Terms & Conditions of Sales
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AVV INNOVATIVE SOLUTIONS GENERAL TERMS AND CONDITIONS OF SALE Electric Motor Division Goods and services are sold and supplied by AVV Innovative Solutions subject to the following general terms and conditions of sale unless otherwise agreed in writing between AVV Innovative Solutions and the purchaser.
1.0 DEFINITIONS:
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1.1 COMPANY: Shall mean AVV Innovative Solutions.
1.2 PURCHASER: Shall mean the Company, firm or person/s to whom the quotation is addressed.
1.3 QUOTATION: Shall mean the offer by the Company to the Purchaser for the supply of equipment and/or services including drawings and documentation to which reference can be made to ascertain the rights and obligations of the parties under the said agreement.
1.4 GOODS: Means the goods and/or services, equipment, material including drawings and documentation supplied by the Company to the Purchaser.
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2.0 GENERAL:
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2.1 This document forms part of any quotation or contract to which it may be attached and any goods supplied by the Company will be according to these terms.
2.2 If there is any inconsistency between the provisions of any quotation and these General Terms and Conditions of Sale, the former shall apply to the extent of the inconsistency.
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3.0 VALIDITY: The validity period of quotation is sixty (60) days unless otherwise agreed to in writing.
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4.0 PRICES:
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4.1 Unless otherwise stated, the quotation relates to the supply only of such gods as specified therein, subject to such goods being available at time of receipt of customers order.
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4.2 Should there be a variance between the quantity of goods offered and the quantity purchased, the Company reserves the right to adjust the pricing accordingly.
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4.3 Prices are subject to variation commensurate with any rise and fall in the cost of labour, material and any additional costs which may be incurred to conform to statutory obligations which change after the date of quotation.
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4.4 In the event of variation or suspension of work due to purchasers instruction, the contract price shall be adjusted to cover any additional cost incurred.
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4.5 Sales tax or any tax, levy or the like imposed on either the manufacture, import, sales or distribution of the goods is excluded from the price and if applicable, shall be to customer’s account.
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5.0 TERMS OF PAYMENT:
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5.1 Unless otherwise agreed to, payment in full shall be made within thirty (30) days of the date of invoice.
5.2 In the event that the Purchaser fails to make payment by the due date, the Company shall have the right, without prejudice to any of its other rights and remedies, to charge interest on the overdue amount at the rate of 2% per annum in excess of the interest rate (prescribed by the Westpac indicator lending rate for overdrafts less than $100,000) and calculated from the date that payment was due to the actual date of full and final payment. Any payment subsequently made by the Purchaser shall be applied firstly against the accrued interest and then in reduction of the outstanding purchase price.
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6.0 DESIGN RESPONSIBILITY:
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6.1 Unless the Company has been specifically advised in writing, it has no knowledge of the use to which the goods are applied. Therefore the Company shall not be liable if the goods are unsuitable for the Purchaser’s intended purpose.
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7.0 PERFORMANCE:
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7.1 Any performance figures provided by the Company are based on our experience and expectation of what can be achieved on test. The Company shall be under no liability for consequential damages should the goods supplied fail to attain such performance figures unless such performance figures have been guaranteed in writing, within specified “tolerances”.
7.2 In the event of the equipment being defective or failing to meet the terms of the guarantee, reasonable time, opportunity and facilities to remedy the defect or to comply with the terms of the guarantee shall be given to the Company.
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8.0 TESTS:
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8.1 Completed goods are subject to physical inspection and works standard routine testing which are included in the price, special and/or witnessed tests will be charged to the Purchaser and will extend the delivery period. Witnessed tests will proceed after seven (7) days notice and be deemed to have taken place in the Purchaser’s (or his nominated representative’s) presence, whether in fact he is present or not.