Terms and Conditions to Perform Work

Standard Terms and Conditions of Supply

1. If services are provided on-site:
   1. The client shall provide a safe and healthy work environment which is compliant to Australian Work Health and Safety laws including the Work Health and Safety Act 2011, the Work Health and Safety Regulations 2011, relevant Codes of Practice. The client shall provide safe systems of work, equipment, and training as needed.
   2. The client shall consult with workers and LMATS representatives on work health and safety matters.
   3. The client shall provide uninhibited and simple access to the required test and inspection areas. This includes surface preparation, cleaning, removal of hazardous materials, draining, shutting down, isolation where required, and clear identification of test areas.
   4. The client shall comply with national standards, state-specific and industry-specific safety laws applicable to their sector, including requirements set by the relevant state safety regulators.
   5. Client shall provide site electrical power, water, air and height access facilities unless otherwise agreed.
   6. The client shall not direct LMATS employees to undertake tasks, operate plant or machinery, access areas, or do anything other than those in the original agreed scope of works unless written agreement is provided by LMATS management. 
2. If services are performed at LMATS facility:
   1. All test items shall be safely packaged and delivered to LMATS by the client. Test items that require specialised equipment (e.g. hoisting) may incur additional fees.
   2. Prior to completion of testing, the client may request in writing for items to be returned to the Client and associated costs and liability will be borne by the Client. Otherwise, LMATS at its discretion may dispose test items after 6 weeks from the report issue, or retain and use test items for training, education and marketing purposes.
3. The Client shall nominate the test specification (acceptance criteria) for each test. The Client shall also nominate the sampling requirements (percentage or portion of the items to be tested). If the Client nominates a sampling percentage but not specific parts or areas, LMATS may select parts or areas at random. Defects may remain undetected in areas that are not tested.
4. The Client is responsible for security of personal details of LMATS staff including any proof of identity documents. The Client shall comply with the Privacy Act 1988 and shall follow the Australian Government Guide to Securing Personal Information.
5. The Client confirms that the principal and inspecting authority accept the personnel qualifications for this project as required, which could consist of certification under ISO 9712, AINDT, BINDT (PCN), TWI (CSWIP), ASNT, SNT-TC-1A or similar.
6. General Conditions
   1. This proposal expires at the validity end date shown on page 1 of the proposal, or from 30 days of the proposal date if no end date is provided.
   2. All illustrations, drawings & specifications supplied with quotations are approximate only.
   3. Any indicated job completion times are estimations only and LMATS is not liable failure or delay in delivery.
7. Fees & Variations
   1. All fees and prices provided by LMATS are in AUD excluding GST, unless otherwise stated.
   2. Fees are subject to increase each year from 1 July onwards.
   3. If there is a change to the required scope of work, including test method standard or specification, or if there are unforeseen issues including weather, additional fees may apply or LMATS may revise its fee proposal.
8. Work commencement:
   1. If there is no written agreement to these terms by the Client, the Client will be taken to have accepted these terms of engagement on commencement of the work. Whatever the mode of acceptance, it will have the effect from the time the Client first instructed LMATS .
   2. LMATS may withhold services until the client supplies a written purchase order with reference to the LMATS fee proposal number.
9. Nationwide Allowances and Surcharges - The following apply where relevant.
   1. Site mobilisation / Demobilisation: $180/person within 50km from LMATS ; per person outside 50km from LMATS
   2. Overtime: $75/hour on normal workdays; $125/hour after 9:30pm, before 7:30am, or on a weekend or public holiday.
   3. Conventional (1-page) NDT test reports: fee per report.
   4. Meal allowance: $18 per person applicable after 2 hours overtime.
   5. Minimum invoice: $465 for laboratory testing and $700/person for site works.
   6. Consumable charges: MT/PT $20/aerosol or litre; Radiography films $10/short, $18/long, $30/meter.
   7. Living away from home expenses: $400 per person, per night (whenever the personnel cannot return home on the same night).
   8. Project-related, client-related and non-noted expenses: at cost + 15%. This includes travel (parking, flights, accommodation, car hire, etc), freight, medical tests, consumables, site-specific equipment or PPE, international fees (customs deposit, interest, carnets, currency conversion, bank fees), third party qualification or supplier portals (CCS, ISNetworld, Avetta, PEC Safety, BROWZ, Ariba, Pegasus).
   9. LMATS standard hourly rate $165/hour (unless otherwise stated) applies for standby, inductions (on-site or off-site), permits, job waiting, site delays, repair tests/retests, administration, medical tests, communication (meetings, discussions and correspondence), client or project specific documents or procedures, project management and organising, contract review, supplier approval, additional machining/handling for bulky, awkward, or hard components, or forklift use.
   10. If a site allowance or higher rates are applicable for the site, the additional cost will be borne by the Client. LMATS ' site personnel will be entitled to the same R&R cycle as other site personnel.
   11. Witnessing of LMATS laboratory testing by the client will incur additional 10% on the total invoice amount.
   12. Weekend and Public Holiday will incur a minimum charge of 4 hours.
   13. Cancellation fees apply for work cancelled within 24 hour notice (weekdays / normal business hours only) or within 48hrs (weekends / out of office hours). The fee shall be equal to the applicable crew hourly rate multiplied by either 4 hours or the actual hours spent (whichever is greater), plus expenses.
   14. Minimum Rest period as per Australian Metals Award will be incurred as a 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.
10. Testing limitations
    1. As per ISO/IEC 17025:2017 (E) Clause 7.1.3, LMATS applies uncertainty of measurement when providing statements of conformity to a specification. This may result in a “did not comply” result if the acceptance limit is within the uncertainty of measurement of the test result. 
    2. 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.
    3. The probability of detection (POD) of defects is never 100%. All inspections and tests are subject to error known as uncertainty of measurement. Result accuracy cannot be guaranteed, and some defects may not be detected. Contact LMATS for more information, including methods of increasing POD (for example using advanced testing, complementary methods, increased sampling).
11. Confidentiality: 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 (a) disclosure is required by law; or (b) disclosure is authorized by the provider of the information on such terms as may be specified.
12. Client credit limits
    1. LMATS  may provide a credit limit, for example $5000 maximum. LMATS management may at its sole discretion change the credit limit, based on client's need or past payment history.  
    2. 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.
13. Invoicing & Payment
    1. Progress payment invoices may be issued (e.g. monthly). If partially completed work is cancelled by the client, LMATS will invoice the partially completed work and will be entitled for payment.
    2. Invoices and invoice reminders will be delivered by email only from .
    3. Payment is accepted by EFT. Cheques incur a handling fee of $150 each.
    4. LMATS uses automatic debt collection software and third-party debt collection and credit reporting agencies. The Client will pay any debt collector fees due to a Client’s breach of the agreed payment terms.
    5. LMATS invoices are subject to The Building and Construction Industry Security of Payment Act 2002 in the case of any Construction Industry work (by definition).
    6. 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.
    7. If LMATS ' invoices are not fully paid within the agreed credit terms, LMATS may withdraw or recall LMATS ' reports. If this occurs, LMATS may publish the details of the recall in the public domain and inform the principal or end client that the reports are recalled. Any liability which LMATS may have in connection with the services shall be deemed to have been discharged entirely 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.
    8. LMATS may withhold services including test results if previous invoices are not paid as per the agreed terms.
14. Secondments are arrangements where an LMATS technician reports to the client on an ongoing basis and does not report to LMATS management daily. In these cases, (1) the Client is responsible to ensure work is completed correctly by the technician, (2) the Client will ensure the correct technician working hours including start and finish times, and (3) the Client has 28 days to dispute any invoice, after this it will be taken that the client has accepted that the work has been completed correctly.
15. LMATS is not restricted from subcontracting part or all the services.
16. The Client shall not solicit LMATS ’ employees or contractors, divulge LMATS ’ employee's or contractor's contact details to another party, or induce LMATS ’ employees or contractors to terminate or breach an agreement with LMATS . The client indemnifies LMATS for direct or indirect losses due to a breach of this clause. This clause shall survive termination of this agreement.
17. Indemnity & Liability
    1. To the extent permissible by law, LMATS ' liability to the Client arising out of or in connection with the 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 shall be deemed to have been discharged at the expiration of one 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.
    2. To the extent permissible by law, LMATS is only 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 .
    3. 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.
    4. The Client indemnifies LMATS for damage to LMATS equipment if the damage is due to the condition of the client's test items, or due to other issues within the Client's control.
    5. LMATS is not liable for the damage, deterioration or loss of items in transit.