Ausstar Supply Of Goods Terms & Conditions

1. General Terms & Conditions

1.1 Where these conditions apply, no contrary or other terms and conditions proposed by the supplier apply to the supply of the goods or services unless new terms & conditions are accepted explicitly in writing by Ausstar.

2. Interpretation

2.1. “Business Days” means a day other than a Saturday, Sunday or public holiday;
2.2. “Goods” means the goods referred to on the front of the Purchase Order;
2.3. “Intellectual Property Rights” means copyright, trademarks, patents, designs, circuit layout rights, the right to protect confidential information and any application or right to apply for registration of any of those right;
2.4. “On a FIS basis” means delivery to such locations as Ausstar nominates at the cost of the supplier;
2.5. “Price” means the price Ausstar agrees to pay for the goods and the services as specified in the Purchase Order;
2.6. “Ausstar” means Ausstar;
2.7. “Purchase Order” means where these conditions are printed on the reverse of a purchase order, supplied directly from Ausstar;
2.8. “Services” means those services to be supplied to Ausstar as specified by Ausstar;
2.9. “Supplier” means the supplier described on the front of the Purchase Order.

3. Supply and Delivery

Unless otherwise agreed in writing the supplier must:

3.1. Agree to provide the goods to Ausstar;
3.2. Sell the goods to Ausstar free of encumbrances;
3.3. Deliver the goods to Ausstar on a FIS basis on the delivery date set out on the Purchase Order;
3.4. Be responsible for all means, methods, procedures and control in connection with the supply of goods;
3.5. Install the goods, as directed or required by Ausstar.

4. Price and Payment

4.1. The price is not subject to variation. We will request quotation for pricing before raising Purchase Orders;
4.2. If Ausstar accepts the goods Ausstar will pay the Supplier the Price on FIS basis within thirty (30) days of the end of the month in which we receives the Supplier’s invoice;
4.3. The price includes all taxes, duties, charges, levies and like expenses payable. The supplier must bear all custom and import duties levied in respect to the goods, unless agreed in writing from us.

5. Title and Risk

5.1. Title to and risk in the Goods passes to Ausstar on acceptance.

6. Intellectual Property, Confidentiality & Sub-Contracting

6.1. Any and all information supplied by or pertaining to Ausstar throughout this supply process and in the future must be kept confidential, including Purchase Orders and these conditions;
6.2. Ausstar will remain the holder of all intellectual property, this includes but not limited to drawings, cost estimates, information of a tangible and intangible nature including software;
6.3. The supplier must not assign or sub-contract the performance of any matter or thing required by the Purchase Order or these conditions without prior written consent from Ausstar.

7. Warranties

The supplier warrants that the goods will be new on delivery;

7.1. Conform with the description on the goods and any sampler provided by the Supplier before the date of the Purchase order;
7.2. Meet Ausstar’s requirements and be free of any defects;
7.3. Been manufactured or constructed in accordance with a quality assurance program;
7.4. Not infringe the Intellectual Property Rights or anyone;
7.5. Be date compliant.

8. Defects

The supplier must immediately remedy any defective goods supplied or goods that become defective within (12) months from the date on which the goods are accepted, without charge to Ausstar. The supplier may be required to replace or repair the goods in order to comply.

9. Governing Law

The law of Western Australia applies to the contract constituted by the Purchase Order and these conditions.

10. Testing, Inspection, Acceptance and Rejection

10.1. Ausstar may request to test or inspect the goods before or after delivery, whether at the Supplier’s premises or elsewhere;
10.2. Ausstar must accept the goods immediately when satisfied that the goods comply with the Purchase Order and these conditions otherwise a written notice of rejection will be given to the supplier;
10.3. If Ausstar rejects the goods, title to and risk in the goods reverts to the Supplier and the Supplier must immediately remove the Good’s from Ausstar’s premises at the Supplier’s cost.

AUSSTAR* is not affiliated nor a distributor for any pump company mentioned. (Example: Sulzer™ APP/APT range or Ahlstrom APP/APT range). The pumps and pump parts manufactured or supplied by us are not associated with, endorsed by, or sponsored or manufactured by the owners of the related trademarks, given into this website or other documents. Any use of OEM names, trademarks or other information is for reference only.