Terms of Service

These Terms of Service (“Terms”) govern your use of the Elastomeric Lab website and any services, products, testing, technical advice, formulation, manufacturing or other work we provide. By using this website, accepting a quote, placing an order or instructing us to begin work, you agree to these Terms.

If we enter into a separate signed agreement with you, that agreement will prevail to the extent of any inconsistency with these Terms.

We provide elastomeric and polyurethane-related services, including research and development, formulation, prototyping, testing, technical consultation, application trials, asset-life programs, small-batch and production manufacturing, and the supply of products and materials. The exact scope, deliverables and specifications for each engagement will be set out in our quote, proposal, order confirmation or other written correspondence.

Unless stated otherwise, a quote is valid for 30 days and is an invitation to place an order, not a binding offer. An order is accepted when we confirm it in writing or begin the work.

Any request that changes the agreed scope, specifications, quantity, materials, delivery requirements or timing may require a revised quote and may affect price and delivery dates. We will seek your approval before undertaking material additional work.

You must provide us with:

• complete and accurate application requirements;
• relevant operating conditions, loads, temperatures, chemical exposure, substrates and performance expectations;
• safe and timely access to sites, equipment and personnel;
• any drawings, samples, data, approvals and decisions reasonably required for the work; and
• notice of any hazard, regulatory requirement or unusual use that may affect the work or resulting product.

We may rely on information and materials you provide. We are not responsible for delays, defects or unsuitable outcomes caused by incomplete, inaccurate or late information, or by conditions outside the agreed design basis.

Test results, samples, prototypes, calculations and recommendations relate to the conditions, information and materials assessed at the time. Laboratory or trial results may not exactly reproduce every field or production condition.

Unless we expressly agree otherwise in writing, technical information is provided for the specified application only. You are responsible for confirming that a final product or solution is suitable for your intended use, process, equipment and legal or regulatory obligations.

Prices are in Australian dollars and exclude GST unless stated otherwise. GST and any applicable delivery, freight, duties, travel, site costs or third-party charges will be added where applicable.

Payment is due in accordance with the terms shown on our quote or invoice. If no payment terms are specified, payment is due within 14 days of the invoice date. We may require a deposit, progress payment or payment before delivery. Overdue amounts may attract reasonable recovery costs and interest to the extent permitted by law.

Delivery and completion dates are estimates unless expressly agreed as fixed in writing. We will use reasonable efforts to meet agreed timeframes but are not liable for delays outside our reasonable control.

Risk in physical goods passes to you on delivery or collection. Title to goods remains with Elastomeric Lab until all amounts owing for those goods have been paid in full, to the extent permitted by law. You must inspect deliveries promptly and notify us of any visible damage, shortage or discrepancy within five business days.

Each party retains ownership of intellectual property it owned or developed independently before the engagement. Unless otherwise agreed in writing, Elastomeric Lab retains ownership of its underlying know-how, methods, formulations, processes, test methods, templates, tools and improvements.

Once all applicable invoices are paid, you may use the project deliverables supplied to you for the agreed purpose. Any transfer, assignment, exclusivity or broader licence for newly developed intellectual property must be expressly agreed in writing.

Each party must take reasonable steps to protect confidential information received from the other and use it only for the engagement. This obligation does not apply to information that is public through no breach, was already lawfully known, is independently developed, or must be disclosed by law. A separate confidentiality agreement will prevail if one applies.

We warrant that our services will be performed with due care and skill and that products manufactured by us will materially conform to agreed written specifications at the time of delivery.

Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded.

To the extent permitted by law, all other implied warranties are excluded. We do not warrant an outcome where performance depends on client-provided information, third-party materials, site preparation, installation, maintenance, misuse, unauthorised modification or operating conditions outside the agreed specification.

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, including loss of profit, revenue, production, opportunity or anticipated savings.

Where liability can lawfully be limited, Elastomeric Lab’s aggregate liability arising from an engagement is limited, at our option, to re-supplying the affected services or goods, rectifying the issue, or refunding the amount paid for the affected services or goods. This limitation does not apply where it would be unlawful or to liability arising from fraud, wilful misconduct or personal injury caused by negligence.

You may request cancellation in writing. You remain responsible for work completed, committed materials, non-cancellable third-party costs and reasonable wind-down costs up to the cancellation date. Custom-manufactured or specially ordered goods may not be cancellable once production or procurement has begun.

Either party may terminate an engagement if the other materially breaches its obligations and does not remedy that breach within a reasonable period after written notice. We may suspend work or delivery while an undisputed payment is overdue.

Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, fire, epidemic, industrial action, transport disruption, utility failure, government action, supply-chain interruption or shortage of critical materials. The affected party must notify the other and take reasonable steps to minimise the impact.

Website content is general information and is not a substitute for application-specific engineering advice. You must not misuse the website, attempt unauthorised access, introduce malicious code, interfere with its operation, or copy its content except as permitted by law.

We may update, suspend or withdraw website content without notice. Links to third-party websites are provided for convenience and do not constitute endorsement or control of those websites.

If a dispute arises, each party must first try to resolve it in good faith through discussion between authorised representatives. If it is not resolved within 20 business days, either party may propose mediation before commencing court proceedings, except where urgent relief is required.

These Terms are governed by the laws of Victoria, Australia. Each party submits to the courts of Victoria and the Commonwealth of Australia having jurisdiction in Victoria.

If any provision of these Terms is invalid or unenforceable, the remaining provisions continue in effect. A failure to enforce a right is not a waiver. You may not assign an engagement without our written consent. We may update these website Terms from time to time; the updated version applies from the date shown above, while accepted quotes and existing signed agreements remain governed by the terms applicable to them.