The Australian Wine Research Institute’s Analytical Service

Terms and conditions

Terms and conditions for provision of services from the Analytical Service

Please click here to see our terms and conditions in PDF format (55kB pdf), requires Adobe Acrobat Reader.

You and we agree that:

  1. Application of Terms
    1. only these terms apply to the contract for the carrying out of the services entered into by us with you unless otherwise agreed in writing. By placing an order with us or accepting delivery of the services from us you accept these terms;
    2. any quote given by us is an invitation to treat and we reserve the right to accept your order or not;
    3. you cannot cancel an order without our written consent;
    4. you may not amend or vary these terms and these terms prevail over any terms you seek to impose on your order for the carrying out of the services. No course of prior dealings or usage of trade will be used to supplement or explain these terms. We may amend or replace these terms at any time by notice to you;
  2. Orders
    1. your request for carrying out of the services must comprise:
      1. a duly completed legible order form; and
      2. the relevant sample in respect of which you require our services;
    2. the order form must:
      1. be duly and legibly completed and signed by you;
      2. include full details of type and quantity of the services you require;
      3. include full details of any safety or health hazards or special procedures in respect of carrying out of the services, including handling, testing, storage, transport and disposal of samples;
      4. if applicable, include full details of any insurance claim or legal proceedings in relation to which the sample or services are relevant;
      5. state if you require us to return the sample to you after the services are carried out; and
      6. in case of an experimental sample for the purpose of sensory analysis, include a material safety data sheet for any materials that may be or may have been in contact with wine;
    3. the sample must:
      1. be in a condition which is fit for the purpose of carrying out the services;
      2. be representative of the products in respect of which the services are to be carried out;
      3. be of sufficient quantity to allow us to carry out the services and to retain any duplicates of control samples or reference sub samples;
      4. contain a clear identifying number or code in accordance with our requirements set out on our website;
    4. you are responsible for:
      1. ensuring the sample complies with the requirements in clause 2.iii;
      2. collecting the sample and delivering it to us;
      3. retaining any duplicate or control samples;
      4. ensuring that the sample is packed in a manner that ensures it is delivered to us in a condition that complies with these terms;
  3. Acceptance and Rejection
    1. if, in our sole and absolute discretion, an order form or sample does not comply with clause 2:
      1. we will try to contact you to resolve that non-compliance, if your contact details are included on the order form;
      2. if we contact you, you must provide us with the information and/or sample necessary to resolve that non-compliance within 5 days of our request; and
      3. if we do not contact you within 5 days of our receipt of the order form and sample, or having been contacted, you do not comply with clause 3.i(b), we may elect not to carry out the services;
    2. if we carry out services where the order form or the sample does not comply with clause 2, we do so at your sole risk and you indemnify us and keep us indemnified from any claim arising directly or indirectly by reason of that non-compliance;
    3. unless in the order form you expressly request the return of the sample, we may, in our sole and absolute discretion, destroy or dispose of the sample :
      1. if it does not comply with clause 2;
      2. where clause 3.i(c) applies; or
      3. where clause 6.iii(c) applies, and you have no claim against us for doing so;
  4. Scope of Services
    1. the services comprise the carrying out of such analytical tests on the sample as you specify in the order form;
    2. you may not alter the quantity of the sample to be analysed by us or your analytical test requirements from those set out in the order form submitted by you to us. You must complete another order form in respect of such additional sample or analytical requirements;
    3. we will provide you with a report in respect of the results of the services carried out on the sample;
    4. unless otherwise agreed by us in writing with you, the report will be in our standard format, as amended by us from time to time;
    5. if you require the services to be carried out in relation to export or alcohol labelling of a product to which the sample relates, we will store a reference sub-sample for a period of 1 year after carrying out of the services;
    6. if you request storage of a sample (other than a sample referred to in clause 4.v), we may refuse your request for storage based on our storage capacity available at the time of your request;
    7. we will keep records of the analytical tests carried out in performing any services for a period of 3 years after completion of the services;
    8. the services do not extend to:
      1. provision of any information to you or any other person regarding the services other than the report or anything else;
      2. provision of any expert regarding the services; or
      3. interpretation of results or methods from external laboratories;
  5. Time
    1. any time period stated by us for carrying out the services or time stated by us for delivery of any report are estimates only;
    2. you acknowledge and agree that we will carry out services for levy payers in priority to other persons;
    3. we are not liable for and you indemnify us and keep indemnified against any claim arising directly or indirectly out of any services not being carried out or any report not being delivered within any particular time period or by any particular date;
  6. Fees
    1. the base fees for the services are:
      1. the fees for the services reflected on our website at the time we receive your order form for carrying out the services; or
      2. the fees we notify you in a quote within 5 days from our receipt of the order form;
    2. we may amend the fees for any services as reflected on our website from time to time and the amended fees will apply to any order form we receive at any time after that amendment;
    3. where clause 6.i(b) applies:
      1. you must notify us within 5 days if the base fees notified by us in our quote are acceptable to you;
      2. we will not commence the services until you notify us of your acceptance of the quote; and
      3. if you fail to notify us within the specified period, we will not carry out the services and may dispose of or destroy the sample, unless you requested us to return the sample to you in the order form;
    4. any quote is only capable of acceptance in respect of the numbers of the sample specified in your order form;
    5. in addition to the base fee, you must pay to us:
      1. the costs of storage of any sample;
      2. if we provide you with any information over and above the report or any employee of us acts as an expert for you, the hourly rate for preparation of that information or acting as an expert as reflected on our website at the time that the preparation or attendance is undertaken;
      3. if you require a report to be provided in a format other than our standard report format, a reporting fee;
      4. if the services specified in your order form require customised methods or analysis in new matrices, a fee for method delegated and valuation costs;
      5. if you request sub-sampling and/or additional testing at external laboratories, a shipping and handling fee;
    6. if you are a levy payer, we will pay for the cost of freight of any sample delivered to our premises for purposes of us carrying out the services, provided that you adhere to our delivery requirements as set out on our website, at the time of dispatch;
    7. if you are not a levy payer, you are responsible for the cost of freight of any sample delivered to our premises for purposes of us carrying out the services;
  7. Payment
    1. unless otherwise agreed or required by us in writing, you must pay the fees for the services, plus any applicable GST without any deduction, withholding or set-off, within 30 days of the date of our tax invoice for the services;
    2. if you do not pay any amount on time, we may charge you:
      1. interest at our overdraft rate plus 2% per annum from the due date for payment to the actual date of payment of that amount; and
      2. a late payment fee of $12 or such other late payment fee notified by us to you by publication on our website, being a genuine pre estimate of the administrative costs incurred by us by reason of your late payment;
    3. in this clause 7.iii, GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and terms defined in the GST Law bear their defined meanings;
      1. if GST is payable on a taxable supply made under these terms, the party providing the consideration for that supply must also pay, at the same time as the consideration for the supply, an additional amount on account of GST equal to the consideration payable for the taxable supply multiplied by the prevailing GST rate;
      2. where there is an adjustment relating to the taxable supply, the supplier of the taxable supply will deliver an adjustment note to the recipient of the taxable supply as required by the GST Law;
    4. you consent to us undertaking any credit checks in respect of you and to information regarding you being provided to us by your bankers and other financial service providers;
    5. we reserve the right to require you to pay for the services before we carry them out;
  8. Force Majeure
    1. we are not responsible or liable for any delay in performing our obligations under these terms if that delay or failure is caused by any circumstance beyond our reasonable control;
    2. delays to which clause 8.i applies include, 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, governmental officer, department, agency, authority or committee that renders our performance impracticable or impossible;
  9. Intellectual Property Rights
    1. title to the report only passes to you upon your payment of all accounts payable by you for the carrying out of the services;
    2. all intellectual property rights associated with sample analysis, methods, processes and reports are vested, and will remain vested in us;
    3. you may not use such intellectual property rights for any purpose without our prior written consent;
  10. Liability
    1. subject to clauses 10.ii and 10.iii, we make no representation, warranty or undertaking regarding the character, quality, accuracy, completeness, condition, suitability or fitness for any purpose of the services or the report and, to the extent permitted by law, all implied terms as to those matters are excluded;
    2. unless expressly prohibited by any applicable law, we are not liable (whether in contract, tort, under any statute or otherwise) for loss or damage of any kind (including direct, indirect and consequential loss and damage of business revenue, loss of profits, failure to realise expected profits or savings or other commercial or economic loss of any kind), however caused arising out of or in any way related to the services or the report or failure or delay in the carrying out of the services or the delivery of the report;
    3. in any event, to the extent the law allows, our liability will be limited, at our option, to:
      1. the carrying out of the services again; or
      2. the payment of the cost of having the services carried out again;
  11. Breach
    1. without prejudice to any other rights we may have, if you breach these terms:
      1. all amounts which you owe us become immediately payable; and
      2. we may retain any deposit paid by you on account of the carrying out of the services;
  12. Release and Indemnity
    1. you hereby release and indemnify and agree to keep indemnified us and our officers, employees, contractors and agents from and against any and all claims suffered or incurred or made or brought against us (or our officers, employees, contractors or agents) by you or any other person:
      1. in any way in connection with the services or the report (including, without limitation, the use of or reliance upon the report or any other advice, opinion or information supplied by us or our officers, employees, contractors or agents), except to the extent that any claim arises directly from or out of any wilful or negligent act or omission of, or breach of these terms by, us or any of our officers, employees, contractors or agents; or
      2. which arises directly or indirectly from or out of any wilful or negligent act, or omission of, or breach of these terms by, you or any of your officers, employees, contractors or agents;
  13. Privacy
    1. subject to clause 13.iii, we consider all information provided by you and all experimental data arising from services performed by us for you to be confidential;
    2. subject to clause 13.iii, we will obtain your written authorisation to disclose such experimental data to a third party;
    3. clauses 13.i and 13.ii do not in any way prevent or limit us from disclosing experimental data arising from services performed by us for you so long as that disclosure does not, directly or indirectly, identify you;
  14. Confidentiality
    1. you must keep the report and all other matters relating to the services confidential, except where disclosure is required by law or is approved by us in writing;
  15. Use of Reports
    1. you acknowledge that you use the report and its contents and any advice, opinions or information supplied by us, our officers, employees or agents in respect of the services at your own risk;
    2. it is your responsibility to make your own assessment of the suitability for any purpose of the services, the report and its contents and any such advice, opinions or information;
    3. the report is provided for your sole benefit and may not be relied upon by any other person;
    4. you must not use the report for any promotional purpose in a way which implies or may imply our endorsement of any product to which the report relates;
  16. General Provisions
    1. these terms contain the entire terms between us and you with respect to their subject matter and supersede all prior contracts and understandings between us in connection with it;
    2. your rights and obligations under these terms are personal. They cannot be disposed of, encumbered or otherwise dealt with and you must not attempt, or purport, to do so without our prior written consent;
    3. no failure to exercise nor delay in exercising any right, power or remedy by us operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy by us. A waiver is not valid or binding on us unless made in writing;
    4. these terms are governed by the laws of South Australia. You submit to the exclusive jurisdiction of courts exercising jurisdiction there in connection with matters concerning these terms;
    5. our relationship with you is that of independent contractors. We and you are not partners, joint venturers or principal and agent;
  17. Defined Terms in these terms:
    1. us, we, our means The Australian Wine Research Institute of corner Waite Road & Hartley Grove, Urrbrae, South Australia, 5064;
    2. you, your means the person for whom services are carried out by us;
    3. claim means any cost, expense, loss, damage, claim, action, proceeding or other liability (whether in contract, under any statute, tort or otherwise), however arising (whether or nor presently ascertained, immediate, future or contingent) and includes legal costs on a full indemnity basis;
    4. levy payer means a person who is liable as a grape producer or winemaker to pay a levy pursuant to the Primary Industries (Excise) Levies Act 1999 (Cth);
    5. order form means an order form for services in the form from time to time approved by us;
    6. report means the report provided by us in relation to the services carried out by us for you;
    7. sample means the sample provided by you to us for the purpose of carrying out the services; and
    8. services means the analytical services ordered by you from us as set out on your order form.

as at 24 May 2005

Purchase Orders

AWRI Purchase Order Form (50kB pdf), requires Adobe Acrobat Reader.

Confidentiality Policy

All work performed within the Analytical Service laboratory is treated as strictly confidential. If a third party desires information regarding our clients or their products, the information is provided only after the client's written authorisation is obtained.

Quality Policy

The Analytical Service of The Australian Wine Research Institute is committed to providing services of the highest quality. This commitment is demonstrated by the application of a NATA-accredited quality management system to ensure that the laboratories' high standards are not only met, but continuously improved upon. The Analytical Service aims to meet customers' expectations by providing rapid, accurate, analytical results supported by service of the highest quality.

Proficiency Testing is an integral part of maintaining quality.

The AWRI has performed in numerous inter-laboratory proficiency programs. The Analytical Service participates in several trials covering many categories of our NATA accreditation in the routine and trace analytical laboratory.

NATA: National Association of Testing Authorities (Australia)
IWAG: Inter-Winery Analysis Group (Australia)
DAPS: Distillers' Analytes Proficiency Testing Scheme (UK)
FAPAS: Food Analysis Performance Assessment Scheme (run by the UK Department of Environment, Food, and Rural Affairs).
Lab Excell (France)

Amongst the analytes tested are alcohol, density, pH and titratable acidity, malic acid, glucose and fructose, volatile acidity and SG, sodium, potassium, pesticide residues, ochratoxin A, and TCA (Headspace SPME GC-MS).

To conform to this policy requires trained staff applying methods and procedures which have been validated to the highest standards. It also requires compliance with our quality control acceptance criteria requiring that results are not reported unless the quality control parameters set for each method are met.

For this level of quality we think you may be pleasantly surprised at the competitiveness of our prices.

Privacy Policy

Goods and Services Tax (GST)

The prices quoted on this website exclude GST. The GST will be included separately on the tax invoice issued.

Invoicing and payment

Tax invoices are issued with reports and are payable within 30 days. The tax invoice includes our Australian Business Number (ABN) 83 007 558 296.

AWRI Customer Credit Application Form (180kB pdf), requires Adobe Acrobat Reader.

AWRI Credit Card Authorisation Form (16kB pdf), requires Adobe Acrobat Reader.

Analytical Service Navigation