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Novorem – Remediation. Reimagined.

Terms & Conditions

These terms apply to all products and services supplied by Novorem Pty Ltd.

  1. 1. General

    1. 1.1Novorem will provide the Services described in the accompanying tender, quotation or email to the Client, which together with these terms and conditions will hereafter be called the ‘Agreement’.
    2. 1.2The Agreement shall prevail over and take the place of any other terms or conditions contained in any purchase document of, or communication from, the person, firm, company or other body ordering products and services or receipt of samples for analysis from the Company (“the Client”).

  2. 2. Provision of Services

    1. 2.1Novorem will provide the services by exercising the same degree of diligence, skill and care that would be exercised by professional service providers in similar circumstances.
    2. 2.2The Client acknowledges that it is the Client’s sole responsibility to make its own assessment of the suitability for any purpose of the services, detection limits and confidence intervals inherent in Novorem’s standard testing and methodology, the Novorem Report and its contents. All Novorem reports and data relate to the tested sample only.
    3. 2.3If the Client requires specific testing methods, detection limits or confidence intervals different from Novorem’s standard testing methodology, the Client must advise Novorem of such needs before submission of samples.
    4. 2.4Novorem may subcontract all or part of the services and the Client consents to Novorem disclosing all information of the Client (including confidential information) to that subcontractor necessary to perform the service.

  3. 3. Despatch and Delivery

    1. 3.1The risk of any loss or damage to, or deterioration of the products shall pass to the Client when the products have been received by the Client’s carrier or Client’s agent.
    2. 3.2Novorem will utilise best endeavours to deliver the work by the estimated delivery date but does not accept any liability for failure to deliver for reasons beyond its control, nor does it accept any liability for delays in delivery.
    3. 3.3If delivery cannot be made to the location specified due to the nature of the premises, insufficient access or for any reason not attributable to Novorem, including the Client’s absence, the Client will be liable for any additional delivery charges and costs including redelivery.
    4. 3.4Return of empty kegs to Novorem will be at the Client’s cost and should be made within two months of original delivery of products.

  4. 4. Payment and Price

    1. 4.1Novorem will render an invoice after completion of work or at any stage of work from time to time. Payment is due in full on terms of net thirty (30) days from date of invoice unless other arrangements have been made in writing. Unless otherwise specified, prices quoted are ex-works Moss Vale (warehouse) and exclusive of freight and GST.
    2. 4.2If full payment is not made by the due date: (a) Novorem shall have the right to charge interest to the Client from the due date on the unpaid balance on a daily basis at the rate of 18% per annum; (b) Novorem shall have the right to suspend any further deliveries or services.
    3. 4.3Until full payment has been made to and received by Novorem, property in the products and services shall remain with Novorem notwithstanding that the risk in the products may have passed to the Client or that the Client may have possession of the products.
    4. 4.4Monies owed by the Client to Novorem shall become due immediately upon the commencement of any act or proceeding in which the Client’s solvency is involved.

  5. 5. Returns

    1. 5.1Products cannot be accepted for return unless prior agreement in writing has been obtained. All returns, unless otherwise agreed in writing, will be at the expense of the Client and a restocking fee of 20% may apply. Products will only be accepted in original packaging and only on terms to be agreed in writing in each individual case. All claims must be made within 7 days of receiving the products.

  6. 6. Limit of Liability

    1. 6.1With the exception of Non-Excludable Rights and any express written warranty provided by Novorem, and notwithstanding any other provision of these terms and conditions, the liability of Novorem to the Client – whether arising under or in connection with these terms and conditions or the performance or non-performance thereof or anything incidental thereto, and whether by way of indemnity, by statute, in tort for negligence, or on any other basis in law or equity – is hereby limited and excluded as follows: (a) Novorem shall not have any liability whatsoever to the Client for any loss, claim, injury or damage (including but not limited to loss of revenue, loss of production, loss of product, loss of contract or loss of profit) of any kind howsoever arising in connection either indirectly or directly with these terms and conditions, a Client’s order, the products and the services and/or work; and (b) the total aggregate liability of Novorem is at all times limited to an amount equal to the purchase price of the supply of product or services.
    2. 6.2If any Non-Excludable Terms apply, then to the extent to which Novorem is entitled to do so, its liability under those Non-Excludable Terms will be limited at its option to: (a) the replacement of the products or the supply of equivalent products or services; (b) the repair of the products or services; (c) the payment of the cost of replacing the products, or of acquiring equivalent products or services; or (d) the payment of the cost of having the products repaired.
    3. 6.3Subject to clause 7.1 and any express written warranty provided by Novorem, Novorem does not make any guarantee, condition or warranty as to materials, workmanship or performance of the work.

  7. 7. Indemnity

    1. 7.1The Client indemnifies and releases Novorem and its agents and assigns, regardless of any negligence on the part of Novorem, on a full indemnity basis, from and against any costs, liability, damage, loss, expense or demand arising directly or indirectly from: (a) a breach of these Terms and Conditions by the Client; (b) any false, misleading or deceptive representation or statement made by the Client in respect of the products or services to any person; and (c) any claims or losses incurred by third parties in relation to the work, including in relation to any laboratory-related Services.
    2. 7.2The indemnity and releases in this clause shall survive and continue beyond expiration of this Agreement.

  8. 8. Safety and Use

    1. 8.1The Client agrees that it has received adequate information regarding the products to ensure their safe use, handling, assembly, installation and storage, which may include Novorem user guides or manuals applicable to the products.
    2. 8.2All products must be properly used in accordance with all applicable laws and instructions provided in any applicable user guides or manuals.
    3. 8.3The purchase and/or use of all products sold by Novorem places the responsibility of use on the user of the products and Novorem accepts no responsibility for inappropriate use.
    4. 8.4All products are used entirely at the user’s own risk and, to the maximum extent permitted by law, Novorem accepts no liability for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind – including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise – arising from any party’s use (or misuse) of any of the products.

  9. 9. Intellectual Property

    1. 9.1All Novorem IP will remain the property of Novorem. Novorem grants to the Client a world-wide, non-exclusive, royalty-free licence to use Novorem’s IP for the purpose agreed between the Client and Novorem to the extent that it is needed for the benefit of the services.
    2. 9.2Neither Novorem nor the Client will disclose Confidential Information of the other party to any third party without the prior written consent of the other party, unless required by law. Novorem and the Client will only use Confidential Information of the other party for the purpose of the supply of the services.
    3. 9.3Any report, findings, results or statement is issued on the basis of testing of samples or materials, information or documents provided by, or on behalf of, the Client. The Client will indemnify and hold harmless Novorem, its officers, employees, agents and subcontractors for any claim whatsoever in relation to any Novorem report arising from unclear, erroneous, incomplete, misleading or false information provided to Novorem, or arising from any incorrect or defective materials or samples provided to Novorem.
    4. 9.4Each Novorem report: (a) is issued using detection limits and confidence intervals inherent in Novorem’s testing methodology; (b) contains Novorem’s results and opinions on those samples or specific materials only; (c) is solely for the benefit of the Client, its officers and employees; and (d) is prepared at the request of the Client for the purpose agreed between the Client and Novorem. The Client may disclose the report to a third party for that purpose only, but Novorem does not accept any responsibility or liability to that third party.
    5. 9.5The Client acknowledges and agrees that any action, inaction or decision of the Client in response to the Novorem report will be determined by the Client. Novorem, its officers, employees, agents or subcontractors will not be liable to the Client or any third party for any action or inaction of the Client in response to any Novorem report.

  10. 10. Headings

    1. 10.1The headings to these terms and conditions are intended for convenience only and shall in no way affect their construction.

Definitions

Novorem
Novorem Pty Ltd (ABN 11 615 109 781).
Novorem IP
All intellectual property and proprietary rights owned by Novorem prior to the performance of the services, developed by Novorem in performance of the services, or developed by Novorem outside of, or after, performance of the services – including without limitation business names, trade or service marks, any right to have information kept confidential, patents, patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, databases, know-how, logos, designs and similar industrial or intellectual property rights.
Agreement
These terms and conditions together with the Client’s order.
Client
Any person who purchases products or services from Novorem Pty Ltd.
Product
Any product (including any equipment) sold and supplied by Novorem to the Client.
Work
The supply of products and/or services under this Agreement.