Terms & Conditions
Definition
“The Company” refers to Pacific Fluid Technologies or any related corporation within the meaning of the Companies Code to which the order or inquiry has been placed. “Product” refers to goods manufactured, sold, or distributed by the Company.
Terms
This quotation remains valid for thirty (30) days from the date of issuance and is not an offer but is subject to confirmation upon acceptance of an order.
The Company will not accept retentions, warranties, liquidated damages, or other conditions of the contract unless specified with the inquiry and expressly accepted by the Company in writing.
Upon receipt of goods, customers are required to inspect them before signing delivery documents. Claims regarding shortages, workmanship, or damage during transit may only be recognized if submitted in writing within 14 calendar days after the invoice date. Failure to notify within this period renders all payments due and payable as per Clause 10.
Testing and inspection, if specified by the Purchaser or their agent and agreed upon by the Company in writing, shall occur at the Company’s works and shall be deemed final. The Company is not responsible for the associated costs.
When the Company carries out work on a Purchaser’s premises, the Company shall not be liable for any loss or damage arising from hazards specific to the premises or imported into them due to the nature or methods of the work, unless the Purchaser or its contractors have previously notified the Company in writing of such hazards.
Prices
Goods & Services Tax (GST) applies to all prices in accordance with current legislation. Unless stated otherwise, all prices are net exclusive of GST from the Company’s premises. Quoted prices are based on current operating costs, material costs, exchange rates, and government duties and charges, plus GST. Any increases in these costs will result in proportional increases in prices.
Prices quoted based on Bills of Quantities are subject to the quantities delivered. The Company reserves the right to adjust prices if the quantity is reduced. GST applies to the
final charge.
Crating or Packing is at the Company’s discretion and at the Purchaser’s cost unless otherwise specified. GST applies to crating and packaging charges.
Delivery
Unless specified otherwise, delivery is EXW, Incoterm 2020 from the Company’s NSW warehouse. GST applies to freight charges.
Quotations for material delivered from stock are subject to prior sales.
Delivery will be made to the best of the Company’s ability but may be subject to delays beyond the Company’s control. No responsibility will be accepted for such delays.
Delivery dates quoted are subject to the availability of materials and information, including critical dimensions from the client. The Company’s responsibility for delivery ceases once the goods are dispatched, unless otherwise stated.
Registered Designs, Trademarks & Patent
When goods not of the Company’s design are ordered, the Purchaser guarantees that the
Company shall not be liable for any infringements and agrees to indemnify the Company.
The Company does not guarantee the quality or fitness of any material or component
manufactured to purchaser’s drawings.
Drawings
The Company does not warrant the accuracy of any drawings submitted with quotations. All drawings remain the property of the Company and are confidential. They shall only be used for aiding business between the Purchaser and the Company.
Orders include one set of the Company’s standard instructions and prints. Additional copies are available at the Purchaser’s expense. GST applies to this expense.
Product Amendment
The Company reserves the right to amend the design of any Product without notification.
Guarantee
Unless agreed otherwise in writing, the Company guarantees Products against faulty workmanship and/or material for twelve (12) months from the date of delivery or commissioning. The Company’s liability is limited to replacement of defective parts. All implied warranties are negated.
Terms of Payment
Payment, including GST, is in advance unless agreed otherwise. Late payments will incur interest at 3% per month.
Cancellation of Orders & Goods Return
Cancellation of order(s) will be accepted only with the express permission of the Company. A cancellation fee will be charged on the nett selling price to the Purchaser where non-recoverable work and costs have been performed by the Company up to the date of cancellation. GST will be levied on this fee.
For return of product, a Return Goods Authority must be issued by Pacific Fluid Technologies prior to any product return. Products that are manufactured to Customer Specification, are modified in any way, or imported specifically for an order are non-
returnable.
Performance
Any figures given for performance are based upon experience and the Company’s
expectations. The Company only accepts liability for failure to attain figures given when expressly guaranteed within specified margins. The Purchaser assumes responsibility for the capacity and performance of the goods being sufficient and suitable for their purpose.
Disputes
If any dispute shall arise in connection with the Contract which cannot be amicably settled
between the Purchaser and the Company, either party may give written notice of the existence of such a dispute and the same be referred to the arbitration of a person to be mutually agreed upon or failing agreement of some person appointed by the President of the Institution of Engineers of Australia. The award of such arbitrator shall be final and binding.
Title of Goods
Title of goods remains with the Company until full payment, including GST, is received.