These Terms and Conditions apply to all quotations, orders and contracts for the supply of goods and services by Ozcon Environmental. They are intended for business-to-business transactions only. Acceptance of a quotation, issue of a purchase order, payment of a deposit, or instruction to proceed constitutes acceptance of these Terms unless otherwise expressly agreed by Ozcon Environmental in writing.
1. Quotations, Prices and Currency
Unless otherwise stated, quotations are valid for the period specified in the quotation. Prices are net of VAT and any other applicable taxes, duties, import charges, local levies or similar charges, which shall be payable by the Buyer. Prices may be revised before order acceptance where there are material changes in exchange rates, freight, raw material or supplier costs. Once an order has been accepted, the agreed price shall apply except where the Buyer requests a change to the scope or where additional costs arise from circumstances attributable to the Buyer.
2. Scope of Supply
The supply is limited strictly to the equipment, documentation and services expressly identified in Ozcon Environmental’s written quotation or order confirmation. Any item, service, installation work or responsibility not expressly included is excluded. Verbal discussions, drawings, preliminary calculations and correspondence do not amend the scope unless confirmed in writing by Ozcon Environmental.
3. Made-to-Order and Bespoke Equipment
Unless expressly stated otherwise in writing, all equipment supplied by Ozcon Environmental is manufactured, configured, assembled or procured specifically to order. Equipment may incorporate components purchased or committed to by Ozcon Environmental specifically for the Buyer’s project. Accordingly, an accepted order constitutes a firm and binding commitment by the Buyer.
4. Order Acceptance, Cancellation and Changes
An order becomes binding when Ozcon Environmental issues written order confirmation, accepts the Buyer’s purchase order, receives an agreed advance payment, or otherwise confirms that manufacture or procurement has commenced, whichever occurs first. Once binding, an order may not be cancelled, suspended, reduced or materially changed by the Buyer without Ozcon Environmental’s prior written agreement.
Where Ozcon Environmental agrees to a cancellation or change, the Buyer shall reimburse all costs, commitments, supplier cancellation charges, engineering costs, manufacturing costs, administrative costs and other losses reasonably incurred by Ozcon Environmental as a result. Where manufacture or procurement has commenced and the goods cannot reasonably be resold or repurposed, Ozcon Environmental may charge up to the full contract price. Any agreed change may also result in revised pricing and delivery dates.
5. Payment Terms
Payment shall be made in accordance with the schedule stated in the quotation, pro-forma invoice, order confirmation or invoice. Where no specific schedule is stated, a 50% advance payment is required upon order confirmation and the balance is payable before dispatch. Advance payments and deposits relating to made-to-order equipment are non-refundable except where Ozcon Environmental is unable to fulfil the order for reasons within its reasonable control.
Ozcon Environmental may suspend engineering, procurement, manufacture, dispatch, commissioning, warranty attendance or other services while any amount due remains unpaid. Such suspension shall not constitute a breach by Ozcon Environmental and any resulting delay shall extend the delivery programme accordingly.
6. Late Payment
All invoices must be paid by the due date without set-off, deduction or withholding except as required by law. Ozcon Environmental reserves all rights available under the Late Payment of Commercial Debts (Interest) Act 1998, including the right to charge statutory interest, fixed compensation and reasonable recovery costs, where applicable.
7. Delivery Dates and Delays
Delivery and completion dates are estimates unless expressly confirmed in writing as fixed contractual dates. Lead times commence only after receipt of all information, approvals, drawings, samples, payments and other inputs required from the Buyer. Ozcon Environmental shall not be liable for delay caused by suppliers, carriers, customs, shortages, regulatory matters, force majeure, changes requested by the Buyer, late approvals, late payments or any other matter beyond Ozcon Environmental’s reasonable control.
Where delay is attributable to the Buyer, Ozcon Environmental may revise the delivery programme and charge reasonable storage, handling, re-delivery, demurrage, travel, labour and other resulting costs.
8. Delivery, Risk and Retention of Title
Unless otherwise agreed in writing, goods are delivered at the Buyer’s cost and risk. Risk in the goods passes to the Buyer upon delivery to the agreed destination or, where the Buyer arranges collection or transport, when the goods are made available for collection or handed to the carrier.
Legal title to the goods remains with Ozcon Environmental until all sums due in respect of the goods have been received in cleared funds. Until title passes, the Buyer shall keep the goods identifiable, properly stored, protected and insured and shall not pledge or otherwise encumber them.
9. Packaging, Freight and Transport Insurance
Packaging, freight, customs clearance, unloading, special handling and transport insurance are excluded unless expressly included in the quotation. Where Ozcon Environmental arranges transport on the Buyer’s behalf, the cost may be invoiced separately. Unless expressly agreed otherwise, the Buyer is responsible for ensuring that appropriate transit insurance is in place.
10. Inspection and Transport Claims
The Buyer shall inspect the goods immediately upon receipt. Visible loss, damage or packaging defects must be recorded on the carrier’s delivery documentation at the time of delivery and notified to Ozcon Environmental promptly in writing. Concealed transport damage must be reported as soon as reasonably practicable after discovery and within any applicable carrier claim period. Ozcon Environmental shall not be responsible for transport claims prejudiced by the Buyer’s failure to inspect or record damage appropriately.
11. Returns
Made-to-order, bespoke, configured, modified or specially procured goods are non-returnable. No goods may be returned without Ozcon Environmental’s prior written authorisation. Where Ozcon Environmental exceptionally agrees to accept a return of standard unused goods, the goods must be returned in original condition and packaging at the Buyer’s cost and may be subject to inspection, testing, re-stocking and transport charges. Acceptance of a return does not imply acceptance of liability.
12. Customer Information and Design Basis
System selection, sizing, engineering and recommendations are based on information made available by the Buyer, including where relevant flow rate, pressure, temperature, humidity, water quality, contaminant concentration, COD, BOD, ozone demand, ventilation, process conditions, operating hours, utility availability and required treatment objective. The Buyer is responsible for the accuracy and completeness of such information.
Ozcon Environmental shall not be liable for inadequate performance, additional cost, redesign or modification arising from inaccurate, incomplete or subsequently changed process information or operating conditions. Where actual site or process conditions differ materially from the agreed design basis, additional equipment or engineering may be required and shall be chargeable.
13. Process Performance and Treatment Results
Unless a specific performance guarantee is expressly stated in the quotation and identified as a guaranteed contractual performance criterion, process calculations, ozone doses, treatment rates, removal efficiencies, log reductions, oxidation results, odour reduction, shelf-life improvements and similar application outcomes are engineering estimates or design objectives and are not guaranteed.
Actual performance may be affected by water or air chemistry, contaminant loading, temperature, humidity, mass transfer, contact time, mixing, ventilation, upstream and downstream processes, operating practices and other site-specific conditions outside Ozcon Environmental’s control. A guarantee of equipment output or capacity does not constitute a guarantee of the Buyer’s overall process result.
14. Installation and Site Responsibilities
Unless expressly included in the quotation, the Buyer is responsible for site preparation and all civil, structural, mechanical, electrical, plumbing, ductwork, ventilation, drainage, lifting, access, utilities, interconnecting pipework, cabling, isolation devices, safety interlocks and integration with third-party systems. The Buyer shall ensure that the installation location and utilities comply with the equipment requirements, applicable legislation and good engineering practice.
Any installation drawings or connection information provided by Ozcon Environmental are for the supplied equipment and do not constitute responsibility for the design or certification of the Buyer’s wider installation unless expressly agreed in writing.
15. Start-Up and Commissioning
Where commissioning is included, the site must be complete, safe, accessible and ready for commissioning before attendance. Required utilities, water, air, oxygen, electrical supply, ventilation, process flow and other services must be available and operating. Additional attendance caused by incomplete works, unavailable utilities, site delays, failed third-party equipment or matters outside Ozcon Environmental’s control shall be chargeable.
Where Ozcon Environmental specifies that authorised commissioning is required, operation of the equipment before such commissioning, or commissioning by unauthorised personnel, may invalidate warranty coverage to the extent that a defect or damage results from that action.
16. Acceptance
The Buyer shall notify Ozcon Environmental in writing of any material defect or non-conformity promptly after delivery or commissioning, as applicable. In the absence of such notification, the goods shall be deemed accepted, without prejudice to any valid warranty claim for a latent defect that could not reasonably have been identified during initial inspection or commissioning.
17. Warranty
Unless otherwise stated in the quotation or manufacturer documentation, ozone systems supplied by Ozcon Environmental are warranted for 24 months and commercial kitchen filtration systems for 12 months against verified manufacturing or design defects. The applicable warranty commencement date shall be the date stated in the quotation, order confirmation or manufacturer’s warranty terms and, where no date is stated, the invoice date.
Ozcon Environmental’s obligation under warranty is limited, at its option, to repair or replacement of the verified defective component or equipment. Warranty does not cover consumables, normal wear and tear, contamination, corrosion caused by unsuitable process conditions, misuse, incorrect storage, inadequate maintenance, incorrect installation, operation outside specified limits, unauthorised modification, accident, external electrical faults, water damage, natural events or damage caused by third-party equipment.
Unless expressly agreed otherwise, warranty does not include freight, postage, customs charges, removal, reinstallation, site labour, travel, accommodation or other attendance costs. These costs may be invoiced separately.
18. Maintenance and Operating Requirements
The Buyer shall operate, inspect and maintain the equipment in accordance with the applicable manuals, maintenance schedules and written instructions. Required consumables and service items must be replaced at the specified intervals. Failure to follow required operating or maintenance procedures may invalidate warranty coverage where it causes or contributes to the relevant defect.
19. Safety and Regulatory Responsibilities
The Buyer is responsible for operating the equipment safely and for ensuring that the complete installation and its use comply with applicable site rules, health and safety requirements, environmental requirements and local legislation. In particular, ozone equipment must be operated with appropriate ventilation, monitoring, interlocks and occupational exposure controls where required by the application.
Product conformity documentation supplied by Ozcon Environmental relates to the equipment as supplied and does not constitute certification of the Buyer’s complete process, installation or integrated system unless expressly agreed in writing.
20. Intellectual Property and Technical Information
All intellectual property rights in Ozcon Environmental’s quotations, concepts, calculations, drawings, specifications, software configurations, PLC/HMI logic, technical documents and engineering work remain with Ozcon Environmental or the relevant third-party owner unless expressly assigned in writing. Information supplied to the Buyer may be used for operation, maintenance and integration of the purchased equipment but may not be copied, disclosed or used to manufacture, procure or reproduce the equipment or design through a third party without prior written consent.
21. Limitation of Liability
Nothing in these Terms excludes or limits liability where such liability cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
Subject to the foregoing, Ozcon Environmental’s aggregate liability arising out of or in connection with an order, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total amount paid or payable to Ozcon Environmental under the relevant order.
Ozcon Environmental shall not be liable for any indirect or consequential loss, or for loss of profit, revenue, production, business, contracts, anticipated savings, goodwill, product, crop, stock, data or business opportunity, whether direct or indirect, except to the extent that such exclusion is prohibited by law.
22. Force Majeure
Ozcon Environmental shall not be liable for failure or delay in performing its obligations where caused by circumstances beyond its reasonable control, including acts of God, fire, flood, epidemic, pandemic, war, terrorism, civil disturbance, industrial action, energy shortage, material shortage, supplier failure, transport disruption, customs delay, governmental action, regulatory change, import or export restriction, or failure of utilities or communications. Performance shall be suspended for the duration of the affected circumstances and the relevant timescales shall be extended accordingly.
23. Suspension and Termination
Ozcon Environmental may suspend performance or terminate an order by written notice where the Buyer fails to make payment when due, materially breaches the contract, becomes insolvent or where Ozcon Environmental reasonably believes the Buyer will be unable to meet its payment obligations. Termination shall not affect accrued rights, and all amounts due for completed work, committed materials, manufactured equipment and other non-cancellable costs shall become immediately payable.
24. Data Protection
Ozcon Environmental will process business contact and customer information for legitimate business purposes including quotation, order fulfilment, technical support, warranty, accounting and legal compliance. Personal data will be handled in accordance with applicable UK data protection law and will not be disclosed except where required for fulfilment of the contract, legitimate business administration or legal obligations.
25. Governing Law and Jurisdiction
These Terms and any contract arising from them shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising out of or in connection with the contract.
26. Entire Agreement and Order of Precedence
The quotation, written order confirmation and these Terms constitute the agreement between the parties in relation to the supply. In the event of inconsistency, any specific written terms stated in Ozcon Environmental’s quotation or order confirmation shall take precedence over these general Terms. Any terms contained in the Buyer’s purchase order or other documentation shall not apply unless expressly accepted by Ozcon Environmental in writing.
27. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect. A failure or delay by Ozcon Environmental to exercise any right shall not constitute a waiver of that right. No variation of these Terms is effective unless agreed in writing by Ozcon Environmental.