Special Operating Terms & Customer Responsibilities
These Special Operating Terms & Customer Responsibilities form part of Erntec’s publicly available terms and conditions framework.
They do not replace Erntec’s standard Terms & Conditions of Sale but provide supplementary operating terms and guidance explaining how Erntec works in specific situations where additional clarity is required for effective and efficient project delivery.
Unless otherwise expressly agreed in writing, Erntec’s Terms & Conditions of Sale continue to apply
1. Lead Time & Delivery
- Lead times provided at quotation stage are indicative only and are based on information available at the time of quoting.
- Firm delivery dates are confirmed at order acceptance, once scope, material availability (including long‑lead items), and production scheduling are finalised.
- All deliveries are managed in accordance with Erntec Pty Ltd’s Terms & Conditions of Sale.
2. Customer Supplied Materials – Risk & Responsibility
Where Erntec agrees to process, assemble, or integrate customer supplied materials:
- Erntec will exercise reasonable care in handling and processing those materials in accordance with the agreed scope of work.
- Erntec is not responsible for defects, failures, or damage arising from:
- The condition or suitability of the materials at the time of receipt
- Inherent material characteristics
- Customer‑provided designs, drawings, or specifications
- Any additional handling, inspection, fixturing, protection, or process controls required due to the nature of customer supplied materials may attract additional charges.
- To the extent permitted by law, Erntec’s liability for damage to customer supplied materials is limited to the direct cost of repair or replacement of the affected materials only.
- If, following assessment, Erntec determines that the materials present an unacceptable risk or result in a material change to scope, Erntec reserves the right to decline to proceed or to require alternative arrangements.
Nothing in this section removes Erntec’s obligation to exercise reasonable care.
3. Drawings, Specifications & Customer Approval
All drawings, layouts, schematics, and specifications issued for approval should be reviewed and approved by the customer prior to manufacture.
Customer approval confirms acceptance of:
- Dimensions and layouts
- Interface locations
- Functional intent
- Scope as presented
Erntec is not responsible for errors or omissions that were present in approved documentation. As per 5. Changes requested after approval may impact lead time, cost, and delivery.
4. Quote Acceptance, Purchase Orders & Scope Control
A quotation becomes binding only when it is:
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Accepted in writing (purchase order, signed quote, or written confirmation), and
- Acknowledged by Erntec.
Any purchase order issued by the customer is accepted solely for administrative and reference purposes.
Unless expressly agreed in writing by Erntec, any customer purchase order terms that are inconsistent with:
- Erntec’s Terms & Conditions of Sale, or
- These Special Operating Terms & Customer Responsibilities
do not apply.
Erntec does not accept customer purchase order terms by silence, performance, or commencement of work.
The accepted quotation defines the agreed scope of supply. Any changes after acceptance are treated as variations and may impact pricing and delivery.
5. Variations & Changes to Orders in Process
- All variations requested after placement of order not expressly scoped must be requested in writing.
- Erntec will assess the technical, cost, and schedule impacts of any requested change.
- Work on variations will not commence until agreed in writing by both parties.
6. Customer Standards & Project‑Specific Requirements
Where customer standards or project‑specific requirements exceed Erntec’s normal manufacturing practices, these must be identified prior to quotation. Additional compliance requirements may result in adjusted pricing and lead times.
7. Certification, Compliance and Bespoke Products
Unless expressly stated otherwise in writing by Erntec Pty Ltd (“Erntec”), the following conditions apply to all goods and services supplied:
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Bespoke Products
Products supplied by Erntec are manufactured on a bespoke or project‑specific basis and are not standard, catalogue, or pre‑certified products.
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No Automatic Certification or Type Testing
Erntec does not warrant or represent that any bespoke product has been subjected to certification, type testing, or formal compliance assessment (including but not limited to IP ratings, electrical standards, safety standards, or industry codes), unless such testing or certification is expressly included as a separately quoted item.
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No Implied Compliance
Any reference to standards, specifications, codes, ratings, regulatory requirements, or customer templates shall be deemed design intent only, and shall not constitute certified compliance, type approval, or a guarantee of conformity.
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Final Configuration Only
Any performance, rating, or compliance reference applies only to the product in its final, completed configuration. No representation is made in respect of interim, partially completed, pre‑installation, or modified states.
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Installation and Use
Final compliance and performance may depend on installation, integration, configuration, site conditions, and downstream workmanship. Erntec accepts no responsibility for non‑compliance arising from installation, modification, or use outside Erntec’s direct control.
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Third‑Party Certification
Where certified testing or formal compliance documentation is required, such requirements must be:
- expressly agreed in writing,
- undertaken by an independent third party where applicable, and
- quoted as a separate scope, including all associated costs, lead times, and design constraints.
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Exclusion of Liability
Erntec shall not be liable for rejection, delay, or additional costs arising from assumptions or requirements relating to certification or compliance not expressly agreed at the time of quotation.
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Warranty Reference
For the avoidance of doubt, nothing in this clause limits Erntec’s obligations under its General Warranty in respect of defects in material or workmanship.
