Terms and Conditions of Sale
Interpretation
Unless otherwise inconsistent with the context, the word “person” shall also mean company or entity.
Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
“Burwell” shall mean Burwell Technologies Pty Ltd or related company, its successors and assigns.
“Contract” means the Terms of Trade and the relevant Burwell quote.
“Customer” means applicant, purchaser or representative of the entity.
“Goods” shall include services.
“Hirer” means customer, purchaser or representative of the entity agreeing to hire equipment supplied by Burwell.
“Hire Period” means time from Hirer receiving goods until the return of goods to Burwell.
“Invoice” means a Tax Invoice if GST applies to the items in the invoice, otherwise a non-Tax Invoice.
“Order” means any agreement (verbal and/or written) between Burwell and the purchaser for the sale of goods.
“Order to Build” means the manufacture of goods not currently in stock with Burwell.
“PPSA” means the Personal Property Securities Act 2009 (Cwlth) and the regulations thereunder.
“PPSR” means the Personal Property Securities Register.
“Remote Location” means a location more than 200km from a Burwell branch.
“Terms” means these Terms and Conditions.
Terms and Conditions of Sale
Offer and Acceptance
Any quotation made by Burwell is not an offer to sell or to provide goods. Burwell shall not be bound by any order given in pursuance of any quotation until it is accepted in writing by Burwell or by the commencement of supply or the provision of goods. Unless otherwise agreed in writing, all orders are subject to acceptance by Burwell.
These terms and conditions shall be deemed to be incorporated into any agreement between Burwell and the Customer. Any terms and conditions contained in any order, offer, acceptance or other document of the Customer and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
Any instructions received by Burwell from the Customer for the supply of goods shall constitute acceptance of the terms and conditions herein.
Quotes provided to the customer are only valid for 30 days from the date of the quote.
Delivery
Any date quoted for delivery is an estimate only. Burwell shall not be liable to any Customer or any other party for any loss or damage including direct or indirect or consequential injury loss or damage whatsoever by reason of any delay in delivery or installation, strike or any other industrial action, or any other cause whatsoever.
Burwell Technologies reserves the right to deliver by instalments and if delivery is made by instalments the Customer shall not be entitled to terminate or cancel the contract.
For Order to Build quotes, Burwell may invoice in instalments.
Delivery of the goods to a third Party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
Once the Customer is notified that goods are ready to ship, any equipment not paid at this time will be stored and the Customer will be charged a storage fee until the account is settled.
Responsibility for the suitability of the vehicle, load restraint equipment (including all required straps), and the safe loading, securing, and transportation of purchased goods rests solely with the Customer and/or their transporter. Burwell does not accept responsibility or liability for freight loads once loaded, or for any loss, damage, or non-compliance arising from the loading, securing, or transport of goods.
Due to Burwell’s duty of care and the chain of responsibility legislation, Burwell may refuse to load a Customer’s products if it does not comply with safety regulations. This includes if the load is not secured properly, the load is too heavy for the vehicle, deemed unsafe or unworthy in any way. Please be vigilant and prepared when picking up your purchased goods to have all required straps and to make sure the load can be loaded correctly and travelled safely on the vehicle.
The failure of Burwell to deliver equipment as arranged, for whatever reason, shall not entitle either party to treat the sale or hire as having been repudiated.
Payment
Unless otherwise agreed in writing, terms of payment are strictly thirty (30) days from the end of month of the date of invoice.
Credit Card Payments will attract a processing fee (not exceeding 2%).
For order to Build quotes, unless specifically stated in the terms of the quote, require a 40% deposit at time of order, with the balance due before delivery.
Title
Notwithstanding the delivery of the goods or part thereof, the goods remain the sole and absolute property of Burwell as full legal and equitable owner until such time as the Customer has paid Burwell the full purchase price together with the full price of any other goods that are the subject of any other contract with Burwell.
The Customer acknowledges that they receive possession of and holds goods delivered by Burwell solely as bailee for Burwell until such time as the full price thereof is paid to Burwell together with the full price of any other goods then the subject of any other contract with Burwell Technologies.
Until such time as the Customer becomes the owner of the property, they will store them on the premises separately and ensure that the goods are kept in good and serviceable condition; this includes securing the goods from risk, damage and theft; and ensuring the goods are fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the Customer.
Credit Limits
Burwell may at any time offer to set a credit limit for the customer and the customer will be deemed to have accepted that credit limit by accepting delivery or continuing to accept delivery of products from Burwell or by ordering further products or services under this contact.
Burwell reserves the right to withdraw credit at any time, whether the Customer is in default under the terms of this agreement or not.
Personal Property Securities Act 2009 (“PPSA”)
The Customer hereby consents to Burwell recording the details of this agreement on the Personal Property Security Register against the purchase of any goods from Burwell as guarantee in case of payment default, company liquidation or administration.
The Customer waives any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Security Register.
Risk
Unless otherwise agreed in writing, risk in the goods shall pass to the Customer at the time when the goods have been placed on the vehicle which is to effect delivery. The goods shall remain at the Customer’s risk at all times, unless and until Burwell retakes possession of the goods pursuant to these terms and conditions.
Claims
Burwell shall not be liable for any loss or damage whatsoever and howsoever arising whether direct indirect or consequential or in respect of any claim whenever and however made for any loss or damage, deterioration efficiency or other fault or harm in the goods manufactured, work executed or services provided by or on behalf of or in any arrangement with Burwell or occasioned to the Customer or any third or other party or to their property or interest and whether or not due to the negligence of Burwell, its servants or agents.
As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the Customer, the Customer shall within fourteen days notify Burwell in writing of the same.
Burwell shall not be liable in any circumstances for any defects or damages caused in whole or in part by misuse, abuse, neglect, electrical or other overload, non-suitable lubricant, improper installation, repair or alteration (other than by Burwell) or accident, or:
- Any transport freight charges for installation, removal labour or other costs not specified in quote
- Defects in goods not manufactured by Burwell, but Burwell will endeavour to pass on to the purchaser the benefit of any claim made by Burwell and accepted by the manufacturer or such goods under a warranty given by the manufacturer of such goods.
- Technical advice not in connection with the manufacture, construction or supply of goods
The exemptions, limitations, terms and conditions shall apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract.
Goods returned for Credit
Goods will be accepted for return ONLY after approval by Burwell. All returned goods shall be delivered to Burwell (where Burwell so approves the return) at the Customer’s cost in good order and condition, unused and in the original packaging accompanied by the dispatch notes stating the original invoice number, date of supply and reason for return. Except where goods have been wrongly or oversupplied, a re-stocking charge of 20% will be charged to the Customer to cover handling and return costs.
Goods will not be accepted if they were purchased more than 3 months prior to the return date, unless for a warranty reason and must be approved by Burwell.
Products that are specifically ordered in for the Customer or manufactured specifically for the Customer are non-refundable.
Warranty
Burwell manufactured products
Burwell warrants that any defect in workmanship that is reported with 12 months of the date of delivery will at Burwell’s discretion be either replaced or repaired. It does not cover defects or damage that may be caused or partly caused by failure to properly maintain equipment, to follow instructions or guidelines, continued use after defect is noticed, fair wear and tear, any accident or act of God, unsuitable dry compressed air provided by the customer or use of equipment for purpose it was not designed for.
Burwell resold products
On products which Burwell buys and resells from a supplier, Burwell warrants that the products carry the warranty of the supplier.
In satisfying a warranty claim, Burwell reserves the right to either repair or replace the item. It is at the discretion of Burwell to determine if a refund is appropriate.
Except as expressly set forth above, all warranties, express, implied or statutory, including implied warranty or merchantability, are hereby disclaimed.
Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Burwell, Burwell is unable to perform in whole or in part any obligation under this agreement, Burwell shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the Customer in respect of such inability.
Default
Upon the occurrence of default by the Customer in compliance with the terms or any other agreement with Burwell herein, Burwell may at its discretion withhold further supplies of goods or cancel this agreement or vary the terms of this agreement without prejudice to its rights hereunder.
Burwell may at any time and from time to time upon such terms as it may determine waive any of its rights under this clause, but without prejudice to its rights thereafter of any of the events herein-before referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver.
Without prejudice to any other right or remedy the Customer shall indemnify Burwell against any costs fees charges and disbursements charged by any solicitor engaged for the purpose of the collection of recovery of moneys due and payable by the Customer to Burwell Technologies on an indemnity basis and any fees, charges, disbursements or commissions charged by any mercantile agency or debt collection firm.
Jurisdiction
The Customer acknowledges and agrees that this agreement will be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales.
The Customer acknowledges and agrees that any contract for the supply of goods or services between Burwell and Customer is formed at the address of Burwell.
The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts.
Charge
The Customer hereby charges with payment of any indebtedness to Burwell all beneficial interest (freehold and leasehold) in land and personal property held now or in the future by the Customer. The Customer agrees that if demand is made by Burwell, the Customer receiving such a demand will immediately execute a mortgage or other instrument of security, or consent to a caveat, as required and against the event that the Customer fails to do so within a reasonable time of being so requested, the Customer hereby irrevocably and by way of security appoints any credit manager or solicitor engaged by Burwell to be its true and lawful attorney to execute and register such instruments. Notwithstanding any other provision in this clause, Burwell may lodge a caveat on any property of the Customer whenever it so wishes.
Trusts
This clause applies if the Customer is a trustee and whether or not Burwell has notice of the Trust.
Where the Customer comprises two or more persons and any of those persons is a Trustee this clause applies to such Trustee.
The Customer agrees that even though the Customer enters into this Agreement as Trustee of the Trust, the Customer also shall be liable personally for the performance and observance of every covenant to be observed and performed by the Customer expressed or implied in this Agreement.
The Customer warrants its complete, valid and unfettered power to enter into this Agreement pursuant to the provisions of the Trust including power to obtain the credit facility from Burwell and to enter into the covenants to be observed and performed by them expressed or implied in this Agreement and warrants that its entry into this Agreement is in the due administration of the Trust.
Services
The parties agree that service of any notices, demands, proceedings summons suits or actions (process) upon the Customer may be effected by Burwell or its solicitors sending such process by prepaid post to the address given in the Credit Application as the address of the Customer. Service shall be deemed to have been effected two business days after the posting of the process.
Engineering and Drafting
Under an Engineering component of a contract with Burwell the customer has a duty to disclose to the engineer every matter that they know, or could reasonably be expected to know, is relevant to the engineer’s role to enable them to prepare and complete an accurate layout and foundation drawings.
Information that is provided after the engineering meeting may result in engineering variation costs (typically this would be where a client has subsequently changed their mind regarding equipment location). Variation costs will be notified to the customer before work is undertaken.
After layout drawings are approved by the client, all drawing variations that are instigated by the client will result in a variation charge. Burwell cost of variation is $1,100 per day.
Burwell has a policy of continuous product research and improvement. Burwell reserves the right to change design and specifications without notice when the change can be shown to improve the use or safety of the equipment, or with customer approval.
Where a Customer is charged a drafting fee or deposit, and the customer changes their mind and cancels the order, the deposit will be non-refundable to the extent of works undertaken and parts ordered.
Installation
Burwell is always grateful for any assistance provided during an installation or commissioning on site. Any use of, or loan of, staff or equipment provided by the Customer is considered at nil charge. Burwell will only be liable for expenses where an approved purchase order has been provided from Burwell to the Customer.
For installations, minimum access to the site is required during business hours on weekdays. Limited access may incur further costs.
Goods Ready
For build to order items, when such items are ready for delivery but the Customer has not paid for the goods, Burwell reserves the right to charge a holding fee until the amount owed is paid.
Practical Completion
To avoid any doubt, completion of installation is considered the same as practical completion. Completion of installation will include a commissioning report the Customer signs to confirm they are satisfied with the training and commissioning.
Severability
In the event that any provisions herein is invalid, void, illegal or unenforceable, it shall be considered to be severed from the Terms and the validity, existence, legality or unenforceability of the remaining provisions shall not be effected, prejudiced or impaired by such severance.
Waiver
The failure of Burwell to enforce any right or part thereof under these terms shall not be considered a waiver of that right and shall not prevent Burwell from later enforcing that or any other right.
GST
The Customer may pay to Burwell any amount which is payable by Burwell in respect of any supply to the Customer on account of GST. In relation to taxable supplies made under this agreement Burwell agrees to issue the Customer with a tax invoice in accordance with the GST Act or a document satisfying the minimum information requirement set out in GSTR2000/2003 to entitle a recipient of a taxable supply to claim an input tax credit without holding a tax invoice. “GST” means GST as defined in a New Tax System (Good and Services Tax Act 1999). “Supply” means supply(s) defined in a New Tax System (Goods and Services Tax Act 1999).
Cancellation
Burwell may cancel any contract to which these terms and conditions apply or cancel delivery of goods at any time before the goods are delivered by giving written notice to the Customer. On giving such notice Burwell shall repay to the customer any sums paid in respect of the goods (excluding any engineering or drawing fees).
If a customer cancels an order prior to completion, they will forfeit any deposits and be required to pay for any engineering or drawing fees.
Frequently asked questions
Burwell design and manufacture high quality abrasive blasting equipment right here in Australia. Our range includes blast pots, dust collectors, blast cabinets and complete blast room systems, built specifically for contractors and surface remediation specialists who need gear that performs day after day.
Every product is engineered for durability, reliability and ease of maintenance. We take a long term view of manufacturing. That means stronger components, quality welds and designs that make sense on site, not just on paper. When you invest in Burwell equipment, you are buying equipment built to handle harsh Australian conditions and demanding industrial environments.
Because we manufacture locally, we also understand the challenges you face on site. We design equipment that is practical, serviceable and backed by ready access to critical spares. It is equipment built to last, not built to be replaced.
Yes, Burwell supply both purchase and hire options across our blasting equipment range. We understand that not every job requires long term capital investment. Sometimes you need reliable equipment quickly, for a shutdown, short term project or specialised contract.
Our hire fleet includes quality blasting equipment that is maintained to the same standards as our manufactured products. That means you can get on site with confidence, knowing the equipment is ready to perform.
Hiring can also be a practical way to test equipment before committing to a purchase. It gives you flexibility while maintaining productivity. With branches Australia wide, we can support your hire needs locally, reducing delays and keeping your project moving.
Whether you are scaling up for a large remediation project or need backup equipment to avoid downtime, we can provide a solution that fits your timeline and budget.
Burwell support a wide range of industries across Australia, including defence, marine, mining, oil and gas, infrastructure and industrial manufacturing. Our customers include large blasting contractors, remediation specialists and engineering firms responsible for preserving critical assets.
Surface preparation plays a key role in protecting steel structures, concrete assets, pipelines, marine vessels and industrial facilities. Proper blasting ensures coatings adhere correctly and assets achieve maximum service life.
We understand the pressures these industries face, strict compliance requirements, tight deadlines and high performance expectations. Our equipment and abrasives are selected and designed to meet these demands.
With branches Australia wide, we provide local support backed by technical knowledge. Whether you are working on a defence contract, marine refit or large scale infrastructure remediation, we supply equipment and abrasives you can rely on.
