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Sales Terms & Conditions

Last updated: 28 October 2026

These Sales Terms and Conditions (the “Terms & Conditions”) apply to orders for products placed through the MGI Australia Pty Ltd online store. These Sales Terms do not govern your general use of the website, which is subject to our Website Terms and Conditions.

In these terms, “MGI”, “MGI Australia”, “we”, “us” and “our” mean MGI Australia Pty Ltd (ABN 24 648 202 331). “You” and “your” mean the person, entity or organisation placing the order, including where an individual is acting on behalf of an entity or organisation. “Product(s)” means any and all of the consumables, hardware, software, and other items sold by MGI Australia to you hereunder.

By placing an order, you agree to these Sales Terms and Conditions and our Privacy Policy.

If you are purchasing as a consumer or an eligible small business, nothing in these Terms & Conditions excludes, restricts or modifies your rights under the Competition and Consumer Act 2010 (Cth), including Schedule 2, the Australian Consumer Law (“ACL”), to the extent that those rights cannot lawfully be excluded, restricted or modified.

1. Products and intended use

(1) Products may include instruments, equipment, reagents, consumables, software, parts, accessories, documentation and related products.

(2) Product images, specifications, descriptions and availability are provided for general information. We may correct genuine errors in descriptions, specifications, prices or availability before accepting an order.

(3) Products identified as “RUO”, “Research Use Only” or “RS” are supplied solely for research purposes. Unless expressly stated otherwise in writing, they must not be used for human or veterinary diagnosis, treatment, prevention, monitoring or any other clinical or therapeutic purpose.

(4) You are responsible for ensuring that the Products are suitable for your intended use, including any intended research application, and for following all applicable product manuals, labels, safety information and instructions.

2. Orders and acceptance

(1) When you place an order, you are making an offer to purchase the selected Products. An order is not accepted until we confirm acceptance or dispatch the Products, whichever occurs first.

(2) We may accept or reject an order in whole or in part. We may refuse or cancel an order where:

  • a Product is unavailable or cannot be supplied within a reasonable time;
  • there is an obvious pricing, description or availability error;
  • we reasonably suspect fraud, unauthorised activity or misuse of a payment method;
  • we are unable to verify information provided by you;
  • we are unable to deliver to the nominated address;
  • required import, export, regulatory or other approvals are unavailable; or
  • accepting the order would cause us to breach an applicable law or regulatory requirement.

(3) If we cancel an order after payment has been received, we will refund the amount paid for the cancelled Products using the original payment method, unless another arrangement is agreed with you.

(4) You are responsible for checking that your order, contact details, billing details and delivery address are correct before submitting it.

(5) If you submit a purchase order or other purchasing document containing additional or inconsistent terms, those terms will not apply unless we expressly agree to them in writing. This clause does not limit any rights you may have under the ACL.

3. Prices, GST and other charges

(1) All prices are shown in Australian dollars unless stated otherwise. Prices include GST where applicable.

(2) If a Product is displayed at more than one price because of an obvious error, we may withdraw the Product from sale or contact you before accepting the order. If the Product has already been accepted and paid for, we will honour the accepted order or provide an appropriate remedy required by law.

(3) Delivery charges and any other applicable charges will be displayed before you complete your order.

(4) For business quotations, unless otherwise stated in writing, a quotation remains valid for 30 calendar days from the date it is issued. We may withdraw or amend a quotation before acceptance. A quotation is not an order acceptance unless we expressly state otherwise.

(5) For accepted orders that have not yet been dispatched, we may contact you if a material change in our costs, taxes, duties or regulatory requirements affects the price. You may cancel the affected order before dispatch if you do not agree to the revised price, in which case we will refund any amount paid for that order.

4. Payment

(1) Payment must be made using one of the payment methods available at checkout. You authorise us and our payment providers to process payment for your order.

(2) Unless otherwise agreed in writing, orders must be paid in full before dispatch.

(3) For approved business accounts, invoices are payable within the period stated on the invoice. If no period is stated, payment is due within 30 calendar days from the invoice date.

(4) You must make payments without set-off or deduction, except where required by law.

(5) We do not retain complete payment-card details unless this is expressly explained in our Privacy Policy or by the relevant payment provider.

(6) If an invoice is overdue, we may charge interest at the lesser of 1.5% per month or the maximum rate permitted by law, calculated daily and compounded monthly. We may also suspend further orders or deliveries after giving reasonable written notice, subject to any rights you have under the ACL.

5. Delivery and shipping

We ship Products to delivery addresses within Australia unless we agree otherwise in writing.

(1) Orders are generally processed during normal business hours, Monday to Friday, excluding Australian public holidays. Orders are generally dispatched after payment has been received and the order has been accepted.

(2) Shipping options, delivery costs and any available delivery estimates are displayed at checkout or in the order confirmation. Delivery times are estimates only.

(3) Once an order has been dispatched, we will provide confirmation and tracking information where tracking is available.

(4) Delivery may be delayed by circumstances outside our reasonable control, including courier delays, peak periods, severe weather, natural disasters, industrial action, transport disruption, remote-area delivery requirements, incorrect or incomplete delivery information, regulatory requirements or product availability. In this case, we will not be liable for any delays in the arrival of the Products.

(5) We may make partial deliveries where reasonably necessary. Each partial delivery may be invoiced separately for approved business accounts, but you may cancel the undelivered portion if we are unable to supply it within a reasonable time.

(6) You must provide reasonable access, instructions, documents, licences and authorisations needed for delivery. If delivery cannot occur because of information or arrangements for which you are responsible, we may charge reasonable additional costs actually incurred, including storage or redelivery costs.

(7) Subject to the ACL, risk in the Products passes to you when the Products are delivered to the delivery address nominated in your order. If you fail to accept delivery or provide required delivery information, risk may pass when delivery was attempted or when the Products were made available for delivery.

(8) Nothing in this section limits our responsibility for loss or damage caused by our failure to comply with the ACL.

6. Inspection and reporting delivery problems

(1) Please inspect the Products promptly after delivery and notify us as soon as reasonably possible if:

  • Products are missing or damaged;
  • you received Products different from those ordered;
  • the packaging or labelling identifies the contents incorrectly; or
  • you believe a Product may be faulty or unsafe.

(2) For business orders, please notify us of apparent shortages, transit damage or incorrect Products within five business days after delivery where practicable. This timeframe does not limit any rights you may have under the ACL, including rights relating to defects that could not reasonably have been identified within that period.

(3) We will ask for reasonable information, photographs, batch or serial numbers and proof of purchase so that we can investigate the issue. You must not return Products until we provide return instructions.

7. Returns, exchanges and change of mind

(1) Unless required by the ACL or otherwise agreed by us in writing, change-of-mind returns are not available for Products that have been opened, used, configured, damaged, supplied specifically to your requirements, or that cannot reasonably be resold because of their nature, including certain reagents and consumables.

(2) Where we approve a change-of-mind return, Products must generally be returned unused, in original condition and packaging, with all accessories and documentation. You are generally responsible for reasonable return shipping costs for an approved change-of-mind return.

(3) These conditions do not apply where a Product is faulty, unsafe, damaged before delivery, incorrectly described, does not match the order or otherwise fails to meet a consumer guarantee under the ACL.

8. Australian Consumer Law and product remedies

(1) In this section, “Consumer” has the meaning given in the ACL. Nothing in this section excludes, restricts or modifies any consumer guarantee under the ACL that cannot lawfully be excluded, restricted or modified.

(2) If you are a Consumer, our Products come with Consumer Guarantees that cannot be excluded. These Consumer Guarantees may include that Products are:

  • of acceptable quality;
  • fit for a purpose that you make known to us;
  • match their description; and
  • correspond with any sample or demonstration model.

(3) If a Product fails to meet a consumer guarantee, you may be entitled to a remedy, which may include a repair, replacement, refund, cancellation of the contract or compensation for reasonably foreseeable loss or damage, depending on the nature of the failure. If the failure is a major failure, you may generally choose between a refund, replacement or keeping the Product and receiving compensation for the reduction in value. If the failure is not major, we may choose to repair or replace the Product, or provide another remedy permitted by law.

(4) If you are a Consumer, and the Products are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then to the maximum extent permitted by section 64A of the ACL, our liability for failure to comply with a Consumer Guarantee (other than the guarantees in sections 51, 52 and 53 of the ACL) is limited, at our option, to one or more of the following:

  • replacement of the Products or supply of equivalent products;
  • repair of the Products;
  • payment of the cost of replacing the Products or of acquiring equivalent products; or
  • payment of the cost of having the Products repaired.

(5) We may ask for reasonable proof of purchase and information about the problem. We will assess the issue in accordance with the ACL and will not require you to pay a fee or accept a limitation that unlawfully restricts your rights.

(6) Nothing in these Terms & Conditions excludes, restricts or modifies your rights under the ACL.

9. Manufacturer warranties and additional warranties

(1) Some Products may be covered by an additional manufacturer or MGI warranty. Any such warranty will be described in the applicable Product documentation, quotation or warranty terms.

(2) Unless a different period is stated in writing, the standard warranty period for MGI instruments is 12 months from the installation date or 15 months from the shipment date, whichever occurs first. If an instrument is not installed within three months after delivery for reasons not caused by us, it will be treated as installed at the end of that three-month period for the purpose of calculating the warranty period. The foregoing warranty shall not apply if the instrument or any component thereof: (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, installation, storage, handling, or use contrary to our instructions or the terms of these Terms & Conditions; (b) has been repaired, altered, or disassembled by persons not authorised by you; (c) has not been installed, operated, repaired, or maintained in accordance with our documentation; (d) has failed due to a Force Majeure event; or (e) has been used with unauthorised third-party software, hardware, or consumables (including reagents), except those supplied or approved in writing by us.

(3) For consumables, any additional warranty generally applies for the stated shelf life, beginning when the Products are received, subject to the applicable storage, handling and usage requirements. The foregoing warranties shall not apply if any consumable (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by us or has been used in any manner inconsistent with the rights conferred upon you under these Terms & Conditions, (b) has been altered, disassembled or reassembled, (c) has not been operated and maintained in accordance with the documentation, (d) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (e) has been used with any third party good not provided under this or any other agreement with us.

(4) An additional warranty is separate from and does not replace or limit the consumer guarantees under the ACL.

(5) EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH IN THESE TERMS & CONDITIONS, MGI MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE PRODUCTS OR ANY SERVICES PROVIDED IN CONNECTION WITH THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.

(6) Notwithstanding anything herein to the contrary, MGI makes no warranty with respect to any third-party Products. Your sole remedy with respect to such third-party Products shall be pursuant to the original manufacturer’s or licensor’s warranty if any, to you, to the extent permitted by the original manufacturer or licensor. This does not limit any rights you may have under the ACL.

10. Installation and training

(1) Where installation is included in your order, you must provide reasonable access, suitable premises, utilities, equipment and assistance required for installation. You are responsible for third-party costs reasonably incurred in connection with installation where those costs are identified in advance or are reasonably necessary, including access, handling, electricity, lift, storage and personnel costs.

(2) After installation is completed, we may ask you to sign an installation completion record. You must not unreasonably withhold or delay confirmation of completion.

(3) Where included in the order, we will provide one initial training session at the designated facility for up to two nominated employees who have appropriate knowledge, skills and experience.

(4) Initial training is intended to demonstrate the operation and research workflow of the relevant Products. It does not constitute a guarantee of particular data yield, research results or performance outcomes. We are not responsible for ineffective training caused by failure to follow our instructions or by unsuitable facilities, samples, materials or personnel.

11. Intellectual property

(1) “Intellectual Property Rights” means all industrial and intellectual property rights in the Territory, PRC and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication of source or appellation of origin or other proprietary right, or right of registration of such rights.

(2) All Intellectual Property Rights associated with MGI, its affiliates or the Products (including but not limited to, company names, trade names, trademarks, patents, copyrights, domain name, know-how and trade secrets, service manuals, circuit diagrams, software, and all other technical data) remain the property of MGI, or remain the property of any subsidiary or other affiliates of MGI as the case may be. This Terms & Conditions will not be interpreted or construed as granting to you any Intellectual Property Rights in or to any patent, copyright, trademark or other Intellectual Property Rights with respect to the Product(s), or other Intellectual Property Rights of MGI.

(3) Subject to your payment and compliance with the Terms & Conditions, we grant you a limited, non-exclusive, non-transferable right to use any supplied software and documentation solely as necessary to operate and use the relevant Products for their intended purpose.

(4) You must not, except to the extent permitted by law:

  • reverse engineer, decompile, disassemble or reverse assemble a Product or software;
  • copy, modify, adapt or create derivative works from the software or documentation;
  • remove proprietary notices; or
  • use or provide the Products or software in a way that infringes MGI’s or another person’s intellectual property rights.

12. Confidentiality

(1) Non-public technical, commercial and business information disclosed by MGI, including all unpatented inventions, ideas, know-how, concepts, trade secrets, processes, techniques, software, products and all other unregistered or unpatented intellectual property, financial and business information and all other commercially valuable information which MGI regards as confidential to it or which is evident by its nature or the manner of its disclosure to be confidential and all copies, notes and records (excluding medical records) and all related information generated by you based on or arising out of any such disclosure (“Confidential Information”), must be kept confidential and used only for the purpose for which it was disclosed.

(2) You undertake that you will not, at any time after the date hereof, disclose, divulge, or cause, or permit, to be disclosed, or divulged to any person, in whole or in part, other than to your professional advisers, or when required by law, or to your respective officers or employees whose province it is to know the same, any Confidential Information which at any time comes into your possession or under your control during the course of performance of these Terms & Conditions.

(3) On request, you must return or securely destroy confidential information, subject to any legal or reasonable record-keeping requirement.

13. Compliance and restrictions on use

(1) You must comply with all laws, regulations, permits, licences, safety requirements and Product instructions applicable to your purchase, possession, transport, storage and use of the Products.

(2) You are responsible for obtaining any import, export, regulatory, biosecurity or other approvals required for your intended use or delivery location.

(3) You must not use, sell, transfer or make Products available in breach of applicable sanctions, export controls or laws concerning biological, chemical, nuclear or missile technology. You acknowledge and agree that the Products, or any related technology provided by MGI may be subjected to restrictions and controls imposed by the regulations of the country/region where SELLER locates. You agree not to export or re-export the Products, or any related technology into any country, state or jurisdiction.

(4) Unless we agree otherwise in writing, you must not resell, lease, transfer or relocate Products. Any relocation of instruments should be coordinated with MGI so that they can be safely decommissioned, transported and reinstalled. Relocation services are not included unless expressly stated in the order. We are not responsible for damage caused by relocation not carried out or approved by us.

14. Cancellation and termination for business accounts

(1) For approved business accounts, we may suspend or cancel an order if you materially breach these Terms & Conditions and fail to remedy the breach within a reasonable period after written notice.

(2) A breach of the provisions concerning intellectual property, confidentiality, legal compliance, export controls or restricted use may be treated as a material breach where permitted by law.

(3) Termination or cancellation does not affect rights or obligations that accrued before termination, or any provision intended to continue after termination.

(4) This section does not limit any cancellation, refund or other remedy available under the ACL.

15. Events outside our control

We are not responsible for delay or failure to perform caused by an event outside our reasonable control, including natural disasters, fire, accident, epidemic or pandemic restrictions, industrial action, factory shutdowns, transport disruption, shortages of labour, materials, energy or manufacturing capacity, government action, sanctions, embargoes, export or import restrictions or other supply-chain disruption.

We will take reasonable steps to notify you of a significant delay and, where practicable, provide an updated estimate. If we cannot supply an accepted order within a reasonable time, you may cancel the affected undelivered portion and receive a refund of amounts paid for that portion.

16. Liability

(1) Nothing in these Terms & Conditions excludes, restricts or modifies liability or rights that cannot lawfully be excluded, restricted or modified, including rights and remedies under the ACL.

(2) To the maximum extent permitted by law, and subject to the preceding paragraph, our liability for a Product supplied to a business customer is limited, at our option, to repairing or replacing the Product, supplying an equivalent Product, or paying the cost of having the Product repaired or replaced. This limitation does not apply to consumers acquiring goods for personal, domestic or household use.

(3) To the maximum extent permitted by law, and subject to paragraphs 1, 2 and 4, MGI is not liable to you or any third party for: (a) costs of procurement of substitute products or services; (b) loss of profit, revenue, data, business, business opportunity, goodwill, anticipated savings or research outcomes; or (c) any indirect, special, incidental, exemplary, consequential or punitive damages of any kind, arising out of or in connection with these Terms & Conditions or the use of a Product, however caused and on any theory of liability (whether in contract, tort (including negligence), strict liability or otherwise), except to the extent caused by MGI’s breach of a non-excludable legal obligation, negligence or wilful misconduct.

(4) These limitations do not apply to liability for death or personal injury caused by negligence, fraud, wilful misconduct or any other liability that cannot lawfully be limited.

(5) To the maximum extent permitted by law, and subject to paragraphs 1, 2 and 4, MGI’s total and cumulative liability arising under or in connection with these Terms & Conditions (whether in contract, tort (including negligence), strict liability or otherwise) shall in no event exceed the amount received by MGI from you under these Terms & Conditions. This limitation applies even if MGI or its suppliers have been advised of the possibility of such loss or damage, and notwithstanding any failure of the essential purpose of any limited remedy. This paragraph 5 does not apply to the extent it would limit any non-excludable right or remedy of a consumer under the ACL.

17. Indemnity

Any claim, lawsuit, or proceeding against us arising from your breach of these Terms & Conditions (“claim”) shall be borne by you, and you shall defend, indemnify, and hold harmless us and our affiliates and their officers, directors, employees and agents for all the losses, damages, costs and expenses (including but not limited to legal and professional fees) arising out of or in connection with such claim.

18. Privacy

We collect, use, disclose and store personal information in accordance with our Privacy Policy. By placing an order, you acknowledge that we may use information necessary to process payment, fulfil orders, provide delivery services, manage returns, provide support, prevent fraud and comply with legal obligations.

19. Reservation of Rights

MGI reserves all rights not expressly granted in these Terms & Conditions, whether by implication, estoppel or otherwise, except as expressly set forth herein.

20. Governing law and disputes

These Terms & Conditions are governed by the laws of Queensland, Australia.

Before commencing formal proceedings, the parties should try in good faith to resolve any dispute by contacting the other party and providing reasonable details of the issue. Nothing in this clause prevents you from contacting a regulator, exercising rights under the ACL or seeking urgent legal relief.

Any court proceedings must be brought in the courts of Queensland, Australia, subject to any applicable law that provides otherwise.

21. General

(1) These Terms & Conditions, together with the order, any applicable quotation, the Shipping & Returns Policy, the Privacy Policy and any expressly incorporated Product or warranty terms, form the agreement between you and MGI Australia concerning the order.

(2) If there is an inconsistency, the following order of priority applies: mandatory law, any express written agreement signed by MGI Australia, the accepted order or quotation, these Sales Terms and Conditions, and then any other website information.

(3) If any provision is invalid or unenforceable, it will be read down to the extent necessary or severed, and the remaining provisions will continue to apply.

(4) You must not assign or transfer an order or your rights under these Terms & Conditions without our prior written consent, except where prohibited by law. We may assign or transfer our rights and obligations to a related body corporate or a purchaser of the relevant business, provided this does not reduce your rights under the ACL.

(5) No failure or delay by either party in enforcing a right operates as a waiver of that right.

(6) Nothing in these Terms & Conditions creates a partnership, joint venture, agency or employment relationship between you and MGI Australia.

(7) Changes will apply from the date they are published, unless a different date is stated. The terms applying to an order are the terms in force when the order is placed.

22. Contact us

If you have questions about these Sales Terms and Conditions, your order, our Products or our services, please contact us using the details below.

MGI Australia Pty Ltd
ABN 24 648 202 331
MGI Australia, QIMR
L6, CBCRC Building
300 Herston Rd
Herston QLD 4006
Australia

Phone: (07) 3362 0475
Email: mgi_australia@mgi-tech.com

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