Use of the Ramaciotti Centre for Genomics (RCG) services and consumables are governed by the following conditions:
Definitions: In these terms:
(a) Institution means University, Company, Hospital, Government or other Entity.
(a) Data means the data or other results generated by RCG from the analysis of the Samples.
(b) Quote means the document RCG provided to the Institution setting out the details of the Services and the pricing.
(c) Samples means the samples provided by the Institution to RCG the be analysed as part of the Services;
(d) Services means analysis and related services to be provided by RCG as indicated in the Submission Form and which is further described on the RCG website.
(e) Submission Form means the document you completed and submitted setting out the services required, sample details and other relevant information about you and your Institution.
1. Services: RCG agrees to perform the Services for the Institution with due care and skill. If the Quote or any other document provided to the Institution in connection with the Services indicates a turnaround time for a Service, those turnaround times are on a ‘reasonable endeavours’ basis and not a binding commitment.
2. Samples, Protocols and Consumables:
(a) The Institution must supply within 4 weeks of signing of any contract or agreement, or provision of a purchase order requesting Services, the quantity and/or the quality of starting material required for the Services as per the Quote. If the Institution fails to supply the required starting material within 4 weeks any contract, agreement, or purchase order will be invalid. A new Quote will be required in order to proceed.
(b) The Institution must ensure that it provides to RCG the quantity and quality of starting material required for each Service as detailed on the RCG Quote. If a Sample fails initial quality control the customer can resubmit replacement Samples or withdraw their submission. If the customer chooses to resubmit their Samples they must do so within the 4 week period as per clause 2(a). Sample submission after the 4 week period has elapsed will be considered as a new submission and require a new Quote.
(c) If Samples do not comply with RCG Sample submission guidelines. The Institution will either:
i) Resubmit samples within 4 weeks as per clause 2(a). If Samples are provided in plates the entire plate must be resubmitted. RCG will not cherry pick Samples.
ii) Arrange for Samples to be returned and resubmit within 4 weeks as per clause 2(a). The Institution will arrange courier collection and liaise with the RCG on the scheduling of this collection. The RCG is not responsible for any courier fees incurred for sample return.
iii) Withdraw their submission. The institution must pay RCG the costs of any consumables or other materials that have been ordered by RCG on their behalf in order to perform the Services outlined in the quote.
(d) Resubmitted Samples must be labelled with a new unique LIMS ID. Samples will not be accepted or processed if they are labelled with a previous submissions project ID.
(e) The Institution acknowledges and agrees that RCG is not responsible for the Data output from assays which deviate from recommended protocols if those deviations are requested by the Institution.
(f) The RCG does not guarantee run performance and/or output for user-prepared libraries. User-prepared libraries will be sequenced at a concentration either recommend by Illumina/PacBio or based on previous experience with similar libraries. Customers are responsible for ensuring that libraries contain the correct flow cell/SMRT cell adaptor sequence and compatible indexes.
(g) The RCG does not guarantee the performance and/or output for user-prepared labelled material for array hybridisation. Customers are responsible for ensuring that submitted material is of the correct nature, at the correct concentration, and sufficient amount for any hybridisation procedure.
(h) The RCG owns all intermediate and end products derived during the processing of Samples including libraries.
(I) The Institution acknowledges and agrees that RCG may discard all Samples submitted by the Institution for analysis if the Institution does not retrieve them or arrange for delivery before the storage period notified to the Institution by RCG expires. For the Sanger sequencing service Samples will be stored for 7 days after sequencing and data delivery. All other Samples and products generated from Samples will be stored by RCG for 30 days after project completion and data delivery.
(j) Any consumables sold or provided by the RCG to the Institution:
(i) must not be transferred to a third party without the prior written consent of the RCG;
(ii) may have hazardous properties and the Institution must use the consumables with appropriate caution and safeguards since not all of their characteristics are known; and
(iii) are sold or provided at the Institution’s own risk. RCG is not responsible for any loss, damage or expense (however caused) arising from the use, handling, storage or disposal of the consumables and/or Data, except to the extent caused by the negligence or willful misconduct of the RCG.
3. Research Only Restriction: The Institution represents and warrants that the Samples are submitted for the Services, and the use of the Data, is for research purposes only. The Institution must not use Data as part of any clinical or diagnostic testing or other non-research related purpose.
4. Other Undertakings: The Institution represents and warrants:
(a) that it has all the necessary ethics and other approvals required to engage RCG to undertake the Services using the Samples and to use the Data. The RCG only accepts Office of Gene Technology Regulator (OGTR) exempt genetically modified organisims (GMOs).
(b) the research project to which the Samples relate is being conducted in accordance with the generally accepted standards for the conduct of that research;
(c) the Samples are either de-identified and do not contain any personal information or, if they do, the Institution has obtained all the necessary privacy consents and approvals for the Samples to be provided to RCG for the purposes of the Services;
(d) that the Services are being provided for the benefit of the Institution and the Data will only be used the purposes of the Institution’s research project. Unless RCG has provided its prior written consent, the Services must not be obtained by the Institution for the benefit of another person and the Data must not be sold or otherwise provide to a third party.
5. Data Retention: The Institution will be responsible for archiving and safely storing its Data. RCG will only store Data for three months after the handover of project Data to the Institution. Illumina NGS sequencing Data distributed via BaseSpace will, upon acceptance of ownership, immediately become the responsibility of the Institution. On transfer of ownership to the Institution within BaseSpace, the Centre will no longer have access to the Data via BaseSpace. If the Institution requires Data to be recovered from RCG storage a Data recovery fee will apply after the three month period has elapsed. The RCG will retain all project metadata i.e. protocol information, kit lot numbers etc. for a period of 2 years.
User agreement: https://basespace.illumina.com/agreements/current/details?category=USER
7. Fees and Other Expenses:
(a) The Institution must pay RCG, the fees and other expenses specified in the Quote. The Institution must pay those fees and expenses within 30 days of receiving a tax invoice from RCG.
(b) Unless specified otherwise, all monetary amounts expressed in this agreement are exclusive of GST. Any amount of GST payable for a supply will be payable at the same time as the payment for the supply to which it relates.
(c) If the Institution fails to supply, within 6 weeks, the quantity and/or the quality of starting material required for the Services as per the Quote, the Institution must pay RCG the costs of any consumables or other materials that have been ordered by RCG on the Institution’s behalf in order to perform the Services.
(d) If the Institution fails to supply, within 6 weeks, the quantity and/or the quality of starting material required for the Services as per the quote, any contract, agreement purchase order or agreement will be invalid.
(d) If Samples fail quality control checks the Institution agrees to pay a fee for all Samples that fail these checks. Fees range from $15-$115 per Sample depending on service type. Please contact the Centre for clarification.
(e) RCG is not responsible for any sample shipping or Australian Customs importation fees.
(f) RCG is not responsible for any overseas government taxes that may be incurred by the Institution.
8. Acknowledgement and Publications: You and your Institution agree to acknowledge the Ramaciotti Centre for Genomics, UNSW Australia as a service provider in any publication, grant application or presentation which relates to the Institution’s research project.
(a) Nothing in this Agreement is to be read as excluding, restricting or modifying any liability RCG may have under the application of any legislation where that liability cannot by law be excluded, restricted or modified.
(b) To the extent permitted by law, the liability of RCG for any claim arising directly or indirectly from a breach of any non-excludable term or condition implied by statute is limited, at the option of RCG, to one or more of the following: the supplying of the Services again; or the payment of the cost of having the Services supplied again.
(c) To the extent permitted by law, the Services are provided on an ‘as is’ basis and RCG excludes all warranties, express or implied, of merchantability, fitness for a particular purpose or non-infringement.
(i) limits its liability to the Institution for loss or damage of any kind whether arising in tort (including negligence), contract, statute, law, equity or under an indemnity, to the fees paid by the Institution under this agreement; and
(ii) excludes any liability for consequential or indirect loss or damage, loss of profits, loss of Data (except to the extent that RCG is required and it is possible to repeat the conduct of an analysis if Data has been lost or damaged due to the negligence of RCG) or loss of business opportunity arising in connection with this agreement and the Services.
10. Indemnity: The Institution indemnifies RCG and its personnel for any loss, damage, cost, claims or expense suffered or incurred and arising out of or in connection with:
(a) a breach of this agreement by the Institution;
(b) a negligent or unlawful act or omission of the Institution or its personnel; and
(c) the use, handling, storage or disposal of any consumables and/or Data by the Institution.
(d) loss of samples due to inappropriate shipping conditions, shipping method, Australian Customs delays, incorrect delivery address or delivery outside the specified hours or on a public or university holidays.
(a) The Institution acknowledges that RCG may engage third parties to undertake parts of the Services including using the sequencing platforms owned by a third party and that RCG may be transferring the Samples to those third parties in order to provide the Services.
(b) This Agreement may only be varied in writing and signed by both parties.
(c) This Agreement is governed by the laws of New South Wales (NSW) Australia.
(d) The Institution must not assign its rights under this Agreement to any person without RCG’s prior written consent.
Any other defined term has the meaning given to it in the Submission Form.