Terms & Conditions

PWA Group Quotations and Conditions of Supply are subject to the following conditions save as added to or varied in writing herein or otherwise authorised in writing by PWA Group Pty. Ltd. and shall constitute any agreement resulting from an order for the whole or any portion of the equipment or services covered by this quotation.

ACCEPTANCE

All orders based on this quotation are subject to acceptance by the Company.

VALIDITY

Quotations are valid for a period of thirty (30) days from the date hereon unless previously withdrawn or amended in writing.

PRICES

Unless otherwise specified, all prices are quoted FOB, do not include sales tax and applies to the
whole or part of all goods and/or services described therein. Sales tax or other statutory impost not
included in quotations will be charged separately to the Purchaser as applicable.

PWA Group reserves the right to correct all typographical or clerical errors which may be present in the prices or specifications in quotations.

All prices are based on the standard price list as held by PWA Group at the date of the presented quotation and also on rates of primage, basic wage, freight, insurance, exchange rate prevailing at the date of the quotation. Any increase in cost resulting from variation in any of these factors shall be payable by the purchaser regardless of cause.

Prices for equipment not of the PWA Group’s manufacture may be varied on the basis of prices charged to PWA Group from the date thereof.

TERMS

Payment shall be made by the Purchaser within 30 days from date of invoice.

Any monies for which an account or invoice has been furnished to the Purchaser and which remain unpaid for thirty (30) days after the such monies become due for payment shall bear interest at the rate of 1.5% per month.

ESCALATION, RISE & FALL

When scheduled delivery dates exceed three (3) months after the quotation expiry date, prices will be escalated 1% (compound) per month (scheduled delivery delays by PWA Group excepted) until shipment.

CANCELLATION

The Purchaser may cancel his order only with the PWA Group’s written consent and upon payment of reasonable and appropriate cancellation charges being determined by the Company.

WARRANTY

PWA Group warrants that all of the equipment manufactured by PWA Group is free from defects in workmanship and materials under normal use and service. Equipment or any part thereof which is returned to PWA Group (transportation prepaid) within one year after original shipment and found by PWA Group after examination, not to be free from defects in workmanship or materials, will be, at the option of PWA Group, repaired or replaced free of charge FOB its works.

This warranty is in lieu of all of all other warranties, expressed or implied and does not apply to replacement or repairs which are required as a result of improper installations, misuse, maladjustment, modification or lack of routine maintenance by others.

PWA Group does not guarantee the overall performance of any plant or equipment or the results of any process with which PWA Group’s equipment is integrated. PWA Group’s responsibility is limited to making the equipment manufactured by the PWA Group perform in accordance to the PWA Group’s specifications and instructions.

PWA Group makes no warranty whatsoever with respect of equipment, materials, or parts supplied or manufactured by others and such equipment, materials or parts will be repaired or replaced only to the extent of the original supplier’s or manufacturer’s warranty.

The warranty does not extend to, and PWA Group accepts no responsibility for, consequential and/or secondary damages or losses of any kind sustained directly or indirectly as a result of a defect in any product manufactured, supplied or installed by PWA Group.

PATENTS

Orders to Purchaser’s design are accepted subject to Purchaser’s warranty that no patent or registered design rights will be infringed in the manufacture or sale thereof and upon condition that an order given on a PWA Group quotation constitutes an indemnity to PWA Group against all expenses, damages or losses incurred by PWA Group in consequence of any such infringement.

SHIPMENT

Shipment will be FOB. Shipment dates are based on prompt receipt of all necessary information to PWA Group to ensure uninterrupted manufacture and/or Supply. Extra costs owing to delay in starting the work or suspension of the work due to Purchaser’s delays, overtime, mistakes or other causes for which PWA Group is not responsible, or through additional work entailed in taking down and refixing equipment to suit the Purchaser’s changed requirements shall be chargeable to the Purchaser. PWA Group shall not be liable for delay in shipment or failure to manufacture due to causes beyond its control.

Partial shipments may be made and invoiced on completion of manufacture. If shipment is delayed at the request of the Purchaser, equipment may be stored subject to payment of an extra charged based on the storage costs. In such circumstances, PWA Group will invoice the full amount of the equipment stored.

DAMAGE AND LOSS

Title and risk of loss or damage shall pass from PWA Group to the Purchaser upon handing over the goods by PWA Group to the Carrier.

INSURANCE

PWA Group will not arrange insurance cover of any type on any goods or installations unless otherwise specified by the Purchaser in writing.

INJURY AND DAMAGE

The Purchaser shall indemnify PWA Group against all claims whether made under any contract of statute or under common law in respect to any loss or damage to any property whatsoever arising out of any defect in material or workmanship in connection with any goods manufactured or sold by PWA Group or for any default or negligence on the part of the PWA Group’s personnel in connection with or during the carrying out of any work by PWA Group on the Purchaser’s or any other person’s property.

INSPECTION

Where inspection by the Purchaser or other persons is required, this shall be arranged by the Purchaser with PWA Group. Witnessed tests are chargeable extras.

DRAWINGS AND PRINTED MATTER

All information contained in printed or descriptive matter or information contained in any media whatsoever represents generally the goods specified herein but shall not be taken as necessarily representing the goods, the subject of an order and shall not form part of the contract.

Prices quoted, unless otherwise specified, include one set of standard instructions. Further copies can be provided at an additional charge.

Certified outline drawings applicable to the equipment ordered can be supplied at extra cost.

INSTALLATION & COMMISSIONING

All equipment shall be installed and commissioned by and at the expense of the Purchaser unless agreed to in writing or otherwise stated in the quotation.

ARBITRATION

If at any time, any question, dispute or difference whatsoever shall arise between the Purchaser and PWA Group upon, in relation to or in connection with the contract, either party may give to the other, notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person appointed by the President of the Institute of Instrumentation and Control of Australia. The award of such arbitrator shall be final and binding.

MISCELLANEOUS

The validity and interpretation of the quotation or any contract of sale arising out of the quotation, and the rights and duties of the parties shall be governed by the laws of the Commonwealth of Australia.