Terms and Conditions for the Sale of Animals

1. Products. The Animal Resources Authority trading as the Animal Resources Centre agrees to supply products listed in current Price Lists (“Animals”) and you agree to purchase these products subject to these terms and conditions, which shall supersede any terms and conditions on any purchase order, form or document you submit or have submitted to the Animal Resources Centre (“Agreement”).

All care is taken to provide the requested product. The Animal Resources Centre meets the standards of ISO9001:2000 quality assurance certification. Quality control tests to assess the health and genetic status of animals supplied by the Centre are undertaken regularly within production units and on strains of animals. The genetic status of each strain of animal is determined by testing a representative number of animals from the pedigree line and production colonies. The genetic status of each individual animal supplied is not tested and is uneconomical as the cost of the test would exceed the current selling price of each animal.

2. Price. You shall pay the Price for the Animals in accordance with the current Price List. All Prices are referred to in Australian dollars. The Price does not include transport costs.

3. Technical Assistance. It is expressly agreed that in the event we provide to you technical advice or assistance, then no liability for loss or damage suffered whether directly or indirectly by you in consequence of your reliance upon that technical advice or assistance shall attach to us, whether that loss or damage arises for breach of contract or at common law, including the law relating to negligence by the Animal Resources Centre or under statute or otherwise, and whether arising directly, indirectly or consequentially.

4. Exclusions and Limitation of Liability

4.1 The Animal Resources Centre makes no representations or warranties, either express or implied, of any kind with respect to the Animals, the information, services or materials offered, sold or displayed on the website, price lists or any written material produced by the Animal Resources Centre.

4.2 To the full extent permissible under applicable law, the Animal Resources Centre expressly disclaims all warranties express or implied of any kind with respect to the Animals, offered, sold or displayed on the website, price lists or any written material produced by the Animal Resources Centre including warranties of merchantability, fitness for a particular purpose and non infringement of any patent, trademark or other intellectual property rights.  Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer shall not apply to the extent it is not applicable in those jurisdictions.

4.3 You agree that the Animal Resources Centre, their officers, employees, consultants, agents or other representatives, shall not be liable for any damage, loss or expense of any kind arising out of or resulting from your possession or use of the Animals, or any action or inaction by them, regardless of whether such liability is based in tort, contract or otherwise.

4.4 Except as expressly stated herein, you agree the Animal Resources Centre shall not be liable for any causes of action or damages arising from the use of the Animals including any special, indirect or consequential damages arising out of the provision of animals, biological materials or services, including economic damage or injury to property and lost profits, and including any damage arising from acts or negligence by us. By the purchase of Animals from us, you expressly release and discharge us from all such causes of action or damages.

4.5 In no event shall the Animal Resources Centre be liable to you for any indirect, special, incidental, consequential or punitive damages (including without limitation loss of profits, loss of goodwill, work stoppage, or malfunction or interruption of business), regardless of whether the Animal Resources Centre has been advised of the possibility of such damages.

4.6 Under the Trade Practices Act 1974 of the Commonwealth of Australia implied conditions and warranties cannot be excluded. The Animal Resources Centre limits its liability in the case of supply of an Animal under this Agreement, to the replacement of the Animal or the supply of equivalent product, or the paying of the costs for replacing the Animal or acquiring equivalent product; and in the case of services, to the supplying of the services again, or the payment of the cost of having the services supplied again.

4.7 If the foregoing are held to be unenforceable, the maximum liability of the Animal Resources Centre, their officers, employees, consultants, agents or other representatives to you shall not exceed the amount of the price paid by you for the Animals. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions shall not apply to the extent it is not applicable in those jurisdictions.

5. The Animal Resources Centre Representations

5.1 Whilst we take every precaution in the preparation of technical circulars, price lists and other literature these documents are for your general guidance only. You acknowledge that you have not relied on any representation made by us, which has not been stated expressly in this Agreement, or upon any technical circulars, price lists or other literature produced by us.

5.2 Our employees or agents are not authorised to make any representations concerning the Animals, unless we confirm such representations in writing. You acknowledge by accepting delivery of the Animal that you do not rely on and waive any claim for breach of any such representations, which are not so confirmed

6. Dispute Resolution

6.1 Complaints

You agree that in the event you have any complaint associated with the Animal Resources Centre that you will comply with the following complaints process:

6.1.1 You will contact us forthwith and outline your complaint and follow in writing advising all relevant details.

6.1.2 You will allow us 30 days in which to respond to your complaint in writing and thereafter you will enter into good faith discussions with us to resolve such complaint.

6.1.3 In the event that a satisfactory resolution to the complaint cannot be achieved you will enter into mediation with us for resolution of the complaint prior to pursuing any legal action to the extent permitted by law.

6.2 Mediation

6.2.1 If a dispute arises between the parties, including the non resolution of a complaint as referred to in clause 6.1 you agree that no court proceedings in relation to the dispute will be taken by you unless the following mediation process has been completed:-

6.2.1.1 You must advise us of any dispute by written notice adequately identifying and providing details of the dispute, referring to any documentary evidence of the matters claimed in the dispute and designate a representative who has authority to negotiate and settle the dispute.

6.2.1.2 Within 28 days after receiving the notice referred to in clause 6.2.1.1 we must respond to the notice providing details and referring to any documentary evidence in support and designate a representative whom has authority to negotiate and settle the dispute.

6.2.1.3 Within 20 days of receiving the notice from us, both of us must negotiate and endeavour to settle the dispute.

6.2.1.4 If the dispute is not settled within 30 days of the attempts to negotiate and endeavour to settle the dispute as provided in clause 6.2.1.3 an independent mediator with relevant experience of the matter in dispute or failing agreement a person appointed by the President of the Law Society of Western Australia will be appointed to mediate the dispute.

6.2.1.5 If within two months after the date of the mediator’s appointment the dispute has not been resolved, either party may by notice in writing terminate the mediation process and seek such remedies as they decide.

6.2.2 You agree that you will not commence court proceedings or arbitration unless you have first complied with the dispute resolution provisions contained in this clause. You agree that this agreement may be pleaded as a bar to any court action commenced prior to termination of the mediation process.

6.2.3 In any case, you shall bear your own costs for the mediation. The cost of the mediator will be borne equally.

6.3  Without Prejudice

You acknowledge any exchange of information or documents or the making or any offer or settlement pursuant to this clause is an attempt to settle the dispute. Neither you nor the Animal Resources Centre may use any information or documents obtained through the dispute resolution process for any other purpose.

7. Assignment

The Animal Resources Centre shall be party to any assignment or transfer of this Agreement or the benefits thereof to any other person.

8. Force Majeure

We shall not be liable for any failure to perform this Agreement, or for any loss and damage suffered by you in consequence thereof which failure arises from any cause whatsoever beyond our control, including (but not being limited to) computer, communication or network failures, fire or other accident, strikes or other labour disputes, inability to deliver Animals, or any computer virus introduced by a third party.

9. Proper Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws in force in Western Australia and all disputes arising in connection with this Agreement shall be submitted to the jurisdiction of the relevant court of Western Australia.

10. Miscellaneous

This Agreement and any applicable policies and procedures of the Animal Resources Centre, together with those document policies and procedures expressly referred to herein, constitute the entire agreement with respect to the subject matter hereof and supersedes all previous written or oral agreement between us with respect to such subject matter. No purchase order or other document sent by you that may modify the terms and conditions herein shall be binding on us, and the terms and conditions herein shall apply to the sale of the Animals. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any proceeding or subsequent default or breach The Animal Resources Centre may freely transfer, assign or delegate all or any part of this Agreement and all rights and duties thereunder, without the requirement of consent. This Agreement will be binding upon and inure to the benefits of the heirs, successors and permitted assigns of the parties. Headings and sub-headings are for clarification purposes only and do not form part of these terms and conditions.

11. Acknowledgement of Health Status

In purchasing these animals I acknowledge that I have read and understood the most recent health report for the Area where the animals are housed (Health Reports). The tests referred to in that report were done on a statistically significant number of animals. In purchasing these animals I fully accept that this health report only represents the results of tests done up to the date stated for each test on the report.

11. The Animal Resources Centre Contact Information Animal Resources Centre PO Box  1180 Canning Vale Western Australia 6970
Phone: 08 9332 5033 Fax: 08 9310 2839 Email: info@arc.wa.gov.au