Anti Wave Purchasing Terms and General Terms of Delivery

Effective Date: 01/01/2025
Applies To: All products, systems, equipment, spare parts, accessories, and services supplied by Anti Wave Global Pty Ltd and its licensed manufacturing partners worldwide.

1. Scope

These Purchasing Terms and General Terms of Delivery (“Terms”) apply to all products and equipment supplied by Anti Wave Global Pty Ltd (“Anti Wave”), including but not limited to:

  • Competition swimming equipment
  • Racing lanes
  • Starting blocks
  • Backstroke ledges
  • Water polo goals and field equipment
  • SwimWalls
  • Bulkheads
  • EndWalls
  • Gratings
  • Pool deck equipment
  • Spare parts and accessories
  • Custom-engineered products and systems

These Terms apply globally to all quotations, orders, sales, and deliveries unless otherwise agreed in writing by Anti Wave.

2. Quotations & Validity

All quotations are provided in writing and are valid for thirty (30) days unless otherwise stated.

Pricing is based on:

  • Current raw material, labour, and manufacturing costs
  • Specified Incoterms® 2020 (e.g. EXW, FOB, CIF, DAP, DDP)
  • Quoted freight assumptions and destination ports
  • Current exchange rates and applicable duties/taxes

Prices may be subject to adjustment if:

  • Order specifications change
  • Freight, duties, taxes, or tariffs materially change prior to shipment
  • Exchange rates fluctuate beyond normal commercial tolerance
  • Supplier input costs materially increase prior to production commencement

3. Order Confirmation

An order is considered confirmed only when:

  • A written purchase order or signed quotation is received; and
  • The required deposit payment has been received (unless otherwise agreed in writing)

Verbal orders, indicative commitments, or provisional reservations are not binding unless confirmed in writing by Anti Wave.

4. Payment Terms

Unless otherwise agreed in writing:

Standard Payment Terms

  • 50% deposit required to commence production
  • 50% balance payable prior to shipment

Alternative payment terms may apply for approved distributors, licensees, OEM partners, or repeat commercial customers subject to written agreement.

Title to goods remains with Anti Wave until full payment has been received in cleared funds.

All bank charges, intermediary fees, withholding taxes, and currency conversion costs are borne by the buyer.

Late payments may result in:

  • Delayed shipment
  • Suspension of production
  • Cancellation of supply obligations
  • Interest charges where permitted by law

5. Manufacturing Lead Times

Most Anti Wave products are manufactured to order.

Typical production lead times vary depending on:

  • Product category
  • Quantity
  • Technical configuration
  • Customisation requirements
  • Production scheduling
  • Material availability

Any lead times provided by Anti Wave are estimates only and may vary due to:

  • Custom engineering requirements
  • Client approval delays
  • Peak production periods
  • Global supply chain conditions
  • Material shortages
  • Freight and logistics disruptions
  • Force majeure events

Anti Wave will advise of any material delays as soon as reasonably practicable.

5A. Delays & Consequential Loss

Anti Wave shall not be liable for any delays in:

  • Production
  • Shipment
  • Delivery
  • Customs clearance
  • Installation scheduling
  • Project completion

arising from causes beyond its reasonable control, including but not limited to:

  • Raw material shortages
  • Manufacturing interruptions
  • Freight or logistics disruptions
  • Shipping line delays
  • Port congestion
  • Customs or regulatory delays
  • Government actions or trade restrictions
  • Acts of God
  • War
  • Strikes
  • Pandemics
  • Force majeure events
  • Delays caused by suppliers, carriers, subcontractors, or third-party contractors

Under no circumstances shall Anti Wave be responsible for:

  • Liquidated damages
  • Delay penalties
  • Project backcharges
  • Loss of profit
  • Loss of revenue
  • Loss of use
  • Financing costs
  • Indirect, incidental, special, or consequential damages arising from delayed supply or delivery of goods

Estimated lead times and shipment dates are provided in good faith for planning purposes only and do not constitute guaranteed delivery dates.

6. Order Changes & Cancellations

Changes to confirmed orders must be submitted in writing and are subject to Anti Wave approval.

Changes may result in:

  • Revised pricing
  • Additional engineering costs
  • Extended lead times
  • Revised freight costs

Cancellations

Once production has commenced, orders cannot be cancelled without Anti Wave’s written consent.

Deposits are non-refundable once:

  • Materials are allocated
  • Production scheduling has commenced
  • Engineering or drafting work has begun
  • Manufacturing has commenced

Any approved cancellation may be subject to recovery of all costs incurred up to the cancellation date.

7. Shipping, Freight & Risk

Shipping terms are governed by the agreed Incoterms® 2020.

Risk transfers to the buyer in accordance with the selected Incoterm.

Estimated transit times are provided for guidance only and are not guaranteed.

Anti Wave is not responsible for delays caused by:

  • Shipping lines
  • Freight forwarders
  • Port congestion
  • Customs clearance
  • Carrier disruptions
  • Government inspections
  • Force majeure events

Where goods are stored pending shipment due to buyer delay, Anti Wave reserves the right to charge reasonable storage and handling fees.

8. Customs, Duties & Local Compliance

Unless otherwise agreed in writing, the buyer is responsible for:

  • Import permits and approvals
  • Customs clearance
  • Local duties, taxes, tariffs, and fees
  • Compliance with local laws, regulations, and certification requirements

Anti Wave will provide standard export documentation including, where applicable:

  • Commercial Invoice
  • Packing List
  • Bill of Lading
  • Certificate of Origin
  • Export declarations

9. Inspection & Acceptance

Buyers must inspect goods immediately upon delivery.

Any claims for:

  • Shortages
  • Transit damage
  • Manufacturing defects
  • Incorrect supply

must be notified to Anti Wave in writing within seven (7) days of receipt.

Claims submitted after this period may not be accepted.

The buyer must provide reasonable supporting evidence including photographs and delivery documentation where applicable.

10. Quality Standards & Specifications

All Anti Wave products are manufactured in accordance with:

  • Anti Wave global engineering specifications
  • Applicable international competition standards (where specified)
  • Relevant World Aquatics requirements (where applicable)
  • Anti Wave quality management protocols

Anti Wave reserves the right to make reasonable technical or manufacturing modifications that do not materially affect product performance.

Minor cosmetic variations that do not affect structural integrity, performance, or compliance shall not be considered defects.

11. Warranty

Products are covered by Anti Wave’s standard product warranty applicable to the supplied product category.

Warranty terms are supplied separately or upon request.

Warranty does not cover:

  • Normal wear and tear
  • Improper installation
  • Improper handling or storage
  • Misuse or abuse
  • Unauthorised modification
  • Improper maintenance
  • Corrosion caused by poor water chemistry or environmental conditions
  • Damage caused during third-party transport, unloading, or installation

Anti Wave’s warranty obligations are limited to repair, replacement, or credit at Anti Wave’s discretion.

12. Limitation of Liability

To the maximum extent permitted by law, Anti Wave’s total liability arising from the supply of goods or services shall not exceed the invoice value of the affected goods.

Anti Wave shall not be liable for:

  • Indirect losses
  • Consequential losses
  • Loss of profit
  • Loss of business opportunity
  • Project delays
  • Reputation damage
  • Third-party claims

13. Governing Law

Unless otherwise agreed in writing, all orders and supply arrangements are governed by the laws of Queensland, Australia.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

14. Entire Agreement

These Terms, together with the confirmed quotation, invoice documentation, and applicable warranty terms, constitute the entire agreement relating to the supply of Anti Wave products and services.

No variation or amendment shall be binding unless agreed in writing by Anti Wave.