Terms and Conditions
STANDARD CONDITIONS OF QUOTATION AND SALE
The conditions listed below will apply to the sale of all goods and services provided by Protoblast Company. The purchaser acknowledges being aware of and agreeing to all these conditions, other than those specifically excluded in writing by Protoblast Company.
Quotations are subject to confirmation on receipt of the purchaser’s order.
2.1. Prices are firm and valid for thirty days from date of offer unless stated otherwise in the quotation.
2.2. The prices quoted do not include the cost of transport, unloading, installation and commissioning unless specifically indicated otherwise in the quotation.
2.3. The prices quoted do not include any Sales Tax, GST or other government fees, which must be charged extra if a signed confirmation order with tax exemption details completed is not received within 7 days of the purchaser placing an order.
2.4. Should there be any variation in details, size, quantity, delivery instructions or any other item or matter on which the quotation is based Protoblast Company reserves the right to revise and amend the contract price accordingly.
3.1. An order, once accepted by Protoblast Company, may not be cancelled or altered except upon terms and conditions satisfactory to Protoblast Company, which in the case of cancellations, may include the payment of a cancellation fee which includes all expenses incurred by way of labour, materials, services, overhead expenses, fees, duties, taxes and loss of profit.
3.2. An order placed by the purchaser shall, when accepted by Protoblast Company, give rise to a binding contract which shall include all the terms and conditions set out herein and no variation of the terms of that contract shall be binding upon Protoblast Company unless in writing and signed by an authorized representative of the company.
3.3. Protoblast Company reserves the right to reject any order placed by the purchaser involving conditions which conflict with those set out herein and which have not been agreed to in writing by an authorized representative of the company.
It is the purchaser’s responsibility to effect whatever insurance cover he requires at his own expense.
5.1. It is the purchaser’s responsibility to arrange for transport of equipment purchased from Protoblast Company to its desired location, including obtaining of any necessary permits from government authorities and arranging of cranage for unloading, unless specifically indicated otherwise on the quotation.
5.2. Protoblast Company is not liable for any damage or loss that occurs while equipment is in transit, it is the purchaser’s responsibility to provide for such exigencies as appropriate.
6.1. Delivery times are quoted in good faith and as accurately as can be estimated, but are not guaranteed.
6.2. The period quoted for delivery and completion commences after the receipt by Protoblast Company of all particulars, specifications, drawings, technical data, approvals or information affecting the execution of the order.
6.3. Delivery times quoted are subject to adjustment due to a change in circumstances between the time of the quotation and the time of receipt of the order, such as orders placed on Protoblast Company by other parties in that time or a change in stock levels by suppliers of Protoblast Company.
6.4. With regards to items quoted which are not of Protoblast Company’s manufacture, the times quoted are based on the supplier’s promised delivery or upon the best estimate of delivery time. Protoblast Company cannot accept responsibility for delays which result from the failure of a supplier to deliver within the promised or estimated time.
6.5. Protoblast Company will not accept liability for penalties or damages, either direct or indirect, for the failure to deliver within the time or by the dates quoted, unless expressly agreed to in writing. Notwithstanding the fact that such an agreement is made, in no event will Protoblast Company be liable for any failure or delay in delivery if such delay or failure is caused by any act, matter or circumstance out of its control.
6.6. If the purchaser requests to Protoblast Company to postpone delivery of any item and such a request is accepted, or if the purchaser delays in accepting or fails to accept any item, then:
a) The purchaser shall pay all costs involved in dismantling, storing, preserving, transporting and insuring that item, including the payment of a stocking fee if the item is to be stored in Protoblast Company’s works, and the risk of any loss or damage to that item shall be borne by the purchaser.
b) If any condition or warranty that the delivery of the item will be made by a certain time has been given, then that condition or warranty shall become void.
6.7. The purchaser shall inspect all goods or services provided by Protoblast Company immediately upon delivery or installation and if not satisfied that the goods or services are in accordance with the contract shall within seven days give notice in writing of any matter or thing by reason whereof the goods or services are defective. In the case of failure to give such notice, the goods delivered or services undertaken by Protoblast Company shall be in all respects in accordance with the contract.
7. Scope of works
The goods or services supplied by Protoblast Company will comprise only those detailed on the question. Extra works such as supply of electricity or compressed air to the point of entry on the equipment, or the provision of exhaust stacks, access platforms and other ancillary equipment is the responsibility of the purchaser unless specifically indicated on the quotation.
8. Surface finish
All items of equipment supplied by Protoblast Company will be delivered prime-coated on external surfaces only, except for items exposed to abrasion which will be delivered uncoated. An alternative coating system will only be used if specifically agreed to in writing by an authorized representative of Protoblast Company.
9. Site work
9.1. Any assembly, installation and commissioning on site of equipment supplied by Protoblast Company is the responsibility of the purchaser unless indicated otherwise on the quotation. It is the purchaser’s responsibility to ensure that any such work done by him or on his behalf by other parties is done in accordance with instructions given by Protoblast Company representatives or as detailed in manuals or other notes given by Protoblast Company or its authorized agents.
9.2. When sitework is to be done by Protoblast Company personnel, this will be in normal working hours – 7.00am to 5.00pm, Monday to Friday. Sitework will not be undertaken on weekends, or at night or on public holidays without prior agreement with the Protoblast Company management.
9.3. If sitework is to be carried out by Protoblast Company personnel, it is the responsibility of the purchaser to ensure that both 415V, 3 phase, 50Hz A.C. power and 240V, 1 phase, 50Hz A.C power are available at site, free and within thirty metres of the work location or site of the item.
9.4. The area where the erection or installation work is to be carried out must be free of obstruction and accessible to Protoblast Company personnel at all times during the period of such erection or installation.
9.5. If the installation work carried out by Protoblast Company includes the running of electrical or compressed air lines to working parts of the equipment, this will only be done from the central point of entry of electrical power or compressed air (such as an electrical or pneumatic control board) supplied with the equipment. Connection of electricity or compressed air to the point of entry will remain the responsibility of the purchaser unless specifically indicated on the quotation.
9.6. Where the civil works or other site preparation by the purchaser deviates from that specified by Protoblast Company, the purchaser shall be liable for any expenses incurred by Protoblast Company as a result, including loss of time, and will rectify the problem at the purchase’s expense if so directed by Protoblast Company representatives.
9.7. The purchaser will provide all necessary cranage or other handing equipment necessary to allow installation to proceed safely and without delays.
9.8. Should site conditions, interference, actions, events or other circumstances beyond the control of Protoblast Company cause additional expenses to be incurred these will be to the purchaser’s account.
10.1.Payment terms shall be as detailed in the quotation. Variations to these terms are only possible if agreed to in writing by an authorised representative of Protoblast Company.
10.2. In the event of delivery or installation of goods supplied by Protoblast Company being delayed at the purchaser’s request, payment of the outstanding amounts shall proceed as if the delivery or installation had been made at the agreed time.
10.3. Interest shall be payable by the purchaser on overdue accounts at a rate equivalent to the current Westpac Reference Rate calculated on a daily basis.
10.4. In the event that the purchaser delays in making agreed payments to Protoblast Company, delivery of the goods or services being paid for may be delayed by a corresponding period of time.
10.5. In the event that payment is not satisfactorily made by the purchaser in accordance with the terms hereof, including the payment of any interest, and as a result of that default Protoblast Company incurs additional expenses to recover the outstanding amount (including but not limited to charges by a collection agency and/or legal costs on a solicitor/client basis) then the purchaser shall be liable to pay such costs and expenses as a liquidated sum. A certificate issued by Protoblast Company in relation to such costs and expenses shall, except in the case of manifest error, be conclusive evidence of the cause, reasonableness and amount of the expenditure.
11. Property and risk
11.1. Risk in respect of any item covered by the quotation shall pass to the purchaser as soon as that item leaves the Protoblast Company works. Neither possession nor property in respect of such item shall pass to the purchaser until payment has been received in full for that item and such payment has been credited to Protoblast Company’s bank account without reservation.
11.2. In the event that payment for any item supplied by Protoblast Company is not received, Protoblast Company reserves the right to retake possession of that item at any time and the purchaser hereby irrevocably authorizes Protoblast Company representatives to enter the premises upon which the item is located for the purpose of so retaking possession of the same, and the purchaser indemnifies and agrees to keep Protoblast Company indemnified in respect of all costs, losses, damages and other expenses incurred by Protoblast Company or any other party as a result of such action being taken.
11.3. Protoblast Company reserves the right to withhold delivery of any item for which satisfactory payment in accordance with the terms of the contract has not been received, and to sell such an item or any item that has been repossessed to any other party, at such time and at such a price as the Protoblast Company management sees fit.
12. Warranties and liability
12.1. Items manufactured and supplied by Protoblast Company are warranted against all defects arising from faulty materials or workmanship for a period of twelve months, unless otherwise specified in the quotation. This warranty does not cover:
a) Items purchased in whole or in part from another supplier by Protoblast Company, and included in equipment supplied by Protoblast Company. The warranty for these items will be the same as that provided by the original supplier or manufacturer, if a warranty was provided, and will be subject to the terms and provisions specified by that supplier or manufacturer.
b) Items subject to normal wear and tear, which in the case of abrasive blast equipment, includes any failure or deterioration resulting from blast abrasion.
c) Items which have not been properly maintained in accordance with normal workshop practice or as specified in any manual or notes or oral instructions supplied by Protoblast Company.
d) Items which have been misused, overloaded, used for other than their intended purpose, used by unauthorized or unqualified persons, or repaired by unauthorized or unqualified persons.
12.2. Items covered by warranty will be repaired or replaced free of charge provided that
a) The purchaser gives notice of the defect as soon as he becomes aware of it.
b) The defect is not in design or specification specially stipulated or required by the purchaser.
c) The defective item, if capable of delivery, is returned to Protoblast Company’s works carriage paid, unless otherwise agreed by an authorised representative of Protoblast Company.
d) If the defect is to be repaired on site this will only be done at a time and during hours convenient to Protoblast Company and as specified by representatives of Protoblast Company.
12.3. Protoblast Company will not accept any liability for consequential losses, damage or any expense whatsoever arising out of or in consequence of any fault or defects.
12.4. All warranties will be invalidated by failure on the part of the purchaser to honour terms of payment or these Standard Conditions in any way.
12.5. Warranties covering items supplied by Protoblast Company to the purchaser cease as soon as the ownership of these items passes to a party other than the original purchaser.
13. Government approvals
Unless specifically indicated to the contrary on the quotation, the purchaser shall at its cost obtain all government consents, approvals and licences required to be obtained by the purchaser for the formation of this agreement or its performance and the purchaser warrants that such approvals consents and licences shall be in existence and current at the required times.
14.1. On placing an order for equipment supplied by Protoblast Company or one of its authorised distributors the purchaser guarantees that:
a) The equipment will be installed, operated and maintained by qualified personnel familiar with the equipment and its operation and maintenance requirements as detailed in any relevant manual supplied by Protoblast Company.
b) Personnel installing, operating and maintaining the equipment will adhere to all rules, regulations and requirements for safe working practice, including wearing appropriate protective clothing (including hearing and sight protection) and using appropriate safety equipment.
c) Personnel installing, operating and maintaining the equipment will work in suitable conditions of temperature and visibility.
d) Personnel operating and maintaining the equipment will have an adequate respiratory air supply free of silicia, lead, carbon monoxide and other hazardous substances and this respiratory air supply will be fitted with all necessary filters, conditioners, alarms or other equipment required to maintain it in suitable condition and alert the personnel if any deterioration in its condition occurs.
14.2. No unauthorised or unqualified person should operate, maintain or encroach on the working area of any equipment supplied by Protoblast Company.
14.3. Equipment supplied by Protoblast Company must not be misused, overloaded or used for any purpose or application other than that for which it was supplied, as detailed in the question.
14.4. Protoblast Company can accept no liability for any injury, damaged or loss resulting from the use of the equipment by unauthorised or unqualified personnel, or for a purpose or matter differing from that originally specified.
15. Plans and designs
15.1. The purchaser shall not use any plans, designs, instructions, specifications, charts or other information provided by Protoblast Company for other than the specific purpose for which they were given by Protoblast Company.
15.2. No plans or designs will be provided by Protoblast Company for any items manufactured or supplied by the purchaser other than those items specifically detailed in the quotation. The cost of any extra design work must be borne by the purchaser.
15.3. Any plans provided for foundations, pits or other civil works required for equipment supplied by Protoblast Company will be outline drawings only, unless specifically indicated otherwise. It is the responsibility of the purchaser to ensure that any such works are adequate in strength, appropriately water proofed and generally suitable to take the equipment. Protoblast Company can accept no responsibility for any defects in the design or construction of these works.
Operating performance of machines supplied by Protoblast Company is based on parameters which can be reasonably expected to apply to the product or operation in question, and is not guaranteed to cover every situation.
Last updated 21 September 2018.