Industry Development and Support

The Australian Wine Research Institute (AWRI) terms and conditions for provision of problem solving and investigative services (the services)

1. The receipt of samples for analysis by the AWRI constitutes an acceptance of the following terms and conditions.

2. When providing samples to the AWRI, the client/customer 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 AWRI reserves the right to refuse to conduct any test where such testing may pose a health or safety hazard.

3. Unless the AWRI has agreed in writing, the client/customer is responsible for the collection of samples, and for arranging the delivery of samples to the premises of the AWRI.

4. The client/customer is responsible for ensuring that any samples supplied for testing are representative of the product to be analysed, and for retaining any duplicate or control samples.

5. The client/customer understands that the AWRI will test the samples provided by the client/customer as received, and that the samples provided may not be representative of the total quantity of wine or other material being tested, and that therefore any test results provided by the AWRI will only be representative of the sample provided.

6. The client/customer acknowledges that during the conduct of any testing, the samples or parts thereof may be altered, damaged, lost or destroyed. The AWRI, its proprietor, its officers, employees or agents, shall not be liable to the client/customer or any third party for any samples that are altered, damaged, lost or destroyed during the conduct of the services.

7. Unless the AWRI agrees in writing prior to the commencement of any testing, the AWRI shall not be obliged to return samples to the client/customer and may at its discretion store, analyse, destroy or dispose of any samples in any manner it sees fit.

8. The client/customer hereby releases the AWRI, its proprietor, its officers, employees or agents from any present or future claim, demand, action or judgement in relation to matters the subject of, or arising out of this agreement which may lie against the AWRI, its proprietor, its officers, employees or agents, other than in respect of acts performed negligently by the AWRI, its proprietor, its officers, employees or agents, and that relate to this agreement.

9. The client/customer will indemnify and will keep indemnified the AWRI, its proprietor, its officers, employees or agents, against any present or future claim, demand, action, judgement, expense or liability, made or recovered from or against the AWRI, its proprietor, its officers, employees or agents, arising directly or indirectly in connection with this agreement, other than where such arises as a direct result of the negligence of the AWRI, its proprietor, its officers, employees or agents.

10. When testing relates to commercial products or services, any opinions expressed by the AWRI, its proprietor, its officers, employees or agents, in no way infers endorsement or otherwise of those products or services. Further, such opinions, whether supplied in writing or otherwise, shall not be used by the client/customer to advertise or promote those products or services.

11. When a written report on the findings of analysis is issued, the report becomes the property of the client/customer. However, such reports are issued on the understanding that they shall not be reproduced, except in full.

12. Any services provided under this agreement will be treated in strict confidence by the AWRI, and the AWRI, its proprietor, its officers, employees or agents shall not disclose to any third party the existence of any samples supplied by the client/customer under this agreement, or the existence of, or any information pertaining to any testing, results or reports, whether supplied in writing or otherwise, unless written authorisation to do so is supplied by the client/customer.

13. The client/customer acknowledges that it uses any report supplied as a result of services provided under this agreement, as well as the contents of such a report, and any advice, opinions or information supplied by the AWRI, its proprietor, its officers, employees or agents concerning the services performed, whether supplied in writing or otherwise, at its own risk. The client/customer also acknowledges that the services are performed on the understanding the client/customer will not hold the AWRI, its proprietor, its employees, officers or agents liable for any loss or damage resulting from the conduct of the service or the use of or reliance upon any report or its contents, or any advice, opinions or information supplied by the AWRI, its proprietor, its employees, officers or agents, whether supplied in writing or otherwise, and it is the responsibility of the client/customer to make its own assessment of the suitability for any purpose of the services, reports and their contents, and of any information or advice generated therefrom.

14. All intellectual property rights associated with analytical methods, processes and reports are vested, and shall remain vested, in the AWRI. No other party may replicate or appropriate any method or part thereof without the express written consent of the Director of the AWRI, or the Director's approved delegate