge and agree that:

3.1 Submission of a sample constitutes an offer to us to analyse the sample, which we are free to either accept or reject;

3.2 You have obtained and submitted the sample in accordance with the instructions contained in the sample kit;

3.3 We may invoice you for the Services at any time after completion of the service and you must pay our invoice within 30 days of the end of the month in which our invoice is issued.

4. Taxes

GST, sales, value added or any other applicable government tax or duty will be added to the fee for the Services and will be payable by you at the same time payment of the fee is due. In the case of GST, we will ensure that our invoice to you constitutes a “tax invoice” for the purposes of applicable GST legislation.

5. Testing Material

5.1 You are responsible for ensuring that all sample material is properly representative.

5.2 Results provided by us relate only to the sample submitted. Due to the many scientific variables involved in conducting the Services, we do not warrant that any test results derived from a sample will be identical or substantially similar to test results previously derived from a similar sample, using the same testing service by us or a third party. You acknowledge that the Services may involve an element of subjective judgement.

6. Service Time

While we make all reasonable endeavours to complete the Services promptly, we are not liable for any loss arising from delay in carrying out the Services or producing a report or analysis containing the results.

7. Indemnity

7.1 You acknowledge that you rely on all results provided by us in connection with the Services at your own risk entirely.

7.2 You indemnify us against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against us) that we may sustain or incur as a direct or indirect result of the provision of the Services or a breach by you of any of these Terms and Conditions (including any warranty contained in these Terms and Conditions).

8. Force Majeure

We will not be liable for any failure to perform or any delay in performance of any obligation where such failure or delay is due to anything beyond our reasonable control, including but not limited to, any act or omission by you, strikes, lockouts and other industrial action, raw material shortages, accidents, power failure or breakdown of plant or machinery.

9. Governing Law

These Terms and Conditions are governed by the laws in force in Victoria and you and us each submit to the non-exclusive jurisdiction of the courts of that State. If any part of these Terms and Conditions are rendered ineffective, void, voidable, illegal or unenforceable, that part shall be severed therefrom and these Terms and Conditions shall be read and construed for all purposes as if that part were not contained therein.

10. Failure to comply with payment terms

Any Customer exceeding the payment terms may be refused further Services until payment is received in full or until alternative payment methods are arranged and agreed by both parties.

11. Amending these Terms and Conditions

We may amend these Terms and Conditions at any time by notifying you, including in any one or more of the following ways:

(a) printing the amended Terms and Conditions and supplying them to you;

(b) posting the amended Terms and Conditions on our internet site; or

Your continued use of the Services after such notice will constitute acceptance of the variation.

12. Sub-contracting

We may, after notifying you, sub-contract all or part of the Services to an external laboratory. These Terms and Conditions (except this clause) apply to Services sub-contracted as if we had performed all of the Services ourselves.

13. Use of Information

13.1 We retain copyright in all material produced in the performance of the Services. We reserve the right to use and disseminate the analytical results and information derived therefrom howsoever we see fit, save that we will ensure that it does not identify you or the relationship between you and the analytical results.

13.2 Information submitted to us with your sample may be stored and used by us for the purpose of managing our business. This information will only be used in relation to the operation of the FEEDTEST business or as may be required by law.

We are committed to protecting information provided in accordance with the principles of the Information Privacy Act 2000.