Terms and conditions

1. General

The terms and conditions of sale and supply (“the Contract”) of equipment shall be incorporated into each contract for the purchase of the Products between BlastPower and Customer to the exclusion of the following terms and conditions not contained, or referred to, in Customer’s purchase order or other Customer documentation: (i) which Customer otherwise intends to impose. (ii) implied by trade, custom, practice or course of dealing.

The Agreement or Order Form constitutes the entire agreement between the parties and supersedes all communications (written or oral) between BlastPower and Customer prior to BlastPower’s acceptance of Customer’s order. Customer acknowledges that it has not relied on any promise or representation made or given by BlastPower or on behalf of BlastPower that is not contained in the Contract resulting from the agreement between the parties embodied in an offer and carried into an Order Form agreed to by the parties and reviewed and accepted by BlastPower.

Any plans, drawings, descriptive material, catalogs or advertisements issued by BlastPower and any descriptions or illustrations contained in BlastPower’s brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described therein. They shall not form part of the Contract between BlastPower and the Customer for the supply of the Goods.

2. Acceptance

The submission of Customer’s order shall constitute an offer to purchase subject to these Conditions. No order placed by Customer shall be deemed accepted by BlastPower until a written acknowledgement of order acceptance is received.

3. Changes

3.1. BlastPower reserves the right to make any changes to the Products which do not affect the nature, quality or price of the materials and goods required; any such change shall not invalidate any order placed with BlastPower or impose any liability on BlastPower.

3.2.Subject as provided in clause 3.1, if the manufacturer(s) shall fail to produce or deliver any Goods ordered by the Customer, BlastPower shall notify the Customer in writing (but shall not be liable for any loss or damage to the Customer), and the Customer shall have the option, to be exercised within ten (15) days from the date of such notice, either to receive equivalent Goods (if available from BlastPower’s Suppliers) or to cancel its order without further liability to BlastPower or the Customer. If Customer has not exercised either option within such period, the order shall be deemed to be continued, with the equivalent goods.

 

        4. Dispatch of Equipment

 

BlastPower shall not be liable for any delay in delivery, or failure to deliver all or part of the Goods (i) which is caused by a Force Majeure Event (as defined in the Projects Act 2020) or by the Customer’s failure to provide adequate delivery instructions, a letter of credit or payment in advance (where required), or any information relevant to the supply of the Goods; or (ii) where the Customer fails to notify BlastPower in writing of the delay or failure to deliver within a reasonable time.

4.1. Subject to clause 4., if BlastPower fails to deliver some or all of the Goods, its liability shall be limited to: (a) refunding the cost of the Goods not delivered by credit note; or. (b) replacing the Goods within a reasonable time. 4.2. If, for any reason, Customer fails to accept delivery of any of the Goods when they are ready for delivery or BlastPower is unable to deliver the Goods on time because Customer has failed to provide appropriate instructions, documents, licenses or authorizations, the Goods shall be deemed to have been delivered, with risk passing to Customer, and BlastPower may (i) store the Goods until actual delivery, and charge Customer for all delivery costs.

4.3. BlastPower may (i) store the Goods until actual delivery and charge the Customer for all related costs and expenses (including, without limitation, storage, redelivery and insurance), or (ii) sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Customer for any shortfall below the contract price.

5. Installation

5.1. It is Customer’s obligation to ensure that all Goods purchased hereunder are applied, installed, commissioned, and/or used in accordance with BlastPower’s or its service partners’ application and installation recommendations, as well as any other safety, performance and warranty recommendations of BlastPower.

The Customer undertakes to indemnify BlastPower in respect of all claims, losses, damages, and expenses arising in connection with the installation arising from the breach of this obligation transferred by an end customer.

 

6. Quality and Assurance

6.1. Customer may reject Goods that are damaged, defective, or not in accordance with what is supplied provided that: (i) notice of rejection is given to BlastPower in writing within seven (7) days of receipt of the Goods or completion of the services; and (ii) in the case of the Goods, the damage did not occur during transportation. If Customer rejects the Goods pursuant to clause 6.1, BlastPower shall, at its option. (i) repair or replace the rejected Goods or; (ii) refund in full the price of the rejected Goods. 6.2. If the Customer does not give notice of rejection in accordance with clause 6.1, it shall be deemed to have accepted the Products.

6.3. If the Customer does not give notice of rejection in accordance with clause 6.1, it shall be deemed to have accepted the Products.

6.4. The only warranty relating to the Goods supplied is the Standard Warranty endorsed by the manufacturers according to the application and characteristics of the equipment. Except as provided in the Standard Warranty, all representations, conditions, warranties, and terms, whether express or implied by common law, statute or otherwise, relating to the quality, condition or fitness for any purpose of the Goods are excluded to the fullest extent permitted by law.