1. Agreement to these terms
By requesting a quote, submitting samples, placing an order or otherwise using the services of YGC Labs Pty Ltd, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use our services. These terms apply together with any quote, scope of works or service agreement we issue to you. Where a signed service agreement conflicts with these terms, the signed agreement prevails to the extent of the conflict.
2. Who we are
YGC Labs Pty Ltd (ABN ) is an Australian proprietary limited company providing laboratory and testing services from Melbourne VIC to clients throughout Australia. References in these terms to "YGC Labs", "we", "us" and "our" mean YGC Labs Pty Ltd. References to "you" and "your" mean the client who engages our services.
3. Our services
We provide laboratory and testing services, which may include sample analysis, quality testing, environmental testing and related reporting. The specific tests, methods, parameters, turnaround times and deliverables applicable to your engagement will be set out in your quote or scope of works. We will perform our services with reasonable care and skill and in accordance with the methods agreed with you.
4. Quotes and orders
Quotes issued by YGC Labs are valid for 30 days from the date of issue unless otherwise stated in writing. A quote is an invitation to treat and does not constitute a binding offer. An order is accepted only when we confirm it in writing, at which point a binding agreement is formed on these terms. We may decline any order at our discretion, including where a request falls outside our testing capabilities or where samples are unsuitable for analysis.
5. Sample submission and your responsibilities
You are responsible for collecting, handling, labelling, preserving and transporting samples in accordance with our sampling instructions and any applicable Australian standards. You warrant that:
- you own the samples or are lawfully authorised to submit them for testing;
- samples are safe to handle, or accompanied by accurate safety documentation where hazards exist;
- all information you provide about the samples and their origin is accurate and complete; and
- your use of our test reports will comply with all applicable laws and regulations.
We may reject samples that are damaged, improperly preserved, insufficient in quantity, hazardous without appropriate documentation, or otherwise unsuitable for analysis. Testing accuracy depends on sample integrity, and we are not responsible for results affected by sampling or transport issues outside our control.
6. Testing methods and turnaround times
We use recognised analytical methods wherever practicable and will disclose the method applied in your report. Any turnaround time we quote is an estimate only and begins when suitable samples are received at our laboratory. While we work to meet estimated timeframes, delays may occur due to instrument availability, retesting requirements, sample complexity or circumstances beyond our control. Time is not of the essence in the performance of our services.
7. Fees, invoicing and payment
Fees for our services are set out in your quote or invoice and are payable in Australian dollars. Unless other credit terms are agreed in writing, invoices are payable within 14 days of the invoice date. We may require a deposit or prepayment before commencing work on certain orders, and we may withhold release of final reports until overdue amounts are paid. If an invoice remains unpaid beyond its due date, we may charge interest on the outstanding amount at a reasonable rate and suspend further services until the account is settled.
8. GST
All fees are quoted in Australian dollars. Where GST applies to a supply made under these terms, it is payable in addition to the quoted price, and we will issue a tax invoice where required. Prices stated as inclusive of GST are inclusive; prices stated as exclusive of GST have GST added at the prevailing rate.
9. Cancellations, variations and refunds
You may vary or cancel an order by written notice before we commence analysis. If work has already commenced, you remain liable for costs reasonably incurred up to the date of cancellation, including sample receipt, preparation and any part-completed testing. Variations to the scope of testing may affect the quoted fee and turnaround time, and we will confirm any revised charges in writing before proceeding. Refunds are handled on a case-by-case basis and are subject to your rights under Australian Consumer Law.
10. Test reports and use of results
Test reports are issued for the exclusive use of the client named on the report and for the purpose stated in the engagement. Reports must not be reproduced, except in full, without our prior written consent. Results relate only to the samples tested and do not represent the condition of a larger batch, site or product unless explicitly stated. You agree not to use our reports in a misleading or deceptive way, and you indemnify us against losses arising from unauthorised or out-of-context use of our reports by you or third parties who obtain them from you.
11. Confidentiality
We keep confidential all client information, sample data and test results, and we disclose them only to you, to your nominated representatives, or where disclosure is required by law or by an accredited accreditation body as part of routine assessment. We may use aggregated, de-identified data for quality assurance and internal improvement purposes.
12. Intellectual property
All intellectual property in our methods, procedures, templates, report formats and know-how remains the property of YGC Labs Pty Ltd. Upon full payment, you receive a non-exclusive, non-transferable licence to use the test reports delivered to you for their intended purpose. You retain ownership of the samples you submit and of any proprietary information you provide to us.
13. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Where we are taken to have failed to meet a consumer guarantee that applies to services we supply, you may be entitled to remedies that the Australian Consumer Law provides. Any limitation of liability in these terms applies only to the extent permitted by law and does not apply to consumer guarantees.
14. Limitation of liability
To the fullest extent permitted by law, and except in relation to consumer guarantees under the Australian Consumer Law, our liability arising out of or in connection with our services is limited, at our option, to supplying the services again or paying the cost of having the services supplied again. To the extent permitted by law, we are not liable for indirect or consequential losses, loss of profits, loss of business opportunity, or losses arising from inaccurate sample collection or handling performed by you or your agents. Nothing in this clause limits liability that cannot lawfully be limited.
15. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, available at privacy.html. By engaging our services, you consent to the collection, use and disclosure of information as described in that policy.
16. Force majeure
We are not liable for delays or failure to perform our obligations where caused by events beyond our reasonable control, including equipment failure, utility outages, natural disasters, industrial action, epidemics or changes in law. Where such an event occurs, we will notify you as soon as reasonably practicable and take reasonable steps to resume performance.
17. Governing law
These terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia. Any provision of these terms found invalid or unenforceable will be read down or severed to the minimum extent necessary, and the remaining provisions will continue in full force.
18. Changes to these terms
We may update these Terms of Service from time to time. The current version is published on this page, and the version in force at the time we confirm your order applies to that engagement. Material changes will be highlighted on this page with an updated "last updated" date.
19. Questions and contact
If you have questions about these Terms of Service, please contact us at ceo@ygclabsau.space or visit our contact page. We aim to respond to written enquiries within two business days.
YGC Labs Pty Ltd · ABN · Melbourne VIC