1. Client Obligations
1.1. If a site allowance is applicable for the site (e.g. for other Australian resident subcontractors or site employed staff), then the Client shall pay the
same site allowance to LMATS ' site personnel. If there is an applicable enterprise agreement or other agreement, the higher rates in the relevant
agreement shall prevail and the rate shall be paid by the Client. LMATS ' site personnel will have the same R&R cycle as other site personnel.
1.2. The Client is responsible to prevent improper use or inadequate security of personal details of LMATS staff including where proof of iden ty
documents have been requested. The Client shall comply with the Privacy Act 1988 and shall follow the Australian Government Guide to Securing
Personal Informa on.
1.3. Client shall provide safe and uninhibited access to the test and inspec on areas. This includes surface prepara on, cleaning, removal of hazardous
materials, draining, shu ng down, and isola on where required.
1.4. The Client shall nominate the test specifica on (acceptance criteria) for each test or inspec on. In the absence of an acceptance criteria, LMATS
may not be able to provide a compliance statement (e.g. pass or fail).
1.5. Where a percentage or por on of the item or items are to be tested or inspected, the Client is responsible for the required percentage and
sampling including the selec on 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 selec on of the test areas. Defects may remain
undetected in areas that are not tested.
1.6. As per ISO/IEC 17025:2017 (E) Clause 7.1.3, LMATS applies uncertainty of measurement when providing statements of conformity to a specifica on.
Note that this may result in a “did not comply” result if the acceptance cri era is within the range of the uncertainty of measurement of the test
result.
1.7. Client shall provide site electrical power, water, air and height access facili es unless otherwise agreed.
1.8. By proceeding with the work, you confirm that, if and as required, the principal and inspec ng authority accept the personnel qualifica ons for this
project, which could consist of cer fica on under ISO 9712, AINDT, BINDT (PCN), TWI (CSWIP), MINDT, ASNT, ACCP, SNT‐TC‐1A, ANDE‐1 or other
similar cer fica ons. If specific cer ficates are required, please inform LMATS prior to work commencement.
2. Condi ons
2.1. All fees in this proposal are AUD excluding GST.
2.2. This proposal will remain valid un l the expiry date shown on page 1.
2.3. Fees are subject to increase each year from 1 July onwards.
2.4. Work will not commence un l a wri en acceptance of this proposal is supplied by the client (e.g. a purchase order referencing this proposal
number).
2.5. For tes ng at LMATS laboratory, all test items shall be safely delivered to LMATS laboratory by the Client with adequate packaging.
2.6. Witnessing of LMATS laboratory tes ng by the client will incur addi onal 10% surcharge on the total invoice amount.
2.7. Prepara on of client specific procedures or client documents will incur addi onal fees at applicable hourly rates.
2.8. Site inspec on and tes ng will be limited to the areas or components which are safe and accessible during the me that LMATS has allowed for the
work. Restric ons due to access, material, geometry or other condi ons may result in a devia on from the intended process standard or method.
Addi onal restric ons may be noted on the test report.
2.9. When test methods are used to detect defects, the probability of detec on (POD) varies. POD for any technique is always less than 100%. As a
result, some defects may not be detected during the inspec on process. Similarly, all inspec on and test methods are subject to a degree of error
known as uncertainty of measurement. Inspec on and test result accuracy cannot be guaranteed par cularly outside the POD and uncertainty of
measurement. LMATS can provide further informa on on request, including methods of increasing POD and accuracy (for example using advanced
methods, mul ple complementary techniques, increasing sampling).
2.10. Conven onal (1‐page) NDT test reports will be charged at $60 per report, unless reports are prepared on site or unless otherwise stated in this
proposal.
2.11. Mobilisa on / Demobilisa on fees are: $160/person within 50km from LMATS ; $135/hour per person outside 50km from LMATS
2.12. Proposal is 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 to 9.30pm) will be charged at an addi onal over me rate of $60/hour per person. A er 9.30pm and Public Holidays, addi onal
over me rate of $90/hour per person will be charged.
2.13. Meal allowance of $18 per person will be charged a er 2 hours of over me work.
2.14. Minimum Rest period as per Australian Metals Award ‐ Rest period will be charged nominal hourly rate per person for the addi onal hours engaged
a er 14 hour day or intermi ent a ernoon or night shi , required to make up for a minimum 10 hour break.
2.15. Weekend and Public Holiday work will incur a minimum charge of 4 hours.
2.16. All standby, site induc on, permits, job wai ng, site delays, repair tests/retests will incur the applicable hourly rates.
2.17. Any off‐site induc ons, client consulta on such as mee ngs or discussions, or other ac vi es not specifically noted in this proposal will incur the
applicable hourly rate per person.
2.18. If non‐standard PPE (personal protec ve equipment) is required, the cost will be borne by the Client.
2.19. Any costs in rela on to client‐specified medical tests will be borne by the Client at the standard hourly rates (e.g. me spent at the clinic, medical
appointment booking me, travel me, etc) plus expenses.
2.20. LMATS will, to the best of its ability, plan for the works to be completed in suitable weather condi ons. However, if inclement weather during the
works prevents the safe performance of outdoor works then a varia on may be required to complete the works.
2.21. All test areas shall be clearly iden fied 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 addi onal me required plus any expenses.
2.22. Minimum invoice fees apply: Laboratory: $465 for radiography and $350 for other tests. Site work: $525 per person and $1040 for radiography
crew.
2.23. Addi onal machining/handling fees at the applicable hourly rates will be incurred when handling large, bulky or awkward samples, or when cu ng
hard, bulky or awkward components, or when a forkli is required.
2.24. Consumable charges apply: MT/PT: $18/aerosol or litre. Radiography films: $8/short, $12/long, $30/meter.
2.25. Living away from home expenses of $375 per person, per night will be incurred to the Client.
2.26. If parking fees are applicable for site works these will be an addi onal cost borne by the Client.
2.27. If there is a change to the required scope of work, including test method standard or specifica on, addi onal fees may apply or LMATS may revise
its fee proposal.
2.28. If invoices are not paid within 30 days from the job comple on date, a penalty interest of 10% will be charged to the client as per Sec on 2 of the
Penalty Interest Act 1983.
2.28. Progress payment invoices may be issued at the end of each month. If par ally completed work is cancelled by the client, LMATS will also invoice
the par ally completed work and will be en tled for payment.
2.28. Invoices and invoice reminders will be delivered by email only from .
2.28. Payment is accepted by EFT, or by cheque with a cheque handling fee of $150 per cheque.
2.28. LMATS uses automa c debt collec on so ware. If an invoice is not paid within the agreed credit period, automa c debt recovery emails will be
issued. This includes no fica on and uploading debt to debt collec on and credit repor ng agencies (e.g. Dun & Bradstreet). The Client will pay any
outstanding debt collector fees (incurred on any previous invoices) before commencing a new job.
2.29. In rela on to any Construc on Industry work (by defini on), LMATS invoices are subject to The Building and Construc on Industry Security of
Payment Act 2002
2.30. The client may provide a wri en request prior to comple on of tes ng 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 deteriora on or loss in transit. The client shall insure their samples or goods in
transit). Otherwise, LMATS at its discre on may dispose test items a er 6 weeks from the report issue date, or retain and display any test samples,
specimens or items for training, educa on and marke ng purposes.
2.31. 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 accep ng this proposal, the Client accepts responsibility as follows.
2.31. (a) Client to ensure the work has been completed as per the agreed scope.
2.31. (b) Client to verify the start and finish mes of the technician, and ensure the technician has worked the agreed hours.
2.31. (c) The Client has 28 days to dispute any invoice, a er 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.
2.32. Interna onal work incurs the following fees:
2.32. (a) Mobilisa on expenses for personnel, equipment or goods, and associated expenses at cost + 15%.
2.32. (b) Interna onal customs fees, carnets, freight, visas, bank and currency conversion fees at cost + 15%.
2.32. (c) Any applicable fees or deposits for customs, carnets, deposits or du es for interna onal importa on or exporta on of equipment shall be
covered and reimbursed by the client, including interest at 10% per annum (calculated monthly) un l the deposits or fees are returned to LMATS
Pty Ltd. Customs deposits may be 50% or more of the equipment value.
2.32. (d) Administra on me for organising interna onal work or transport shall be charged at the rate of $110+GST/hour/person or as otherwise
agreed. This includes any me spent prior, during or following the work in organising carnets, customs deposits, freight, mobilisa on, personnel,
equipment, visas, availabili es, goods or consumables.
2.33. Any costs and fees specific to a one‐off client project for third party qualifica on, supplier approval, contract review, online induc on, supplier
management system or portal, or services such as CCS, ISNetworld, Ave a, PEC Safety, BROWZ, Ariba, Pegasus, shall be incurred to the client.
2.34. The Client agrees that, during the term of this proposal, the works performed by LMATS , and for two years following the comple on 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 rela onship 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.
2.35. If LMATS ' invoices are not paid in full within the agreed credit terms, LMATS may at its discre on 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 connec on 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 therea er barred
from commencing any ac on or making any claims against LMATS in connec on with the Services.
2.35. LMATS may also withhold test results if previous invoices are not paid as per the agreed terms.
2.36. For work cancelled within 24 hour no ce (weekdays / normal business hours only) or within 48hrs (weekends / out of office hours), a cancella on
fee shall apply. The cancella on fee shall be the standard hourly rate for the crew mul plied by 4 hours, or mul plied by the hours spent if more
than 4 hours has been spent, plus any expenses incurred.
2.37. 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 propor on to which such loss, damage or injury is caused by the fault of LMATS . To the extent permi ed by
law, LMATS ' liability to the Client arising out of or in connec on with the Agreement or arising out of or in connec on 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.
2.37. Any liability which LMATS may have in connec on with the Services, whether under the law of contract, tort (including negligence), statute or
otherwise, shall be deemed to have been discharged at the expira on of 1 year from the comple on of the Services and the Client is therea er
barred from commencing any ac on or making any claims against LMATS in connec on with the Services, unless legal proceedings are issued and
the associated formal documenta on served upon LMATS within that period.
2.38. LMATS shall have no liability to the Client for or in any indirect, economic, special or consequen al loss or damage including without limita on; loss
of actual or an cipated profit or revenue, business interrup on or shutdown, loss of produc on, delay costs in connec on with the Services
2.39. All informa on provided by one party to the other party is confiden al and must not be disclosed by the recipient to a third party unless:
2.39. (a) Disclosure is required by law; or
2.39. (b) Disclosure is authorized by the provider of the informa on on such terms as may be specified.
2.40. If the Client instructs LMATS to start this work, or LMATS have already started the work and the Client requires us to con nue it, then the Client will
have accepted these terms of engagement. Whatever the mode of acceptance, it will have the effect from the me the Client first instructed
LMATS .
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is ISO 17025 & ISO 17020 accredited