1.         Definitions

1.1       Supplier means ATA-SA Family Trust Trading as DSW Timber Pty Ltd and any person acting on behalf of and with the authority of DSW Timber Pty Ltd.

1.2       Customer means the person who accepts the quote and agrees to the binding contract with the Supplier or any person(s) acting on behalf of a Company named in the quotation or any other forms provided by the supplier. 

1.3       Goods means Goods or Services supplied by the Supplier to the Customer and as described on the invoices, quotation or any other forms provided by the Supplier.

1.4       Price shall mean the Price payable for the Goods as agreed between the Supplier and the Customer in accordance with this contract.

1.5       Site address is where the work (installation) is to be done.

 

2.          Acceptance

2.1       The Customer is immediately bounded jointly with the Supplier by these terms and conditions once the quotation or any other forms provided by the Supplier is accepted and signed including electronic signatures.

2.2        These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document agreement between the Customer and the Supplier.

 

3.           Agreed Conditions

              For both Customer and Supplier

(a)no variation of these terms and conditions is valid unless approved by the Supplier

(b)if any payment hereunder to the Supplier falls into arrears the Supplier may cancel or postpone the contract until payment is settled.

(c)if the Customer becomes insolvent the Supplier may cancel or postpone the contract until payment is settled.

(d)the Supplier does not provide protective coverings for the staircase.

(e)these terms shall take precedence over any terms and conditions of the Customer whether attached to enclosed with or referred to in any quotation of the Customer or elsewhere.

(f)the title and ownership in the Goods set out in the description shall not pass to the Customer until the Price has been paid in full.

 

4.            Customers Responsibilities

4.1         To ensure the accuracy of the measurements and specification on the quotation is correct before signing.  The Supplier accepts no responsibility for any loss, damages, or costs resulting from the Customer’s failure to comply with this clause.

4.2         To make the premises available on the agreed date and time.  Ensure no other trade workers are working during installation at the Site and to ensure toilet facilities and electrical supply will be available during those times.  All wall and floor finishing and coverings, furniture and fittings are protected or removed prior to the commencement of work;

4.3         Prior to installation of any hardwood product, the Customer must determine that the job-site environment and the sub-surfaces involved meet or exceed all applicable standards.  The construction and sub-floor must be dry, stiff, flat, and structurally sound. The Supplier declines any responsibility for job failure resulting from or associated with sub-surface, sub-flooring or job-site environmental deficiencies.

4.4         Hiring of equipment for internal/external ie cranes, scaffolding, safety platform and temporary barrier requirements including cost, assembly and disassembly.

4.5         If required, Customer to purchase own safety strip for treads and/or tactile indicators.

4.6         Removal of rubbish or clean-up of the Site.  In the event that there is asbestos, or any other toxic substances discovered at the worksite.  The Customer agrees to indemnify the Supplier against any costs incurred by the Supplier as a consequence of such discovery.  The Supplier under no circumstance will handle removal of asbestos products.

4.7         To pay all legal costs, charges and expenses incurred by the Supplier recovering any debt shall be paid by the Customer on a full indemnity basis.

 

5            Suppliers Responsibilities

5.1         The Supplier will use the selected material(s) as per the quotation and carefully examine hardwood product for colour, finish and quality before installing it. If material is not acceptable, the Supplier will not install it.

5.2         Supplier is not responsible for any delay, cost, damages, necessary variation, or defective work the result of the Customer not complying with any of their responsibilities and indemnifies Supplier for any claim from a third party in respect of such.

Supplier is responsible for rectifying any defective work caused by failing to carry out their responsibilities as follows:

(a)      to deliver within the specified time frame

(b)      perform work during the hours agreed by the Customer;

(c)      complete work by the specified completion date, or within a reasonable time;

(d)      perform work in accordance with any standards laid down by the Standards Association;

(e)      use best efforts to resolve any alleged defect advised in the above time, and to rectify the
defect if appropriate.

 

6.           Price & Payment

6.1         At the Supplier’s sole discretion the Price shall be either:

(a)      as indicated on any invoice provided by the Supplier to the Customer or

(b)      the Supplier’s quoted Price will be valid for the period stated in the quotation or otherwise for a period of twenty-eight (28) days.

6.2         The Supplier reserves the right to change the Price:

(a)      if a variation to the Goods which are to be supplied is requested; or

(b)      if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c)      where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to accessing the Site, safety considerations, prerequisite work by any third party not being completed, change of design, obscured building defects, hidden pipes and wiring in walls etc) which are only discovered on commencement of the Services; or

(d)      in the event of increases to the Supplier in the cost of labour or which are beyond the Suppliers control.

6.3         Variations will be charged based on the Supplier’s quotation and will be detailed in writing and shown as variations on the Supplier’s invoice.  The Customer shall be required to accept and sign any variation submitted by the Supplier within seven (7) days.  Payment for all variations must be made in full before the preparation.

6.4         Deposit of 50% is to be paid on order and the remaining (final payment) 50% to be paid before installation by the Customer. 

6.5         Payments can be made by cash, cheque, credit card, electronic payments (EFT), or by any other method as agreed to between the Customer and the Supplier.

6.6         In addition to the Price the Customer must pay the GST component without deduction which is clearly shown on the quotation.

6.7         If the Customer does not make payment in accordance with the agreed terms, Supplier may notify the Customer and they will cease work until payment is received or the Supplier may:

(a)      Reserve the right to report the Customer’s account to a credit reporting agency should payment remain outstanding for more than 60 days. 

(b)      In addition, the Supplier may refer the outstanding Customer account for debt collection to recover any monies owing.  Customer acknowledges and agrees to pay additional 20% plus GST for debt collection charges.

(c)      Supplier may issue legal proceeding for the money owing on the Goods or Services provided.  The Customer shall be liable for interest and all legal recovery costs associated with recovering the outstanding debt.  

 

7.           Change in Ownership

7.1         The Customer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any change in the Customer’s details.  The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.

 

8.            Structural Warranty

8.1         The Supplier warrants hardwood treads, in their manufactured condition, will be free from defects in material and workmanship including milling, assembly, dimension and grading.  The Supplier additionally warrants that these hardwood treads will not warp, cup, or buckle when properly installed and maintained according to industry standard instruction procedures.

 

9.            Warranty Exclusions

9.1         This warranty does not cover warping or cupping caused by excessive moisture on Site or during storage. This includes water leaks caused by broken pipes or appliances, weather conditions or natural disasters such as flooding or excessive rainfall.

9.2         Hardwood, being a natural product, will continue to expand and contract during seasonal and temperature changes. Products, when properly installed, may experience minor separation and movement. If minor separations do occur, they are not covered by this warranty.

9.3         Colour variations are a natural occurrence in hardwood due to age, species and exposure to UV light.  The colour variations are not covered under this warranty. .

9.4         In no case shall the total claim amount or warranty obligation be greater than the original purchase Price for each single staircase.

9.5         If installation is done by other than DSW Timber Pty Ltd, then it is not covered under this warranty.  Any installation issues should be referred to the installer who originally did the work.

9.6Modification that is made to the product after the completion date by the Customer.

9.7         Indentations, scratches or surface damages caused by lack of proper maintenance, misuse, negligence or accidents.

(a)      any attempt to repair, replace or refinish prior to an inspection by the Supplier.

(b)      spiked heeled shoes, water, fire, wet mopping, erosion, pebbles, sand and other abrasives.

(c)      damage resulting from pets, other domestic animals & insects.

9.8         Failure to follow all industry standard and/or maintenance instructions, misuse or improper alterations of original manufactured products.

9.9         Freight or shipping damage resulting from transportation - freight claims will be directed to the particular carrier transporting each individual shipment

 

10.          Material

10.1      Hardwood is a product of nature and therefore, not perfect. Our wood products are manufactured in accordance with accepted industry standards, which permit grading deficiencies not to exceed 5%. These grading deficiencies may be of a manufacturing or natural type.

10.2      Treating of materials (polishing, staining & painting) is the Customers responsibility and should be done immediately after the completion.  The Supplier shall not be responsible for any deficiencies or defects resulting in the Customer’s failure to do so.

10.3      Use of stain, filler or putty stick for touch-up during installation should be accepted as normal procedure.

 

11.          Underground Locations

11.1      Prior to commencing any work the Customer must advise the Supplier of the precise location of underground services on the Site that may affect the installation and the surrounding walls. The underground mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, water mains, irrigation pipes, Telstra cables, fibre optic cables, and any other services.

11.2      Whilst the Supplier will take all care to avoid damage to any underground services the Customer agrees to indemnify the Supplier in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services.

 

12.          Compliance with Laws

12.1.     The Customer and the Supplier shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.

12.2.     The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the works.

12.3.     The Customer agrees that the work Site will comply with any occupational health and safety laws relating to building/construction Sites and any other relevant safety standards or legislation.

 

13.         Delivery of Goods

13.1.     The Supplier will deliver the Goods to the Install/Site address and perform the Services as per the quotation. 

13.2.     The costs of delivery are included in the Price.

13.3.     The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity or failure to comply with the description or quote.

13.4.     The Supplier shall not be liable for any loss or damage caused in accessing the work Site beyond reasonable control (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas).

13.5.     The Supplier shall not be liable for any loss or damage to the Goods whilst left on Site.

13.6      The Supplier is deemed to have delivered Goods as follows:

(a)      when collected by Customer for own installation

(b)      when delivered to the nominated Site address

13.7      Risk in the Goods passes at the point of delivery

 

14.         No Waiver

14.1      The failure of either Party to terminate this Agreement by reason of the breach of any of its provisions by the other Party shall not be construed as a waiver of the rights or remedies available for any subsequent breach of the terms and provisions of this Agreement.

 

15.         Force Majeure

15.1      The Supplier will not be responsible for any delay or failure of performance of supply or delivery caused by circumstances beyond its control including but not limited to strikes, lock-outs, labour disturbances, riot, civil war, commotion, fire, flood, failure of power supply, explosion or accident or similar events and shall not be liable for any consequential loss, damage, expense or claim suffered by the Customer or any other party as a result of any such event.

 

16.         Cancellation

16.1.     Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Customer.  The Supplier will not be liable for any loss of damage incurred by the Customer.

16.2.     The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer.  The Supplier shall repay any money owing and shall not be liable for any loss or damage arising from any cancellation.

16.3      In the event the Customer cancels delivery of Goods, the Customer shall be liable for any and all loss incurred by the Supplier as a direct result of the cancellation (including but not limited to any loss of profits).

16.4.     No cancellations on custom made Goods once production has commenced or an order has been placed.

16.5.     If the Customer cancels delivery of Goods, the Customer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.

 

17.          Disputes

              If the Customer disputes any Goods sold or services supplied by the Supplier are faulty, defective or disputes the invoices the Supplier has issued, the Customer must notify their reasons in writing to the Company within 14 days of the invoice date.  Failing to do so, the Customer will lose all rights to dispute for the quality of the Goods and services provided by the Supplier, after the 14 days of the invoice date.

 

18.         Governing Law

18.1          These Terms and the Contract shall be governed by the law of Victoria and the parties submit to the courts of Victoria in respect of any dispute arising.