GENERAL CONDITIONS OF SALE
- Terms of Sale
The price quoted will remain open for acceptance for a period of one month from the date of the quotation and will require confirmation after this period. - Delivery
Delivery periods given in a quotation are valid for one month only and must be rechecked if a longer period ensues before order placement. Delivery is subject to Force Majeure. Quoted delivery periods date from our “Confirmation of Acceptance” of your official order and unless otherwise specified, receipt of deposit. Drawing approval prior to commencement of manufacture or delays due to circumstances beyond our control may incur an extension in delivery. Delivery may be by instalments each separately invoiced for payment under our standard terms. All deliveries are quoted “ex works” and shall be made during normal working hours unless specifically mentioned in the quotation. Where drawing approval is required, turn around time is extra to normal delivery quoted.T - Terms of Payment
Unless otherwise specified
(i) Payment in full prior to shipping.
(ii) Notwithstanding anything stated above, we reserve the right to nominate special terms of payment.
(iii) No retention monies are allowed under this quotation unless specifically negotiated. - Fixed Price Contracts
When a quotation is entered on a fixed price basis (in cases where the project is of a short duration) the period of such fixed price is valid only until fourteen (14) days after the commissioning date advised on such quotation. In the event that the project is delayed by the client (whether through their fault or not) AppliedCnc Pty Ltd will have the right to payments under Rise and Fall or Prolongation Claims.
Examples under which such claims may be made include, but are not limited to,
(a) Site works required to be undertaken are not ready by the agreed date and hence installation cannot occur.
(b) Industrial disputation inhibits necessary site work.
(c) The giving of appropriate order is delayed such that the quoted commissioning date must also be delayed.
The calculation of Rise and Fall is to be in accordance with the AppliedCnc document titled "Rise and Fall".
Prolongation claim will be calculated as the additional costs of the project caused as a consequence of the project not being able to be completed by the specified commissioning date and will include the cost of storage of the project, double handling, increase in labour costs, etc. - Modifications
If additions or modifications to the services/equipment are requested by the buyer our quotation will be adjusted to such extent as may be necessary having regard to the nature and extent of such additions or modifications but subject thereto all other conditions of the quotation shall continue to apply. No modifications shall be made without signed client approval of contract change order. - Damage
Except as it is inconsistent with the body of the quotation, we will be responsible for any damage to the equipment up to the point of ex works delivery, after which it shall be at the buyer's risk in all respects. - Goods and Services Tax (GST)
GST wherever applicable is to be added to our quoted price and will be shown separately (Note: this tax is not applicable to export orders) - Warranty
(i) The equipment covered by this quotation is warranted against faulty workmanship and/or materials, subject to fair wear and tear, for twelve months from the date on which it is commissioned. If the period of time between delivery and commencement of operation is longer than six months, no liability under the terms of this warranty will be accepted unless the equipment has been inspected and approved by our Engineer at the time it is ready to commence operation, in which case the warranty period will be twelve months from the date of this inspection. The cost of such inspection is to be borne by the buyer. A mutually acceptable party may provide inspection on site, in place of our engineer.
(ii) This warranty is limited to the replacement or the repair of the faulty part at the factory where it was made and does not cover the cost of shipment to or from the factory. It does not cover any damage to other property which may have occurred due to the failure of the faulty part, or the cost of removing this faulty part from any machine or building in which it is installed and/or replacing it therein.
(iii) Although every endeavour is always made to provide suitable equipment for the operating conditions specified, this warranty specifically excludes any mechanical failure and/or loss of performance due to corrosion, erosion, build-up and like actions.
Notice in writing of any defect under the terms of this warranty must be given to us with full particulars thereof within seven days of the defect becoming apparent.
AppliedCnc reserves the right to arrange for site inspection of any claim and to obtain unencumbered access to arrange site rectification of the fault.
The supplier will obtain warranties for the period referred to in 8(i) on auxiliary components. Where the industry warranty period for such auxiliary items is less than the warranty period per clause 8(i) then every endeavour will be made to arrange extensions of such warranty to cover the longer period.
(v) Auxiliary components included in the equipment such as prime movers, power transmission equipment, electrical equipment, bearings and protective coatings are not covered by the above warranty but by the warranty, which the manufacturer extends to us. - Damages
Our liability under any contract arising out of this quotation shall be limited to the warranty contained in Condition 8 above with a total liability not exceeding the cost of the equipment, and save as aforesaid we shall not be liable in respect of the installation removal maintenance use or operation of the equipment nor for any damage caused thereby to any person or property or otherwise. - Auxiliary Components
When auxiliary components are included in the quotation and not expressly named, we reserve the right to supply from the source considered by us to be the most suitable. If the components of a nominated make are specified by you, the price will be adjusted by the difference between the cost to us of these components and that allowed by us in the quotation. - Assembly
(i) Unless particularly mentioned in the body of our quotation the price includes only that assembly carried out at our factory. When it is necessary to despatch the equipment in other than full assembled condition further work will be the client's responsibility and at the client's cost unless specifically stated in the quotation. - Law to Apply
Any contract arising out of the acceptance of the quotation shall in all respects be construed according to the laws of Victoria. - Drawings, Dimensions, etc.
All drawings, weights, dimensions and quantities submitted with our quotation are approximate, and for quotation purposes only and must not be used for construction purposes. In the event of an order being placed, certified information will be supplied if requested by you. All drawings are and shall remain the exclusive property of AppliedCnc and may be recalled. They must be considered confidential and must not be loaned, copied or otherwise used without our consent. - Cancellation Fees
In the event of order or contract cancellation by the customer a fee amounting to 7.5% of the contract value will be payable by the customer to AppliedCnc plus pro-rata percentage of work undertaken to the date of notification of cancellation which covers engineering, design, drafting, workshop, overheads and margins plus the costs in dealing with proprietary suppliers, demobilising the project team, cancellation of works in progress, making safe works to date, transfer/storage of the works in progress, etc. - Copyright/Patent
The customer provides full and total release from any or all copyright or patent claims arising from documents or drawings provided to AppliedCnc by the customer for the purposes of fulfilling the customer’s order. - Confidentiality
All our quotations, specifications, sketches and drawings remain the property of AppliedCnc. These may neither be used nor disclosed to third parties without AppliedCnc’s written authority and are to be returned upon request. - Hazardous Zone Classifications
Unless specifically described in our quotation, the equipment to be supplied by AppliedCnc is designed to be located and operated only in a non-hazardous area. AS/NZS 3000:2000 Section 7.9.2.1 states that it is the occupier’s responsibility to classify a hazardous area. It is the occupier/client responsibility to specify in writing to AppliedCnc the location of hazardous areas and their classification relative to the proposed locations for AppliedCnc supplied equipment and control panels (which may be remotely located to process equipment). - Owners Acceptance
Should Owners acceptance be required prior to ex works despatch by an approving authority appointed in Melbourne, Australia - inspection fees are to the client’s account. - Storage
Should the client be unable to accept scheduled and agreed equipment deliveries, the costs of storage, freight and all costs for relocation are to the buyer’s account.