| Orders |
| All orders received from customers are subject to acceptance by Labpro Scientific. The contract constituted by acceptance of customer’s order is made upon these conditions of sale to the exclusion of any other conditions or representations whether express or implied, oral or written, and contains the entire contract. At all times, Labpro Scientific reserves the right to accept or reject any order. |
| Prices |
| All prices are subject to change without notice by Labpro Scientific. All prices are GST (Goods and Services Tax) exempt, and do not constitute an offer. Please note that we do not charge GST (for additional information please see our Pricing Policy) |
| Payment |
| Payment of goods shall be made to Labpro Scientific within 14 days from the date of the invoice. Payment can be made by cheque, EFT and by credit card (for additional information please see our Policy on Credit Card Payments) Cheques should be crossed not negotiable and made payable to Labpro Scientifc. Customers should note that failure to adhere to trading terms may result in supply of goods or services being withheld. Payment via Electronic Funds Transfer may be made to our ANZ account. BSB 014-201 A/C No. 551178640 Branch: Albany Creek Qld. |
| Revision of Terms of Payment |
| If Labpro Scientific at any time considers that conditions do not warrant delivery of the goods on the terms of payment stated herein, Labpro Scientific may change the terms of payment and/or require payment as a prerequisite of delivery and will notify the customer accordingly. |
| Force Majeure |
Labpro Scientific shall not be liable for any failure to perform the contract or supply any material, or for any delay or non-delivery due to strikes, fires, explosion, flood, riot, lockouts, injunction, interruption of transportation, accidents, inability to obtain supplies at reasonable prices, war or apprehension of war, force majeure, governmental action, or any other circumstances beyond the control of Labpro Scientific.
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| Shipment |
| Unless otherwise notified in writing by the customer, Labpro Scientific will select in its discretion the mode of shipment and route. Each shipment, including split shipments, will be treated as separate orders and all and any additional expenses as a result thereof shall be borne by the customer. All local packing, handling and freight costs will be charged in the invoice. (Please refer to our Freight Charges for further information). |
| Damaged or Defective Goods |
If goods purchased direct from Labpro Scientific are defective or damaged when received by the customer and as a result are unsuitable for resale, then if the responsibility for such defects or damage lies with Labpro Scientific, the goods may be returned for credit provided that Labpro Scientific receives written notification of such defect or damage quoting the invoice and purchase order number and date, within three working days after delivery. Where shipment is in accordance with the customer’s request then the risk to the goods passes to the customer at the place and time when the goods are delivered to the carrier. The return of a stocked item may be subject to a minimum restocking fee of 25% of the list price. Non stock items ordered by the customer which cannot be returned to the indent supplier will not be accepted for return or credit. (for additional information please see our Other Policies).
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| Limitation of Liability |
Labpro Scientific's liability for any claim whatsoever in respect of items sold hereunder shall not in any case exceed the price of the item in respect of which the claim is made and customer assumes all risks and liability for the items purchased from Labpro Scientific and their use upon and after delivery including their effect upon any person. Any and all warranties or conditions express, implied or statutory are expressly excluded except those which cannot be lawfully excluded. All items sold by Labpro Scientific are for bench or in vitro laboratory use only and must only be stored and used in accordance to the manufacturers’ instructions. Neither Labpro Scientific nor its suppliers, under any circumstances whatsoever, shall be liable for any special, consequential, indirect or liquidated damages or penalties.
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| Risk and Title |
The risk in the goods supplied by Labpro Scientific to the purchaser shall pass to the purchaser upon delivery but property in the goods the subject of the contract or any other contract between the buyer and Labpro Scientific, shall remain with Labpro Scientific until the price of the goods has been paid in full. Receipt by Labpro Scientific of any payment in any form shall not be deemed to be payment or conditional payment until the same has been credited to Labpro Scientific bank account and shall not prejudice or affect the Labpro Scientific rights, powers or remedies against the purchaser and/or the goods. Labpro Scientific shall be entitled to enter the purchaser’s premises and retake possession of the goods if payment is not made after 14 days following the date of the invoice. Until payment is received, the purchaser is only a bailee of the goods. In the event that the purchaser is not purchasing the goods for the purchaser’s own use or consumption, until Labpro Scientific has received payment, the purchaser may only sell the goods in the ordinary course of its business and as agent for Labpro Scientific The purchaser must hold the proceeds of any such sub-sale exclusively for Labpro Scientific in a separate account. Until property in the goods passes to the purchaser, the purchaser must store the goods on the purchaser’s premises separately from the purchaser’s own goods or the goods of any other person and in a manner which allows ready identification of them by Labpro Scientific.
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| General |
| These conditions shall not be modified or varied or cancelled except by agreement in writing signed by Labpro Scientific and customer. The laws of the State of Queensland in the Commonwealth of Australia shall govern the validity, interpretation and enforcement of any contract of which these provisions are a part. |
