Terms & Conditions
In these Terms and Conditions, the following terms shall have the meanings ascribed to them, unless the context requires otherwise:
- “Staircare Australia” refers to Staircare Australia Pty Ltd (ABN 11 301 815 399 ATF Von Huben Family Trust)) and its successors and assigns.
- “Conditions” refer to these terms and conditions of sale, and any written variations authorized by Staircare Australia.
- “Goods” encompass the products offered for sale by Staircare Australia.
- “Customer” pertains to the purchaser of any Goods and, in the case of a company, includes its successors, agents, and permitted assigns. In the case of an individual, it includes that individual’s administrators and executors.
- “PPSA” signifies the Personal Property Securities Act 2009 (Cth).
- “GST” indicates any tax imposed on the supply of Goods under GST Law.
- “GST Law” refers to the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and all related legislation.
2) The Contract
- The purchase of Goods from Staircare Australia is subject to these Conditions, unless specifically altered in writing by Staircare Australia.
- These Conditions constitute the entire agreement between Staircare Australia and the Customer regarding the purchase of Goods, superseding all prior negotiations and correspondence.
3) Staircare Australia Quotations
- A quotation provided by Staircare Australia does not constitute an offer and can be withdrawn or modified at any time without notice.
- Quotations remain valid for the duration specified or, if not stated, for 30 days from the quotation date.
- Quoted prices apply when the entire quantity of Goods in the quotation is purchased. Partial orders may require a revised quotation.
4) Working Documents and Scheduling
- When the Customer or a third party provides Working Documents to Staircare Australia for quantity determination, Staircare Australia relies on the accuracy of those documents.
- Staircare Australia will make reasonable efforts to estimate quantities based on provided Working Documents but is not liable for errors or rectification costs.
- The Customer agrees to indemnify Staircare Australia against any claims related to intellectual property rights infringement stemming from provided documents.
- Staircare Australia will strive to supply Goods as specified in the Order Acknowledgment.
- Goods will be supplied according to Staircare Australia’s standard practice, with normal tolerances, unless otherwise agreed in writing.
- Any statements regarding weight, length, quantity, or other characteristics of Goods are approximate unless stated otherwise in writing.
6) Prices and GST
- All prices quoted by Staircare Australia are exclusive of GST, unless otherwise stated.
- The Customer must pay GST in addition to the Goods’ price as required by law.
- Payment of GST amounts must align with payment of the Goods’ price.
- Failure to pay GST may result in debt recovery by Staircare Australia.
- Prices are subject to adjustment for various factors, including labour, materials, and transport costs.
- Custom or non-stock Goods require a 40% payment upon order placement or quotation acceptance.
- The remaining purchase price is due before delivery or collection, unless otherwise agreed.
- Credit account holders must pay within 30 days of the invoice date.
- Staircare Australia is not obligated to provide delivery but may do so at its discretion, at the Customer’s cost.
- “Ex-factory” prices entail delivery at Staircare Australia’s premises; “as delivered” prices involve delivery to the Customer’s nominated site.
- Delivery dates are estimates, and Staircare Australia is not liable for losses due to late delivery.
- Failure to accept delivery may result in additional charges.
- The Customer must provide suitable unloading facilities and confirm delivery accuracy within 24 hours.
- Staircare Australia is not responsible for unloading-related claims.
9. Risk and Legal Title
- Title and risk in Goods pass to the Customer upon delivery or collection, but not before full payment.
- If Goods are in the Customer’s possession before payment, they must be maintained in good condition.
- The Customer is responsible for insurance on the Goods.
- Until full payment, the Customer is deemed a bailee for Staircare Australia.
10. Warranties and Limitation of Liability
- These Conditions exclude warranties, conditions, and representations about the Goods and Works, to the extent permitted by law.
- Staircare Australia’s liability for breaches of warranty is limited to repair, replacement, or refund of Goods, at its discretion.
- Staircare Australia is not liable for consequential or special damages, except as required by law.
- Returns are accepted only as required by law.
- The Customer indemnifies Staircare Australia for liability arising from specified factors.
- FRP materials as sold by Staircare Australia meet certain performance standards under normal conditions of use. However, it is essential to understand that their suitability for specific applications may vary. It is the responsibly of the buyer to determine whether the FRP materials are suitable for their intended use.
- These FRP materials may have limitations in extreme environmental conditions. Such as highly corrosive environments, exposure to extreme temperatures, or prolonged UV exposure. Users should assess the compatibly of these materials with their application and consider the potential effects of environmental factors
- Fire resistance data listed for general information only. Fire test reports have been commissioned on sample FRP materials, Staircare Australia Pty Ltd advises that the information contained in these publications comprises general statements based on scientific research. The reader is advised and needs to be aware that such information may be incomplete or unable to be used in any specific situation. No reliance or actions must therefore be made on that information without seeking prior expert professional, scientific and technical advice. To the extent permitted by law, Staircare Australia Pty Ltd (including its employees and consultants) excludes all liability to any person for any consequences, including, but not limited to all losses, damages, costs, expenses and any other compensation arising directly or indirectly from using these publications (in part or in whole) and any information or material contained in it.
- Default includes non-payment, failure to fulfill obligations, exceeding credit limits, or insolvency.
- In case of default, Staircare Australia may treat the contract as repudiated, refuse further supply, and seek indemnity for costs.
12) Force Majeure
- Staircare Australia is not liable for delays or inability to supply due to factors beyond its control.
- Staircare Australia may cancel the contract or extend performance time in such circumstances.
- Notices under these Conditions must be in writing, signed, and sent to the relevant party’s address or email.
- Notice by mail is considered received five working days after posting.
14) Governing Law
– These Conditions are governed by the laws of the State of New South Wales, with jurisdiction in the state’s courts.
15) No Assignment
- The Customer cannot assign its benefits or obligations under these Conditions without written consent from Staircare Australia.
16) No Waiver
- Waiver of rights under these Conditions requires written notice.
- Single or partial waivers do not affect other rights.
- Unenforceable provisions are read down or severed without affecting the remainder of these Conditions.