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Conditions Of Supply


These Conditions apply to and are deemed to be incorporated in all contracts for the sale of equipment or the supply of services by Esco Aster. No addition or variation or waiver of these Conditions has any legal effect except as specifically agreed by Esco in writing.


"Equipment" means any machinery, systems, or associated parts designed and manufactured or assembled by Esco at the Esco facility located in Bintan, Indonesia, Taicang, China, Pennsylvania, US, Barnsley, UK, and Lithuania, or at another Esco facility, or sourced elsewhere at Esco's discretion.

"Customer" includes, but not limited to, distributors, dealers, sales representatives, end-users, and any principal or agent of these customers.


  1. Quotations and Acceptance
    • Prices and terms of contract quoted by Esco are exclusive of the cost of freight and packing. Delivery shall be ex works the principal place of manufacture unless otherwise agreed with the Customer.
    • Prices quoted by Esco shall remain valid for a period of 60 days unless otherwise agreed or unless Esco's costs increase for reasons outside its control.
    • If the Customer specifies a currency other than that in which Esco quotes, Esco reserves the right to amend the quoted price by any amount to cover movements in the exchange rate between the currency of the quotation and the specified currency arising between the time of quotation and acceptance of the order.
    • The obligations of Esco hereunder are subject to the prior receipt by Esco of any export licenses required in connection with the shipment of the equipment. In addition, nothing contained herein shall be deemed to require Esco to take any action that would constitute, directly or indirectly, a violation of any laws of any applicable jurisdiction, and Esco’s failure to take any such action shall not be deemed a breach hereunder.
  2. Schedules and Delays
    • Esco shall, during the design and manufacture or assembly of the equipment, provide the Customer with progress schedules and notify the Customer of any projected delays in delivery. Notification of any delay shall give Esco's best estimate of the date on which dispatch is projected.
  3. Shipment
    • Unless otherwise agreed, the Customer is responsible for transportation from the principal place of shipment. Esco shall, at the Customer’s request and expense, arrange carriage and insure the equipment against normal transit risks, but in the event of loss or damage whether caused by the negligence of Esco or its carrier or any other person, Esco’s liability shall be limited to passing on to the Customer the benefit of such insurance.
    • If instructions for dispatch are not received or if the Customer otherwise fails to take delivery or requires Esco to delay delivery beyond any agreed delivery date, Esco shall be entitled to decide for storage of the equipment and to charge the Customer accordingly, and the Customer shall become responsible for the risk of loss of or damage to the equipment and for paying the contract price as if the goods had been delivered. Esco shall be entitled, after reasonable notice to the Customer, to dispose of the equipment elsewhere.
  4. Installations
    • If requested, Esco and its employees or subcontractors will provide supervisory services or perform installation, erection or commissioning services on the equipment. These services shall be supplied for an agreed period and for a specified function, and the Customer shall pay for the provision of a representative at the specified rate per day plus living and travel and other ancillary expenses that may be incurred by reason of performing these services. For this purpose, one day shall be deemed to mean eight (8) hours. Additional hours per day shall be charged at a premium.
    • If such services are required for several days in excess of the period agreed, the Customer shall inform Esco in writing of the requirement and Esco reserves the right to request the Customer to pay for additional days in the same manner as specified above plus any additional costs or expenses incurred by reason of the extension of the period of service.
    • The Customer shall prepare a location and facilities suitable for the equipment according to specifications to be issued by Esco upon completion of its design of the equipment. If Esco is not satisfied with preparatory work, it reserves the right to charge for costs caused by delay.
    • The Customer shall prepare a location and facilities suitable for the equipment according to specifications to be issued by Esco upon completion of its design of the equipment. If Esco is not satisfied with preparatory work, it reserves the right to charge for costs caused by delay.
    • Esco shall not be responsible for off-loading, provision of, and connection to services and utilities.
    • The Customer shall ensure safe and adequate access to the site for Esco and its employees and subcontractors and shall be responsible for the safe custody of all equipment materials and other property left on site by Esco during installation. The Customer shall be liable for any injury suffered by Esco or its employees or subcontractors except to the extent injury is caused by their own negligence.
  5. Payment
    • Unless otherwise agreed, payment of the Purchase Price by the Customer to Esco shall be according to the agreement associated with the quotation ordered against, or pre-established terms.
    • Esco reserves the right to pass on to the Customer any increases in costs arising for reasons outside its control.


Quotations & Payment


  1. Quotations and Acceptance
    • Prices are quoted exclusive of applicable sales and use taxes, import duties, and/or other local taxes and fees which will be charged at the rates prevailing at the time of supply.
    • No obligation shall be binding on Esco unless and until received and accepted by Esco in writing.
  2. Delivery
    • Although Esco shall endeavor to supply equipment within the time specified, no liability can be accepted for delays in delivery due to any cause beyond Esco’s reasonable control, or for any other reason unless specifically agreed in writing. If work is delayed or interrupted by the Customer, the Customer shall pay Esco for all additional resulting charges.
    • Esco reserves the right to make shipment in installments.
    • Unless otherwise agreed, any discrepancy in or damage to the equipment must be notified to Esco in writing within thirty (30) days of shipment or dispatch, failing which, Esco accepts no liability for discrepancies in or damage to the equipment. Failure by the Customer to give such notice shall constitute unqualified acceptance and a waiver of all such claims by the Customer.
    • The Customer shall be required to procure at its own expense any import licenses or related documentation required for the country of destination and any intermediate destination to which the equipment is to be dispatched or delivered. The Customer shall be responsible for any import duties.

Overdue Payment

Patents, Design Rights etc.


As far as reasonably practicable, Esco has ensured that its equipment has been so designed and constructed as to be safe and without risks to health when properly installed and used in accordance with Esco's operating instructions. The Customer is responsible for any risks to health or safety from Esco equipment in its possession or control and must ensure that persons who use, maintain, or otherwise handle equipment supplied by Esco receive adequate training and safety literature. Safety literature will be supplied by Esco free of charge and may be photocopied by the Customer as required.

Limited Warranty Period

Limitation of Liability

Force Majeure

Without prejudice to any other terms hereof, Esco shall not be liable for any failure to fulfill its obligations under this Contract if the carrying out of any obligation is hindered or prevented by any fortuitous event or circumstances beyond Esco's reasonable control or, without prejudice to the generality of the foregoing, acts of God, fire, flood, war, strike, lock-out or industrial dispute or failure of breakdown of plant, supplies, transport, or equipment. If the delivery of equipment or completion of any work should be delayed for more than six months, the Customer shall be entitled to cancel the Contract or the remainder thereof on payment of a reasonable sum for part performance but shall not be entitled to any other damages or compensation whatsoever.


The Customer may not cancel the Contract or any part thereof except by giving prior written notice which must be acknowledged by Esco also in writing. On cancellation, the Customer may be charged for all work done and materials provided up to the time of cancellation plus a charge for the overheads and loss of profit.


If the Customer commits any act of bankruptcy or, being a company, has a receiver appointed, or an administration order made against it, or goes into liquidation (except for the purpose of reconstruction or amalgamation), or commits any breach of any provision of this Contract, then all sums due hereunder shall immediately become due and payable and Esco may, notwithstanding any previous waiver, terminate this Contract forthwith by written notice, but without prejudice to any prior right of either party.

Applicable Law and Jurisdiction

The validity, interpretation, and performance of the Contract is governed by and shall be construed in accordance with the laws of the place of Esco's registered office, without giving effect to any choice of law or conflict of law provision or rule, and specifically excludes the UN Convention on the International Sale of Goods. Any dispute arising out of or in connection with the Contract shall be submitted to the exclusive jurisdiction of the courts of the place of Esco's registered office.