Terms of service

Website Terms of Access

This Website (refer to in these Terms of Access as the 'Website') is owned and operated by Test and Tag Supplies Pty Ltd on the World Wide Web
The material on the Website is copyright 2024 Test and Tag Supplies Pty Ltd and/or other copyright owners.

The Website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below/on this linked page. By continuing to access the Website you are agreeing to the terms and conditions set out below.

Use of material on the Website

Except for the limited use set out in paragraph 2 you may not use the Website, or the material contained on it, for any purpose. This involves:

The reproduction of the material in any material form.
The distribution of the material in any material form.
Re-transmission of the material by any medium of communication.
Uploading and/or reposting the material to any other site on the WWW.
The material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

You may not modify or copy:

The layout of the Website; and
Any computer software and code contained in the Website.

Test and Tag Supplies Pty Ltd reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:

Re-sold and/or re-distributed in any material form.
Stored in any storage media; and/or
Re-transmitted in any media.

Links to other Websites

The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of Test and Tag Supplies Pty Ltd.

In relation to the other sites on the WWW, which are linked to the Website, Test and Tag Supplies Pty Ltd:

Provides the links to other sites and as a convenience to you and the existence of a link to other sites does not imply any endorsement by Test and Tag Supplies Pty Ltd of the linked site; and
Is not responsible for the material contained on those linked sites.

7. Test and Tag Supplies Pty Ltd is making the Website available for others to publish information without assuming a duty of care to users. Test and Tag Supplies Pty Ltd is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.

8. To the full extent permitted by law Test and Tag Supplies Pty Ltd disclaims any and all warranties, express or implied, regarding:

The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
Merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.

9. Test and Tag Supplies Pty Ltd will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequences of you:

Acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
Using or acquiring, or your inability to use or acquire, and service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2

10. Test and Tag Supplies Pty Ltd does not warrant guarantee or make any representation that:

The Website, or the server that makes the site available on the WWW are free of software viruses
The functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
Errors and defects in the Website will be corrected.

11. Test and Tag Supplies Pty Ltd is not liable to you for:

Errors or omissions in the Website, or linked sites on the WWW
Delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
Defamatory, offensive or illegal conduct of any user of the Website, whether caused through negligence of Test and Tag Supplies Pty Ltd, its employees or independent contractors, or through any other cause.

12. You agree to accept the full costs of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of Liability

13. Disclaimer 1 and/or Disclaimer 2 may not apply to you in jurisdictions in which limitation on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law Test and Tag Supplies Pty Ltd’s liability for any implied warranty or condition is limited, at the choice of Test and Tag Supplies Pty Ltd to one or more of the following:

If the breach of an implied warranty or condition relates to services:
1. The supply of the services again; or
2. The payment of the cost of having the services supplied again.
If the breach of an implied warranty or condition relates to goods:
1. The replacement of the goods or the supply of equivalent goods;
2. The repair of the goods
3. The payment of the costs of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of the information gathered

14. Test and Tag Supplies Pty Ltd and/or people authorized by it may gather and process the information:

Which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
Regarding the way in which you use the website including, without limitation, information acquired through the use of cookies; programmed during the accessing of the Website.

15. Test and Tag Supplies Pty Ltd may authorize others to offer you goods and services using the information acquired through (a) and (b) above.

Termination of access

16. Test and Tag Supplies Pty Ltd may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and Test and Tag Supplies Pty Ltd has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Alteration of Terms of Access

17. Test and Tag Supplies Pty Ltd reserves the right to change these Terms of Access:

With or without further notice to you; and
Without giving you any explanation or justification for such change.

Relevant jurisdiction

18. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be servable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

19. This Agreement will be governed by and interpreted in accordance with the laws of Queensland, without giving effect to any principles of conflicts of laws.

20. You agree to the jurisdiction of the Courts and the laws of the State of Queensland to determine any dispute arising out of this Agreement.

Conditions of Sale

Interpretation

In these conditions:

“Seller” means Test & Tag Supplies Pty Ltd (Test & Tag), the seller of the goods.
“Buyer” means the purchaser of the goods specified overleaf.
“Goods” means the products and, if any, services specified overleaf.
“Training” means the training specified overleaf.
“Website” means www.testandtagsupplies.com.au.
Nothing in these conditions shall exclude, restrict, or modify any condition, warranty, guarantee, right, or remedy implied by law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted, or modified.

General

2. These conditions (which shall only be waived in writing signed by the seller) shall prevail over all conditions of the buyer’s order to the extent of any inconsistency.

Terms of Sale

3. The goods and all other products sold by the seller are sold on these terms and conditions.

Seller’s Quotations

4. Unless previously withdrawn, seller’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within 7 days only after its date. The seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.

5. Prices quoted are inclusive of GST and delivery unless indicated.

Packing

6. The cost of any special packing and packing materials used in relation to the goods is at the buyer’s expense notwithstanding that such cost may have been omitted from any quotation.

Shortage

7. The buyer waives any claim for shortage of any goods delivered if a claim for short delivery has not been lodged with the seller within seven (7) days from the date of receipt of goods by the buyer.

Specifications, Drawings, etc.

8. Any performance figures given by the seller are estimates only. The seller is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to recognized tolerances applicable to such figures.

9. The nature and duration of any training to be provided are specified overleaf.

10. The Seller does not warrant that any training provided will consist of all required training for any particular good.

11. Training provided by the seller in relation to product usage will only consist of product training and will not consist of skills training.

Delivery

12. (a) The delivery times made known to the buyer are estimates only, and the seller is not liable for late delivery or non-delivery.
(b) The seller is not liable for any loss, damage, or delay occasioned to the buyer or its customers arising from late or non-delivery or late installation of the goods.
(c) The seller may, at its option, deliver the goods to the buyer in any number of installments unless there is an endorsement overleaf to the effect that the buyer will not take delivery by installments.
(d) If the seller delivers any of the goods by installments, and any one of those installments is defective for any reason:

It is not a repudiation of the contract of sale formed by these conditions.
The defective installment is a severable breach that gives rise only to a claim for compensation.

Loss or Damage in Transit

13. (a) The seller is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit.
(b) The seller must provide the buyer with assistance as necessary to press claims on carriers so long as the buyer:

Has notified the seller and the carriers in writing immediately after loss or damage is discovered on receipt of goods.
Lodges a claim for compensation on the carrier within three (3) days of the date of receipt of the goods.

Seller’s Liability

14. (1) The seller’s liability for goods manufactured by it is limited to making good any defects by repairing the defects or at the seller’s option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched so long as:

Defects have arisen solely from faulty materials or workmanship.
The goods have not received maltreatment, inattention, or interference.
Accessories used by the buyer are manufactured by or approved by the seller.
The seals on the goods remain unbroken.
The defective parts are promptly returned free of cost to the seller.

14. (2) If the goods are not manufactured by the seller, the guarantee of the manufacturer of those goods is accepted by the buyer.

14. (3) The seller is not liable for faulty or defective design of any goods supplied unless such design has been wholly prepared by the seller and the responsibility for any claim has been specifically accepted by the seller in writing.

14. (4) Except as provided in these conditions, all express and implied warranties, guarantees, and conditions under statute or general law are expressly excluded.

15. The seller’s liability for a breach of a condition or warranty implied by the Competition and Consumer Act 2010 is limited.

16. The seller’s liability under the Competition and Consumer Act 2010 is expressly limited to a liability to pay to the purchaser an amount equal to the cost of replacing the goods, obtaining equivalent goods, or having the goods repaired, whichever is the lowest amount.

Prices

17. (a) Unless otherwise stated, all prices quoted by the seller are inclusive of Goods and Services Tax (GST).
(b) Prices quoted are those ruling at the date of issue of quotation.
(c) If the seller makes any alterations to the price of the goods, these alterations are for the buyer’s account.

Payment

18. (a) Payment must be received by Test & Tag prior to dispatch of the good or provision of the services or training.
(b) Payment must be made in the manner specified overleaf or through the Website.

Rights in Relation to Goods

19. The seller reserves rights in relation to the goods until all accounts owed by the buyer to the seller are fully paid.

20. Any property of the buyer under the seller’s possession, custody, or control is at the buyer’s risk as regards loss or damage caused to the property.

Storage

21. The seller reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the buyer within fourteen days of a request by the seller for such instructions.

Returned Goods

22. (a) The seller will accept goods returned by the buyer only on terms to be agreed in writing in each individual case.
(b) If the seller agrees to accept returned goods from the buyer, the buyer must return the goods to the seller at the seller’s place of business.

Goods Sold

23. All goods to be supplied by the seller to the buyer are as described on the purchase order agreed by the seller and the buyer.

Cancellation

24. No order may be canceled except with consent in writing and on terms which will indemnify the seller against all losses.

Place of Contract

25. (a) The contract for sale of the goods is made in the state or territory of Australia from which this document is issued.
(b) The parties submit all disputes arising between them to the courts of such state or territory.

Repair, Calibration & Inspection Terms and Conditions

These Repair, Calibration & Inspection Terms and Conditions (“Repair Terms”) apply to all goods submitted to Test & Tag Supplies Pty Ltd (“Test & Tag”, “we”, “us”, “our”) for inspection, calibration, diagnosis, repair, replacement, or related services.

By submitting goods to Test & Tag for repair, calibration, or inspection, you agree to be bound by these Repair Terms in addition to our general Conditions of Sale and Website Terms.

1. Scope of Services

1.1 These Repair Terms apply to all goods submitted for:

Inspection and fault diagnosis

Calibration services

Repair services

Repair by replacement

Assessment of product condition, functionality, or compliance

1.2 Some inspection, calibration, or repair work may require assessment, testing, or repair by third-party service providers, including manufacturers, authorised repairers, or specialist technicians.

1.3 Submission of goods does not guarantee that a repair, replacement, or calibration can or will be performed.

2. Initial Inspection

2.1 No charge applies for the initial inspection where the total inspection and diagnostic time carried out by Test & Tag does not exceed thirty (30) minutes.

2.2 The initial inspection is limited to a preliminary assessment to determine:

The presence or absence of a fault

Whether calibration, repair, replacement, or further assessment may be required

Whether the goods appear repairable or serviceable

3. Labour, Inspection Time, and Service Charges

3.1 Inspection, diagnostic, calibration, repair, and assessment work is generally charged on a time-spent (hourly) basis, unless otherwise agreed in writing.

3.2 Where inspection, diagnostic, or fault-finding work is equal to or exceeds thirty (30) minutes, a service or inspection charge may apply to reflect the time spent assessing the goods beyond the initial free inspection period.

3.3 The service or inspection charge represents the minimum labour charge for inspection and assessment work performed beyond the initial thirty (30) minutes.

3.4 The service or inspection charge may apply where additional time is required due to, but not limited to:

Complex, intermittent, or multiple faults

Disassembly and reassembly

Extended testing or measurement

Prior modification, damage, or misuse

Incomplete or inaccurate information provided with the goods

3.5 Where the customer elects to proceed with a quoted repair or repair by replacement, any applicable service or inspection charge will be waived and absorbed into the overall repair or replacement labour cost.

3.6 Where the customer does not proceed with a repair or repair by replacement:

Any applicable service or inspection charge remains payable.

3.7 Inspection and labour charges may apply regardless of outcome, including where:

No fault is found

The goods are deemed uneconomical or unsafe to repair

Repair or replacement is declined by the customer

4. Third-Party Inspection, Repair, Labour, and Freight

4.1 Where Test & Tag reasonably determines that specialist assessment or repair is required, goods may be referred to a third-party service provider.

4.2 Third-party services may be required where:

Manufacturer-specific testing or repair is needed

Warranty status must be confirmed

Safety, compliance, or calibration requirements exceed in-house capabilities

4.3 Any third-party inspection, assessment, or repair costs (including labour charged on a time-spent or hourly basis) may be charged to the customer, unless otherwise agreed in writing.

4.4 Freight, courier, or transport costs associated with sending goods to or from third-party service providers may also be charged to the customer.

4.5 Third-party inspection, labour, and freight charges are generally not waived, even where:

No fault is found

Repair is declined

Repair or replacement is not possible

4.6 Where a third-party inspection, assessment, repair, or associated freight is expected to incur materially higher costs, Test & Tag will seek the customer’s approval before proceeding.
Approval may be obtained by email, telephone, or other reasonable means of communication.

4.7 Test & Tag is not responsible for delays caused by third-party service providers or freight carriers.

5. Repair, Replacement, and Calibration Quotes

5.1 Where applicable, Test & Tag may provide a quote for repair, replacement, or calibration following inspection or third-party assessment.

5.2 Quotes are valid for the period stated in the quote or, if not stated, for seven (7) days from the date of issue.

5.3 If a quote is declined:

The goods may be returned unrepaired, and

Any applicable inspection, labour, third-party, or freight charges remain payable.

5.4 Where a customer declines a repair or replacement quote, the goods may be returned unrepaired and may be marked, labelled, or otherwise identified as “out of service”, “faulty”, or “not serviceable”. Test & Tag makes no representation that such goods are safe, functional, or suitable for use unless and until the recommended repair, replacement, or calibration is carried out.

6. Uneconomical or Unrepairable Goods

6.1 Test & Tag may determine, acting reasonably, that goods are:

Uneconomical to repair

Unsafe to repair

Beyond serviceable condition

6.2 In such cases:

Inspection, labour, third-party, and freight charges may still apply

Test & Tag is not obliged to proceed with repair, replacement, or calibration

7. Repair Warranty

7.1 Repairs carried out by Test & Tag are warranted for a period of ninety (90) days from the date of completion, limited solely to the specific fault repaired and the parts and labour directly associated with that repair.

8. Payment

8.1 All applicable inspection, labour, third-party, freight, repair, replacement, and calibration charges must be paid prior to the return or release of goods, unless otherwise agreed in writing.

8.2 Test & Tag reserves the right to retain possession of goods until payment is received in full.

9. Storage and Uncollected Goods

9.1 Test & Tag reserves the right to charge reasonable storage fees for goods not collected within fourteen (14) days of notification that the goods are ready for collection or return.

9.2 Goods remaining uncollected after reasonable notice may be disposed of in accordance with applicable laws.

10. Risk and Liability

10.1 Goods submitted for inspection, repair, replacement, or calibration (including third-party services and freight) are held at the customer’s risk, except to the extent required by law.

10.2 Nothing in these Repair Terms excludes, restricts, or modifies any consumer guarantees or rights under the Competition and Consumer Act 2010 (Cth) that cannot be lawfully excluded.

Section 11 – Governing Law

11.1 These Repair Terms are governed by the laws of Queensland, Australia, and the Commonwealth of Australia, as applicable.

11.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland.