1. GENERAL All orders are accepted under the following terms, conditions, and exclusions. These terms shall not be altered, nor shall their application to any other order be excluded or limited, except as agreed in writing by All West Softwash (AWSW). Any additional work requested will be charged at standard rates unless explicitly included in a written contract.
2. PRICING Prices quoted are valid at the time of quotation or as per the price list and are subject to change based on material costs or other factors. Formal written quotations include GST unless otherwise stated. Prices for international orders may be subject to local taxes and import duties.
3. TERMS OF DELIVERY
4. a) Delivery dates are provided in good faith but are not guaranteed. AWSW is not liable for delays due to force majeure, supply shortages, transport disruptions, or customer-related delays. Orders may be dispatched in multiple shipments, each considered a separate contract for payment purposes.
5. b) If the buyer cannot receive goods on the agreed date, or fails to provide necessary delivery instructions, AWSW may store the goods at the buyer’s risk and expense. AWSW reserves the right to manufacture products immediately upon order confirmation, regardless of delivery timelines.
6. PROPERTY IN GOODS
7. a) Ownership of goods remains with AWSW until full payment is received. The buyer assumes risk upon delivery. If payment is not made, AWSW reserves the right to repossess goods at the buyer’s expense.
8. b) If the buyer resells the goods before full payment, the proceeds equivalent to AWSW’s invoice price must be held in trust and placed in a separate account.
9. CLAIMS FOR LOSS OR DAMAGE Claims for damaged, lost, or missing items must be submitted in writing:

• Non-delivery: Within 21 days from the dispatch date.
• Damage or shortages: Within three days of delivery, with goods signed as damaged or incomplete. AWSW’s liability is limited to repair, replacement, or reimbursement up to the invoice value. No liability is accepted for consequential losses.

6. PAYMENT TERMS Unless agreed otherwise in writing, full payment is due within 30 days of the invoice date. Late payments may result in suspension of outstanding orders, contract termination, or legal action for recovery of funds.
7. WARRANTY & LIABILITY
8. a) AWSW guarantees that all products are of standard commercial quality. Any additional warranties are expressly excluded unless provided in writing.
9. b) The buyer is responsible for ensuring the suitability of products for their intended use. Any advice or technical information provided by AWSW is given in good faith but without liability.
10. c) Claims regarding defective goods must be reported immediately before further use. AWSW’s liability is strictly limited to the invoice price of defective goods, with no coverage for indirect losses.
11. RETURNS & CANCELLATIONS Returns are only accepted with prior authorization and must be in original condition and packaging. Returns may be subject to a minimum 15% restocking fee (50% for custom orders such as skid systems). The buyer covers return shipping costs. AWSW reserves the right to refuse returns at its discretion.
12. DEPOSITS Deposits for orders are non-refundable. Unless agreed otherwise, a 50% deposit is required upon order confirmation.
13. NON-ASSIGNABLE CONTRACTS This contract is strictly between AWSW and the buyer and cannot be assigned to another party without written approval.
14. INDEMNITY The buyer shall indemnify AWSW against all claims, penalties, or costs arising from the buyer’s use of AWSW products, including third-party claims related to patent or intellectual property infringement.
15. GOVERNING LAW These Terms & Conditions shall be governed by the laws of Australia, and any disputes shall be resolved in Australian courts.
16. LIABILITY & INSURANCE AWSW is not liable for consequential losses. The buyer is responsible for obtaining appropriate insurance coverage for products purchased.

All West Softwash (AWSW) reserves the right to amend these Terms & Conditions at any time. By placing an order, the buyer agrees to these terms.