GENERAL TERMS & CONDITIONS FOR TESTS AND INVESTIGATIONS
MELBOURNE TESTING SERVICES PTY LTD hereafter referred to as “MTS”, while reserving the right to decline without giving any reason whatsoever any proposal for the undertaking of a test or investigation, will carry out at the request of the Applicant or Client the required test or investigation subject to the following conditions:
- All materials, equipment and other property to be tested or investigated shall be delivered at the cost of the Applicant (Client) and in accordance with the requirements of MTS. At the conclusion of the test or investigation the Applicant shall collect the tested items/equipment. MTS will only store the tested items/equipment for 14 days following testing. If not collected by the Applicant within this timeframe MTS will dispose of samples appropriately. Any costs incurred by MTS in connection with the foregoing will be recovered from the Applicant.
- No liability shall be incurred by and no claim shall be made against MTS or its servants, agents or other persons employed at MTS’ premises or other premises where such tests or investigations are to be carried out in respect of any loss or damage to any such materials, equipment and property occurring whilst at the said premises or in the course of transit to or from the said premises and whether or not resulting from any acts of neglect or default of the part of any such servant or agent of MTS or any other person as aforesaid.
- A test may be scheduled, in agreement with the Client, for a particular date. Whilst every effort will be made to perform the test on that date, MTS will not be responsible for any consequential loss arising from the failure to carry out the test according to the time schedule.
- MTS will not be liable or accept responsibility for any loss or damage howsoever arising from the use of information contained in any of its reports or in any communication whatsoever about its said tests or investigations.
- The Applicant shall indemnify and shall at all times keep indemnified, MTS, its officers and employees from and against loss, damage, expense (including legal costs) arising from any claim, demand, action, suit or proceeding that may be made or brought by the Applicant, his or her employees, representatives, agents or other interested parties against MTS, its officers and employees for or in respect of personal injury to, or death of any person or loss or damage whatsoever arising out of, or as a consequence of, MTS undertaking the test.
- The Applicant will take all the necessary steps for the protection of the subject matter of the test or investigation, whether an invention or otherwise, prior to submission to MTS.
- MTS Directors or employees will not discuss any Test Report, or anything related thereto, with any third party without the prior written consent of the Applicant.
- Unless instructed in writing, the Applicant’s Test Report(s) will be issued only to the Applicant.
- MTS will not proceed with testing until confirmation in the form of a printable, official Company Purchase Order is received by the Applicant.
- Test Reports issued by MTS refer only to the samples submitted, not to the bulk from which they were drawn, unless otherwise stated.
- Applicants wishing to use MTS Test Reports in litigation or arbitration shall inform MTS to that effect in writing, in advance. If a Director or a member of staff is required to appear before a Court or Tribunal the Applicants and/or their legal representatives shall accept responsibility for the appropriate fee and expenses incurred, as determined by MTS.
- MTS reserves the right to include Special Conditions in addition to the foregoing General Conditions where the particular circumstances of the required test or investigation appear to warrant it.
- All MTS Test Reports and/or Test Certificates shall remain the property of MTS until all outstanding fees are paid in full by the Applicant or Client or their nominated representative(s).
- By accepting a Quotation from MTS, the Applicant, Client or their nominated representative(s) agree to the General Terms and Conditions for Tests and Investigations as set out above.
- All Quotations issued by MTS are valid for 30 days from the Quotation Date.