LEDlab Terms & Conditions
If sending product to LEDLab for testing you agree to the following Terms & Conditions However even if you read nothing else please note the decision rule. According to AS 17025you must agree to the Pass / Fail decision rule used for your product. Should you wish otherwise please notify LEDLab in writing (such as email). No correspondence is taken as your agreement to the default rule below.
For all testing not specified otherwise (Default):
A decision on Pass / Fail is always provided. LEDLab’s uncertainties are always considered but not taken into account. That is values that only just comply Pass but values that just don’t comply Fail even if our Uncertainty was 2%. In all cases LEDLab will give the value measured. In borderline cases, LEDLab will give the value measured, our Uncertainty and the Limit. Certifying bodies have the right to decide otherwise but generally accept this rule. LEDLab has chosen this rule as the default because private Certifiers under JASANZ rules are not allowed to make decisions, therefore Test Reports without a Pass conclusion will not result in the Certificate you require.
Other Decision Rule available, should you choose otherwise.
Examples of other Decision Rules using Uncertainties are some MEPS stages which could work in your favour, such as adding LEDLab uncertainty to your efficacy measured to get you over the line. LEDLab will work with such a ruling on your behalf. The Department of Energy & Environment use this for Stage 1 testing but are yet to decide on Stage 2 testing. Should you have information on this please notify LEDLab in writing.
The opposite would be strict tender documents which work against you. That is they might insist there is no possibility you fail. They could also ask that Uncertainties be specified at 99% confidence instead of the normal 95% confidence. In the above example they might require we subtract our uncertainty from the efficacy measured. Should you know this to be the case please notify LEDLab in writing.
Other Reading (legal stuff).
To work with you as considered reasonable to ensure you are happy with the outcome. That excludes any collusion or impropriety. To keep copies and records of Test Reports we provide you with for 7 years. To keep the samples you send us for four months.
2. Your Obligations :
2.1You must, provide us all the equipment, information, documents which are useful for us to do our work and answer any questions we need. To inform us not to dispose of samples that you consider valuable. To organise return pick up within four months.
3. Acceptance :
3.1 You are taken to have exclusively accepted these terms and conditions of trade as soon as you are starting a contract with us (mostly verbal).
3.2 These terms and conditions shall only be amended with LEDLab’s agreement in writing.
4. Delays :
4.1 You must, give us a notification of any change in your details (Name, Address, contact, phone, etc…) You will be responsible for any losses due to a failure of comply with this clause.
4.2 If the work is delayed by fourteen days or more because of you, LEDLab is allowed to do a new Quotation to complete the contract. This is particularly important where you must re-design to achieve compliance or improved performance.
4.3 LEDLab will give you verbal or written notice if a delay occurs and prevent us from carrying out our obligations under the agreed contract.
4.4 This clause does not affect your obligation to pay us.
5. Price :
Although we reserve the right to do otherwise, you will not have to pay anything before the completion of work. you will be sent the invoice with the tests reports.
6. Deliveries :
You are in charge of the delivery of the products you are sending us for testing and for the return at the completion of testing. LEDLab will assist in the return particularly with Sydney clients.
7. Indemnities :
You must indemnify us in case of injury, death or damage occurring. Although we will respect all information, documents and procedures while working on your equipment.
8. In case of Disagreement :
8.1 A Disagreement between two parties does not relieve either of them of their obligations under this terms and conditions.
8.2 All disagreements shall be resolved by a negotiation in good faith.
8.3 In case of a written notification, by one of the party, of the disagreement or in case of a failed negotiation, the following conditions are applicable :
8.3.1 If both parties agree that the disagreement is suitable for an expert determination, it must be done in accordance with the Expert Determination Guidelines of the Australian Commercial Disputes Centre.
8.3.2 If after 30 days of faithful negotiation, either party concludes that the disagreement is not suitable for an expert determination, that party may start legal proceedings, giving the other party two business days prior notice of its intentions.