The following contains the Terms and Conditions (“Terms and Conditions”) under which Envirolab Services
Pty Ltd and Envirolab Services (WA) Pty Ltd (“Envirolab”) provide laboratory testing and analysis services
(“Services”) to entities seeking those Services (“Clients,” “Customers”).
The lodgement of an order by a Client or receipt of samples by Envirolab from a Client constitutes a contract
between Envirolab and the Client on the Terms and Conditions contained in this document and the Pricelist as
varied from time to time.
Clients may order Services by submitting a written purchase order, a written request for analysis or by placing
a telephone order. All telephone orders must be subsequently confirmed in writing by the Client. All such
orders shall only be effective upon acceptance by Envirolab. Envirolab recognises that time is of the essence
in completing the Services, and upon timely delivery of samples, Envirolab will use reasonable best efforts to
meet mutually agreed upon turnaround times. All turnaround times will be calculated from the date Envirolab
receives a properly completed Chain of Custody form (“Chain of Custody“) and accepts delivery of the Client’s
samples. The expression “Chain of Custody delivery acceptance” in this document means the point in time
when Envirolab reasonably determines that it can proceed within a defined scope of work (“Scope of Work”)
following receipt, inspection of samples and resolution of any discrepancies in the Chain of Custody.
Clients must provide, together with the submission of their samples, a completed and signed Chain of Custody
form with adequate instructions describing the type of analysis requested and a complete and thorough written
disclosure of the known or suspected presence of any hazardous substances. Hazardous substances are
those defined as such by local, state and federal law. The Client warrants that all relevant disclosures have
been made to Envirolab about the presence of hazardous substances and agree that it will be liable and will
pay all costs and damages resulting from a Client’s failure to disclose to Envirolab that a sample contained or
was suspected to contain a hazardous substance. Clients are liable and will pay all costs and damages
resulting from their failure to comply with any local, state or federal law regarding the sample. Clients are liable
and will pay all costs and damages whatsoever resulting from any action or negligence on the part of the
Client which interrupts Envirolab’s ability to process work, contaminates Envirolab’s laboratory, its instruments
or work areas or necessitates any clean-up or recovery on the part of Envirolab.
Envirolab will ensure that any substances and/or containers shipped to a Client for purposes of facilitating
sampling are shipped in compliance with all applicable local, state, territory, federal or national laws,
regulations and ordinances of any kind. Client bears sole responsibility for determining the applicability of
compliance with all laws, regulations or ordinances applicable to the shipment of samples back to the
Envirolab laboratory. The Client assumes full responsibility for any injury, harm, or damages arising out of the
collection, handling, storage and shipment of explosive materials, biological agents, radioactive materials or
other hazardous material to Envirolab.
All Services provided by Envirolab shall be performed in accordance with the quote (“Quote”) or the current
published pricelist (“Pricelist’) provided by Envirolab to the Client, noting that the most up to date Pricelist is
available to clients via the Envirolab website portal. Printed, downloaded copies of the pricelist, or part thereof,
may not be current and are regarded as uncontrolled. An agreement by Envirolab and the Client to proceed in
the absence a Quote shall be performed and billed in accordance with Envirolab’s Pricelist on the date the
parties agreed to proceed.
Envirolab will issue an invoice, based upon the Quote or Pricelist, whichever is applicable. Envirolab Group
terms are strictly that all services will be by cash on delivery (‘COD’) or credit card (Amex and Diners are not
accepted), unless agreed in writing by the Company. To make payments by any other method, the Client must
be pre-approved by the Company.
If the Client seeks and obtains a credit facility, or as a consequence of having completed a "Credit Application
Form", the Client, as an approved account, is entitled in accordance with the Credit Terms, to a Period of
Credit of thirty (30) days from the date of the invoice.
Finance charges may be assessed on late payments of 1.5 % per month on the outstanding balance beyond
the 30 day net period. Envirolab may refuse to perform work, demand immediate payment for work performed,
withhold delivery of data, or require prepayment for Services based upon a Client’s failure to make timely
payments or upon receipt by Envirolab of an unfavourable credit report for a Client.
A minimum invoice amount of $100 + Goods and Services Tax (“GST”) applies and an administration fee of
either $35 (account holders) or $70 (non-account holders or miscellaneous customers) will be applied per job
+ GST.
Other fees may apply, such as Quarantine Fees, Invoice Portal Upload Fees, Decontamination fees, Courier
Fees and other fees that Envirolab sees fit to charge.
In the event that Envirolab is acting as a sub-contractor of a Client, that Client is responsible for payment of
Envirolab invoices regardless of non-reimbursement or late reimbursement by their client.
Where required GST at the applicable rate will be charged in addition to the quoted prices and will be shown
as a separate item on tax invoices and adjustment notes.
The Client may direct Envirolab to suspend a portion or all of the work to be
performed. In such case, the
Client will remain responsible for all work performed up to the time Envirolab becomes aware of Client’s desire
to discontinue the Services. Any uncompleted Services will be billed on a pro-rated basis, as determined by
Envirolab. All directions by a Client to suspend work must be issued to Envirolab in writing.
In the event the Client defaults on payment (eg non-payment), Envirolab may
give a written notice
requesting payment of the outstanding sum. If not rectified within 10 Business Days after notice receipt by the
client, Envirolab may, by written notice to the Client, suspend further performance of Service. If rectification
has not been acted on by the Client within an additional 20 Business Days after receipt of the default notice,
Envirolab may, by written notice to the Client, terminate the Contract.
Envirolab employees will undertake the Services in accordance with accepted
industry practices and
standards. Envirolab seeks to ensure that all Services will be performed in a timely and professional manner
and that all findings are technically valid. A request by a Client to amend or alter a report or omit specific
information will only be done in circumstances where there is a written request by the Client, there are valid
technical grounds for doing so, and in accordance with Envirolab’s NATA accreditation, the new report notes
that the previous report has been superseded and the reason for the change is noted in the new report. Any
failure on the part of Envirolab to perform in accordance with industry standards will be corrected, provided
such failure was a direct result of acts or omissions by Envirolab in respect of factors deemed to be within
Envirolab’s Scope of Work pursuant to the contract and within Envirolab’s exclusive control.
In circumstances where Envirolab has lost or damaged samples and the Client
is required to undertake or
arrange resampling Envirolab will reimburse the Client its reasonable costs of undertaking or rearranging
resampling to a maximum of $20,000.00 provided the client can demonstrate to Envirolab that those costs are
in all circumstances reasonable.
Envirolab and the Client agree to comply with all applicable Australian laws, ordinances, codes and
regulations.
The Client will provide Envirolab with notice in writing, prior to sample delivery acceptance (“Sample Delivery
Acceptance”) of all licenses and certifications that it will require Envirolab to hold during performance of the
Services by Envirolab for the Client. Envirolab will notify the Client of any revocation of a required licence or
certification.
Envirolab will initiate preparation and/or analysis within holding times (which expression, when used in these
Terms and Conditions, means industry recommended holding times), provided Sample Delivery Acceptance
and completed Chain of Custody occurs within 50% of the recommended holding time for the test. This does
not apply to tests with short holding times such as Ferrous Iron, Nitrite or BOD that are received on a Friday or
the day before a public holiday after 10am. In cases where Sample Delivery Acceptance is not made within
these time periods, Envirolab will use its best efforts to meet the holding times. The holding time commitment
shall be satisfied if an initial analysis is performed within the holding time and reanalysis, to comply with
quality assurance requirements, is performed outside the holding time.
Envirolab will provide the Client with information concerning the progress of the work Envirolab is performing
for the Client and will notify the Client of any changes, concerns, problems or delays materially affecting
performance.
Envirolab will use those analytical methodologies which are based on methodologies set by NEPM, EPA,
Standard Methods for the Examination of Water and Wastewater, NIOSH or other such appropriate
methodologies. Envirolab may deviate from these methodologies where, in Envirolab’s judgment, it is
necessary or appropriate to do so. The nature or composition of a sample are examples of factors that may
require Envirolab to deviate from these methodologies. Any deviations from the analytical methodologies set
forth above will be made in accordance with recognised industry standards, Envirolab’s quality assurance
plans (“Quality Assurance Plan”) and/or any relevant referenced standard operating procedures.
Should the Client want Envirolab to perform in accordance with a mutually agreed upon DQO, the Client must
seek agreement with Envirolab on such a plan before Envirolab receives the samples. Samples arriving prior
to an agreement upon a DQO will be analysed under Envirolab’s standard Quality Assurance Plan then in
effect. Envirolab will not be responsible for re-sampling or other costs for work that must be completed in order
to comply with a DQO that is finalised subsequent to Envirolab receiving samples.
Envirolab will exercise all reasonable efforts to maintain the Client’s confidentiality with regard to business or
technical information it receives in connection with its performance for the Client. Envirolab will use the
information it receives about a Client solely for the purpose of providing Services to the Client.
The Client shall treat all information and data it receives about Envirolab as proprietary and confidential. The
Client shall maintain in strict confidence all such information, including but not limited to information
concerning technology, procedures, and methods used by Envirolab, formulas, trade secrets, ideas, computer
programs and inventions. The Client shall not disclose, and shall prevent disclosure of, confidential
information to any third party without express written permission being granted by Envirolab.
This provision does not prevent either party from disclosing and/or using information or data (i) known to the
receiving party before being obtained or derived from the transmitting party; (ii) that is available to the public
without the receiving party’s fault at any time before or after it is acquired by the transmitting party; (iii) that
is
obtained or acquired in good faith by the receiving party from a third party who has the same information in
good faith and who is not under obligation to the receiving party with respect thereto; (iv) where a written
release is obtained by the receiving party from the transmitting party; (v) after three (3) years from the receipt
of such information; or (vi) when required by process of law; provided, however, upon service of such process,
the recipient thereof shall notify the other party and afford it an opportunity to resist such process.
Envirolab does not make any express or implied warranties of any kind to the Client other than those required
by the Competition and Consumer Act 2010.
In the case of any finding of liability against Envirolab, by a court of competent jurisdiction for damages
incurred by a Client, the Client agrees, to the full extent permitted by law, to limit any award for damages, in
law or equity to the fee charged to the client by Envirolab for the relevant services.
The Client will pay Envirolab for all Services performed on its behalf and for all results utilized by the Client (in
any manner) regardless of any allegation by the Client that the Services provided by Envirolab did not conform
with this contract. In every instance, Envirolab shall be given reasonable opportunity to defend its results and
data directly with any entity challenging its results. Should Envirolab be prohibited or prevented from directly
defending its data (and in this respect Envirolab shall be the arbiter) all money owed to Envirolab by the Client
shall be immediately due and payable and no refund for money paid by the Client will be issued by Envirolab.
Data or information provided to Envirolab by the Client shall remain the Client’s property. Upon full payment to
Envirolab for all Services provided by Envirolab, data or information generated by Envirolab for the Client shall
become the Client’s property. Envirolab will retain exclusive ownership of any and all analytical methods,
QA/QC protocols, and equipment developed by Envirolab for performance of work by Envirolab.
Unless the Client has specified, in a timely manner, a particular location where Envirolab is to perform its
Services for the Client, Envirolab may perform Services for the Client at any laboratory in its network.
Envirolab retains the right, at its discretion, to subcontract Services ordered by the Client to another laboratory
or other laboratories.
Envirolab will dispose of all remaining soil samples two months following receipt of samples. Envirolab will
dispose of all remaining water samples one month following receipt of samples. Air samples are not usually
retained after sampling as the entire sample is usually tested. Whole air samples collected in silico-steel
canisters will be retained for two days from when the results are reported and then disposed at Envirolab’
discretion, after which time Envirolab shall cease to have any responsibility for such. Envirolab complies with
federal, state, territory and local laws when disposing of samples. Should a Client desire Envirolab retain the
samples for longer periods the Client must notify Envirolab in writing. The Client, in accordance with
Envirolab’s Pricelist, will pay an additional sample retention charge in effect at the time of the request.
Samples high in some contaminants such as dioxin, PCB’s, asbestos etc will be returned to the Client for
disposal at the Client’s expense.
Envirolab will retain records pertaining to the Services provided to the Client for a period of three years
following completion of the Services. Should a Client desire Envirolab maintain the records in excess of three
years, the Client must notify Envirolab in writing. In those circumstances the Client, agrees to pay an
additional record retention charge in effect at the time of the request.
The Client agrees to pay Envirolab for all costs incurred, including the monetary value of time spent by
Envirolab officers and employees, in the event Envirolab is required to respond in any manner to any legal
process of any nature whatsoever in which the client is involved but not in respect to any time spent in legal
process which may be commenced by the client against Envirolab in relation to the provision of services by
Envirolab to the client. The Client will pay for all time expended by Envirolab officers and employees in
accordance with its then current hourly rates or as may be published from time to time in the Pricelist.
Envirolab shall maintain such insurances as are required by the nature of its business and the Services
provided to the Client.
Sample Delivery Acceptance is defined as the point in time after which Envirolab has received and inspected
the samples and received project guidance from the Client regarding the work to be done and resolved any
discrepancies in the Chain of Custody forms and made a determination that it can proceed with the defined
work. Envirolab reserves the right to refuse or reject samples that it deems to (i) be of unsuitable volume; (ii)
pose a health, safety, environmental or other risk; or (iii) be a sample that will fail to meet holding times either
due to the passage of more than 48 hours from the time of sampling or the passage of half the holding time for
the requested test, whichever is less; (iv) be unsuitable for the provision of the Services for any reason
Envirolab considers relevant in its absolute discretion.
The entire risk of loss or damage to samples remains with the Client. This includes subcontracted courier
services by Envirolab. The Client will be responsible and Envirolab has no responsibility for the action or
inaction of any Client or carrier shipping or delivering any sample to or from Envirolab’s premises.
These Terms and Conditions, together with any duly authorised and executed addendum, embody the entire
agreement of the parties. These Terms and Conditions supersede all previous verbal and written
communications, representations and agreements between the Client and Envirolab. No modification or
waiver of any provision of these Terms and Conditions shall be binding on either party unless made in writing
and executed by the Client and Envirolab.
These Terms and Conditions, and any transactions and agreements to which they apply, shall be governed
and construed, both as to interpretation and performance, by the laws of NSW. The Client and Envirolab
agree to submit to the jurisdiction of NSW and the venue for any action arising out of these Terms and
Conditions will be in Sydney, NSW.
The provisions of these Terms and Conditions are severable. The invalidity or unenforceability, in whole or in
part, of any provision, term or condition herein shall not invalidate the remainder of these Terms and
Conditions.
No waiver by either party of any provision, term or condition herein, or of any obligation hereunder shall
constitute a waiver of any subsequent breach. No waiver shall be inferred by a party’s conduct. All waivers
must be in writing.
Envirolab shall not be liable for any failure to perform the contract or for any delay or non-delivery due to
strikes, fires, explosion, flood, riot, lockouts, injunction, interruption of transportation, epidemics or
quarantine
restrictions, accidents, inability to obtain supplies at reasonable prices, war or apprehension of war, force
majeure, government action, or any other circumstances beyond Envirolab’s control.
The sampling equipment provided by Envirolab will remain the property of Envirolab at all times
Please note Envirolab provides the sampling equipment in good faith for the collection of air samples.
Therefore, it is expected that the sampling equipment will be returned in the same condition as provided by
the laboratory.
If any damage occurs whilst the sampling equipment is in the custody of the customer, then said customer will
be liable for payment of:
- Repair of the sampling equipment.
- Replacement of the sampling equipment or equivalent.
- The customer shall not part possession with the sampling equipment (unless arranged with the laboratory).
- The customer accepts responsibility to guard against theft, damage or negligence of the sampling
equipment until returned to Envirolab – where sampling equipment is stolen whilst in the custody of the
customer, all replacement costs must be paid for by the customer.
The customer acknowledges that Envirolab is not liable for any failure of the sampling equipment that may
cause loss or consequential damages to the customer caused by the sampling equipment failure.
- All sampling equipment is provided on the basis that the samples taken are analysed by Envirolab.
- Customers will be charged for sampling equipment cleaning/conditioning even where the samples have not
been scheduled for analysis.
- Canisters are provided for low level contaminant analyses and therefore liquid, fuel and refinery gas
stream samples should not be sampled into canisters by customers. If the customer knowingly collects the
aforementioned sample matrices into the canisters provided, the canister may be rendered inappropriate
for further use and hence the customer will bear the cost of canister replacement.
- Sampling equipment is provided at $52.50/week for each item (see the latest Pricelist for further
information (or individual quote)). If the sampling equipment is not returned to Envirolab within one week of
receipt by the customer for scheduled testing, a weekly rate of $52.50/week for each item will apply.
- All samples will be disposed after two days of issuing the “Certificate of Analysis” (CoA) at Envirolab’s
discretion after which time the Company shall cease to have any responsibility for such samples: this
means after two days of issuing the CoA, all canisters will be cleaned, all TD Tubes will be conditioned, all
carbon tubes/tedlar bags will be disposed, unless there is a pre-arrangement in writing. For those holding
samples, the sample holding fee will apply: $105 per week per canister sample, $52.50 per week per TD
tube sample.
The PDF report provided by Envirolab shall be considered the sole and authoritative source of truth regarding
the information contained therein. Any discrepancies or differences between the PDF report and any other
electronic forms, including but not limited to Electronic Data Deliverables (EDD), shall be resolved in favour of
the information contained within the PDF report.
Envirolab shall not be liable for any transcription differences, inaccuracies, errors, or discrepancies that may
arise between the information presented in the PDF report and any other electronic forms, including EDD.
Users acknowledge and accept that variations may occur in data transcription processes and formats, and
Envirolab shall not be responsible for any consequences arising from such variations.