PTL STANDARD TERMS OF SUPPLY

The following Terms govern the supply of Equipment by PTL to the Customer

1. Definitions and interpretation

Definitions

Agreed Quotation means the quotation for the supply of the Equipment prepared by PTL as accepted in writing by the Customer (by order or otherwise)   together with any variations subsequently agreed in writing by both parties.

Customer means the person who purchases Equipment from PTL, details of which are set out in the Agreed Quotation.

Delivery means the delivery of the Equipment to the Customer in accordance with clause 5.

Event of Default means any of the following:

Equipment means equipment to be designed, manufactured and supplied by PTL to the Customer as set out in the Agreed Quotation.
Installation has the meaning given to that term in clause 6.1.

Intellectual Property means all and any patents, patent applications, trademarks, service marks, trade names, registered designs, unregistered design rights, copyright (including in all plans, drawings, specifications, and other written material) know how, trade secrets, domain names, internet addresses, rights in confidential information, rights to goodwill and all and any other intellectual property, whether registered or unregistered, and including all applications and rights to apply for any of the same.

Key Performance Measures means the key performance measures for the Equipment as set out in the Agreed Quotation or as otherwise agreed in writing between PTL and the Customer. Where there are no Key Performance Measures set out in the Agreed Quotation, or otherwise agreed between PTL and the Customer, the Key Performance Measures will be specified by PTL having regard to the specifications and consistent with the principles set out in the One Voice Guidelines.

One Voice Guidelines means the One Voice for Hygienic Equipment Design for Low Moisture Food’s document prepared by PMMI (as updated from time to time).

Agreed Quotation Software means the executable version of any software included in the Equipment and, if set out in the Agreed Quotation, also includes the source code of that software.

Specifications means the specifications for the Equipment set out in the Agreed Quotation or as otherwise agreed in writing between PTL and the Customer.

Terms means these terms and conditions.

Warranties means the warranties set out in clause 7.1.

Warranty Period has the meaning given to that term in clause 7.1.

Interpretation

In these Terms, unless the context otherwise requires

2.  Sale of Equipment

3.   Compliance with specifications

 

4.   Factory Testing

Factory testing of Equipment

5.   Delivery

Delivery of Equipment

Failure or refusal to accept delivery

6.  On-site Installation and site acceptance testing

Installation of Equipment

Site Acceptance Testing

Failure to pass site acceptance testing

Compliance with Customer’s reasonable requirements

7.  Warranties

PTL Warranties

Defects during Warranty Period

If PTL does not meet its obligations under clause 7.3 within a reasonable time, the Customer may by notice in writing give a final period for PTL to fix the defect (which will not be less than 3 months).

8.  Exclusions and limitations of liability

Exclusion of liability for defective Equipment/Installation

Limitation of other liability

Exclusion of certain losses

Clause not to apply in contravention of laws

9.   Risk and ownership

Risk

Title

Insurance

10.  Price and payment

Price

Invoicing

Late payment

11.   Delay

12.   Software

13.    Intellectual property

14.  Default

15.  Miscellaneous

Assignment

Entire agreement

Force Majeure

Fair Trading Act 1986

Goods and Services Tax (GST)

Governing Law

Severability

Yours faithfully,
For Production Techniques Limited
Nick Halliday - CEO