Terms and conditions

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 Blast Electronic and the Customer to the exclusion of the following terms and conditions not contained, or referred to, in the 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 Blast Electronic and the Customer prior to Blast Electronic’s acceptance of the Customer’s order. The Customer acknowledges that it has not relied on any promise or representation made or given by Blast Electronic or on behalf of Blast Electronic 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 Blast Electronic.

Any plans, drawings, descriptive material, catalogs, or advertisements issued by Blast Electronic and any descriptions or illustrations contained in Blast Electronic’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 Blast Electronic and the Customer for the supply of the Goods.

Acceptance

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

Changes

Blast Electronic 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 Blast Electronic or impose any liability on Blast Electronic.

Subject as provided in clause 3.1, if the manufacturer(s) shall fail to produce or deliver any Goods ordered by the Customer, Blast Electronic 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 Blast Electronic’s Suppliers) or to cancel its order without further liability to Blast Electronic or the Customer. If the Customer has not exercised either option within such period, the order shall be deemed to be continued, with the equivalent goods.

Dispatch of Equipment

Blast Electronic 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 Blast Electronic in writing of the delay or failure to deliver within a reasonable time.

4.1. Subject to clause 4., if Blast Electronic 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, the Customer fails to accept delivery of any of the Goods when they are ready for delivery or Blast Electronic is unable to deliver the Goods on time because the Customer has failed to provide appropriate instructions, documents, licenses, or authorizations, the Goods shall be deemed to have been delivered, with risk passing to the Customer, and Blast Electronic may (i) store the Goods until actual delivery, and charge the Customer for all delivery costs.

4.3. Blast Electronic 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.

Installation

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

The Customer undertakes to indemnify Blast Electronic 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.

Quality and Assurance

6.1. The 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 Blast Electronic 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 the Customer rejects the Goods pursuant to clause 6.1, Blast Electronic 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. 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.