Disclaimer

Cerberus Sciences makes no express or implied warranties in respect of the Supply except where this would contravene any statute or where the exclusion of an express or implied term, condition or warranty would be void (“collectively, Non-excludable warranty”).

 

However, where exclusion of express or implied warranties does not constitute a Non-excludable Warranty, Cerberus Sciences excludes all warranties, terms and conditions and all liability to the Client for consequential or indirect loss or damages. In any event, in respect of both Non-excludable warranties and excludable warranties, Cerberus Sciences' liability arising from anything under this Supply is limited, at Cerberus Sciences' election, to an amount equal to the payment received from the Client for the Supply or the repeat provision of the Supply.

 

Terms & Conditions

These are the conditions on which the Supplier will supply the Services on the terms and conditions set out in the Schedule to the Customer.

 

Supplier will perform the Services:

 

1.1 in accordance with written memoranda of specifications supplied to Supplier by customer (and agreed to by the Supplier). This may take the form of completed submission forms delivered to the Supplier by post, courier, facsimile or e-mail and authorised by the Customer. The date of commencement shall be taken as the date on which the written memoranda of specifications or submission form is received by the Supplier;

 

1.2 in addition, Supplier and Customer may have agreed in writing as to the nature and methodology of testing and the general nature of the scientific approach to be undertaken in performing the services;

 

1.3 the documents relating to the matters referred to in clauses 1.1 and 1.2 constitute part of the terms and conditions of the Service Provision;

 

1.4 any inconsistency between the terms and conditions of clause 1.1. and the terms and conditions of clause 1.2, then the terms and conditions of 1.1 shall prevail.

 

These Service Conditions, and documents referred to in clause 1.1 and clause 1.2 constitute:

 

2.1 the whole of the agreement between the parties and supersedes all prior promises, representations, warranties or undertakings given or made by either party to the other prior to the execution of these Services;

 

2.2 Customer has not relied on any advice, promise or representation made by Supplier unless it is expressly contained in the documents referred to in clause 1.1.and 1.2;

 

2.3 each word, phrase, sentence, paragraph or clause of these Service Conditions is severable and if a Court determines that a provision is unenforceable, illegal or void the Court may sever that provision which becomes inoperative and such severance will not affect the other provisions of these Service Conditions;

 

2.4 no waiver by either party of one breach of any obligation contained or implied in these Service Conditions will operate as a waiver for another breach of the same or any other obligations contained or implied in these Service Conditions.

 

3 Customer represents that it has disclosed to Supplier all necessary and relevant information (whether of a scientific nature or not) which would reasonably assist Supplier or which would be reasonably relevant to the Services to be performed by Supplier.

 

4 Customer agrees to pay Supplier a Service fee as set out in the Schedule or current Price List, and in the manner set out in the Schedule.

 

5 Supplier warrants that it shall perform the Services to the best of its ability according to the terms of the Service Conditions, and use all reasonable skill, care and diligence as reasonably required to produce the relevant results which the Customer seeks.

 

Despite the matters set out in clause 5 of these Service Conditions, it is acknowledged that the Customer seeks to retain the Supplier to perform highly specialised and complex scientific tests. Supplier has agreed to supply the Services subject to the following specific undertakings give by Customer to Supplier, namely;

 

6.1 Customer recognises that the Services relate to pathology testing and reporting, and accordingly involve subjective components of interpretation and analysis; and

 

6.2 the Services may result in the production of reports which are, on an objective scientific standard, either inaccurate, unreliable or misleading for reasons entirely beyond the control of Supplier.

 

Despite any other matter or warranty contained in these Service Conditions Supplier makes no express or implied warranties in relation to the quality or standard of supply of the Services and all such warranties and representations are herby excluded. Whilst observing every reasonable standard and adopting acceptable methodologies and practices, Supplier shall not be responsible to Customer for any loss or damage suffered by Customer as a consequence of a breach of contract, negligence, breach of statutory obligation or otherwise and all such causes of action (of whatever nature) are hereby excluded. This obligation includes not only any direct loss or damage suffered by Customer but extends to all consequential or indirect loss or damage suffered by Customer.

 

In addition, Supplier has no responsibility of any nature whatsoever where Customer has failed to disclose relevant information or Customer contributes to or is responsible for (wholly or in part) any loss or damage suffered. There may be circumstances where warranties may not be excluded because of e.g. the Trade Practises Act or otherwise. In these circumstances the liability of Supplier under any such legislation is limited to the re-supply of the services or the costs of re-supply. In this clause “loss or damage” involves all liabilities, expense, losses, damages, fees and costs (including legal costs whether incurred by Customer or awarded against Supplier in favour of Customer).

 

These Service Conditions will be governed by the law enforced in the State of South Australia, and the parties to this Agreement submit to the jurisdiction of the Courts in that State.

 

All notices to be given under this Service Conditions must be in writing, signed by the party or its solicitor and delivered by hand or sent by pre paid registered or certified mail or by facsimile to the address appearing on these Service Conditions.

 

The parties to this Service Conditions undertake to each other to keep all confidential information confidential during and after the term of the Service provision unless that information is already publicly available.

 

Confidential information means these Service Conditions and all other Service Conditions documents referred to in these conditions, and all relevant information supplied to Supplier, and all reports and documents, papers and material supplied by Supplier to Customer under terms of these Service Conditions and all relevant information which by its nature is confidential to either Supplier or Customer.

 

Supplier and Customer acknowledge and agree that they will use their best endeavours to negotiate in good faith and settle any dispute or difference that may arise out of or relate to these Service Conditions before resorting to litigation.

 

SCHEDULE

 

Supplier

 

Stevenson Scientific Services Pty Ltd (ABN 12 104 601 961) trading as “Cerberus Sciences” 39 Winwood Street Thebarton SA 5031

 

Services

 

Laboratory animal health monitoring including but not limited to serology, bacteriology, parasitology and veterinary pathology services.

 

Memoranda

 

As per submission form or written instruction.

 

Commencement

 

On receipt of memoranda to the above address

 

Completion

 

On receipt of final report by Customer

 

Service fee

 

As per current Price List

 

Payable

 

Within 14 days of receipt of final report

 

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