Terms and Conditions
AST Engineering Pty Ltd’s general Terms and Conditions of sale represent a statement of contracts to supply equipment between AST Engineering Pty Ltd and its customers. All Description, Quotations, Acknowledgements, Acceptance, Sales, Proposals, Supplies, Deliveries, Performances or Offers by AST Engineering Pty Ltd, shall be governed exclusively by these Terms and Conditions. Any terms and conditions contained in customer’s Purchase Order (PO) or ROQ (Request for Quotation) which are different form, in addition to or vary AST Engineering Pty Ltd’s Terms and Conditions shall not be binding on AST Engineering Pty Ltd unless otherwise written acceptance is confirmed by AST Engineering Pty Ltd.
1.1 “Purchaser” means the Party defined as the Purchaser in the Purchase Order, or, if such definition is missing, the Party issuing the Purchase Order.
1.2 “Purchase Order” means the order documents issued by Purchaser or for the Order of the Scope of Supply in the version confirmed by AST Engineering Pty Ltd in writing.
1.3 “Quotation” means Supplier’s written proposal for the delivery of the Scope of Supply.
1.4 “Scope of Supply” means the Goods and/or Services to be delivered or performed under the Contract.
1.5 “Services” means both site and in-house services such as erection and commissioning, repairs, maintenance work, and work related with any deviation from standard product.
1.6 “Change” means a change in the design, drawings, specifications, shipping instructions, shipment schedules, or any other documents or work forming part of the Contract, including any additions, substitutions, or omissions to the Scope of Supply.
1.7 “Change Order” means the documents issued by authorized representatives of Purchaser and Supplier in common agreement after a Change has been requested by Purchaser or Supplier, and which documents rule the modification of the Contract with respect to the Contract Price, specifications, shipment schedule, warranty, delivery time, etc.
1.8 “Confidential Information” means proprietary or confidential data including pricing, terms, documents, specifications, plans or drawings that are not generally known to the public.
1.9 “Contract” means the Terms and Conditions contained herein, together with (i) such additional terms as are stated within Supplier’s written Quotation, (ii) such specifications, drawings or other documents as are incorporated by reference within Supplier’s Quotation, (iii) any documents related to a Change Order and (iv) the Purchase Order to the extent approved in writing by Supplier.
1.10 “Contract Price” means the total sum indicated in the Purchase Order or as modified in accordance with these Terms and Conditions agreed by both Auston Pump and Purchaser/Customer. For Services carried out on a time basis, the Contract Price shall be determined in accordance with terms and condition agreed by AST Engineering Pty Ltd and the Customer.
1.11 “Day(s)” means calendar day(s) unless the term “working day(s)” is used.
1.12 “Supplier” means the AST Engineering Pty Ltd company which accepted the Purchase Order.
1.13 “Party” or “Parties” means Purchaser or Supplier or Purchaser and Supplier.
1.14 “Delivery Date” means the date or dates agreed between the Parties with regard to the performance of the Scope of Supply in the Contract or as modified in accordance with these Terms and Conditions.
1.15 “GST” means GST as defined in the Tax System (Goods and Services Tax) as amended, varied or replaced from time to time and any subsequent or replacement tax.
1.16 “Warranty Period” means the time period within which the functionality of the scope of supply will be free of defect.
2.1 Cost estimates, technical literature, drawings and other details provided to Customer by AST Engineering Pty Ltd may contain data that embody trade secrets and. Customer shall keep such information confidential, not disclose such information to any other person or entity.
3.1 Any period or date for delivery stated is intended as an estimate only based on absence of force major unless otherwise some contractual agreement or commitment is signed between AST Engineering Pty Ltd and its customers.
3.2 Risk of loss and title shall pass to Customer as soon as the products have been placed with a transport agent at the point of shipment.
3.3 Unless specified by the Customer, the means of shipping and routing shall be determined as the company deems appropriate. Although reasonable efforts will be made, no assurance can be given that the most reliable or economical method of transportation will be selected, and we expressly disclaim responsibility thereof.
3.4 AST Engineering Pty Ltd will not be liable and deserve the right for delay in delivery due to causes beyond its reasonable control or due to acts of God, acts of Customer, fires, labor disputes, boycotts, floods, epidemics, quarantine restrictions, war, insurrection, riot, civil or military authority, freight embargoes, transportation shortages or delays, unusually severe weather or inability to obtain necessary labor, materials or manufacturing facilities due to such causes. In the event of any such delay, the date of delivery shall be extended for a length of time equal to the period of delay.
4.1 All AST Engineering Pty Ltd Products are guaranteed to be free from fault in material, design and workmanship to some extent named as “Warranty Period” and detailed in Warranty Card Supplied with product and it’s Operation Manual. Warranty Period is specified on the Warranty Card.
4.2 Warranties for Special Order Products or customized products are subjected to “Special Order Product” and for that Auston Pump’s general warranty will not be applicable. Warranties for Special Ordered Product must be mentioned in Purchase Order and need to be agreed by both Parties. Unless otherwise stated in Purchase Order or in Purchaser Terms and Conditions, AST Engineering Pty Ltd will not be liable for any warranty of Special Order Product or Customized Product.
4.3 It is the purchaser’s responsibility to satisfy itself of the suitability of any special order products being built by Auston Pumps for the buyer’s purpose based on the information provided by Auston Pumps in its quotation.
4.4 In case of Fair wear and Tear, Improper Installation, Inappropriate Application, Customer Failure to carry-out maintenance or Customer Failure to Manufacturer’ Instruction, warranty shall be considered as void.
4.5 If during the warranty period, the Scope of Supply fails to meet the requirement set out in Purchase Order; customer may claim the warranty directly to AST Engineering Pty Ltd Service Division. The claim should be done with 7 days of any fails in Scope of Supply.
4.6 AST Engineering Pty Ltd will not be liable for any Profit Loss, Direct or Indirect Loss arising from defects in any of its product unless otherwise stated in contract by both parties.
4.7 AST Engineering Pty Ltd will not be liable for any kind of damage or injury, arising directly or indirectly for any of its products.
4.8 AST Engineering Pty Ltd warranty will be limited to:
4.8.1 Replacement of Product with same model.
4.8.2 Replacement of Product with Suitable Equivalent.
4.8.3 Repairing of Product.
4.8.4 Return of Product for refund of Purchase Price.
4.8.5 Payment for the cost having Product Repaired.
4.8.6 Cost of Related Replacement.
4.9 In case of Repairing of its product during the warranty period, AST Engineering Pty Ltd will choose it own method unless otherwise agreed written confirmation by both parties is established.
4.10 Outside the Warranty Period, AST Engineering Pty Ltd Reserves the right to charge its customer for any services of their products.
- Facilities Provided by Purchaser
Unless otherwise stated, customer should liable to provide the following facility at his expense:
5.1 Special Clothing that may be required for applicable site condition.
5.2 Site Security and Protection for the storage of all products, tools and material required for any commissioning or service work.
5.3 Customer should be liable for any loss or damage of products, tools and material not caused by AST Engineering Pty Ltd employee on site during the commissioning or service work.
5.4 Special Permit or Approval for Work if needed.
- Suspension and Cancellation
6.1 Except as otherwise provided in Agreement, no order may be cancelled unless requested in writing by Customer and accepted in writing by AST Engineering Pty Ltd.
6.2 Purchase Order for Special Product or Customized Product are not subject to cancellation.
6.3 AST Engineering Pty Ltd reserves the right to be compensated by the suspension order of specialized or customized product order confirmed by the Customer prior the suspension.
- Price and Payment
7.1 Prices printed in the Auston Pump’s published catalog or in Price List are recommended selling price and are subject to change without prior notice.
7.2 Products shall be sold and invoiced at prices established by written contract between the parties. The agreed prices may be subject to change if the Customer desires to amend his or its order.
7.3 Unless specially quoted or confirmed in written, all price do not include Goods and Service Tax (GST), Freight and Insurance.
7.4 Payment terms need to be specified in the Purchase Order after agreement between both parties.
7.5 All purchase orders are accepted by AST Engineering Pty Ltd, on the condition that they will be invoiced on the date determined on the Purchase Order.
7.6 All prices are strictly fixed unless where otherwise stated in PO.
7.7 In case of late payment, AST Engineering Pty Ltd, after having notified the Purchaser in writing, suspends its performance of the scope of supply until the open and due invoiced has been paid.
7.8 The validity of any quote given by Auston Pumps will be 30 calendar days unless stated otherwise in the quotation. AST Engineering Pty Ltd reserves the right to withdraw quotations in writing before the end of the validity period or before any written confirmation by clients.
8.1 AST Engineering Pty Ltd and it’s Customer, requiring any changes in specification, design or drawings contained in any purchase order, may submit in written as promptly as possible in the format “Request for Change”.
8.2 Both parties must agree on fair and equitable adjustment of such amendment to the contract.
8.3 In case of changes requested by customer, AST Engineering Pty Ltd reserves the for changes in certain items like extra payment, delivery time etc which will be in written form and must be confirmed by both parties
8.4 AST Engineering Pty Ltd reserves the right to advice customer on changes.
9.1 Unless otherwise specified in Purchase Order, Customer will be liable for installing AST Engineering Pty Ltd’s Product.
- Inspection, Acceptance and Confirmation
10.1 The Scope of Supply shall be subject to Purchaser’s final inspection.
10.2 Claims for damage, shortage, errors in shipping or rejection of the Scope of Supply, must be made by Purchaser in writing within seven (7) calendar days following the date of receipt at the delivery site.
10.3 After the expiration of the aforesaid seven calendar days period, all claims for defects shall be considered as void unless other AST Engineering Pty Ltd consider to honor it’s customer.