Online Ordering
Terms & Conditions
The University of Adelaide Laboratory Animal Services TERMS AND CONDITIONS FOR THE SALE OF ANIMALS Please read this information carefully. If you submit an order for any Animal listed on this website, or any other Animal detailed in the on-line order form, you are accepting and agreeing to be bound by the terms and conditions set out below. If you do not agree with the terms and conditions please do not submit any orders. We suggest that if you have any queries in relation to these terms and conditions that you seek your own independent legal advice.
We reserve the right to make changes to this website and to the terms and conditions herein at any time. Any such modifications will become effective on the date they are first posted to this website.
Purchasing Animals from this Website
1. Background
The University of Adelaide trading as "Laboratory Animal Services" is
an organisation located at North Terrace, Adelaide. The University of Adelaide
uses an Independent Internet Service Provider located in Australia. The University
of Adelaide has no physical presence or permanent establishment in the United
States of America or any other jurisdiction other than Australia.
2. Products
The University of Adelaide agrees to supply products listed in Laboratory Animal
Services Product Price List, or any other Animal detailed in the on-line order
form ("Animals") and you agree to purchase these products subject to
these terms and conditions, which shall supersede any terms and conditions
on any purchase order, form or document you submit or have submitted to the University
of Adelaide ("Agreement").
3. Price
You shall pay the Price for the Animals in accordance with the Price List appearing
in this website from time to time. All Prices on this site are referred to in
Australian dollars. The Price does not include transport costs.
4. General Taxes
Prices do not include any federal, state, municipal or other foreign government
duties or taxes (such as sales, goods and services tax, etc, unless otherwise
stated). All such amounts will be in addition to the
Price stated in this website. Please see clause5 below in relation to Goods and
Services Tax (GST).
5. GST
Australian residents are liable for GST (Goods and Services Tax) on supply of
the Animals unless you are able to prove by declaration that you are not in Australia
at the time of making the purchase and will not be making use of the Animal in
Australia. All prices included on this website are inclusive of GST, meaning that
the price includes an amount for GST.
6. Payment
Terms All payments by you to us for Animals are to be made by the method prescribed
in this website.
7. Technical Assistance
It is expressly agreed that in the event we provide to you technical advice or
assistance, then no liability for loss or damage suffered whether directly or
indirectly by you in consequence of your reliance upon that technical advise or
assistance shall attach to us, whether that loss or damage arises from a breach
of contract or at common law, including the law relating to negligence by the
University of Adelaide or under statute or otherwise, and whether arising directly,
indirectly or consequentially.
8. Transfer of Animals
Although we maintain a high level of animal welfare any animal can be affected
by the stress of transport. No liability is accepted for any animal that arrives
dead or moribund. A copy of our Animal Transportation Policy is available on request.
Please note that both title to, and risk in the Animal passes to you once the
Animal leaves the premises of the Laboratory Animal Services Division of the University
of Adelaide. You may wish to obtain insurance cover for any such risk.
9. Animal Use Limitation
You agree that the animal and their descendants, if any, will not be bred for
sale nor distributed to any third parties outside your institution and it will
be used solely for research purposes. Animals are to be used in a safe manner
and in accordance with all applicable government rules and regulations. You agree
that the Animals will not be used for, or in the design of any experiment not
approved by the relevant institutional Animal Ethics Committee(s). You also agree
that Animals are not to be used by you in any form of breeding program or process
unless the University of Adelaide has given prior approval to such breeding program
or process having commenced given its express approval in writing for the use
of Animals for such purpose. You are obliged in seeking such approval to provide
complete disclosure to the University of Adelaide of the exact nature and scope
of the experimental design. The University of Adelaide may at its absolute discretion
decline to give such approval without providing any reasons to you for that decision.
A breeding program or process for the purpose of these Terms and Conditions refers
to the use of the Animal or Animals in any form of reproductive procedure, including
but not limited to the production of offspring, the creation of embryos and/or
applications involving
Stem Cell technology.
10. Order Acceptance Policy
Your receipt of an electronic confirmation does not signify our acceptance of
your order, nor does it constitute confirmation of our offer to sell. We reserve
the right at any time after receipt of your order to accept, decline or limit
your order for any reason. We may also require additional verification or information
before accepting an order. Price and availability of Animals offered by us is
subject to change without prior notice. To the extent that we provide information
on availability of Animals, you should not rely on such information. We will not
be liable if Animals you order are not available.
11. Exclusions and Limitation of Liability
11.1. The University of Adelaide makes no representations or warranties, either
express or implied, of any kind with respect to the Animals, the information,
services or materials offered, sold or displayed on the website.
11.2. To the full extent permissible under applicable law, the University of Adelaide
expressly disclaims all warranties express or implied of any kind with respect
to the Animals, offered, sold or displayed on the website, including warranties
of merchantability, fitness for a particular purpose and non infringement of any
patent, trademark or other intellectual property rights. Some jurisdictions limit
or do not allow the
disclaimer of implied or other warranties, so the above disclaimer shall not apply
to the extent it is not applicable in those jurisdictions.
11.3. You agree that, except as provided under the return policy, the University
of Adelaide, their officers, employees, consultants, agents or other representatives,
shall not be liable for any damage, loss or expense of any kind arising out of
or resulting from your possession or use of the Animals, or any action or inaction
by them, regardless of whether such liability is based in tort, contract or otherwise.
11.4. Except as expressly stated herein, you agree the University of Adelaide
shall not be liable for any causes of action or damages arising from the use of
the Animals including any special, indirect or consequential damages arising out
of the provision of animals, biological materials or services, including economic
damage or injury to property and lost profits, and including any damage arising
from acts or negligence by us. By the purchase of Animals from this website from
us, you expressly release and discharge us from all such causes of action or damages.
11.5. In no event shall the University of Adelaide be liable to you for any indirect,
special, incidental, consequential or punitive damages (including without limitation
loss of profits, loss of goodwill, work stoppage, or malfunction or interruption
of business), regardless of whether the University of Adelaide have been advised
of the possibility of such damages.
11.6. Under the Trade Practices Act 1974 of the Commonwealth of Australia implied
conditions and warranties cannot be excluded. The University of Adelaide limits
its liability in the case of supply of an Animal under this Agreement, to the
replacement of the Animal or the supply of equivalent product, or the paying of
the costs for replacing the Animal or acquiring equivalent product; and in the
case of services, to the supplying of the services again, or the payment of the
cost of having the services supplied again.
11.7. If the foregoing are held to be unenforceable, the maximum liability of
the University of Adelaide, their officers, employees, consultants, agents or
other representatives to you shall not exceed the amount of the price paid by
you for the Animals. Some jurisdictions do not allow the limitation or exclusion
of liability for certain damages, so the above limitations and exclusions shall
not apply to the extent it is not applicable in those jurisdictions.
11.8. The University of Adelaide, notwithstanding any other clause in these terms
and conditions, specifically disclaims any and all claim for compensation loss
or damage whether arising in contract, tort or by statute arising from the introduction
of an Animal into your laboratory which results in contamination, infection or
disease to any other animal or animals existing in such laboratory, and you expressly
release and discharge the University of Adelaide from any and all such claims
for compensation loss or damage whether arising in contract, tort or statute.
12. The University of Adelaide Representations
12.1. Whilst we take every precaution in the preparation of technical circulars,
price lists and other literature appearing on this website these documents are
for your general guidance only. You acknowledge that you have not relied on any
representation made by us, which has not been stated expressly in this Agreement,
or upon any technical circulars, price lists or other literature produced by us.
12.2. Our employees or agents are not authorised to make any representations concerning
the Animals, unless we confirm such representations in writing. You acknowledge
by accepting delivery of the Animal that you do not rely on and waive any claim
for breach of any such representations, which are not so confirmed.
13. Dispute Resolution
13.1. Complaints
You agree that in the event you have any complaint associated with the University
of Adelaide that you will comply with the following complaints process: - 13.1.1.
You will contact us forthwith and outline your complaint in writing advising all
relevant details.
13.1.2. You will allow us 30 days in which to respond to your complaint in writing
and thereafter you will enter into good faith discussions with us to resolve such
complaint.
13.1.3. In the event that a satisfactory resolution to the complaint cannot be
achieved you will enter into mediation with us for resolution of the complaint
prior to pursuing any legal action to the extent permitted by law.
13.2. Mediation
13.2.1. If a dispute arises between the parties, including the non resolution
of a complaint as referred to in clause 13.1 you agree that no court proceedings
in relation to the dispute will be taken by you unless the following mediation
process has been completed:-
13.2.1.1. You must advise us of any dispute by written notice adequately identifying
and providing details of the dispute, referring to any documentary evidence of
the matters claimed in the dispute and designate a representative who has authority
to negotiate and settle the dispute.
13.2.1.2. Within 28 days after receiving the notice referred to in clause 13.2.1.1
we must respond to the notice providing details and referring to any documentary
evidence in support and designate a representative whom has authority to negotiate
and settle the dispute.
13.2.1.3. Within 20 days of receiving the notice from us, both of us must negotiate
and endeavour to settle the dispute.
13.2.1.4. If the dispute is not settled within 30 days of the attempts to negotiate
and endeavour to settle the dispute as provided in clause 13.2.1.3 an independent
mediator with relevant experience of the matter in dispute or failing agreement
a person appointed by the President of the Law Society of South Australia will
be appointed to mediate the dispute.
13.2.1.5. If within two months after the date of the mediator's appointment the
dispute has not been resolved, either party may by notice in writing terminate
the mediation process and seek such remedies as they decide.
13.2.2. You agree that you will not commence court proceedings or arbitration
unless you have first complied with the dispute resolution provisions contained
in this clause. You agree that this agreement may be pleaded as a bar to any court
action commenced prior to termination of the mediation process.
13.2.3. In any case, you shall bear your own costs for the mediation. The cost
of the mediator will be borne equally.
13.3. Without Prejudice
You acknowledge any exchange of information or documents or the making or anyoffer
or settlement pursuant to this clause is an attempt to settle the dispute. Neither
your nor the University of Adelaide may use any information or documents obtained
through the dispute resolution process for any other purpose.
14. Assignment
You shall not assign or transfer or purport to assign or transfer this Agreement
or the benefits thereof to any other person without our prior written consent.
15. Force Majeure
We shall not be liable for any failure to perform this Agreement, or for any loss
and damage suffered by you in consequence thereof which failure arises from any
cause whatsoever beyond our control, including (but not being limited to) computer,
communication or network failures, fire or other accident, strikes or other labour
disputes, inability to deliver Animals, or any computer virus introduced by a
third party.
16. Proper Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws
in force in South Australia and all disputes arising in connection with this Agreement
shall be submitted to the jurisdiction of the relevant court of South Australia.
17. Miscellaneous
This Agreement and any applicable policies and procedures of the University of
Adelaide, together with those document policies and procedures expressly referred
to herein, constitute the entire agreement with respect to the subject matter
hereof and supersedes all previous written or oral agreement between us with respect
to such subject matter. No purchase order or other document sent by you that may
modify the terms and conditions herein shall be binding on us, and the terms and
conditions herein shall apply to the sale of the Animals. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
proceeding or subsequent default or breach. The University of Adelaide may freely
transfer, assign or delegate all or any part of this Agreement and all rights
and duties thereunder, without the requirement of consent. This Agreement will
be binding upon and inure to the benefits of the heirs, successors and permitted
assigns of the parties. Headings and sub-headings are for clarification purposes
only and do not form part of these terms and conditions.
18. The University of Adelaide Contact
Information The University of Adelaide Laboratory Animal Services Medical School
South South
Australia 5005 Phone: 61-8-83035340 Fax: 61-8-83034342 Email:
las.manager@adelaide.edu.au
Do you agree to the above terms and conditions?
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