Terms and Conditions to Perform Work

  1. The Client is responsible to prevent improper use or inadequate security of personal details of LMATS staff including where proof of identity documents have been requested. The Client shall comply with the Privacy Act 1988 and shall follow the Australian Government Guide to Securing Personal Information.
  2. LMATS  may provide a credit limit of $5000 maximum. LMATS Branch Manager or the Financial Controller may at thier sole discretion change the credit limit, based on client's need or past payment history.  
  3. LMATS may call for trade references to evaluate the credit history of the client and in the event of such references not being satisfactory, or not being supplied as requested; the Company may withhold delivery and terminate the contract forthwith.
  4. Client shall provide site electrical power, water, air and height access facilities unless otherwise agreed.
  5. As per ISO/IEC 17025:2017 (E) Clause 7.1.3, LMATS applies uncertainty of measurement when providing statements of conformity to a specification. Note that this may result in a “did not comply” result if the acceptance critiera is within the range of the  uncertainty of measurement of the test result. 
  6. Where a percentage or portion of the item or items are to be tested or inspected, the Client is responsible for the required percentage and sampling including the selection of the test areas. If the Client nominates a percentage but does not nominate specific parts or test areas, LMATS may select parts or test areas at random. The Client is responsible for sampling including the selection of the test areas. Defects may remain undetected in areas that are not tested.
  7. The Client shall nominate the test specification (acceptance criteria) for each test or inspection. In the absence of an acceptance criteria, LMATS may not be able to provide a compliance statement (e.g. pass or fail).
  8. Client shall provide safe and uninhibited access to the test and inspection areas. This includes surface preparation, cleaning, removal of hazardous materials, draining, shutting down, and isolation where required.
  9. All prices provided by LMATS are excluding GST, induction costs and any site specific allowances, unless otherwise stated.
  10. Work will not commence until a written purchase order indicating LMATS fee proposal number is supplied by the client.
  11. For testing at LMATS laboratory, all test items shall be safely delivered to LMATS laboratory by the Client with adequate packaging.
  12. Witnessing of LMATS laboratory testing by the client will incur additional 10% surcharge on the total invoice amount.
  13. Preparation of client specific procedures or client documents will incur additional fees at applicable hourly rates.
  14. Site inspection and testing will be limited to the areas or components which are safe and accessible during the time that LMATS has allowed for the work. Restrictions due to access, material, geometry or other conditions may result in a deviation from the intended process standard or method. Additional restrictions may be noted on the test report.
  15. When test methods are used to detect defects, the probability of detection (POD) varies. POD for any technique is always less than 100%. As a result, some defects may not be detected during the inspection process. Similarly, all inspection and test methods are subject to a degree of error known as uncertainty of measurement. Inspection and test result accuracy cannot be guaranteed particularly outside the POD and uncertainty of measurement. LMATS can provide further information on request, including methods of increasing POD and accuracy (for example using advanced methods, multiple complementary techniques, increasing sampling).
  16. LMATS Fee Proposals are based on normal business hours (weekdays 7.30 am to 4.00pm). Any work or travel performed outside the normal business hours (between 4.00pm and 9.30pm) will be charged at an additional overtime rate.
  17. Meal allowance of $18 per person will be charged after 2 hours of overtime work.
  18. Minimum Rest period as per Australian Metals Award - Rest period will be charged nominal hourly rate per person for the additional hours engaged after 14 hour day or intermittent afternoon or night shift, required to make up for a minimum 10 hour break.
  19. All illustrations, drawings & specifications supplied with quotations are approximate only.
  20. Any quoted job completion time is estimate only and LMATS will not be liable for failure to deliver or delay in delivery for any reason.
  21. All standby, site induction, permits, job waiting, site delays, repair tests/retests will incur the applicable hourly rates.
  22. Any off-site inductions, client consultation such as meetings or discussions, or other activities not specifically noted in this proposal will incur the applicable hourly rate per person.
  23. If non-standard PPE (personal protective equipment) is required, the cost will be borne by the Client.
  24. Any costs in relation to client-specified medical tests will be borne by the Client at the standard hourly rates (e.g. time spent at the clinic, medical appointment booking time, travel time, etc) plus expenses.
  25. LMATS will, to the best of its ability, plan for the works to be completed in suitable weather conditions. However, if inclement weather during the works prevents the safe performance of outdoor works then a variation may be required to complete the works.
  26. All test areas shall be clearly identified by the client and properly arranged to facilitate safe and simple access. In the absence of this arrangement, applicable hourly rates will be charged for any additional time required plus any expenses.
  27. Additional machining/handling fees at the applicable hourly rates will be incurred when handling large, bulky or awkward samples, or when cutting hard, bulky or awkward components, or when a forklift is required.
  28. Living away from home expenses is applicable whenever the personnel cannot return home on the same night.
  29. If parking fees are applicable for site works these will be an additional cost borne by the Client.
  30. If there is a change to the required scope of work, including test method standard or specification, additional fees may apply or LMATS may revise its fee proposal.

    1. If invoices are not paid within 30 days from the job completion date, a penalty interest of 10% will be charged to the client as per Section 2 of the Penalty Interest Act 1983.
    2. Progress payment invoices may be issued at the end of each month. If partially completed work is cancelled by the client, LMATS will also invoice the partially completed work and will be entitled for payment.
    3. Invoices and invoice reminders will be delivered by email only from .
    4. Payment is accepted by EFT, or by cheque with a cheque handling fee of $150 per cheque.
    5. LMATS uses automatic debt collection software. If an invoice is not paid within the agreed credit period, automatic debt recovery emails will be issued. This includes notification and uploading debt to debt collection and credit reporting agencies (e.g. Dun & Bradstreet). The Client will pay any outstanding debt collector fees (incurred on any previous invoices) before commencing a new job.
  32. In relation to any Construction Industry work (by definition), LMATS invoices are subject to The Building and Construction Industry Security of Payment Act 2002.
  33. The client may provide a written request prior to completion of testing for items to be returned to the Client and associated costs will be borne by the Client ( LMATS will not take any liability for the damage or deterioration or loss in transit. The client shall insure their samples or goods in transit). Otherwise, LMATS at its discretion may dispose test items after 6 weeks from the report issue date, or retain and display any test samples, specimens or items for training, education and marketing purposes.
  34. Secondments are arrangements where an LMATS technician does not report to LMATS management on a daily basis and instead reports directly to the Client. In these cases, by accepting this proposal, the Client accepts responsibility as follows.
    1. Client to ensure the work has been completed as per the agreed scope.
    2. Client to verify the start and finish times of the technician, and ensure the technician has worked the agreed hours.
    3. The Client has 28 days to dispute any invoice, after this it will be taken that the client has accepted the invoice and agrees that the work has been completed as per the agreed scope of work
  35. International work incurs the following fees:
    1. Mobilisation expenses for personnel, equipment or goods, and associated expenses at cost + 15%.
    2. International customs fees, carnets, freight, visas, bank and currency conversion fees at cost + 15%.
    3. Any applicable fees or deposits for customs, carnets, deposits or duties for international importation or exportation of equipment shall be covered and reimbursed by the client, including interest at 10% per annum (calculated monthly) until the deposits or fees are returned to LMATS Pty Ltd. Customs deposits may be 50% or more of the equipment value.
    4. Administration time for organising international work or transport shall be charged at the rate of $110+GST/hour/person or as otherwise agreed. This includes any time spent prior, during or following the work in organising carnets, customs deposits, freight, mobilisation, personnel, equipment, visas, availabilities, goods or consumables.
  36. Any costs and fees specific to a one-off client project for third party qualification, supplier approval, contract review or online induction or such as CCS, ISNetworld, Avetta, PEC Safety, BROWZ, Ariba, Pegasus, etc shall be incurred to the client.
  37. The Client agrees that, during the term of this proposal, the works performed by LMATS , and for two years following the completion of LMATS ' works, the Client shall not solicit any LMATS ’ employees or LMATS ' independent contractors or divulge any LMATS ’ employee's or independent contractor's contact details to any other party, or induce any LMATS ’ employee or LMATS ' independent contractor to terminate or breach an employment, contractual or other relationship with LMATS , otherwise a 30% fee of the annual salary, contract value or equivalent payment terms to the employee or contractor will be payable to LMATS for a period of two years following the breach of this term.
  38. If LMATS ' invoices are not paid in full within the agreed credit terms, LMATS may at its discretion withdraw or recall LMATS ' reports. If this occurs, LMATS may publish the details of the recall in the public domain and inform the principle or end client that the reports have been recalled. Any liability which LMATS may have in connection with the services, whether under the law of contract, tort (including negligence), statute or otherwise, shall be deemed to have been discharged upon recall of the reports notwithstanding any other contract term and the Client is thereafter barred from commencing any action or making any claims against LMATS in connection with the Services. LMATS may also withhold test results if previous invoices are not paid as per the agreed terms.
  39. For work cancelled within 24 hour notice (weekdays / normal business hours only) or within 48hrs (weekends / out of office hours), a cancellation fee shall apply. The cancellation fee shall be the standard hourly rate for the crew multiplied by 4 hours, or multiplied by the hours spent if more than 4 hours has been spent, plus any expenses incurred.
  40. To the extent permissible by law, LMATS will only be liable to the Client whether under contract, in tort, under statute or otherwise for any loss, damage or injury to the extent and in proportion to which such loss, damage or injury is caused by the fault of LMATS . To the extent permitted by law, LMATS ' liability to the Client arising out of or in connection with the Agreement or arising out of or in connection with the performance or nonperformance of this agreement, whether under the law of contract, in tort (including but not limited to negligence), under statute or otherwise in law or equity is limited in the aggregate to LMATS service fee. Any liability which LMATS may have in connection with the Services, whether under the law of contract, tort (including negligence), statute or otherwise, shall be deemed to have been discharged at the expiration of 1 year from the completion of the Services and the Client is thereafter barred from commencing any action or making any claims against LMATS in connection with the Services, unless legal proceedings are issued and the associated formal documentation served upon LMATS within that period.
  41. LMATS shall have no liability to the Client for or in any indirect, economic, special or consequential loss or damage including without limitation; loss of actual or anticipated profit or revenue, business interruption or shutdown, loss of production, delay costs in connection with the Service.
  42. All information provided by one party to the other party is confidential and must not be disclosed by the recipient to a third party unless:
    1. Disclosure is required by law; or
    2. Disclosure is authorized by the provider of the information on such terms as may be specified.
  43. If the Client instructs LMATS to start this work, or LMATS have already started the work and the Client requires us to continue it, then the Client will have accepted these terms of engagement. Whatever the mode of acceptance, it will have the effect from the time the Client first instructed LMATS .
  44. LMATS reserves the right:
    1. to charge the client for any damage of LMATS ’ test equipment caused by the client’s items during testing; and
    2. to subcontract the work and/or supply of any part of the work to other parties.
  45. LMATS or its professional indemnity insurance provider do not indemnify the contents within a report or the conformity of a tested product unless the invoice for the reported work is paid in full within the agreed credit terms.