TERMS:
Quotations are open for your acceptance for a period not exceeding 30 days and is
subject to our express agreement of the full terms and conditions of your order or contract
proposed by you.
The price quoted is based on all work being completed as per the quote. Should the work
extend beyond this date then Anzu Refractories reserve the right to access the cost in
accordance with wage cost increases and other CPI increases. This is subject to the start date.
All prices and rates quoted in our offer, including charge - out or variation rates are exclusive of VAT.
We understand that Liquidated Damages will be “Nil” and that retentions, bank guarantees or securities will not apply to any order or contract resulting from this quotation.
Customer hereby acknowledges, agrees and consents to the following terms and conditions all of which shall govern Customer’s use of any and all services (“ services”) of Anzu Refractories,
as set forth and described above in the Description of Services:
OBLIGATIONS OF CUSTOMER:
1. Customers shall provide labour to Anzu Refractories for the loading and positioning of Anzu Refractories equipment at the location where the services shall be rendered ( job site ) and for the reloading of Anzu
Refractories equipment at the conclusion of the services. Customer shall provide adequate, uncluttered working space around the job site and any other areas where Anzu Refractories equipment may be located,
and shall provide appropriate night lighting, sanitary and restroom facilities, around the clock on weekends and public holidays.
2. Customer warrants to Anzu Refractories that, at the time of the commencement of the services and at all times during the performance of the service , the furnace or vessel requiring the services shall be and shall
remain in a well maintained, safe and normal condition and that all supplies associated with the said furnace are correctly marked and safely positioned. Customer shall not without the express prior written permission
of Anzu Refractories, permit Customers agents, employees or third to attempt any repairs, maintenance additions deletions or any changers whatsoever to any Anzu Refractories equipment before during or after the
period
3. Customer shall provide an authorized employee or agent for consultation by Anzu Refractories during the full period the services are being rendered, whom shall be knowledgeable in the design and operation of
Customers furnace requiring the services and whom shall be familiar with the nature and extent of the services. Should Customers plant or union regulation require stand by labour or should Anzu Refractories be
unable to assemble and disassemble Anzu Refractories equipment through Anzu Refractories employees Customer shall be soley responsible for all costs and expenses thus incurred by Anzu Refractories arising
from or connected with standby labour or the assembly or disassembly of Anzu Refractories equipment which cost and expenses shall be surcharged on and in addition to the total price set forth herein.
4. Acceptance of the Customers order by Anzu Refractories is subject to availability of personnel and equipment to perform the services on the date required by the Customer and is subject to confirmation at time of
order placement.
5. Customer shall and does hereby, jointly and severally if more than one indemnify and agree to defend Anzu Refractories ( with counsel selected by Anzu Refractories) it’s officers, directors, shareholders agents
servants and employees ( collectively, the Representatives) and hold Anzu Refractories and its Representive in harmless from and against any and all liabilities, damages, losses, or claims of any kind what so ever
( collectively the claims ) and all cost or expenses including attorneys fees and costs of investigation incurred in defending against and / or settling such claims or any amounts paid in settlement thereof arising of or
connected with any liability, loss or damage to Anzu Refractories equipment and any injuries or death of Anzu Refractories representative arising from a conditions of customers premises or the job site, or the acts
of omissions of customers agents, servants, employees, invitees or subcontractors, or of any independent contractors providing services to the customer, while Anzu Refractories is performing the service. Anzu
Refractories assumes no responsibility or liability for any loss or damage of any kind or nature arising out of or connected with the design, installation, manufacture, operation or maintenance of customers equipment
and facility, or the acts of omission of any independent contractors providing services to customers. Should your insurance requirements extend beyond coverage provided by Anzu Refractories we reserve the
option to pass through any additional costs incurred.
6. Anzu Refractories shall issue a final billing upon completion of the services, provided however should the length of time for the performance of the service exceed Anzu Refractories may issue partial billing after
each calendar week until the services are completed. Anzu Refractories shall issue a final billing. Terms of payment shall be a net thirty ( 30 ) days from date of each invoice.
7. Unless specifically stated to the country in Anzu Refractories proposal and quotation no time has been allocated in our office for either onsite or offsite safety training / inductions or medical examination that
may be required either by Anzu Refractories customers or third party. Should such requirements be imposed upon Anzu Refractories all additional costs shall be the responsibility of the customer and will be
invoiced extra to the customer on completion of the project.
8. The terms set forth herein constitute the entire agreement between both parties. All terms and conditions set forth govern any variance with the terms and conditions of any order or other documents submitted
by the customer.