Before disputed goods are tested, agree how the sample is handled

A test result needs an identifiable sample

The supplier is suing for payment and you want a laboratory report showing that the delivered goods were unsuitable. Before sending anything away, discuss the proposed test with your lawyer and a qualified technical adviser. A report about an unidentified sample may leave an important question unanswered: whether the tested material actually came from the disputed delivery.

Start with the batch on site

Imagine a contractor holding several packs of similar flooring from different suppliers. Record the labels, batch numbers, delivery references and storage locations before selecting a sample. Photograph the packaging and explain any mixing or movement that has already occurred. Do not present a convenient leftover piece as representative of the whole disputed shipment without technical support.

Keep the handling record intact

business.gov.au recommends accurate and secure business records. Apply that discipline to the supporting file: identify who collected the sample, when it left the site and who received it. Retain the laboratory's submission form and receipt alongside the delivery evidence. These practical records support an explanation of the process; they do not determine whether a court will accept the evidence.

Source: business.gov.au: Record keeping

Ask what the proposed test can establish

Give the adviser the specification actually agreed with the supplier. Ask which question the test addresses and what limitations apply. A measurement of one property may not establish a different performance problem. If testing will consume or alter the sample, obtain advice about preservation, inspection opportunities and any applicable procedural requirements before proceeding.

Keep unexpected results in the file

In the flooring example, the results might support only part of the complaint or reveal uncertainty about storage conditions. Preserve the complete report and instructions, including inconvenient findings. Seek advice before commissioning further work. Repeated tests selected solely for a favourable answer can produce expense without resolving the underlying factual disagreement.

Use the report within the wider response

Provide the lawyer with the sampling record, full report, order and delivery documents together. Ask how the technical evidence fits the supplier's pleaded claim and the required court response. Testing should have a defined purpose, budget and timetable. It should not become a reason to leave proceedings unattended while everyone waits for a result.