1. Application:

1.1 The lodgement of an order or receipt of samples for the provision of chemical analysis services provided by Focus On Food (‘Services’) constitutes an acceptance of the following terms and conditions (this ‘Agreement’).

1.2 Each person who submits an order or samples via the Focus On Food website in respect of the Laboratory Services, warrants and guarantees that he or she has been duly authorised and has full authority to enter into this Agreement on behalf of the party requesting the provision of the Services (the ‘Client’).

2. Service:

2.1 Unless otherwise agreed in writing and duly signed by Focus On Food, the following terms and conditions apply to the Service conducted by Focus On Food either by accepting a quotation and/or submission of samples to the Focus On Food Laboratory. The Client agrees to be bound by and comply with these terms and conditions. Any terms and conditions you notify to Focus On Food, will apply only if and to the extent that Focus On Food duly executes an agreement in writing.

2.2 Focus On Food reserves the right to review prices at any time if:

• (a) significant changes to assist costs are incurred beyond its control i.e. changes to legislative requirements or variations in tax or excise rates; or
• (b) any of the assumptions set out in the quotation prove to be incorrect.

2.3 Alterations to the scope of the quotation Service (including changes to timeframe of the Services, sample numbers, limit of reporting, agreed analyte suite etc.), prior to commencement of the Services, may require a review of the quotation.

2.4 Alterations to Client requirements requested after commencement of the testing process may incur an administration fee of $50 plus GST, plus charges for extra service delivered and costs incurred by Focus On Food, if any, to be determined in Focus On Food’s sole discretion.

2.5 Records will be kept for the required minimum period unless otherwise requested and agreed to by Focus On Food.

3. Accounts & Payments:

3.1 GST at the applicable rate (currently 10%) will be charged in addition to the quoted prices. Focus On Food will issue valid tax invoices and adjustment notes as per requirements of GST legislation.

3.2 A handling fee per invoice and minimum invoice fee will apply where applicable. The fees are stated in the quotation, otherwise the standard minimum fee, inclusive of the handling fee is $300 plus GST.

4. Treatment Of Samples:

4.1 Unless Focus On Food has otherwise agreed in writing, the Client is responsible for delivery of sample(s) via Australia Post for testing to the address nominated on the pre-paid address label on the Client’s sample box.

4.2 When providing samples to the Focus On Food Laboratory, the Client must give written notice of all known safety or health hazards and special procedures relevant to the handling, testing, storage, transport, and disposal of samples. The Client warrants that all such information is true and correct at the time of posting the samples to the Focus On Food Laboratory. Focus On Food reserves the right to refuse to conduct any test where Focus On Food in its absolute discretion determines such testing may pose a safety or health hazard.

4.3 Focus On Food reserves the right for samples deemed hazardous by the Focus On Food Laboratory to be refused and returned to the Client at the Client’s expense.

4.4 The Client is responsible for ensuring that samples supplied for testing are representative of the product or material to be analysed, and for retaining any duplicate or control samples.

4.5 Unless the Focus On Food Laboratory has otherwise agreed in writing, Focus On Food may in its discretion store, experiment on, destroy or dispose of samples.

5. Other Services:

5.1 In circumstances where the Focus On Food Laboratory, its proprietor, its officers, employees or agents agree or are required to provide information or appear as expert witnesses as an outcome of testing undertaken at the Focus On Food Laboratory, an hourly fee will be charged to the Client, to be separately agreed and documented.

6. Force Majeure:

6.1 Focus On Food shall not be responsible or liable for any delay to perform any of its obligations when such delay or failure to perform any of its obligations is caused by unforeseen circumstances beyond its reasonable control and without its fault or negligence, including, without limitation, Acts of God, fire, explosion, riot, sabotage, strike or other labour dispute, shortage of materials, transportation difficulties or compliance with any order, action, government officer, department, agency, authority or committee thereof that renders performance impracticable or impossible for Focus On Food.

7. Limitation Of Liability:

7.1 To the full extent permitted by law, Focus On Food and its affiliates exclude all warranties, terms, conditions or undertakings, (‘terms’), whether expressed or implied, in relation to the Services, the report or its contents. Where any legislation implies any terms which cannot be excluded or modified then such terms shall be deemed to be included. However, (to the full extent permitted by law) Focus On Food’s liability to the Client is limited at Focus On Food’s option to the re-performance of the Service or the refund of the Service Fee.

7.2 Without limiting the generality of this clause, it is agreed that, to the full extent permitted by any applicable Commonwealth, State or Territory laws having jurisdiction, neither Focus On Food nor any of its affiliates will be liable to the Client or any other person for any loss of profit or business whether directly or indirectly incurred or any special, indirect or consequential damages arising howsoever in connection with the Services or this Agreement.

7.3 The Client hereby releases and indemnifies and shall continue to release and indemnify Focus On Food, its affiliates, officers, employees and agents from and against all actions, claims, proceedings or demands (including any costs and expenses in defending or servicing same) which may be brought or threatened against it or them, in respect of any loss, death, injury, illness or damage to persons or property, and whether direct or indirect and in respect of any infringement of any industrial or intellectual property rights, however arising out of the use of the report or the Services.

7.4 It is agreed that:

• (a) the Client at its own risk uses the report and its contents and any advice, options or information supplied by Focus On Food, its affiliates, officers, employees or agents; and
• (b) the Services are performed on the condition that the Client will not hold Focus On Food, its affiliates, officers, employees or agents liable for any loss or damage howsoever arising from the use of or reliance upon the report or its contents.

7.5 Each agrees that, in entering into this agreement, it does so in reliance on any representation, warranty or other provisions except as expressly provided in this Agreement. It is the responsibility of the Client to make its own assessment of the suitability for any purpose of the Service, any report and its contents and any information or advice generated therefrom.

7.6 The Client will not represent in any way that Focus On Food supports or endorses the Client’s business, goods or services, without Focus On Food’s written consent. The Client will not make any press release or public statement about the Services or Focus On Food without Focus On Food’s written consent.

8. General:

8.1 The Agreement contains the entire agreement between the parties and supersedes all representations, undertakings, understandings or other statements whether written or oral made prior to the date of the lodgement of an order or receipt of samples for Focus On Food’s order form by and on behalf of Focus On Food to the Client of any nature whatsoever.

8.2 The failure of either party at any time to enforce any provision of this Agreement shall in no way affect its right thereafter to require complete performance by the other party, nor shall the waiver of any breach of any provision be taken or held to be a waiver of any subsequent breach of any such provision or be a waiver of the provision itself.

8.3 If any conditions, clauses or provision of this Agreement, not being of a fundamental nature, be held to be unlawful or unenforceable by a court in any proceedings relating to this Agreement, the validity or enforceability of the remainder of this Agreement shall not be affected.

8.4 This Agreement is governed by the laws of Victoria.

Special Conditions