Terms and Conditions
For the purposes of these terms and conditions
- ‘Matthew Costin’ or ‘Matthew James Costin’ or “Matthew Costin – Test & Tag” refers to Matthew James Costin ABN: 44 743 426 765.
- ‘you’ refers to the customer.
- ‘GST’ refers to the Goods and Services Tax as defined by the Australian Tax Office (ATO).
- ‘Works’ refers to the equipment and/or services to be undertaken by Matthew Costin – Test & Tag or as may be agreed between the parties from time to time.
Introduction
These Terms apply to all transactions of any nature with Matthew James Costin ABN: 44 743 426 765.
You must know, understand and comply with these Terms and Conditions, as they are a binding agreement between you and Matthew James Costin.
Acceptance of Terms and Conditions
These Terms and Conditions apply to all quotations and tenders submitted by, all orders placed with, and all Works you require Matthew Costin to undertake for you and which Matthew Costin undertake for you.
You are considered to have entered into a contract with Matthew Costin upon verbal or written advice you give to any representative of Matthew Costin and/or by commencement of works by Matthew Costin.
Trading Terms
Matthew Costin requires payment within 7 days of the invoice date (unless otherwise agreed to by you and Matthew Costin in writing prior to the service(s) being provided).
Invoices not paid within these trading terms shall be considered overdue.
Matthew Costin reserves the right to request that a credit application be completed by you before commencement of any Works.
Matthew Costin has the right to deny credit at any time in its sole discretion.
Computer-generated Reports
Computer-generated reports are sent by post once your invoice has been paid in full. Should a situation arise where an audit from e.g. Work Safe and the report is required, Please call our office who will send a letter, to state the works have been completed by us and awaiting payment, If you require report to be sent as “urgent”, Please pay your account using an instant payment method, Please call our office and we will advise how to pay using an instant payment method. In an Urgent Situation for the Full Report, we can send the report by Express Post or Express Freight at cost to the customer. Please also note a fee is payable to complete the computer-generated report as “urgent”
Please Note: You are informed of items that have failed testing on the day.
Under normal conditions, the computer-generated reports are ready to be sent within 3 business days, and will be held until full payment has been made.
If Worksafe, a government department or Insurance Organization contact us for the report, we will send it to them and will not be required to tell you of this if requested by them not to inform you of this.
Appliance Testing, Microwave, 3 Phase Testing & RCD testing reports can only be supply via hard copy only.
Access to appliances under test
Easy access is required to appliances which are to be inspected and/or tested.
Appliances should be out of cupboards, boxes etc. and placed on the table or other suitable surface where testing and inspection can be carried out.
Access to your premises for the purpose of conducting the inspection and testing is also required, 240V mains power will be required for testing.
Types of Appliances
“Standard Appliances” means all single-phase 10 ampere and 15 ampere portable electrical appliances which are approved for use in Australia, and connected to the power supply by means of an Australian 2-pin or 3-pin plug, except for devices which incorporate an RCD (Residual Current Device), also known as a ‘Safety Switch’).
“Non-standard appliances” include:
(a) Devices with an RCD;
(b) Multi-phase appliances;
(c) Hard to access appliances i.e. When something needs to be dismantled to access the appliance/s; and
(d) Appliances contained in a server rack.
Non-standard appliances are charged at the rate as per pricelist on our website.
Detection of Hazards
When Matthew Costin detects hazards at your premises, you hereby authorise Matthew Costin to take such action that is considered to be necessary by Matthew Costin to rectify or isolate the hazard, including:
(a) Removing equipment from service until such time it is repaired or disposed of; – Mandatory Yes and Tell Site Contact
(b) Placing a “DANGER: Equipment Out of Order Do Not Use” notice on the equipment; – Mandatory Yes
(c) Removing the plug or cable from a faulty appliance; – (optional)
(d) Providing a failed equipment list to you and a waiver for you to sign. – Mandatory Yes
Discounts
Any Discounts given on your invoice are given by an offer or deal you accepted, or was part of the standard price list for services provided or at the sole discretion of Matthew Costin.
If any Invoice is more than 14 Days Overdue, Matthew Costin has sole discretion and the right to cancel any discount given on overdue invoices.
Quote / Estimate
Any quote / estimate is based on numbers given to us or based on the number of items at our last test and tag appointment. Actual Pricing will be based on the number of Items Found and Test and Tagged on the Day, This could be higher or lower.
Matthew Costin pricing as quoted excludes GST which shall be charged at the applicable rate.
Works in remote areas will attract a surcharge which will be included in the quote / estimate and/or advised to you, before the contracted work is commenced.
Customers cannot deduct any charges from the quoted amount because of incomplete works etc.
Car Parking
Should car parking not be provided on the day(s) testing is performed, at our sole discretion parking costs may be included on your invoice for payment by you.
Works Outside Melbourne Suburbs
Works in remote areas / outside the Metropolitan area will attract a surcharge which advised to you before the contracted work is commenced. You can check the areas we service via: https://matthewcostin.com.au/contact/our-service-area-map/
Overdue Invoices
Matthew Costin reserves the right to forward all overdue accounts to a solicitor or debt collection agency.
Any Invoices that remain unpaid beyond our trading terms will be referred to a Debt Recovery Agency and will be subject to the following terms and conditions:
The debtor/s (you) shall pay for all costs actually incurred by Matthew Costin in the recovery of any monies owed under any invoice not paid on time, including recovery agent costs, repossession costs, location search costs, process server costs and solicitor costs on a solicitor/client basis. This could have an adverse effect on your credit rating.
Invoice Queries
If you have a query about an invoice issued by Matthew Costin, this must be raised within 7 days of receipt of invoice by emailing: accounts@matthewcostin.com.au or in writing to: Matthew Costin – Test & Tag, PO Box 492, Mount Waverley, 3149, Vic
Your query will be addressed by Matthew Costin within 2-5 business days of receipt of the same.
Defects, Errors and Omissions
You shall inspect the Works on completion and within 5 days notify Matthew Costin of any alleged defect, error or omission, damage or failure to comply with the description or quote.
You shall give Matthew Costin access to your premises and an opportunity to inspect the works within a reasonable time following such notification if you believe the works are defective in any way.
If you fail to comply with these provisions, the Works shall be presumed to be free from any defect or damage.
Remedial Action
Should a situation arise where work performed by Matthew Costin is required to be remedied under warranty, Matthew Costin will not be responsible for the costs incurred by any third party contractor to complete the works when Matthew Costin has not been notified in writing by you of the warranty claim and has not been given the first opportunity to arrange remedial work within a period of 14 days from receipt of such written notice.
Liability
Except in the case of gross negligence or wilful misconduct by Matthew Costin, Matthew Costin shall not be liable to any person for any direct or consequential damage, loss, expense or claims for consequential compensation whatsoever which arise out of, or in connection with, the works and services provided.
To the fullest extent permitted by law, you release Matthew Costin and associated entities from and indemnify Matthew Costin against all liability whatsoever for any injury, loss or damage, however arising.
Computers and Scheduled Maintenance
All computers and servers must be powered down by you before the time when the Works are to occur.
Any scheduled maintenance of electronic equipment (e.g. Computers) by you or your service provider, is not to be scheduled by you during a time when the Works are to be undertaken by Matthew Costin.
Matthew Costin will not be liable for any internet downtime or any other defaults which may occur if scheduled maintenance is undertaken by you or third parties appointed by you during the time Matthew Costin is scheduled to undertake the Works.
It is your sole responsibility to ensure that Matthew Costin’s Works and any scheduled maintenance occur at separate times.
Matthew Costin will not be liable for any electronic equipment (e.g. computers) that may not turn on or have faults after the testing have been done, or electronic equipment (e.g. computers or servers) that have been left on.
All care is taken by Matthew Costin and all associates when testing servers and equipment in racks, however, no responsibility will be taken for items (if any) that cannot be reinstated to pre-testing operational mode or if they have undergone a visual test only, no liability will be accepted by Matthew Costin if the item is technically faulty or unintentionally powered down during the process.
Testing & Tagging Minimum Charge & Cancellations
Matthew Costin reserves the right to charge a minimum fee of $89 for on-site testing & tagging work when the total value of work carried out is less than the minimum charge.
The minimum charge may also apply when a job is cancelled or rescheduled without adequate notice.
Matthew Costin requires a minimum of 24 hours’ notice for all job cancellations or rescheduled, All Job cancellations and rescheduling must be done via phone during business hours, you can send an email after the call if you wish.
Test & Tag Fee Structure
Fees are set out as per https://matthewcostin.com.au/services/pricing-list/
Please note that appliance testing is per business location and/or building and per our work order.
Once the site work is completed as per our work order, the fee structure will be applied from the minimum change to the new business location and/or building.
Matthew Costin reserves the right to consider the business location and/or building and per our work order at his sole discretion.
Administration Duties and Inductions Fee
When Matthew Costin and/or Staff Members are required to complete any administrative functions including, paperwork, compliance applications, Inductions or anything required by us to specifically work on your site, we reserve the right to charge for the time required to complete these.
Matthew Costin reserves the right to consider when this administration fee should be applied to a customer at his sole discretion.
Jurisdiction
These Terms and Conditions are governed by the laws of Victoria. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning the Terms and Conditions.