Terms & Conditions

                                        

                                                                  STAIRPRO
                          The Staircase, Timber Floor and Joinery Professionals

                                             TERMS AND CONDITIONS OF SALE 

These are the Terms and Conditions of Sale of STAIRPRO applicable to all transactions between it and
 its customers.


1.    DEFINITIONS AND INTERPRETATION
1.1        “STAIRPRO” means STAIRPRO and its associates.
1.2        “customer” means the person to whom the quotation is addressed and/or any person 
             who accepts it.
1.3         “contract” means the contract fort the sale of the goods and the supply of the services 
              specified in the Order and subject to these terms and conditions of sale.
1.4         “security deposit” means the security deposit sum (if any) shown on the quotation which 
              is payable by the customer.
1.5         “goods or product” means the goods the subject of the quotation.
1.6         “Order” means the acceptance of the quotation in whole or in part by the customer.
1.7         “person” includes companies.
1.8         ”quotation” means the document issued by STAIRPRO outlining its estimate of the cost 
              for the provision of specified goods and services.
1.9         “works or services” means the services, it any, to be supplied with the goods and the 
              subject of the quotation.
1.10       Headings are for convenience only and do not form part of these forms and conditions 
              of sale.
1.11       Reference to the singular includes the plural and the plural includes the singular.
1.12       Reference to one gender includes the others.

2.    WARRANTY
2.1         Any person who accepts the quotation warrants he is the duly authorised agent of the 
              customer for the purpose of placing the Order.

3.    TERMS OF PAYMENT
3.1         Payment is subject to any terms agreed between STAIRPRO and the customer in 
              writing and in the absence of such written agreement, the customer must make 
              payment in full at the time of installation.
3.2         The customer is not entitled to defer, offset or withhold in whole or in part for any 
              reason unless agreed to by STAIRPRO in writing.
3.3         If at any time monies are overdue, then at the option of STAIRPRO the whole 
              account balance shall become immediately due and owing by the customer.
3.4         STAIRPRO may charge interest on all overdue accounts at the rate of 2% per 
              month calculated on daily rates and to charge any expenses incurred in collecting 
              or attempting to collect any overdue monies, including any debt collector’s expenses 
              incurred, or to be incurred.

4.    ABILITY TO SUPPLY
4.1         Any obligation of STAIRPRO to supply goods or services is subject to its ability to 
              secure labour, materials and other services for the manufacture and supply of the 
              goods and services.
4.2         STAIRPRO shall not be liable in anyway for failure to deliver the goods and/or supply 
              services within the stated time and the customer shall accept and pay for the goods 
              and services notwithstanding any such failure to deliver within the stated time.
4.3         STAIRPRO shall not be liable for any failure to supply or deliver the goods or services 
              due to strikes, fires, explosions, flood, riot, lock-out, injunction, interruption of
              transportation, accidents, war, governmental action or other circumstances beyond 
              STAIRPRO’s control.

5.    PRICES
5.1         The prices on the quotation shall remain current for 30 days.
5.2         The quoted price is based upon the particular specifications of the goods current at the 
              time of quotation and STAIRPRO shall have the right to review the quoted price if there is 
              any variation in specification.
5.3         The customer shall be responsible to STAIRPRO for any extra costs ( which term shall 
              include actual costs and imputed costs for storage and handling) incurred by STAIRPRO 
              as a result of failure of the customer to take delivery of the goods at the time and place 
              specified.
5.4         Notwithstanding any other clause of these terms and conditions of sale, if any supply by
              STAIRPRO is subject to goods and services tax ("GST"), the customer must, unless the price 
              on the quotation expressly states the GST is included, pay an additional amount to STAIRPRO.  5.5         The additional amount:
              5.5.1.      is equal to the price payable by the customer for the relevant supply multiplied by 
                             the prevailing GST rate; and
              5.5.2.      is payable at the same time and in the same manner as the price for the supply
                             to which the additional amount relates.

6.    DELIVERY
6.1         Delivery of the goods shall be deemed to occur when they are handed to the customer or his 
              representative or are delivered to the premises or site or carrier nominated by the customer 
              and the goods shall thereafter be at the customer’s risk.
6.2         Upon the signing of a delivery docket unless the contrary is noted in that docket, the goods 
              shall be deemed to have been delivered in good order and condition and if no person is 
              present to sign the delivery docket then the goods will be deemed to have been delivered in 
              good order and condition.   
6.3         The customer is stopped from making any claims against STAIRPRO for short delivery, 
              damage or defective workmanship after the expiration of seven (7) days from the date of 
              delivery, installation or of hand over of the part of the works alleged to be short delivered, 
              damaged or defective.  Claims by the customer must be in writing. The customer agrees to 
              accept delivery of the goods or to make alternative delivery arrangements within 7 days of 
              STAIRPRO notifying the customer that the goods are available for delivery
6.4         If the customer fails to accept any part of the goods which STAIRPRO has dispatched in 
              conformity with the Contract and such part of the goods is returned to STAIRPRO and 
              re-dispatched subsequently, then a charge equal to double the current delivery charge will 
              be paid by the customer to STAIRPRO forthwith on demand.
6.5         If in the case of supply and fix contracts, STAIRPRO notifies the customer that it intends to 
              store on the site on which the works are to be carried out material and articles for use in the 
              works then the customer shall take such steps as are reasonable to protect any such 
              materials and articles so stored on site from damage or theft, and the customer 
              acknowledges that if they are subject to damage or theft this may form the basis of an 
              additional charge to the customer.

7.    TITLE
7.1         Property in the goods supplied by STAIRPRO to the customer will not pass to the customer 
              until the money owing for those goods and any other money owing by the customer to 
              STAIRPRO has been paid.  The customer in the meantime takes custody of the goods as 
              the fiduciary agent and bailee of STAIRPRO.
7.2         Where the customer does not make payment in respect of specific goods, payment must 
              be treated as having been made first in respect of goods which have passed out of the 
              possession of the customer, and then in respect of whatever goods still in the possession 
              of the customer STAIRPRO elects.
7.3         Until  the goods have been paid for in full:
7.3.1.     the customer must store the goods in such a manner as to show clearly that they are the 
              property of STAIRPRO;
7.3.2.     the customer may sell the goods, in the ordinary course of its business, but only as 
              fiduciary agent of STAIRPRO.  Any right to bind STAIRPRO to any liability to a third party 
              by contract or otherwise is expressly negatived.  The customer receives all proceeds, 
              whether tangible or intangible, direct or indirect, of any dealing with the goods (including 
              any proceeds from insurance claims) in trust for STAIRPRO and must keep the proceeds 
              in a separate bank account until the liability to STAIRPRO is discharged; and
7.3.3.     the customer agrees not to sell, assign, charge or otherwise encumber or grant any 
              interest over any obligations which any third party may owe to the customer as a result 
              of the use, manufacture or resale of the goods.
7.4         The customer irrevocably authorises STAIRPRO at any time, to enter any premises:
7.4.1.     upon which the goods are stored to enable STAIRPRO to:
7.4.1.1.  inspect the goods; and/or
7.4.1.2.  if the customer has breached these terms and conditions, reclaim possession of the 
              goods.
7.4.2.     upon which the customer’s records pertaining to the goods are held to inspect and copy 
              such records.
7.5         The provisions of this clause apply notwithstanding any arrangement between the parties 
              under which STAIRPRO or a related by corporate grants the customer credit.

8.    INSTALLATION
8.1         If Building openings prepared by the customer to receive the Works fail to conform with the
              sizes nominated in the Customer’s fixed manual or other recommendations then STAIRPRO
              shall not be responsible for the cost of any consequential rectification work necessary to
              adjust the Building opening or the Works.
8.2         This quotation is based on items nominated on the face hereof and it is the customer’s
              responsibility to ensure when ordering that types, quantities, sizes, etc. so nominated
              conform with his/her requirements and any requested variations in the items so nominated
              shall entitle STAIRPRO to increase or decrease the Contract Sum on the basis of such
              variations
8.3         If the customer requires any variation in the works after acceptance of this quotation
              including but not limited to any variations arising from inaccuracies in Bill of Quantities or
              other documents supplied for quotation purposes then STAIRPRO shall be entitled to
              increase or decrease the Contract Sum on the basis of such variation.
8.4         STAIRPRO shall not be liable for damage to the Works arising from the use of same or
              any part thereof for purposes other than those intended as evidenced by STAIRPRO’s
              quotation, or for damage caused by the customer or third parties.
8.5         The customer shall provide adequate power and lighting outlets for use by STAIRPRO
              at the site of  the Works and at no expense to STAIRPRO.STAIRPRO will not accept
              any liability whatsoever for structural failures to the building or structure that the product
              is attached or fitted into.
 
9.    MATERIAL
9.1         STAIRPRO will ensure that prior to manufacture the timber used in the product is of a
              moisture content suitable for the application; therefor STAIRPRO shall not be held
              responsible for any shrinkage or warping due to any timber products not being sealed
              within 24 hours of delivery to site as this will not be deemed to be a defect.
9.2         STAIRPRO shall not accept any responsibility for undue warping of the product due to
              improper storage.
9.3         STAIRPRO has no liability to any person for any loss or damage of any kind whatsoever
              including without limitation, for any indirect or consequential loss (including loss of profits
              or loss arising from any failure, breakdown defect or deficiency in the goods and /or
              the services) even if due to the negligence of STAIRPRO arising out of or in connection
              with the goods and/or the provision of the services.

10.   CANCELLATION AND DEFAULT
10.1       The Contract may be cancelled/varied by the customer only with the written consent of
              STAIRPRO and upon payment of reasonable charges.  Such charges shall take into
              account expenses incurred by STAIRPRO to the date of cancellation/variation, including
              recompense for any commitments made by STAIRPRO in consequence of the Order
              and all other losses both actual and prospective, incurred as a result of such cancellation
              /variation.
10.2       STAIRPRO shall be entitled to suspend delivery of the goods or any part thereof and/or
              terminate the Contract if the customer either fails to perform or observe any condition of
              the Contract including the terms of payment and/or delivery arrangements or if the
              customer is made bankrupt, has a liquidator, receiver or official manager appointed for
              all or any part of his assets, or has a winding up order made against him or enters into
              any contract with creditors or voluntary insolvency administration.  Such suspension
              and/or termination shall be without prejudice to and shall not affect any rights of
              STAIRPRO against the customer prior thereto.
10.3       Upon termination of the Contract by STAIRPRO the security deposit (if any) shall be
              forfeited to STAIRPRO which may either sue the customer for breach of Contract or
              resell the goods and any deficiency arising on such resale and all expenses of and
              incidental to such resale or attempted resale and the customer’s default shall be
              recoverable by STAIRPRO from the customer on account of the Contract other than the
              security deposit forfeited, as security for any damages awarded to STAIRPRO for the
              customer’s default.

11.  PRIVACY
11.1       STAIRPRO collects the personal information of its customers to enable it to provide a
              quotation for its goods and/or services and to provide its customers with the goods and/or
              services they request.  STAIRPRO may disclose the personal information of its customers
              to third parties (such as contractors) that assist it in providing its goods and services.

12.  MISCELLANEOUS
12.1       If any condition of a customer’s Order conflicts with or purports to vary these conditions,
              then these conditions shall prevail to the extent of any inconsistency or variation unless
              otherwise agreed upon in writing.
12.2       The only terms and conditions binding on STAIRPRO are those contained herein or 
              otherwise agreed to in writing by STAIRPRO and those, if any, which are imposed and 
              which cannot be excluded by law.
12.3       The Contract shall be construed in accordance with the laws of the State in which the 
              quotation was issued.
12.4       It is expressly agreed that any variations in colour or texture of any material used in the 
              goods shall not be a defect.
12.5       If scaffolding is required it shall be the responsibility of the customer.
12.6       If hoisting facilities are required for the removal of the goods from the delivery vehicle 
              or for their installation those facilities shall all be the responsibility of and at the cost 
              of the customer.