Staircare ProGrit Terms & Conditions

1. Definitions

In these Terms and Conditions:

ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.

Customer means the purchaser of Goods from Staircare Australia and includes its successors, permitted assigns, executors, administrators and agents.

Goods means all products, materials and items supplied by Staircare Australia.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means any order placed by the Customer for the purchase of Goods.

PPSA means the Personal Property Securities Act 2009 (Cth).

Staircare Australia means Staircare Australia Pty Ltd (ABN 11 301 815 399 as Trustee for the Von Huben Family Trust) and its successors and assigns.

Working Documents means plans, drawings, specifications, schedules, quantities, measurements or other information provided by or on behalf of the Customer.

2. Application of Terms

2.1 These Terms and Conditions apply to all quotations, orders and supplies of Goods by Staircare Australia unless otherwise agreed in writing.

2.2 By placing an Order, the Customer acknowledges that it has read and accepted these Terms and Conditions.

2.3 These Terms and Conditions constitute the entire agreement between Staircare Australia and the Customer and supersede all prior discussions, negotiations and communications.

2.4 Any terms proposed by the Customer that are inconsistent with these Terms and Conditions are expressly excluded unless accepted in writing by Staircare Australia.

3. Quotations

3.1 A quotation issued by Staircare Australia is not an offer and may be withdrawn or amended at any time before acceptance.

3.2 Unless otherwise stated, quotations remain valid for thirty (30) days from the date of issue.

3.3 Quoted prices are based on the purchase of the full quantity specified in the quotation. Staircare Australia reserves the right to revise pricing where only part of the quoted quantity is ordered.

3.4 No Order shall be binding upon Staircare Australia until accepted by Staircare Australia.

4. Working Documents and Quantity Estimation

4.1 Staircare Australia may rely upon the accuracy and completeness of any Working Documents supplied by or on behalf of the Customer.

4.2 Any quantities, measurements or estimates prepared by Staircare Australia based on Working Documents are provided in good faith and are subject to verification.

4.3 Staircare Australia shall not be liable for any loss, cost, damage or expense arising from inaccuracies contained within the Working Documents.

4.4 The Customer indemnifies Staircare Australia against any claim arising from the use of Working Documents that infringe the intellectual property rights of any third party.

5. Quantities and Product Tolerances

5.1 Staircare Australia will use reasonable endeavours to supply Goods in accordance with the accepted Order.

5.2 Goods are supplied subject to normal manufacturing tolerances and industry standards unless otherwise agreed in writing.

5.3 Any statements regarding dimensions, weight, volume, quantity, capacity or performance are approximate only unless expressly stated otherwise.

6. Prices and GST

6.1 Unless otherwise stated, all prices are exclusive of GST.

6.2 The Customer must pay GST in addition to the purchase price where GST is applicable.

6.3 GST is payable at the same time and in the same manner as payment for the Goods.

6.4 Staircare Australia may recover any unpaid GST amount as a debt due and payable.

6.5 Staircare Australia reserves the right to adjust prices before delivery where increases occur in labour, material, manufacturing, transport, import, currency exchange or other operational costs beyond its reasonable control.

7. Payment Terms

For custom-manufactured, special-order or non-stock Goods, a deposit equal to forty percent (40%) of the purchase price, or such other amount as quoted, is payable upon acceptance of the quotation or placement of the Order.

7.1 The balance of the purchase price must be paid in full prior to delivery or collection unless otherwise agreed in writing.

7.2 Approved credit account holders must pay invoices within thirty (30) days from the invoice date.

7.3 Staircare Australia may charge interest on overdue accounts at a rate of 2% per month calculated daily.

7.4 The Customer is responsible for all reasonable costs incurred in recovering overdue amounts, including legal and debt collection costs.

8. Delivery

8.1 Staircare Australia is not obliged to provide delivery services but may do so at its discretion and at the Customer’s cost.

8.2 Delivery dates are estimates only and are not guaranteed.

8.3 Staircare Australia shall not be liable for any loss, damage, delay, cost or expense arising from delayed delivery.

8.4 If the Customer fails to accept delivery when Goods are available, Staircare Australia may charge storage, handling and redelivery costs.

8.5 The Customer must provide safe and suitable access and unloading facilities at the delivery location.

8.6 The Customer must inspect Goods upon delivery and notify Staircare Australia of any shortages or delivery discrepancies within twenty-four (24) hours.

8.7 Staircare Australia accepts no responsibility for unloading activities undertaken by the Customer or third parties.

9. Risk and Title

9.1 Risk in the Goods passes to the Customer upon delivery or collection.

9.2 Legal and beneficial ownership of the Goods remains with Staircare Australia until all amounts owing by the Customer have been paid in full.

9.3 Until title passes:

(a) the Customer holds the Goods as bailee for Staircare Australia;

(b) the Customer must store the Goods separately and clearly identify them as the property of Staircare Australia;

(c) the Customer must maintain the Goods in good condition and adequately insured.

9.4 Staircare Australia may enter any premises where the Goods are located to recover them if payment is overdue.

10. Warranties and Liability

10.1 Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the ACL or any other applicable law.

10.2 Subject to clause 10.1, all warranties, conditions and representations not expressly contained in these Terms are excluded to the maximum extent permitted by law.

10.3 Where Staircare Australia is liable for a breach of a non-excludable guarantee relating to Goods, Staircare Australia’s liability is limited, at its option, to:

(a) replacement of the Goods;

(b) repair of the Goods;

(c) payment of the cost of replacing the Goods; or

(d) payment of the cost of repairing the Goods.

10.4 Staircare Australia shall not be liable for any indirect, consequential, special or economic loss, including loss of profit, loss of revenue, loss of opportunity or business interruption.

10.5 Returns will only be accepted where required by law or approved in writing by Staircare Australia.

11. FRP Products Disclaimer

11.1 FRP products supplied by Staircare Australia are manufactured to meet specified performance standards under normal operating conditions.

11.2 The Customer is solely responsible for determining the suitability of FRP products for their intended application.

11.3 FRP products may be affected by environmental conditions including, without limitation:

(a) highly corrosive environments;

(b) extreme temperatures;

(c) prolonged ultraviolet exposure; and

(d) unusual loading conditions.

11.4 Any fire performance data, technical information, reports or publications supplied by Staircare Australia are provided for general information purposes only.

11.5 Such information may not be suitable for every application and should not be relied upon without obtaining independent professional, scientific or technical advice.

11.6 To the maximum extent permitted by law, Staircare Australia excludes all liability arising directly or indirectly from reliance upon such information.

12. Default

12.1 The Customer will be in default if:

(a) payment is overdue;

(b) the Customer breaches these Terms;

(c) the Customer exceeds any approved credit limit;

(d) the Customer becomes insolvent, enters administration, liquidation or bankruptcy.

12.2 Upon default, Staircare Australia may:

(a) suspend or cancel further supply;

(b) terminate any contract with the Customer;

(c) recover possession of Goods;

(d) recover all outstanding amounts and associated costs.

13. Force Majeure

13.1 Staircare Australia shall not be liable for any delay or failure to perform caused by circumstances beyond its reasonable control.

13.2 Such circumstances include acts of God, natural disasters, strikes, industrial disputes, transport interruptions, shortages of materials, governmental actions and supplier failures.

13.3 Staircare Australia may suspend performance, extend delivery times or cancel affected Orders without liability.

14. Notices

14.1 Any notice under these Terms must be in writing and delivered by hand, post or email.

14.2 Notices sent by post are deemed received five (5) Business Days after posting.

14.3 Notices sent by email are deemed received on the date of transmission unless the sender receives an error notification.

15. Governing Law

15.1 These Terms and Conditions are governed by the laws of New South Wales, Australia.

15.2 The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts hearing appeals from those courts.

16. Assignment

16.1 The Customer may not assign, transfer or subcontract any rights or obligations under these Terms without the prior written consent of Staircare Australia.

17. Waiver

17.1 A waiver of any right under these Terms is only effective if made in writing.

17.2 Failure to exercise a right does not constitute a waiver of that right.

18. Severability

18.1 If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.