Terms of acceptance of test work
Before we undertake testing or development work for you, we require you to agree to our
terms and conditions. This will include the following points:-
Testing
An understanding of the scope of testing you require including the number of units and
the test program to be undertaken by us.
Timing
An estimate of the timing of the test program to be undertaken
Cost
The total cost of the test program.
- Original test
- Any retest costs
Delivery of goods
You are responsible for the delivery to, and retrieval from, us of the test goods. You
are also required to advise us of the expected date of delivery of the test goods. All
costs and times quoted are conditional upon delivery by you to us of all goods required
for testing in a condition of readiness for testing. The provision of all goods to us for
testing is at your risk. We will not be liable for any damage to the goods during testing.
Packaging
Unless otherwise specified all packaging will be disposed of by Test Research.
Conditions
- If the testing cannot reasonably proceed due to defects in the goods or a failure on
your part to comply with these conditions, Test Research has the right to charge you for
all costs and expenses incurred by us as a result of the defect or failure to comply.
- A report detailing the result of testing your product will be prepared for your use and
dispatched upon receipt of the quoted amount.
- You will be notified if we intend to use an external laboratory to sub-contract all or
part of the test program and this will be indicated in our test report to you.
- Use of the name “Test Research” in any advertising copy, editorial copy or any
other form of publication or media is prohibited. You are also prohibited from using the
names of "Choice", "Australian Consumers' Association" and
"ACA". In the event that you provide a copy of any report prepared by Test
Research to a third party, the report must always be reproduced in full for that third
party. The above restriction on the use of the name “Test Research” and the
prohibition on the use of the names “Choice”, “Australian Consumers’
Association” and “ACA” will also apply to any third party that any Test
Research report is provided to. You agree to indemnify Test Research for any loss or
damage it may sustain as a result of your use of the name “Test Research”.
- We shall be entitled to rely upon the accuracy of any information provided by you
concerning the goods.
- The selection of the standard(s) and the clauses within those standards, which are to
form the basis of testing are your responsibility. If you seek our assistance for this
purpose we will use our best endeavours to determine the applicable standard(s) and
clauses within those standards, and the tests, which we regard as appropriate for the
goods. However, no warranty is given that the standards and tests selected are the, or the
only, standards and tests applicable.
- Accordingly, we accept no liability for any loss or damage by any other party arising
out of any work done by us under this agreement or associated with it, nor any liability
for any loss or damage suffered by you arising out of any selection by us of applicable or
appropriate standards or tests, whether or not such loss or damage sustained by such other
party or you arose in circumstances involving negligence or other breach on our part.
- You agree that you will indemnify us against any loss or damage or expense (including
all legal fees for the defence of any proceedings) incurred as a result of any claim made
against us by any other party arising out of the work done by us under this Agreement or
associated with it.
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