Test Needs – Testing And Analysis Terms And Conditions

1. Application of these Terms and Definitions

1.1 These terms apply to services provided by Test Needs – Trading by Plant Needs Pty Ltd (ABN 74130532375) (we or us) to the customer identified in the Quotation or Test Request (you).

1.2 By providing material for testing and/or analysis (Testing Material), you accept the Quotation and these terms (Contract Terms).

2. Entire Agreement

2.1 Clause 2.2 does not apply to a Consumer as defined in the Australian Consumer Law (ACL).

2.2 These are the only terms for the Services, unless agreed otherwise in writing.

2.3 These terms replace all previous discussions and arrangements regarding the Services.

2.4 We may amend these terms by notifying you through various methods, including:

(a) Providing you with printed amended terms;

(b) Referring to amendments in newsletters, Fee Lists, Quotations, or Test Requests; or

(c) Posting amended terms on our website (www.testneeds.com.au).

Continued use of our Services implies acceptance of the amended terms.

3. Warranties, Guarantees, and Liability

3.1 If you are a Consumer as defined by the ACL, our Services come with non-excludable guarantees under the ACL. For major failures, you are entitled to:

(a) Cancel your Service contract and get a refund for the unused portion or compensation for its reduced value.

(b) Compensation for any foreseeable loss or damage.

For non-major failures, you can have the issue fixed within a reasonable time or cancel the contract for a refund.

3.2 Consumer rights under the warranty are additional to other legal rights and remedies.

3.3 Except for guarantees in clause 3.1 and those that cannot be excluded by law, all other warranties are excluded.

3.4 To the extent permitted by law, we exclude all liability for any losses, including loss of profits, business revenue, expected savings, goodwill, reputation, intellectual property value, economic losses, or any indirect losses.

3.5 If found liable by a court, our liability is limited to the fee charged or claimed for the Services.

4. Prices and Payment

4.1 Prices for the Services are specified in the current Fees List or Quotation, subject to variations.

4.2 All quotations and payments are in Australian dollars unless agreed otherwise.

4.3 Payment is required prior to the test report after we issue an invoice, unless clause 4.4 applies.

4.4 If you have a credit account with us, payment is due within 30 days of the invoice date.

4.5 If you exceed our payment terms, we may refuse further Services until payment is made or alternative arrangements are agreed.

5. Taxes

Prices do not include GST or other taxes, which will be added to the Prices and are payable by you. Our invoice will constitute a “tax invoice” for GST purposes.

6. Testing Material

6.1 You must provide the quantities of Testing Material specified in the Quotation. You warrant ownership or full authorization to engage us for the Services.

6.2 You are responsible for delivering Testing Material to us at your cost.

6.3 Ensure Testing Material is properly representative. We are not responsible for accidental damage. Ensure Testing Material matches the Quotation description. If not, we may adjust the Prices to cover extra costs.

6.4 Testing Material may be altered, damaged, or destroyed during Services.

6.5 Unless agreed otherwise, we are not obliged to return the remaining Testing Material. We may store, experiment, destroy, or deal with it as we see fit.

6.6 We may refuse Services if Testing Material is delivered after the Quotation expiry date.

7. Completion Time

7.1 If a Completion Time is specified, we will use reasonable efforts to complete the Services within that time. Completion Time starts the business day after Testing Material is delivered.

7.2 We are not liable for delays in performing Services or producing reports.

7.3 If no completion time is specified, we will complete the Services within a reasonable time from receiving the Testing Material.

8. Hazardous Material

8.1 Notify us in writing of any safety or health hazards and special procedures for handling, testing, storage, transport, and disposal of Testing Material.

8.2 We may refuse to perform Services if we consider it poses a safety risk or undue burden.

8.3 Provide a complete description of any hazardous substances in submitted samples.

8.4 You warrant full disclosure of hazardous substances and will reimburse us for costs and damages from failure to disclose.

8.5 Costs include inability to process work, contamination, cleanup, audits, medical costs, and wages.

9. Urgent Analysis

9.1 If you request expedited Services, we will use reasonable efforts to comply if our capacity allows.

9.2 We may impose a surcharge on expedited Services, typically 50%, subject to change at our discretion.

10. Acknowledgements

10.1 You acknowledge that you rely on our conclusions and results at your own risk.

10.2 You acknowledge that no statement or representation not in these terms induced you to use our Services.

11. Use of Reports, Copyright, and Intellectual Property

11.1 You may reproduce our reports, but they must be complete and unaltered.

11.2 Any extract or interpretation of our reports must be approved by us in writing. Reports and our name may be used in advertising with prior written approval.

11.3 We retain copyright in all written material from the Services.

11.4 We retain intellectual property rights in any material created during the Services and may use it for any purpose.

12. Test Results

12.1 If you request a specific test without stating the purpose, we are not liable if another test would have been more suitable.

12.2 If you do not request a specific test, you must provide clear, accurate instructions about the quality or characteristic to test and the intended use.

12.3 We will use the most appropriate testing method but are not liable for losses due to misdescription, error, or omission.

12.4 Test results apply only to the samples tested. We do not warrant identical results for similar material or methods. Tests may involve subjective judgement.

12.5 The decision rule for conformity does not consider the measurement of uncertainty.

13. Claims

13.1 Claims must be made in writing within 21 days of completing the Services, specifying the details and including supporting material. You are responsible for your expenses in making a Claim.

13.2 “Claim” includes any action, suit, or demand against us, whether in tort, contract, or statute.

14. Indemnity

You must indemnify us and our officers, employees, contractors, and agents against any loss or liability arising from:

(a) Your breach of these terms.

(b) Our enforcement of these terms.

15. Termination

15.1 We may terminate or suspend Services immediately if:

(a) You breach these terms and fail to remedy the breach within 7 days.

(b) You cannot pay your debts.

(c) You become insolvent.

(d) A mortgagee takes possession of your assets.

15.2 If we terminate or suspend Services, we may invoice you for work in progress.

15.3 If you terminate or cancel Services, we may recover costs for work performed and a “loss of bargain” component.

16. Force Majeure

16.1 Services may be suspended due to circumstances beyond our control.

16.2 Such circumstances include strikes, shortages, accidents, and breakdowns.

16.3 We are not liable for suspensions due to force majeure.

17. Dispute Resolution

17.1 Parties must attempt to resolve disputes quickly. If unresolved within 20 business days, either party may refer to mediation.

17.2 Mediation must occur before court proceedings. Each party bears its own mediation costs.

17.3 We are discharged from all liability unless suit is brought within six months of completing the Services.

18. General

18.1 If any part of these terms is illegal or unenforceable, it will be interpreted to be legal or severed, and the remaining terms will continue in force.

18.2 If you are two or more persons, you are jointly and severally bound.

18.3 “Business day” refers to days excluding weekends and public holidays in Victoria, and “business hours” are 9.00 am to 4.30 pm on business days.

19. Governing Law

These terms are governed by the laws of Victoria, and both parties submit to the non-exclusive jurisdiction of its courts.

20. Sub-Contracting to External Laboratories

20.1 We may subcontract Services to an external laboratory with prior notice to you. These terms apply as if we performed all Services ourselves.

21. Waiver

21.1 Our failure to act on a breach does not waive our right to act on future breaches.

22. Litigation Involvement

22.1 You agree to reimburse us for all costs incurred responding to legal processes involving you and a third party.

22.2 You agree to pay for our time and costs at our current hourly rates, including attendance as a witness and producing documents.

23. Contact Details

Address: Unit 8/144, Hume Hwy, Somerton, Victoria, 3062

Telephone: +613 9115 8105

Email: info@testneeds.com.au