Terms and Conditions
Conditions of Warranty – Standard Version
Warranty Period – New Plant: 12 months or 8000 hours whichever shall first occur from date of commissioning, provided that commissioning be within 45 days of delivery. The warranty is subject to the dryer receiving a service every 6 months by Artic Driers service crews or its accredited and approved agents. Log sheets of any equipment may be called on to substantiate a claim within the warranty period and shall be freely available to Artic Driers staff on demand. Log Sheets are available from us on request. See standard T & C’s below.
Extended Warranty – Heat Exchanger
Warranty Period – New Plant: 36 months or 24000 hours whichever shall first occur from date of commissioning, provided that commissioning be within 45 days of delivery. Log sheets of any equivalent may be called on to substantiate a claim within the warranty period and shall be freely available to Artic Driers staff on demand. Log sheets are available from us on request.
The extended warranty covers the failure of a heat exchanger/s (air to air and air to Freon exchanger) within the dryer. The warranty is subject to the dryer receiving a service every six months by Artic Driers service crews or its accredited and approved agent and that the supplied filters by Artic Driers, namely the pre and after, be replaced at least once per annum or as necessary to maintain the integrity of the filter system. Other filter brands are not acceptable in the extended warranty program.
Warranty Standard Version T & C’s
- The equipment supplied or manufactured by us warranted to be free of defects in material or workmanship arising from normal use and services during the warranty period specified above, provided –
- Our operating and servicing instructions are complied with strictly; and log sheets shall be completed 1 / shift.
- Parts are not altered or repaired outside our factory.
- Only parts manufactured and approved by us are used in the equipment; and there is no overloading as to capacity of pressure, temperature or any other misuse, abuse or neglect of the equipment.
- Lightning strikes and / or power fluctuations and or phase imbalance leading sub sequential equipment damage is not covered under this warranty.
- Our liability under this warranty is limited to the replacement or repair at our factory of any part or parts returned to us with transportation charges pre-paid which on inspection appear to us to be defective in material or workmanship. The replacement parts will be supplied by us free of charge at our works. Transportation and labour and accommodation, if required, will be for the customer’s account at our prevailing rates. Warranty claims can only be attended to after receipt of an official order by the seller or end user.
- The only representation we make about the performance of equipment supplied or manufactured and sold by us is that it will perform at sea level in the manner set out in published catalogues and sales literature.
- Your attention is drawn to the fact that performance of air treatment / filtration equipment is adversely affected by high temperatures and low inlet pressures. These are factors are detailed within our sales publications, these are freely available from our website.
- We do not make any representation about performance of equipment not manufactured by our principals, i.e. a sub supplier, but will refer to the manufacturer any complaint by the customer that the equipment does not perform in accordance with the manufacturer’s published catalogues and sales literature. Please also see section 8 above.
- Save as set out in this document and or quotation, we do not give any expressed or implied warranty or make representation as to the performance, quality, condition or fitness for any use or purpose (even where such use or purpose is known to us) of any equipment or parts sold or supplied by us.
- Our liability in respect of any defect in or failure of equipment or parts sold but not manufactured and sold by us is limited to our compliance with the provisions of clause 7, 8 and 9 of this warranty.
- We shall not be liable for any loss profits, direct or indirect or damages, labour costs of whatsoever nature which may be suffered by the customer and or end user arising directly or indirectly from any defect in or failure of equipment or parts sold or supplied by us, or any other breach of contract or warranty.
- Consumable items such as filter elements, maintenance of any condensate drain traps are excluded from this warranty, as is the, these life cycles is dependent on many factors.
- Warranty Period for Service and Repair Work, 3 Months or 2000 Hours whichever shall first occur from date of repair.
- Should specific dew points or oil carry standards require verification from an air treatment package, this should be detailed in writing prior to our service staff arriving at site. We may require special test equipment to verify results. Should an air audit be required this may be a chargeable event as service and audit teams operate independently.
- Warranty will cover parts, labour and gases of parts supplied or repaired only, please also refer to sections, 7, 8, 12 and 13 for more detail.
- Warranty claims and rectification thereof are at the discretion of the seller and / or the Original Equipment Supplier.
NOTE: In the event of a sale being made by a reseller to an end user it is the responsibility of the seller to make the end user aware of Artic Driers Conditions of Sale and Warranty Conditions.
Conditions of Sale and Tender
- The acceptance of our quotation includes for acceptance of these conditions unless a variation is agreed in writing and signed by a authorised person.
- E & OE rule applies to our price offerings and price summaries.
- Variations in Price: Our prices are been based upon an exchange rate as stated or ruling on the day. Variation in the quoted rate of exchange and that ruling at the date we make delivery of the imported items, will be for your account.
Fixed Pricing – Should you require a fixed & firm price, we can enter into an FEC contract to fix the sales price, this may have the effect of increasing or decreasing the price, you must issue a written faxed or emailed instruction to Artic within 2 days from date of order issue date, if you don’t issue a currency instruction you will be liable for rate of exchange variations.
Regarding to the imported content of the contract, our prices are based upon the current rates of freight, insurance premiums, lighterage, landing charges, port dues, customs duty, surcharge and railage at the date of the offer. Should these rates vary between the date of our quoting and the date on which the charges are incurred, the price will be changed by the amount of the increase or decrease in such charges.
- Validity of Offer / Tenders:Unless otherwise stated, a quote is open for acceptance within ten days from the date of offer, thereafter prices and delivery times are subject to confirmation.
- Limits of Contract:The quote includes only goods, accessories and work as specified in the offer. All goods, dryers and filters etc are manufactured to our supplier’s standard practices, procedures and codes.
- Drawings and Documentation:All illustrations, brochures, drawings, dimensions, quantities, weights and specifications accompanying this quote or relating to any material which is subject of this quote, are given in good faith and are subject to confirmation. Unless otherwise stated, 1 general arrangement drawing and 1 Operating/Maintenance Manual is supplied F.O.C. Additional material may be supplied, a cost may be applied for this extra material.
Delivery: Quotations for goods stated to be from our stock are subject to prior sale. No liability shall apply to us if delivery or completion is rendered impossible or delayed by reason of causes outside our control, e.g. Civil unrest war, fire or strikes etc. Any times quoted for delivery or completion are to date from receipt by us of a written order (and payments) to proceed and of all necessary information to put the work / project into action. The time of delivery or completion shall be extended by a reasonable period if delays in delivery or completion is caused by late instructions or lack of instructions by you. However, payments will apply as shown in item 7.
- Terms of Payment:Unless otherwise stated in this tender or otherwise agreed, terms of payment shall be by way of either
% Of Contract Value Progress payments as follows
40% On receipt of written order – non refundable
45% Prior to delivery, or if delivery cannot be effected by reason of your instruction or lack thereof
5% 30 days after delivery
These may be amended in writing by Artic Driers International, unless amended in our tender these conditions prevail, these terms only apply to validated clients.
Cash Sale Clients
All money for any equipment or services to be paid in full prior to work starting and or equipment delivery.
- Painting:All equipment quoted and sold will be painted in accordance with current practice. Variations to spec may incur extra costs.
- Title:Ownership in any goods remain with Artic Driers until the entire purchase price has been fully paid. All such goods, whether affixed to immovable property or not, shall be deemed to remain movable property and severable without injury to such immovable property.
- Consequential Damages:Under no circumstances whatsoever shall we, at any time, be liable for any claims for consequential loss or damage that may be sustained by you, loss of profits or labour standing time or for any claims made by any other person whatsoever, in connection with any contracts made by us or the use of goods sold by us and whether due to delay, defect, negligence or otherwise.
- Jurisdiction of the Magistrates Court:You hereby agree and consent that Artic Driers International shall be entitled at our option to institute proceedings which might arise out of or in connection with this contract or order in any magistrate’s court in the Republic of South Africa having jurisdiction in respect of your person, notwithstanding that the claim or the value of the matter in dispute might exceed the jurisdiction of such magistrate’s court.
- Arbitration:In the event of a dispute Artic Driers at its sole discretion, may enter into an Arbitration Action, the cost of which shall be for the purchasers account in full. Arbitration proceedings shall be declared in the following manner
- Artic Driers (seller) reserves the right to declare a dispute after 5 working days following the issue of notice in writing of non-compliance by Artic Driers International to the purchaser. This shall be delivered by email, fax, hand and /or by a messenger.
- Thereafter the purchaser may request 72 hours in which too rectify the non-conformance. This request shall not be unreasonably withheld.
- Failure to rectify the non-conformance matter or matters or issues or payments may lead to automatic arbitration. Arbitration proceedings will be held within 30 days of notice of arbitration. Notice to be issued by Artic Driers International or its representative.
- The arbitration proceedings shall be binding and the result of which shall become an automatic high court order.
- The arbitrator will be appointed by Artic Driers International or our legal representative, the full and total cost of the arbitrator and Artic’s legal team and or council shall be for the cost of the purchaser. Artic may at its discretion, opt for a low level approach bu both parties which the purchaser shall automatically comply with.
- Amendments:No amendments or variation of the contract or of these conditions of contract will by of any force or effect unless recorded in writing by Artic Driers and approved by one of Artic Driers authorised officials.
- Legal Constructions and Arbitration:Even though one or more of these conditions of sale and tender become invalid, such remaining conditions as are applicable shall remain in force. Conditions may be waived by mutual consent in writing, the contract shall in all respects by construed and operate as a South African contract and in conformity with South African Law.
- Time of Taking Over:The plant shall be deemed to have taken over by you when erection has been completed and the plant is put into practical use whichever may be the earlier.
Irrespective, the plant shall be deemed to have taken over at the expiration of two calendar months after written notice to you that erection is complete, unless in the meantime tests have been undertaken showing that the terms of the contract are not complied with. We shall be given reasonable facilities and time to test and correct the equipment and no rejection of the equipment will be accepted unless agreed to by Artic Driers International in writing. The date of take-over shall not be delayed on account of additions, minor omissions or defects which do not materially affect the commercial use of the plant.
- Sales Tax:All prices are quoted exclusive of Value Added Tax.
- Clients are advised that interest is chargeable on all overdue accounts at the rate allowed in terms of the National Credit Act from date of invoice / statement. Clients also are advised that a certificate issued by the director of your company or other attorneys, as will be specified, setting out the applicable rate and amount of interest, as also verifying any amounts owing by the client, shall be good and sufficient proof of the content thereof for all purposes, including any application for judgement or summary judgement in any competent court or in respect of any collection charges by Artic’s appointed representative.
- Cancellation Charges:You hereby agree that Artic Driers shall be entitled to the following cancellation charges should an order or contract be cancelled. Cancellation must be given in writing.
70% Before shipment from our principal’s works. 85% after despatch from our principal’s works, but before arrival in South Africa. 90% when ready for despatch from our South African works or despatched.
20% Upon subcontract order placement. 70% upon goods already delivered to us. 90% when ready for despatch from our South African works or despatched.
Short Deliveries or Damaged Goods: We shall repair or replace free of charge at our option goods damaged or not delivered in accordance with our advice note. Provided that we are given written notification within 48 hours of such damage or non delivery provided that short deliveries are noted upon the delivery note.
- Rejection:Unless otherwise agreed, goods rejected by you as not complying with the contract must be so rejected within 5 days of receipt by you.
Performance: We will accept no liability for failure to attain any performance figures quoted by us unless we have specifically guaranteed them, subject to any tolerances specified or agreed to us, in an agreed sum as liquidated damages. If the performance figures obtained upon any test provided for the in the contract are outside the acceptance limits specified therein, you will be entitled to reject the plant. Before you become entitled to reject the plant, we are to be given reasonable time and opportunity to rectify its performance. You assume responsibility that plant stipulated and ordered by you is sufficient and suitable and fit for you purpose save insofar as your stipulations are in accordance with our advice / quote / offer.
- Credit of Plant Sales and Pipework:Credits to accounts will only be made of receipt of goods in our warehouse.
- Storage:If we do not receive instructions detailed enough to enable us to despatch as per contract after seven days from notification that the goods are ready for despatch, the property in the goods shall pass to you, you shall take delivery or arrange for storage and for the purpose of clause 5, the goods thereupon be deemed to have been delivered. If and for so long as our storage facilities permit, we may store the goods and you shall pay a charge for this.
Unloading: Unless otherwise agreed, we shall not be responsible to unload such goods or to damage caused by such unloading and placing of equipment. Transport and offloading insurance shall be for the clients account as an extra contract.