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Terms and Conditions

The lodgement of an order or receipt of samples for NMI services constitutes an acceptance of the following terms and conditions.

Unless otherwise agreed in writing, the following terms and conditions apply to services conducted by NMI, resulting from engagement of NMI either by accepting a quotation and/or submission of samples to NMI. The client agrees to be bound by and comply with these terms and conditions. Any terms and conditions you notify to NMI, will apply only if and to the extent that NMI agrees to them in writing.

Services

NMI reserves the right to review prices at any time if:

  • significant changes to our costs are incurred beyond our control ie. changes to legislative requirements or variations in tax or excise rates; or
  • any of the assumptions set out in the quotation prove to be incorrect.

Alterations to the scope of the quoted services (including changes to timeframe of services, sample numbers, limits of reporting, agreed analyte suite etc.), prior to commencement of the services, may require a review of the quotation.

Alterations to client requirements requested after commencement of the testing process will incur an administration fee of $22 inclusive of GST plus charges for extra service delivery costs incurred by NMI, if any.

Records will be kept for the required minimum period unless otherwise requested and agreed to by NMI (eg NATA technical accreditation requires records are kept for a minimum of three years).

Estimations of measurement uncertainty (MU) are available upon request.

Business Hours

Services will be provided by NMI during normal business hours Monday to Friday (excluding public holidays), unless otherwise agreed.

Any services conducted outside NMI premises will be performed Monday to Friday (excluding public holidays) between 9 am and 5 pm, unless otherwise agreed.

Turnaround Times

Any samples received after 16:30 h Monday to Friday or on public holidays are deemed to have been received the following working day.

It is the client’s responsibility to ensure that NMI has access to all information and premises necessary to commence the services as agreed.

The due date of the services may be delayed where such information or access is not provided, or is judged by NMI to be inadequate for the services to commence.

Accounts and Payment

GST at the applicable rate (currently 10%) will be charged in addition to the quoted prices. NMI will issue valid tax invoices and adjustment notes as per requirements of GST legislation.

A minimum invoice fee inclusive of GST applies (this includes a handling fee per invoice).

The establishment of a trading account is subject to the completion of an account application form.

NMI reserves the right to undertake credit verification of all established accounts or to request up-front payment of services before services can commence.

Terms of payment are strictly 30 days from date of invoice. A late fee of up to $11 inclusive of GST may apply if the client does not pay in full by the due date.

Treatment of Samples

Unless NMI has otherwise agreed in writing, the client is responsible for collecting samples and for delivering samples for testing to the address nominated in the quotation.

When providing samples to NMI, the client must give written notice of all known safety or health hazards and special procedures relevant to the handling, testing, storage, transport and disposal of samples. NMI reserves the right to refuse to conduct any test where NMI in its absolute discretion determines such testing may pose a safety or health hazard.

Where a formal request is made, NMI will return samples to the client, at the client's expense.

The client acknowledges that during conduct of the services the samples or parts of samples may be altered, damaged, lost or destroyed. NMI shall not be liable to the client or any third party for any samples that are altered, damaged, lost or destroyed during conduct of the services.

The client is responsible for ensuring that samples supplied for testing are representative of the product or material to be analysed and for retaining any duplicate or control samples.

Unless NMI has otherwise agreed in writing, NMI shall not be obliged to return samples to the client and may in its discretion store, experiment on, destroy or dispose of samples.

NMI reserves the right for samples deemed hazardous by NMI to be returned, to the client, at the client's expense.

Where possible a representative sample will be kept for a period of one (1) month from the date of final report. NMI will charge for costs incurred for longer term storage, or for disposal of noxious samples.

Ownership

NMI will own the final report until such time as full payment for the services is received, beyond which time the client will own the final report.

All intellectual property rights associated with sample analysis methods, processes and reports are vested, and shall remain vested, in NMI. No other party may replicate or appropriate the method or any part thereof for any use, be it commercial or otherwise, without the express written consent of NMI’s General Manager or approved delegate.

Legal Obligations

NMI, its proprietor, its officers, employees and agents are under no legal obligation to provide information or expert witnesses as an outcome of any testing undertaken at NMI.

Any requests for NMI, its proprietor, its officers, employees and agents to provide information or expert witnesses will not be granted without the express written consent of NMI’s General Manager or approved delegate.

In circumstances where NMI, its proprietor, its officers, employees or agents agree or are required to provide information or appear as expert witnesses as an outcome of testing undertaken at NMI an hourly fee will be charged to the client.

Force Majeur

NMI shall not be responsible or liable for any delay to perform any of its obligations when such delay or failure to perform any of its obligations is caused by unforeseen circumstances beyond its reasonable control and without its fault or negligence, including, without limitation, Acts of God, fire, explosion, riot, sabotage, strike or other labour dispute, shortage of materials, transportation difficulties or compliance with any order, action, governmental officer, department, agency, authority or committee thereof that renders performance impracticable or impossible for NMI.

Exclusion of Warranty

To the full extent permitted by law NMI and its proprietor exclude all warranties, terms, conditions or undertakings, ('terms'), whether express or implied, in relation to services, the report or its contents. Where any legislation implies any terms which cannot be excluded or modified then such terms shall be deemed to be included. However (to the full extent permitted by law) NMI's liability to the client is limited at NMI’s option to the re-performance of service or the refund of service fee.

Without limiting the generality of this clause, it is agreed that, to the full extent permitted by any applicable Commonwealth, State or Territory laws having jurisdiction, NMI and its proprietor will not be liable to the client or any other person for any loss of profits or business whether directly or indirectly incurred or any special, indirect or consequential damages arising from the client's use of NMI's services or reports.

Client's Release and Indemnity

The client hereby releases and indemnifies and shall continue to release and indemnify NMI, its proprietor, its officers, employees and agents from and against all actions, claims, proceedings or demands (including any costs and expenses in defending or servicing same) which may be brought against it or them, in respect of any loss, death, injury, illness or damage to persons or property, and whether direct or indirect and in respect of any infringement of any industrial or intellectual property rights, howsoever arising out of the use of the report or the services of NMI.

Client's Acknowledgment

The client acknowledges that:

  • the client at its own risk uses the report and its contents and any advice, opinions or information supplied by NMI, its proprietor, its officers, employees or agents concerning the service;
  • the service is performed on the understanding that the client will not hold NMI, its proprietor, its officers, employees or agents liable for any loss or damage resulting from the conduct of the service or the use of or reliance upon the report or its contents; and
  • it is the responsibility of the client to make its own assessment of the suitability for any purpose of the service, report and its contents and any information or advice generated therefrom.

General

The services are governed by the laws of the state in which services have been conducted, unless Commonwealth law prevails.

The client will not represent in any way that NMI supports or endorses the client’s business, goods or services, without NMI’s written consent. The client will not make any press release or public statement about the services or NMI without NMI’s written consent.

(Current as of 1 January 2011)