Sales Terms & Conditions

Effective Date: 14/06/2022

These Sales Terms & Conditions apply to all purchases of products supplied by Smart MCs Pty Ltd (“Smart MCs”, “we”, “our”, or “us”). By placing an order, you agree to these Terms & Conditions.

1. Products

These Terms apply to all products supplied by Smart MCs, including but not limited to:

  • Microcarriers
  • Hydrogels
  • Biomaterials
  • Cell culture materials
  • Surface coatings
  • Research reagents
  • Custom manufactured products
  • Any related laboratory or research products

Product specifications, technical data, and batch information will be provided where applicable.

2. Orders

Orders may be placed through our website, email, purchase order, or other approved ordering methods.

Submission of an order does not constitute acceptance. Smart MCs reserves the right to accept or decline any order at its sole discretion.

3. Pricing

Unless otherwise stated:

  • All prices are in Australian Dollars (AUD).
  • Prices are exclusive of GST where applicable.
  • Shipping, customs duties, import taxes, and other government charges are the responsibility of the purchaser unless otherwise agreed.
  • Prices may change without notice prior to order confirmation.

4. Payment

Payment terms are specified on the invoice or quotation.

Unless otherwise agreed in writing:

  • Payment is due within 30 days of the invoice date.
  • Orders may not be shipped until payment has been received for customers on prepayment terms.

Late payments may incur interest and collection costs permitted under applicable law.

5. Shipping and Delivery

Estimated delivery dates are provided in good faith but are not guaranteed.

Smart MCs is not liable for delays resulting from:

  • courier or freight services;
  • customs clearance;
  • import regulations;
  • force majeure events; or
  • circumstances beyond our reasonable control.

Risk of loss or damage passes to the purchaser upon delivery to the nominated shipping address or collection by the purchaser’s courier.

6. Inspection of Goods

The purchaser must inspect all products immediately upon receipt.

Any claims relating to:

  • damaged goods;
  • incorrect products;
  • missing items; or
  • shipping damage

must be reported to Smart MCs within 7 days of delivery, together with supporting photographs and relevant information.

7. Product Performance

Smart MCs products are intended for research and development use only, unless otherwise expressly stated.

Because biological research outcomes depend on numerous experimental variables outside our control, Smart MCs cannot guarantee experimental results achieved by the purchaser.

However, if a purchaser reasonably believes that a product:

  • arrived damaged;
  • contains a manufacturing defect;
  • does not conform to the agreed specification; or
  • fails to perform substantially in accordance with the supplied product specifications when used according to Smart MCs’ recommended protocols,

the purchaser must notify Smart MCs promptly and provide sufficient supporting information to allow an investigation.

Where Smart MCs determines that a manufacturing defect or product non-conformance exists, Smart MCs may, at its discretion:

  • replace the affected product;
  • provide replacement batch(es);
  • issue a partial or full credit; or
  • provide another appropriate commercial remedy.

8. Returns

Products may not be returned without prior written authorisation from Smart MCs.

Products that have been opened, improperly stored, contaminated, modified, or used contrary to instructions may not be eligible for replacement or credit.

Custom-manufactured or made-to-order products are generally non-returnable except where required by law.

9. Product Storage and Handling

The purchaser is responsible for storing, handling, and using products in accordance with:

  • supplied product documentation;
  • Certificates of Analysis;
  • Safety Data Sheets (where applicable); and
  • Smart MCs recommendations.

Smart MCs is not responsible for product degradation resulting from improper storage or handling after delivery.

10. Limitation of Liability

To the maximum extent permitted by law, Smart MCs’ liability is limited to the replacement, repair, or refund of the purchase price of the affected product.

Smart MCs is not liable for:

  • indirect or consequential losses;
  • loss of research data;
  • loss of profits;
  • business interruption; or
  • costs associated with repeated experiments or downstream manufacturing.

Nothing in these Terms excludes rights that cannot legally be excluded under Australian Consumer Law.

11. Intellectual Property

All intellectual property relating to Smart MCs products, manufacturing processes, technical documentation, protocols, and associated materials remains the property of Smart MCs unless otherwise agreed in writing.

12. Governing Law

These Terms & Conditions are governed by the laws of New South Wales, Australia.

Any disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.

13. Changes to these Terms

Smart MCs reserves the right to amend these Terms & Conditions at any time. The version published on our website at the time an order is placed will apply to that order.