Conditions of delivery, transport, storage, installation and warranty — VAV terminal boxes
Commercial terms & warranty · domestic and export markets
This document forms an integral part of the material submittal, quotation and purchase order for VAV terminal boxes manufactured by Starduct. By accepting delivery, the Buyer confirms that it has read, understood and agrees to all the terms below.
In the event of conflict with an executed contract, the terms of the contract prevail.
Article 1. Delivery and acceptance of goods
1.1 Goods are delivered under the Incoterms® 2020 rule stated in the contract / purchase order. Default: DAP – project site for the domestic market and FOB Hai Phong / Cat Lai for export, unless otherwise agreed in writing.
1.2 The Buyer or its authorised representative verifies quantity, specification and packaging condition at the moment of delivery and signs the delivery note / proof of delivery (POD).
1.3 Visible damage or shortage: note it directly on the POD / bill of lading and notify in writing within 48 hours (domestic) or 07 days from discharge at the port of destination (export).
1.4 Concealed damage: notify within 07 days (domestic) or 14 days (export) of receipt, with photographs of the package and original packaging as received. Losses exceeding 5 % of the export consignment value require an independent survey report.
1.5 After the periods in clauses 1.3–1.4, the goods are deemed fully accepted and conforming; the manufacturer will not accept claims regarding quantity or external condition.
1.6 Unloading from the vehicle is at the Buyer's responsibility and cost unless otherwise agreed in writing. The Buyer ensures vehicle access to the delivery point; costs arising from lack of access are borne by the Buyer.
Article 2. Transport and handling
2.1 VAV boxes are transported and kept horizontal, in the orientation marked on the package; do not stand on end, invert or stack beyond the number of tiers marked on the packaging (default maximum 2 tiers).
2.2 Never lift, drag, sling or load through the inlet collar, flexible connections, airflow sensor, actuator housing, controller, thermostat, wiring or control tubing. Lift only by the casing or the pallet.
2.3 Use padded flat webbing slings; do not let hooks, chains or steel wire ropes bear directly on the casing.
2.4 Keep the original packaging (carton, PE film, pallet, inlet / outlet caps) intact until installation. Premature removal voids the warranty for damage caused by dust, moisture or impact.
2.5 Export packing: ISPM-15 treated and marked wooden pallets, moisture-barrier PE film, desiccant bags, seaworthy cases / cartons. Any other packing must be notified before production starts; extra costs are borne by the Buyer.
2.6 The manufacturer bears no liability for damage occurring after the transfer of risk under the applicable Incoterms® rule, including damage in transit and during internal handling on site.
Article 3. Storage
3.1 Store in a dry, roofed warehouse on a level floor, raised at least 100 mm above the floor. No outdoor storage or storage under temporary tarpaulins.
3.2 Ambient conditions: casing –10 °C to +50 °C, RH ≤ 85 % non-condensing; actuators, controllers and electronics –5 °C to +45 °C, RH ≤ 80 % non-condensing.
3.3 Do not expose the products to rain, standing water, chemical vapours, salt-laden air, construction dust, mortar or cement.
3.4 Maximum storage period 06 months from delivery, in the original packaging and under the above conditions. Beyond 06 months, the manufacturer may require chargeable re-inspection and re-calibration before installation.
3.5 The warranty on actuators, controllers, airflow sensors and acoustic lining is void where the product has not been stored as set out in Article 3.
3.6 Do not stack other equipment on VAV boxes; do not use the product as a support, work platform or temporary scaffold.
Article 4. Installation and commissioning
4.1 Installation by a competent MEP contractor, in accordance with the approved shop drawings, Starduct's installation, operation and maintenance (IOM) instructions, SMACNA / ASHRAE guidance and local electrical regulations.
4.2 Mandatory: a straight duct run upstream of the inlet collar as given in the installation instructions (at least 3 inlet diameters recommended), free of elbows, transitions, dampers or branches. This is required for accurate airflow sensing and for the published pressure-drop / sound data to apply; where it is not provided, deviations in airflow and sound are outside the manufacturer's responsibility.
4.3 The unit is supported independently by its own hangers / brackets; loads from ductwork, piping or other equipment are not transferred to the casing. Provide maintenance access on the actuator and controller side as given in the installation instructions.
4.4 Install in the airflow direction shown by the arrow on the product label. Reverse installation voids the warranty and the published performance data.
4.5 Clean / blow through the ductwork before commissioning. Using VAV boxes for temporary ventilation during construction is strictly prohibited — construction dust blocks the airflow sensor and contaminates the acoustic lining.
4.6 Make the electrical connection at the voltage and polarity on the controller label (typically 24 V AC/DC), through suitable protective devices and properly earthed. Damage from wrong voltage, reversed polarity, over-voltage or missing earth is not covered by the warranty.
4.7 Testing, adjusting and balancing (TAB) and setting Qmin / Qmax are carried out by the Buyer or the TAB contractor. Starduct supplies the factory default settings; actual performance depends on TAB results, AHU static pressure and the as-built duct network.
4.8 Cutting, drilling, welding or re-painting the casing, or removing the acoustic / thermal lining, is strictly prohibited. Any structural modification voids the warranty in full and the published performance data, including the AHRI-certified ratings of the S-VAV-S sizes listed in the AHRI Directory.
Article 5. Warranty
5.1 Warranty period as stated in the contract, warranty card or product label; for export shipments the start date (delivery or manufacture) is stated in the contract.
5.2 Scope: defects in material and workmanship arising in factory manufacture. Third-party components (actuators, controllers, thermostats, electric heaters, water valves) are covered by their original manufacturer's warranty policy.
5.3 Condition: the product label and identification card remain intact and legible (name, product code, date of manufacture). The warranty is void if the label is removed, erased or unidentifiable.
5.4 Remedy: Starduct supplies replacement parts / materials with authorisation for the contractor to replace them on site, or takes the equipment back to the factory for repair / replacement and return. Where the defect is confirmed as the manufacturer's responsibility, the manufacturer bears two-way freight within Vietnam.
5.5 Export shipments: the manufacturer bears the cost of replacement parts and outbound freight on a DAP Buyer's-warehouse basis. Import duties, customs clearance, storage charges and installation labour in the importing country are borne by the Buyer.
5.6 Claims: the Buyer gives written notice within 07 days of discovering the defect, with the product code, equipment tag, photo of the product label, description of the symptom, operating conditions and the TAB report. Starduct responds within 05 working days.
5.7 The manufacturer may refund the price paid by the Buyer for the defective goods as full discharge of its warranty obligations.
Article 6. Manufacturer's exclusions of liability
6.1 The warranty does not apply and the manufacturer accepts no liability in the following cases:
- (a) incorrect installation, non-compliance with the IOM or approved shop drawings, or no straight inlet duct;
- (b) repair, replacement, modification or structural intervention by an unauthorised party;
- (c) transport, handling or storage not in accordance with Articles 2 and 3;
- (d) operation outside the design envelope (airflow, static pressure, air temperature as per the catalogue) or humidity causing condensation inside the casing;
- (e) air containing corrosive agents, abrasive particles, chemical vapours, salt spray or unfiltered kitchen exhaust;
- (f) construction dust and mortar from running the system before the building is complete;
- (g) unstable power supply, wrong voltage / polarity, voltage surges, lightning or missing earth;
- (h) flooding, water-pipe leaks, fire, explosion, earthquake, storms and force majeure;
- (i) normal wear, fading or surface staining;
- (j) noise or pressure drop from ductwork, AHUs, fans or accessories not supplied by Starduct;
- (k) NC / pressure-drop deviations from design caused by an as-built duct network that differs from the calculation model.
6.2 Consequential loss: the manufacturer is not liable for the cost of dismantling, inspection, re-installation, access (scaffolding, ceiling opening, lifting equipment), downtime, business interruption, loss of revenue or profit, or any special, incidental, indirect or consequential damages.
6.3 Limitation: the manufacturer's aggregate liability does not exceed the price paid by the Buyer for the defective product.
6.4 Exclusivity: this warranty is exclusive and replaces all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. No third party is authorised to give any other warranty on the manufacturer's behalf.
6.5 Performance data: the pressure-drop, sound, leakage and airflow data in the submittal are laboratory measurements (where a report number / AHRI reference is given) or calculated values (marked "calculated – not tested"), at standardised conditions. They are design reference values, not a guarantee of field performance.
6.6 Severability: if any provision is held invalid or unenforceable, the remaining provisions remain in full force.
Article 7. Export annex — transfer of risk under Incoterms® 2020
7.1 Standard documents: commercial invoice, packing list, bill of lading / air waybill, certificate of origin (Form B; or Form D/E/AK/AJ/VJ/EUR.1 under the applicable FTA if requested by the Buyer before shipment), inspection / conformance certificate for the shipment.
7.2 Wooden pallets and dunnage are treated and marked in accordance with ISPM-15.
7.3 Cargo insurance per the applicable Incoterms® rule; other than under CIF / CIP, the Buyer arranges its own insurance. The manufacturer is not liable for loss in transit after the transfer of risk.
7.4 Claim period for damage / shortage on import: 07 working days from discharge at the port of destination; an independent survey report is required where the loss exceeds 5 % of the consignment value.
7.5 Governing law and dispute resolution per the contract. Default: the laws of Vietnam; arbitration at VIAC, Hanoi (domestic) or VIAC / SIAC as agreed (international). The CISG applies unless expressly excluded in writing.
7.6 Export control: the Buyer undertakes not to re-export the goods to territories subject to applicable embargoes or trade restrictions.
| Rule | Transfer of risk | Manufacturer bears | Buyer bears |
|---|---|---|---|
| EXW – Starduct works, Hanoi | When the goods are placed at the works | Standard packing | Loading, inland transport in Vietnam, export clearance, main freight, insurance, import duties |
| FCA – Vietnamese port / airport | On delivery to the Buyer's nominated carrier | Export packing, inland transport, export clearance | Main freight, insurance, unloading, import clearance, import duties |
| FOB – Hai Phong / Cat Lai | When the goods are on board at the port of shipment | All costs until loaded on board | Ocean freight, insurance, unloading, import clearance, import duties |
| CIF – named port of destination | Still at the port of shipment — not at destination | Ocean freight and minimum ICC(C) insurance at 110 % of invoice value | Unloading, import clearance, import duties, inland transport in the importing country |
| DAP – Buyer's warehouse / site | When ready for unloading at destination | All freight to the named destination | Unloading, import clearance, import duties and fees |
Incoterms® is a registered trademark of the International Chamber of Commerce (ICC).
Important: failure to comply with the transport (Article 2), storage (Article 3) and installation (Article 4) conditions voids the warranty for the related damage and invalidates the performance data published in the submittal.
Star Asia Technological Investment JSC (STARDUCT) · Dan Phuong Industrial Cluster Phase 2, Dan Phuong Commune, Hanoi City, Vietnam
