GENERAL TERMS & CONDITION OF SALE
BlazeCut Pty Ltd (45 Evans Street, Balmain NSW 2041 AUSTRALIA is the Global head office of the BlazeCut Group.
BlazeCut s.r.o, (Brusnicová 3299/7 Chorvátsky Grob 900 25 Slovakia) is the BlazeCut group’s manufacturing facility.
All contracts of sale are by BlazeCut Pty Ltd and hereafter referred to as “BlazeCut”.
All Contracts of sale shall be on and subject to these Terms of Sale.
The “Purchaser” is the person, firm or company purchasing the any goods from BlazeCut.
PRICING – Unless otherwise stated, prices quoted by BlazeCut are exclusive of tax (VAT/GST), each quote will be valid for up to 30 days or as stated on the quotation. Quotes for Packing, Freight and Customs maybe supplied on request and this price will not include any costs associated with the receiving Port. All Charges incurred for importing into the country of the purchaser is not the responsibility of BlazeCut and the purchaser will be responsible for all shipping charges.
MINIMUM ORDER – Unless otherwise agreed upon in writing, BlazeCut has a minimum order value for export customers (Non Australian) €2500 Euros (two thousand five hundred Euros) and AUD$2500 for Australian based company sales. This is excluding any packing and freight charges unless otherwise agreed upon by BlazeCut in writing such as this quotation.
TERMS – Unless agreed upon otherwise, all sales are 100% full payment on issue of invoice before the order will be despatched from the BlazeCut Factory in Slovakia as per INCOTERMS 2010 EWX Slovakia (export sales) or BlazeCut Pty Ltd in Sydney for Australian supply.
COUNTRY OF EXPORT ORIGIN – For Export sales, all goods are shipped directly from our factory. BlazeCut s.r.o (Brusnicová 3299/7 Chorvátsky Grob 900 25 Slovakia) as the exporter of the products covered by customs authorisation No. SK2022677393 declares that, except where otherwise clearly indicated, these products are of the EEC/Slovak preferential origin.
EUROPEAN VAT INFORMATION: Any applicable VAT will be shown as ‘VAT’ line item, If the ‘VAT’ line is not shown, Zero (0%) EC VAT is applied as per 2006/112/EC, Article 141 VAT Simplification Invoice / EC VAT reverse charge supply, Sales in Germany will have a 19% VAT applicable.
PURCHASE ORDERS – All orders must be sent to BlazeCut Pty Ltd office in Sydney, Australia electronically. BlazeCut will issue an invoice which will be considered as a full commitment from the purchaser to purchase and a request for payment will be made at that time. When payment
has cleared with BlazeCut the goods will be shipped as previously arranged and agreed upon. Purchase orders to be addressed to
BlazeCut Pty Ltd
45 Evans Street, Balmain
New South Wales 2041 AUSTRALIA
ACCEPTANCE OF DELIVERY – All orders must be thoroughly checked by the purchaser at the time of receiving. BlazeCut will allow 5 working days from possession of the order by the purchaser to claim on short supply or damage. At time of claim photos and a fully detailed report in writing need to be received by BlazeCut before a decision will be considered.
CANCELLATION – If orders accepted by BlazeCut are cancelled by the purchaser, the purchaser shall pay all costs relating to any losses and damages sustained by BlazeCut in connection with such order termination. A cancellation charge to recover these costs may be specified and
the Purchaser agrees to pay the cancellation charges.
WARRANTY – All orders will be covered by a 2 year (24 month) warranty from the date received by the purchaser. At the time of claim BlazeCut require full details of original supply with a written report and photos for the claim to be considered.
REGULATORY REQUIREMENTS – The Purchaser at its own cost shall obtain, maintain and provide all necessary documents approvals, permits, etc. required by legislation to distribute or sell the Products within the Territory and ensure that the sale and distribution of the Products complies with the laws of the Territory at all times. BlazeCut in its discretion shall assist the Purchaser to obtain and maintain regulatory approvals and permits, etc. necessary for the sale of the Products in the Territory upon request by the Purchaser.
PACKING AND SHIPPING INFORMATION – For Export sales, BlazeCut global sales transactions are completed with Head Office, BlazeCut Pty Ltd in Sydney, Australia.
All Goods are supplied and shipped directly from the BlazeCut factory in Slovakia, Europe.
Pick up Address: Priemyselná 2521, 900 27 Bernolákovo, Slovakia
Maximum Gas Volume Allowance – Air Freight transportation regulations limit our packing to having a maximum gas allowance per crate of 75kg total. Road freight has no gas limitations.
Dangerous Goods Classifications – All BlazeCut systems are shipped under Class 2.2 Dangerous Goods (Fire Extinguishing Agent, Non Flammable, non-toxic compressed gas) for HFC’s, Novec and charged cylinder with BlazeCut Powder or Foam agents.
Our systems contain HFC-236FA (UN No.3163), HFC-227EA (UN No.3296), NOVEC (UN No.1044). Charged powder or foam cylinders are UN No.1044. If the cylinder with powder or foam is not charged it is not classed as Dangerous Goods.
Tariff Codes – It is up to the receiver to identify and specify to the receiver’s local customs authority the correct tariff code required for importation.
However as a guide the following heading codes of 8424.10, 8424.90 or 8531.10 can be used.
Packing and Handling Charges – There is a variable packing and handling charge for all shipments. This charge is applicable whether the goods are supplied as EXW (ex
works), CIP (carriage and insurance paid to point) or DAP (delivered at place) as per INCOTERMS 2010. All shipment of goods are packaged in the UN approved Dangerous Goods wooden crates with accompanying dangerous goods declaration.
Unless agreed otherwise, the buyer is responsible for the full export process and charges including Local clearance charges in Slovakia, freight and duty and customs at the final destination. Please ask us for a final quotation including all the applicable packing and handling charges with optional freight according to your requirements. Packing and shipping fees can be finalised on request.
Additional Documents – Each shipment will only be supplied with the Dangerous Goods declaration. Any additional documentation such as Eur.1 movement, ATR Certificate, Certificate of Origin or similar must be requested as part of the quotation or at time of order. Document charges apply.
MARKETING – All BlazeCut product to be marketed by the purchaser needs to be discussed with BlazeCut before use. Failure to do so maybe a breach of copyright and trademark laws and a decision to cease further supply of product may result. BlazeCut may request to the purchaser
to comply with any updates or changes that are advised relating to marketing or sales material. The provided list prices will represent the Retail price that can be published online by the purchaser. For the latest Retail price please ask BlazeCut.
SPECIFICATIONS AND TECHNICAL – BlazeCut make every effort to ensure that descriptions, drawings and other information in correspondence, catalogues, etc, are correct and accurate, but no warranty is given in respect thereof, and BlazeCut shall not be liable for any error therein.
INTELLECTUAL PROPERTY – Once a purchase order has been submitted the purchaser is agreeing to BlazeCut’s General Terms of Sale and are subjected to all trademarks and copyright laws relevant to the BlazeCut products.
All Information disclosed by BlazeCut including, but not limited to; Technical and business information relating to BlazeCut products, proprietary ideas, trademarks, existing and/or contemplated products and services, schematics, research and development, costs, profit and margin information, marketing, current or future business plans and models and other information or intellectual property disclosed or otherwise provided to the Purchaser by BlazeCut will remain the property of BlazeCut and will be kept confidential by the Purchaser. The Purchaser shall have no claim to, nor ownership interest in, any Intellectual Property. The Purchaser acknowledges that no license or rights of any sort are granted to the Customer in respect of any Intellectual Property, other than the limited right to use Products purchased from BlazeCut for the purpose they are supplied unless prior written approval has been granted by BlazeCut. By the Purchaser proceeding to purchase Goods from BlazeCut, the Purchaser agrees not to copy, replicate or manufacture a competitive product using the BlazeCut Intellectual Property.
LIABILITY AND CONSEQUENTIAL DAMAGES – For export sales, In no event shall BlazeCut be liable for incidental or consequential damages including but not limited to damages for loss of use, damages for lost profits, damages for resulting harm to property other than the BlazeCut system and components. The liability of BlazeCut on any claim for loss or damage arising out of the sale, resale, or use of the Goods, shall in no event exceed the purchase price.
GOVERNING LAW – This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the Product. This agreement shall be solely governed by and construed in accordance with the laws for the time being in force in New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State. Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
FINAL PROVISIONS – The purchaser cannot disclose in any way to a third party, information regarding the terms and conditions of the Purchase or the Order. No information regarding the negotiations or other issues and processes related to the Purchase or the Order without
having obtained a prior written consent from BlazeCut first.