Terms and Conditions
1. Scope of Services
The Company agrees to provide non-destructive testing (NDT) and inspection services as described in the quotation or proposal issued to the Client (the “Services”). Services may include, but are not limited to: Ultrasonic Testing (UT), Radiographic Testing (RT), Magnetic Particle Testing (MT/MPI), Liquid Penetrant Testing (PT/LPI), Eddy Current Testing (ET), Phased Array Ultrasonics (PAUT), Time of Flight Diffraction (TOFD), Visual Inspection (VT), Welding Inspection, Welding Supervision, Pressure Vessel inspection, QA/QC Service, and Reporting.
2. Term
This Agreement commences on the date above and continues until completion of the Services, unless terminated earlier under Clause 12.
3. Fees and Payment
Fees are set out in the quotation provided by the Company.
All fees are exclusive of GST unless otherwise stated.
Payment terms are 30 days from invoice date, unless otherwise agreed in writing.
The Client is responsible for all costs of recovery of overdue amounts, including legal fees.
4. Client Responsibilities
Provide safe and timely access to the site, equipment, and test items.
Ensure test items are prepared in accordance with the relevant method requirements.
Supply accurate drawings, specifications, and acceptance criteria.
Ensure compliance with all site safety regulations, permits, and inductions.
Nominate a representative to liaise with the Company.
5. Performance of Services
The Company will perform Services in accordance with applicable standards (AS/NZS, ISO, ASME, ASTM, or Client-specified procedures) and using qualified, certified personnel.
Reports and certificates reflect the condition of the test items at the time and scope of inspection only.
6. Reports and Records
The Company will provide inspection reports and/or certificates to the Client upon completion.
The Company will retain a copy of reports and records for at least 5 year unless otherwise required by law.
7. Limitation of Liability
The Company is not liable for losses resulting from undetected defects outside the agreed scope of work.
Any indirect, incidental, or consequential damages, including loss of profit or downtime.
Where liability cannot be excluded under Australian Consumer Law, it is limited to re-supply of the Services or refund of the fees paid for the Services.
8. Indemnity
The Client indemnifies the Company against all claims, losses, damages, and expenses (including legal costs) arising out of or in connection with:
– Any breach of this Agreement by the Client;
– Any inaccurate or incomplete information provided by the Client;
– Unsafe or non-compliant site conditions;
9. Intellectual Property
All intellectual property, procedures, and reporting formats remain the property of the Company.
10. Termination
Either party may terminate this Agreement by written notice if the other party commits a material breach and fails to remedy it within 14 days.
The Company may suspend or terminate work immediately if site conditions are unsafe, or payment obligations are not met.
11. Force Majeure
The Company is not liable for delays or failure to perform caused by events beyond its reasonable control (e.g., industrial disputes, natural disasters, equipment breakdown).
12. Governing Law
This Agreement is governed by the laws of the State of Victoria, Australia and the parties submit to the jurisdiction of its courts.
13. Entire Agreement
This Agreement, together with any quotation, constitutes the entire agreement between the parties and supersedes all prior negotiations or representations.