MECHANICAL & ENGINEERING COMPLIANCE NZ LTD (MEC)
TERMS & CONDITIONS
1. Unless otherwise agreed in writing, all commercial agreements entered upon by Mechanical & Engineering Compliance NZ Ltd (the Company) Shall be governed by these Conditions. Local Law shall predominate in specific cases where the law and these Conditions are in Variance.
2. MEC offers Welding, NDT and Equipment Inspection Services and is not obliged to address items which fall outside the agreed Scope of Work. MEC has the right to charge the client an extra sum to cover activities that are in addition to the agreed Scope of Work. It is the responsibility of the owner to ensure that all inspections necessary for the continuance of the certificate are carried out at the proper time and in accordance with the MEC inspector.
3. It is the responsibility of the Owner of the equipment to make sure that it is presented ready for inspection with access made available and any aid to the inspection (i.e., Lockable switch, scissor lift etc.) made available to the inspector. Failure to provide clear access or have the equipment prepared and ready will result in the cancellation of the inspection. The client will reimburse the Company for the costs it incurs as a result in addition to any other charges payable.
4. The Company requires that the client provide an equipment operator to operate the equipment during inspection e.g., Cranes, EWP’s, Boilers. If an operator is not provided and the client agrees that the Company’s inspector can operate the equipment during the inspection, then NO liability for damage, if any were to occur, shall be passed on to the Company.
5. MEC will give timely notice to an owner of inspections due, however in the absence of such notification, it is the owner’s responsibility to ensure that inspections are carried out to maintain certification.
6. The client undertakes to provide and maintain a safe working environment in terms of the Health & Safety at Work Act 2015 for all employees of the Company. The client shall provide the Company with all available information regarding known or potential hazards likely to be encountered by MEC staff. The Company shall take all reasonable steps to ensure that its staff comply with the Health & Safety at Work Act and any other site-specific Health & Safety conditions while on the Clients premises.
7. The reports and certificates issued by the Company are exclusively for the client unless otherwise permitted by the client or required by law and are not to be relied upon or used by any third party without the Company’s approval.
8. The Company is not responsible for the accuracy of any testing undertaken by a 3rd party or test laboratories.
9. The Company will keep confidential any report prepared for its client including any information supplied by the client or information and material gathered during the inspection process, except where required by law or the regulator. This does not apply to information which is already in the public domain or can be lawfully obtained from other sources.
10. All repairs to equipment which may be required for the equipment to retain a certificate, are to be carried out to the satisfaction of the Company's inspector. If the owner fails to carry out repairs of defects, as deemed necessary by the Company’s Inspector, the Company may refuse renewal of the certificate until rectification has been completed and re-inspected by the Company’s inspector. Where required, by regulation, such cases may be referred to Worksafe.
11. Prior to carrying out alterations or changes that may affect the safety of any item of equipment currently certified by MEC, the client undertakes to advise and supply details for review by MEC. Failure to do so may affect the validity of the certificate.
12. The client shall disclose to the Company any in-service conditions which may affect the design life of the certified equipment. Any breach of this obligation to inform may lead to the withdrawal of the Certificate.
13. Continuance of Certification is subject to compliance with the requirements of the Company and the Rules and Regulations laid down by the Regulatory Authority.
14. Any report or certificate issued by the Company does not relieve the Client of their obligations under the Health & Safety at Work Act 2015.
15. In providing services, information, or advice neither The Company nor any of its inspector’s warrants the accuracy of any information or advice supplied but undertake to exercise due care in the performance of the associated services, normally expected of a competent professional.
16. The Company shall not be liable for any delay, partial or total non-performance of the services arising directly or indirectly from any event outside the Company’s control including failure by the Client to comply with any of its obligations.
17. The Company shall have no liability for the indirect or consequential loss including, without limitation, loss of profits, loss of business, loss of opportunity, loss of goodwill and cost of product recall. It shall further have no liability for any loss, damage or expense arising from the claims of any third party (including, without limitation, product liability claims) that may be incurred by the Client.
18. In the event of any claim, the Client must give written notice to The Company within 30 days of discovery of the facts alleged to justify such claim. The Company shall be discharged from all liability for all claims for loss, damage, or expenses unless suit is brought within one year from the date of performance by the Company of the service which gives rise to the claim or date when the service should have been completed in the event of any alleged non-performance.
19. The Company has a fully documented Quality system and is organised and structured in a manner that ensures impartiality requirements are met under AS/NZS ISO/IEC 17020:2013. There is a complaint process available should the Company be deemed to have failed to provide the service to the client. A copy of the complaints process is available on request. Clients who wish to lodge a complaint may do so either verbally or by calling the Quality Manager, or in writing. The complaints process will be adhered to, and the client kept fully informed of the outcome. The Company is obliged to remain impartial in handling any complaint lodged by the client.
20. If the cost of the service is not established at the time of the order between the Company and Client, then the Company’s standard rates (which are subject to change), shall be payable by the client.
21. Payment of invoice is within 7 days unless the client has completed a credit application form, that has been accepted by the Company, then the Client will promptly pay no later than the 20th day of the month following the date of the invoice, failing to do so will have interest charged which will become due at a rate of 1.5% per month from the payment due date up to and including the date payment is received by the Company.
22. The Company retains ownership of any Certificate or Report until that Certificate or Report is paid for in full. The Company has the right to withhold or if already issued, to suspend any certificate (or report in any other case) in the event of non-payment of any fee charged in relation to the certificate or report.
23. The Company reserves the right to suspend or stop work and /or suspend or cancel any Inspection Report or certificate for a client who fails to pay an invoice.
24. The Client shall not be entitled to retain or defer payment of any sums due to the Company on account of any dispute or counter claim it may allege against the Company.
25. The Client shall not withhold payment of inspection services where the Company is unable to issue a Certificate of inspection for an item based on its unsafe condition as determined by the Company.
26. Either, the Client or the Company may terminate the provision of inspection services, either party shall give the other party not less than 30 days prior written notice of termination.