Terms & Conditions

General Terms and Conditions of Quotations and Sale

All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by Aarush Fabricator (aarushfabricator.com).

1. Quotations

(a) Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be

construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the

Customer’s order has been accepted by Aarush Fabricator.

(b) Aarush Fabricator shall not be bound by any condition attaching to the Customer’s order or acceptance of a Quotation and,

unless such conditions are expressly accepted by Aarush Fabricator in writing, the Customer acknowledges that such conditions

are expressly negated.

(c)Cancellation of an order can be made only with consent from Aarush Fabricator and upon terms that will compensate

Aarush Fabricator against loss.

(d) Change orders or briefing updates, amendments or changes requested by the Customer shall not be effective unless accepted

in writing by Aarush Fabricator. The Customer shall be liable for any costs, expenses, and liabilities incurred by Fabrication

Specialists in connection with any such change order.

2. Price

(a) Quoted prices do not include GST.

(b) Aarush Fabricator shall be entitled to vary the quoted price for the goods and services at any time prior to delivery if the

cost to Aarush Fabricator of performing the contract is increased and Aarush Fabricator reserves the right to apply prices

ruling at the time of providing the goods or services.

3. Terms of Payment

​(a) The invoice amount for the goods and services must be paid in full within seven (7) days after the goods and services were

invoiced.

(b) The Customer is not entitled to withhold payment or make any deduction from the price of the goods and services (whether

by way of any set off, counterclaim, retention or otherwise) from any money owing to Aarush Fabricator.

(c) If the Customer fails to pay for any of the goods or services, Aarush Fabricator may in its absolute discretion, but without

prejudice to any other remedy it may have, postpone the fulfilment of its obligations under this order or briefing and under any

other order or briefing with this Customer until such payment is made and charge to the Customer any extra expense incurred

thereby.

4. Cancellation or Suspension of Orders

Except where the Customer has a statutory right of termination, orders accepted by Aarush Fabricator may not be cancelled

either wholly or in part without the consent in writing of Aarush Fabricator.

5. Supply

(a) Aarush Fabricator will endeavour to meet agreed delivery dates, but will not be held liable, nor may the buyer cancel any

order or any part of any order, for late delivery. Aarush Fabricator reserves the right to cancel or suspend unconditionally and

without liability any contract and/or to reject any order.

(b) Unless otherwise agreed in writing by Aarush Fabricator, the buyer will be responsible for arranging the carriage of goods,

and delivery of any particular goods will be deemed to have been made when those goods are available for collection from the

collection point as agreed with the buyer, or in the absence of agreement, as specified by Aarush Fabricator.

(c) Where Aarush Fabricator agrees to arrange the carriage of goods:

unless otherwise expressly stated in writing by Aarush Fabricator, prices estimated or quoted will not include the cost of delivery or insurance and the buyer will be invoiced for any charges incurred by Aarush Fabricator in carriage of goods;

delivery will be deemed to have been made when the goods arrive at the delivery point agreed with the buyer;

if the buyer or its authorised agent is not present at the delivery point when the goods are delivered, delivery will be deemed to have been effected in any event;

the buyer is responsible for ensuring, at its own cost, that all agreed delivery sites have unloading facilities together with labour and/or mechanical means to unload the goods promptly and suitable access and area for unloading and shall indemnify Aarush Fabricator against any loss, liability, costs or expenses incurred by Aarush Fabricator or its agents in unloading the goods;

any claim for goods damaged during unloading or damaged or lost in transit must be made to Aarush Fabricator within 24 hours of delivery;

where any quotation or estimate given to the buyer includes the cost of delivery, the price quoted or estimated will cover only the usual methods of transportation used by Aarush Fabricator;

delivery may be by instalments and each instalment will be treated as a separate contract under these conditions; and

if the buyer fails to take delivery of any goods at an agreed delivery time, Aarush Fabricator may (without limiting any other right Aarush Fabricator may have) charge the buyer for any waiting time for delays by the buyer in unloading goods, handling charges for any unloading work carried out by Aarush Fabricator, expenses for the storage, transportation or disposal of the goods and any other additional expenses incurred in relation to the goods.

6. Reservation of Title

(a) Title to good supplied shall remain vested in Aarush Fabricator and shall not pass to the Customer until the purchase

price for the Goods has been paid in full and received by Aarush Fabricator. Until title to the Goods passes:

Aarush Fabricator shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;

Aarush Fabricator and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which Aarush Fabricator reasonably believes them to be kept;

the Customer shall store or mark the Goods in a manner reasonably satisfactory to Aarush Fabricator indicating that title to the Goods remains vested in Aarush Fabricator; and

the Buyer shall insure the Goods to their full replacement value and arrange for Aarush Fabricator to be noted on the\ policy of insurance as the loss payee.

(b) Irrespective of whether title to the Goods remains vested in Aarush Fabricator, risk in the Goods shall pass to the

Customer upon delivery.

7. Liability

(a) Any service or advice which may be offered by Aarush Fabricator to the Customer is rendered in good faith and Fabrication

Specialists shall not be liable for any loss or damage arising therefrom.

(b) For the avoidance of doubt, Aarush Fabricator will be under no liability whatsoever to the Customer for any loss, injury or

damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission

(whether negligent or otherwise) by Aarush Fabricator, its servants or agents or any other person in any way related to or arising out of the Quotation by Aarush Fabricator.

8. Intellectual Property

All copyright, design right and other intellectual property in any design, specification, process, method of working or other

information relating to the Goods or Services (other than that provided by the Customer to Aarush Fabricator) shall vest for all

time in Aarush Fabricator. Aarush Fabricator only grants to the Customer an irrevocable license to use the Goods or Services for the specified project in accordance with the Customers brief.

9. Claims

Any claim to reject the goods or to claim damages on the grounds that the goods do not conform to the description by which they were sold, must be notified in writing to Aarush Fabricator within seven days of delivery of the goods to the buyer, failing which any such claim shall be deemed conclusively to have been waived by the buyer.

10. Paramountcy

These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between Aarush Fabricator

and the Customer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and

Conditions of Quotation and Sale shall be of any effect. For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale shall apply in all circumstances, including where the Customer validly accept this quotation or where the Customer and Aarush Fabricator otherwise proceed with carrying out work under the brief, whether or not the Customer, at any time and by any means, purports to impose its own terms and conditions.