LabChoice Australia – Terms & Conditions
1. Definitions & Acceptance
LabChoice means LabChoice Australia Pty Ltd ABN 37 937 100 175, owned and operated by LABEXPERTS AUSTRALIA PTY LTD ACN 683 306 041
Customer means any individual, business, institution, or organisation purchasing goods or services from LabChoice.
These Terms apply to all quotations, orders, and sales by LabChoice and override any inconsistent terms unless agreed in writing.
Placing an order or accepting delivery constitutes full acceptance of these Terms.
LabChoice does not seek to rely on any term to the extent it would be unfair under the Australian Consumer Law (ACL).
1A. Order Acceptance
LabChoice reserves the right to accept or reject any order for any reason, including unavailability of stock, errors in product descriptions or pricing, or suspicion of fraudulent activity.
A binding contract is formed only when LabChoice issues a written order confirmation or dispatches the goods.
2. Quotations, Pricing & Currency
All quotations are valid for 30 calendar days unless stated otherwise.
Prices are in Australian Dollars (AUD), exclusive of GST, unless expressly stated otherwise. GST will be added at the prevailing rate.
For imported goods, LabChoice may adjust pricing for currency exchange rate variations exceeding ±3% between quotation and invoice dates.
LabChoice reserves the right to correct any typographical, clerical, or pricing errors and to cancel or refuse any order placed at an incorrect price, even after payment has been received. In such cases, LabChoice will promptly refund any amounts paid.
3. Payment Terms
Consumers: Full payment is required at the time of order via credit card, PayPal, bank transfer, or other accepted methods.
Approved Business Accounts: Net 30 days from the invoice date.
Late payments may incur interest at 1% per month above LabChoice’s bank overdraft rate until paid in full.
Retention of Title & PPSA:
Title remains with LabChoice until payment in full. The Customer grants LabChoice a security interest in the goods and their proceeds under the Personal Property Securities Act 2009 (Cth) and authorises LabChoice to register this interest on the PPSR. Until title passes, goods must be stored separately and labelled as LabChoice property. On default, LabChoice may enter the Customer’s premises to recover goods.
4. Delivery & Risk
Delivery charges are calculated based on size, weight, and destination.
Additional surcharges may apply for oversized, fragile, hazardous, or temperature-sensitive goods.
The Customer must inspect deliveries on arrival and notify LabChoice of any visible loss, damage, or shortage within 7 days.
Risk passes to the Customer upon delivery to the address provided, whether or not the Customer is present to accept the goods.
5. Short Deliveries & Returns
Claims for short delivery, incorrect goods, or transit damage must be lodged in writing within 7 days of receipt.
LabChoice Australia does not accommodate exchanges or returns solely due to a buyer’s change of mind.
Non-returnable items include sterile, temperature-sensitive, opened consumables, and custom or special-order goods.
Return freight for change-of-mind returns is the Customer’s responsibility. LabChoice will bear return costs only where goods are faulty, damaged, or incorrectly supplied.
If the product is faulty or damaged, it is covered by our standard 30-day return policy, allowing you to request a refund or store credit.
6. Warranties & Liability
Nothing in these Terms excludes, restricts, or modifies any rights or remedies the Customer may have under the ACL.
Where the ACL applies, in the case of a major failure, the Customer is entitled to a replacement or refund and compensation for reasonably foreseeable loss or damage. In the case of a minor failure, LabChoice may choose to repair or replace the goods, or provide a refund, within a reasonable time.
LabChoice passes through manufacturer warranties where available and does not provide a separate LabChoice warranty.
To the extent permitted by law, LabChoice’s liability is limited, at its option, to the repair, replacement, or refund of the goods.
LabChoice is not liable for consequential loss, loss of profit, or indirect damage.
7. Product Descriptions & Equipment Supply
All product specifications, descriptions, and images are for guidance only and do not form part of the contract unless confirmed in writing.
For instruments and balances, the Customer must ensure site readiness as per manufacturer specifications. Dead-on-Arrival claims must be made within 7 days of delivery.
7A. Regulated / Restricted Goods Compliance
Certain goods may be subject to regulatory restrictions, permits, or End User Declarations (EUDs) under Australian law.
LabChoice reserves the right to request such documentation and to cancel orders if the Customer does not meet eligibility requirements.
Goods are not for diagnostic, therapeutic, or clinical use unless expressly stated.
8. Intellectual Property & Website Use
All content on the LabChoice website is the property of LabChoice or its licensors.
Customers must not copy, reproduce, modify, or distribute content without written consent.
No data scraping, automated extraction, or bot use is permitted.
9. Force Majeure
LabChoice will not be liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, strikes, pandemics, transport delays, and regulatory changes.
10. Changes to Terms
LabChoice may update these Terms at any time.
Updates apply from the date they are published and do not affect orders already accepted by LabChoice unless permitted by law.
11. Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of its courts.
12. Severability
If any provision is invalid or unenforceable, the remainder of these Terms remains in effect.
13. Privacy & Data Handling
Personal information collected by LabChoice is handled in accordance with the LabChoice Privacy Policy, available on our website.
By placing an order, the Customer consents to the collection, use, and disclosure of personal information as set out in that policy.