1. DEFINITIONS
For the purposes of this Agreement:
AS/NZS 3760 means the Australian/New Zealand Standard for in-service inspection and testing of electrical equipment.
Equipment means any electrical item presented by the Client for testing.
Test & Tag means visual inspection and electrical testing only, not repair or certification of fitness for purpose.
Report means the test results recorded at the time of testing.
2. SCOPE OF SERVICES
FreshCut Lawns Deniliquin will perform visual inspection and electrical safety testing of portable electrical equipment in accordance with:
Services include:
Visual inspection for obvious damage or non-compliance.
Electrical safety testing using calibrated equipment.
Attachment of compliant test tags.
Recording of results in an asset register.
Services expressly exclude:
Electrical repairs.
Alterations or modifications.
Certification of suitability for any specific task.
Assessment of internal wiring, fixed wiring, or building infrastructure.
3. CLIENT OBLIGATIONS
The Client acknowledges and agrees that:
All Equipment is supplied at the Client’s risk.
The Client is responsible for ensuring:
Equipment is safe to handle prior to testing.
Equipment is disconnected from service where required.
Equipment is clean, dry, and accessible.
The Client confirms they are the lawful owner or authorised controller of the Equipment.
The Client accepts that failure to disclose prior faults, damage, incidents, or modifications voids any reliance on results.
FreshCut Lawns Deniliquin may refuse to test any equipment deemed unsafe to handle.
4. LIMITATION OF TESTING
The Client acknowledges that:
Test & Tag identifies some electrical safety risks only.
Testing reflects the condition at the time of inspection only.
Electrical equipment may fail after testing due but not limited to:
Wear and tear
Misuse
Environmental exposure
Mechanical damage
Electrical supply issues
No warranty or guarantee of ongoing safety is provided or implied, Test & Tag does not ensure equipment is fit for purpose or suitable for any specific use.
5. FAILED EQUIPMENT
Where Equipment fails testing:
The Client accepts full responsibility for ensuring failed Equipment is not used.
6. PRICING & PAYMENT
Standard Rates (All prices exclude GST)
1 - 50 items:
Portable appliances: $6.50 per item
Extension leads: $5.50 per item
Power boards: $6.50 per item
RCD push-button test: $20.00
RCD trip-time test: $30.00
Service Fee: $120.00
Travel: $1.00 per km (including return) outside Deniliquin
51 - 200 items:
Portable appliances: $5.00 per item
Extension leads: $4.50 per item
Power boards: $5.00 per item
RCD push-button test: $18.00 per device
RCD trip-time test: $28.00 per device
Service Fee: $100.00
Travel: $1.00 per km (including return) outside Deniliquin
200+ items:
Portable appliances: $3.50 per item
Extension leads: $3.00 per item
Power boards: $3.50 per item
RCD push-button test: $15.00 per device
RCD trip-time test: $25.00 per device
Service Fee: $80.00
Travel: $1.00 per km (including return) outside Deniliquin
Payment terms for all invoices:
Invoices payable within 7 days
Late payment fee: 10%
Reports may be withheld until payment is received
If payment is not received by the due date, FreshCut Lawns Deniliquin reserves the right to engage a debt collection agency or take legal action to recover the outstanding amount. All reasonable costs incurred in recovering the debt, including debt collection fees and legal costs, will be payable by the Client.
7. LIABILITY LIMITATION
To the maximum extent permitted by law:
FreshCut Lawns Deniliquin is not liable for:
Injury, loss, or damage arising from Equipment use or through the process of compleating a Test & Tag service.
Business interruption or loss of income.
Subsequent electrical failure.
Total liability is strictly limited to the value of the service fee paid.
No liability is accepted for:
Consequential or indirect loss.
Acts or omissions of third parties.
Client failure to comply with WHS obligations.
8. INDEMNITY
The Client fully indemnifies FreshCut Lawns Deniliquin against all claims, losses, damages, penalties, or proceedings arising from:
Continued use of failed or untested equipment.
Misuse or modification of tested equipment.
Failure to comply with WHS legislation.
Reliance on Test & Tag results beyond their intended purpose.
9. WORKPLACE SAFETY
The Client must, at all times, provide and maintain a working environment that is safe and without risks to health, in accordance with all applicable workplace health and safety legislation, including but not limited to the Work Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2017 (NSW), Occupational Health and Safety Act 2004 (Vic), and Occupational Health and Safety Regulations 2017 (Vic), as applicable.
Without limiting the Client’s obligations, the Client must:
a) Provide a safe workplace, including safe access to and egress from all areas where the services are to be performed;
b) Identify, assess, and control all hazards prior to commencement of work, including (but not limited to) electrical hazards, environmental conditions, plant and equipment risks, slips, trips, falls, and manual-handling hazards;
c) Ensure no live electrical work is required and that all equipment is isolated, disconnected, or otherwise made safe where reasonably necessary to allow testing to be carried out safely;
d) Ensure all equipment presented for testing is located in a dry, stable, adequately lit, and reasonably clean area, free from obstruction, contamination, or conditions that could pose a risk to health or safety;
e) Ensure that all other safety measures, controls, systems of work, supervision, procedures, and protective mechanisms that would be reasonably expected of a person conducting a business or undertaking (PCBU) or employer, under applicable workplace health and safety laws, are in place, maintained, and effective;
f) Ensure compliance with all applicable workplace safety legislation, Australian Standards, codes of practice, site-specific safety policies, and any lawful or reasonable safety direction issued by FreshCut Lawns Deniliquin.
FreshCut Lawns Deniliquin reserves the right to immediately suspend or cease work, without penalty, where in its reasonable opinion unsafe conditions exist or required safety measures have not been implemented. In such circumstances, all fees incurred up to the time of suspension or cessation, including call-out fees, remain payable by the Client.
10. SITE ACCESS & EQUIPMENT ACCESSIBILITY
Where equipment is not easily accessible, including but not limited to equipment stored in confined spaces, elevated locations, locked areas, behind fixtures, within plant or machinery, or where relocation, unpacking, isolation, or reconfiguration is required, FreshCut Lawns Deniliquin may charge an additional labour fee of $100.00 per hour (or part thereof).
11. RECORD KEEPING
Records are retained for 5 years.
Copies may be provided upon request.
Reports are administrative records only and not certificates of compliance.
12. RECURRING TESTING, AUTOMATIC REBOOKING & CLIENT RESPONSIBILITY
FreshCut Lawns Deniliquin may, as a courtesy and without obligation, automatically schedule future Test & Tag services when equipment testing is due in accordance with applicable standards or prior testing intervals.
The Client acknowledges and agrees that:
a) Automatic rebooking is provided for convenience only and does not transfer or reduce the Client’s obligation to ensure all electrical equipment remains tested, tagged, and compliant at all times;
b) The Client remains solely responsible for monitoring test expiry dates, ensuring ongoing compliance, and requesting testing where tags have expired, been removed, or become illegible;
c) FreshCut Lawns Deniliquin will automatically rebook future testing unless the Client provides written notice of cancellation prior to the scheduled service date;
d) Where the Client cancels an automatically rebooked service, the cancellation terms set out in this Agreement apply, including any applicable cancellation fees;
e) FreshCut Lawns Deniliquin accepts no liability for non-compliance, expired tags, or missed testing intervals, including where automatic rebooking has been offered, scheduled, or attempted.
For the purposes of this clause, written notice means notice provided by email or other written communication reasonably capable of being retained and reproduced.
13. CANCELLATION
Less than 24 hours’ notice: $80 cancellation fee
Unsafe site conditions: the Client agrees that the full service fee is payable, in addition to all Test & Tag charges incurred up to the time work ceases, including additional labour charges and any time required to safely leave the site.
14. GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the Australian State or Territory in which the Services are performed. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.
15. ENTIRE AGREEMENT
This document constitutes the entire agreement and overrides all prior discussions or representations.
