Loading... Please wait...Limitation of Liability and Exclusive Remedy
1. Limitation of Liability (Section 64A Compliance)
To the maximum extent permitted by the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law ("ACL"), the liability of the Company for a breach of any non-excludable condition or warranty is limited, at the Company’s sole discretion, to:
The replacement of the biological products; or
The supply of equivalent biological products; or
The payment of the cost of replacing the biological products or of acquiring equivalent products.
2. No Admission of Fault or Product Failure
The election by the Company to replace a product or issue a credit/refund is made solely to facilitate efficient laboratory operations and customer goodwill. The provision of any such replacement, credit, or refund:
Does not constitute an admission of product failure.
Shall not be construed as an admission of a product defect, contamination, or unfitness for purpose.
Does not waive any of the Company's rights or legal defences.
3. Total Exclusion of Consequential Loss
To the full extent permitted by law, the Company expressly excludes all liability for any indirect, special, incidental, or consequential loss, damage, or expense incurred by the Customer. This strict exclusion applies regardless of the cause of action (whether in contract, tort including negligence, or otherwise) and specifically includes, but is not limited to:
Loss of research data, experimental results, or laboratory time.
Spoiled, contaminated, or compromised cell cultures, media, or assays.
Loss of business profits, revenue, or third-party research grants.
Costs associated with project delays or repeating clinical trials.