Formation of a Commercial Agreement
Receipt of a valid purchase order will be deemed to be the formation of a commercial agreement between the customer and Rubicon Science Pty Ltd. A valid purchase order must signed by an authorized individual of the company/institute and display the purchase order number, quotation number, part number/s, description of goods, quantities, delivery address, and invoice address. The submission of a valid purchase order by you to Rubicon Science Pty Ltd will be deemed to be an offer by you to purchase the goods or services specified in the purchase order. The purchase order is irrevocable and can only be canceled with written agreement from both parties. We reserve the right to accept or decline the purchase order in whole or in part. Each quotation will be governed exclusively by the terms and conditions outlined in this section.
Countries of Origin of Goods
Germany, Sweden, Slovenia, Netherlands, Japan
Shipment & Delivery
Delivery will generally be 2-8 weeks from the receipt of your Purchase Order unless otherwise specified. If you have specified a delivery date on your purchase order we will endeavor to deliver goods within that time frame. We will be entitled to deliver the goods to you after the agreed delivery date or cancel the commercial agreement without being liable to you in any way if the delay in delivery is caused but circumstances beyond our control. You may not refuse to accept delivery of goods unless prior agreement in writing has been granted by Rubicon Science Pty Ltd. All goods shipped from our Sydney office will be transported by the most appropriate means in our judgment unless prior arrangements have been made. Should it be deemed necessary, we reserve the right to change the method of freight shipment and are under no obligation to notify you of such a change.
Rubicon Science Pty Ltd will not be held responsible for any supply chain delays nor will it entertain any claim for the return/exchange/refund of consumables based on the minimum available “shelf life”.
General Payment Terms
Rubicon Science Pty Ltd will issue an Invoice clearly stating the customer’s Purchase Order number for goods and/or services identified in this quotation. By providing a Purchase Order the Customer agrees to pay the invoice value in full within thirty days of the issued invoice date (typically the same date a shipment occurs) unless waived in writing by Rubicon Science Pty Ltd. Failure to abide by the terms identified on the invoice may render the customer liable to a 1% late payment fee. Site-specific, inter-department, or third-party delays will not be accepted as legitimate reasons for delayed payments.
Variation to Payment Terms
In specific situations, Rubicon Science Pty Ltd may choose to vary the terms of payment of this quotation to reflect the specific nature of the commercial agreement. Such variations may include, but are not limited to fifty percent of monies paid to Rubicon Science Pty Ltd with the issue of a purchase order, forty percent of monies paid to Rubicon Science Pty Ltd on receipt of goods into your store, and the outstanding balance owed to Rubicon Science Pty Ltd to be paid on completion of a defined event such as training or site acceptance testing. This variation has no impact on the general terms set out in the ‘Payment Terms’.
GST Tax Obligations
Goods and Services Tax of 10% will be applied to all items and/or services identified in this quotation for sale in Australia.
Returns & Restocking Fees
Rubicon Science Pty Ltd does not generally accept goods for return that have been correctly supplied against a purchase order. Under special circumstances, certain equipment, spare parts, and accessories ordered in error may be returned to our warehouse at your cost if the goods have not been opened, used, or in your possession for fourteen days or longer. A restocking fee of 25% of the purchase price of the goods may apply to all returns. Goods that are deemed by us to be reagents or consumable items or items that must remain in a ‘supply cold chain’ will not be accepted back into our warehouse under any circumstances.
Special Terms & Conditions
Rubicon Science Pty Ltd may choose from time to time, to invoke special terms and conditions to specific quotations.
Risk & Ownership
For insurance purposes, risk is deemed to have been transferred to you on receipt of goods into your company/institution, store, warehouse, laboratory, or premises. Ownership of goods in this quotation will not transfer to the person, persons, company, or institution identified in this quotation until we receive full payment for all goods/services.
Until debts are satisfied you will keep the equipment identified in this quotation in good working condition and retain all original shipping/packing material and you will not assign ownership of any part of the equipment identified in this quotation to a third party without written permission from Rubicon Science Pty Ltd. You grant us an irrevocable license to enter any of your premises during normal business hours on reasonable notice to repossess the goods while you owe us money or are in breach of the General Payment Terms in this quotation.
Freight & Installation
Freight and installation charges will be itemized and included in this quotation unless prior arrangements have been entered into.
Warranty
Rubicon Science Pty Ltd guarantees that the goods identified in this quote are free from material defects and workmanship. This warranty will be honored for a period of 12 or 24 months unless waived in the “Special Terms & Conditions” section. This warranty is limited to parts and labor and specifically excludes third-party computers, hardware, monitors, and printers, which are guaranteed for 3 months unless prior agreements are made between the Customer and Rubicon Science Pty Ltd. This guarantee does not cover telephone support, repair or replacement of any defective part resulting from incorrect operation, negligence, malpractice, modification by the customer, addition to an established IT Network, transfer to a third party organization, or accidental damage by the purchaser or his servants after the delivery. This warranty is void if the instrument has been repaired or altered by persons not authorized by Rubicon Science, if the product has had its serial number altered, defaced, or removed, or if the instrument has been damaged by accident or misuse, or has been damaged by abuse or negligence in the operation or maintenance of the product, including without limitation, unsafe operation, operation by untrained personnel, and failure to perform routine maintenance. Batteries, fuses, lamps, and other “consumable” items used in any of the instruments are not covered by this warranty. The equipment identified in this quotation will be limited by the terms and conditions stated by the original equipment manufacturer. If no terms are stated then the warranty period will not exceed twelve months from the date of delivery to your facility unless a prior agreement is reached between Rubicon Science Pty Ltd, the original equipment manufacturer, and the customer. Rubicon Science reserves the right to return the instrument to their workshop for repair.
There are no other warranties, expressed or implied, made by the company in connection with this agreement or the sale of products, including but not limited to warranties of merchantability or fitness for a particular purpose, which warranties are expressly disclaimed.
Severability & Proper Law
Part or all of any provision of these Terms and Conditions that is illegal or unenforceable may be severed from the Terms and Conditions and the remaining provisions of the Terms and Conditions continue to remain in force. These conditions shall be interpreted and governed by the state and/or country laws of Australia and New Zealand