Promotion Terms and Conditions
Website Terms and Conditions
Use of Website Terms and Conditions
Please note that the Conditions were first introduced/last updated on 21 September 2000. (If you have not read them since then please do so now.)
General
Your access to and use of this web site is subject to these terms and conditions ("Conditions"). By accessing and browsing this web site, you accept without limitation or qualification these Conditions.
These Conditions are governed by and to be interpreted according to the laws of South Australia. You irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of South Australia if any dispute arises between you and Stratco over your access to or use of this web site.
Stratco may revise these Conditions and/or the other contents of this web site at any time without reference to you.
Availability of Stratco Products or Services
Stratco reserves the right to discontinue or change any of the products, styles, colours, specifications, materials, services or other details referred to on this site at any time without notice.
This web site refers to products and or services that are generally available for purchase in Australia or New Zealand but may not be available in your particular State or locality or only at extra cost. The reference to any such products or services does not imply or warrant that these products or services will be available at any time in your particular locality, or that any prices shown will still apply at the time of ordering. You should contact Stratco for the latest information about products, services, pricing, terms and conditions of sale and availability before placing an order to assist us in providing correct advice. It is important that in any e-mail or communication with Stratco that you advise your contact details and locality.
It is also essential that before using any Stratco materials you carefully read our brochure titled 'Selection, Use and Maintenance of Stratco Steel Products', and any other relevant technical documents including brochures, catalogues and span tables and that you comply with the recommendations found in them.
Disclaimer of Liability
This web site is provided by Stratco on an "as is" basis. To the maximum extent permitted by law Stratco disclaims all warranties, expressed or implied as to your access to or use of this web site or as to the content of this web site.
Stratco will not be liable for any damages of any kind arising from your use of this site, including, but not limited to direct, indirect, incidental and consequential damages. Stratco assumes no responsibility, and shall not be liable for, any damages resulting from viruses that may infect your computer equipment, other property damage, or consequential loss resulting from your access to or use of this web site. In particular, Stratco will accept no liability for damage to files or any associated computer hardware or software as a result of downloading any material from this site.
Accuracy
The information contained in this web site could include technical inaccuracies or typographical errors. Changes are periodically made to this web site to keep the information provided as accurate and relevant as possible.
Stratco will endeavour to maintain this web site and provide the most up to date information available. However, Stratco provides no warranty or guarantee as to the completeness or accuracy or suitability of any information contained in this web site. You should always verify the information provided before you act upon it by contacting your local Stratco office explaining your circumstances and needs and providing information about any relevant environmental conditions that could affect either the use of the product or your use of this web site.
Reproduction of Website Content
Elements of this web site are protected by patents, trademarks, copyright and other laws and may not be copied, imitated or emulated. No logo, graphic, sound or image from any Stratco web site may be copied or retransmitted unless expressly permitted by Stratco.
Copying or reproduction of any part of the this web site, other than those areas expressly nominated for this purpose, such as architectural specifications and detail drawings, is prohibited. Educational institutions may download and reproduce material for distribution and use in the classroom for educational purposes only.
Links to and From this Website
Stratco is not responsible for the content of any other web site linked to or from this site or any other form of transmission received from any linked site and disclaims all warranties, express and implied as to the accuracy, validity or suitability of the material contained on linked sites. Any links made available within this site have been provided purely as a customer service and are for your convenience only, and should not be interpreted as an endorsement by Stratco for the content of the linked site.
Should you wish to link to this web site please contact the website administrator. Stratco will not provide reciprocal linkages.
Privacy Information
Stratco is committed to respecting your privacy. In general, you can access and view all sections of this web site without revealing any information about yourself. Stratco does collect non personal information regarding visitors to this web site, such as web browser preference, number of visits, etc. to measure use and improve the content of this site.
All private information provided to this web site is treated as confidential and will not be sold, rented, exchanged, or given to any third party except as needed to provide the services the user has expressly requested. The most common way of your personal information being used is to process a request for a brochure or for a quotation or to process an application from you.
We may from time to time conduct surveys that ask you for feedback on Stratco products or services. We use that information to improve our product or service offerings and to identify desirable web site and service enhancements. We do not release information from individual survey responses outside Stratco without prior permission. We may occasionally share aggregated (ie non personal) data with selected business partners.
We will not change the way in which we use your personal information at any time in the future without your consent.
Stratco complies with the Information Privacy Principles set out in the Commonwealth Privacy Act 1988. Click here to read the full Privacy Policy.
Cookies
The Stratco web site cannot read or write third party cookies and no other web site can read the cookies generated by use of this web site.
You can set your web browser to notify you when you receive a cookie form this web site and providing you with the opportunity to either accept or reject it. You can also refuse all cookies by turning them off in your browser.
However full functionality of this web site requires the use of cookies.
Sending Information to Stratco
If you send any communication, information or other material to Stratco via electronic mail or otherwise, such communications will be treated as non confidential and non proprietary unless the information is personal or otherwise relates to your privacy.
If you send any such (non private) information to Stratco by any means it may be used by Stratco for any purpose including but not limited to reproduction, disclosure, transmission, publication, broadcasting, production and posting.
Any feed back that you provide at this site shall be deemed to be non confidential. Stratco is free to use such information on an unrestricted basis. By forwarding your information or ideas to Stratco you acknowledge that Stratco is free to use the same without any compensation to you for any purpose whatsoever.
Terms And Conditions Of Sale
1. GENERAL
These terms and conditions of sale (Terms and Conditions) apply to all orders placed with and goods and services supplied by Stratco (N.Z.) Limited NZBN 9429040814629 and its subsidiaries (Stratco).
1.1 Notwithstanding clause 1.1, Stratco may by written notice to the Customer alter or replace these Terms and Conditions from time to time. All orders placed subsequently by the Customer shall be upon the altered or replaced Terms and Conditions.
1.2 In the event of any conflict between the terms of any quotation or order confirmation and these Terms and Conditions, the express provisions contained in the quotation or order confirmation, as the case may be, shall prevail. These Terms and Conditions shall prevail over the Customer’s terms and conditions (if any).
2. PRICES, QUOTES AND ORDERS
2.1 Prices are subject to alteration without notice. Prices and quotes are based on current rates for labour, materials, transport, tax, exchange rates or other costs and notwithstanding any quote provided by Stratco to the Customer, the price payable by the Customer shall be the price ruling at the time the goods or services are provided, adjusted to take account of changes in such rates and charges unless otherwise agreed by Stratco.
2.2 Any disbursements incurred by Stratco in performing the Services shall be payable in addition.
2.3 All prices are exclusive of GST and any other taxes or duties, insurance, freight and handling charges in relation to the sale, delivery and supply of the goods or services unless otherwise stated, all of which shall be added to the price and payable by the Customer.
2.4 No order shall be binding on Stratco until accepted in writing or electronically by Stratco or a person authorised on its behalf. Orders, once accepted by Stratco may not be cancelled.
2.5 Stratco will not be bound by clerical errors or omissions whether in computation or otherwise in any quotation, acknowledgment or invoice and the same shall be subject to correction.
3. TERMS OF PAYMENT
3.1 The Customer will pay to Stratco a 50% deposit of the price for the goods and services immediately upon acceptance of Stratco’s quote, unless Stratco waives its right to this deposit in writing.
3.2 Subject to clause 3.1, the Customer will pay the price, or the balance of the price, for the goods and services in full on delivery of the goods or the supply of the services, as the case may be, unless the Customer has a credit account with Stratco and complied with these Terms and Conditions in which case payment is due on the 20th day of the month following the date of invoice.
3.3 The Customer shall make all payments without set-off or deduction of any kind. Receipt of a bill of exchange, or other negotiable instrument will not constitute payment and the Customer shall remain liable for payment until cleared payment is received by Stratco.
3.4 Stratco may apportion payments to outstanding accounts as it sees fit.
3.5 Stratco is under no obligation to supply any goods or services to the Customer on credit. Stratco may stop supplying goods and services on credit at any time without notice and without prejudice to the Customer‘s obligation to pay any and all amounts owing.
3.6 Where the Customer makes payment to Stratco by credit card, Stratco reserves the right to charge the Customer a service fee of 2.00% or such other amount as Stratco may advise from time to time, to reflect the costs incurred by Stratco as a result of such payment.
3.7 If the Customer fails to pay any amount on the due date, the Customer must pay interest at a rate equal to 2% above the then current overdraft rate charged by Stratco’s principal trading bank, which interest shall accrue on a daily basis from the due date to the date of payment.
3.8 The Customer must pay Stratco s costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of Stratco s rights, remedies and powers under these Terms and Conditions.
4. INSPECTION
4.1 The Customer shall have the right to inspect the goods at the premises of Stratco before the goods are delivered to the Customer.
5. DELIVERY, INSTALLATION AND RISK
5.1 Stratco will use its best endeavours to deliver the goods and provide the services at the time requested by the Customer but will not be responsible for any loss or damage (in either case, of any kind and whether direct, indirect or consequential) arising from any delay in the delivery of the goods or provision of the services from any cause whatsoever nor shall any such delay entitle the Customer to cancel any order or refuse to accept delivery at any time or refuse or delay payment for the goods or services.
5.2 Unless Stratco has agreed otherwise in writing, Stratco’s delivery obligations shall be limited to making the goods available at Stratco’s premises for collection by the Customer. If Stratco has agreed in writing to deliver the goods to the Customer’s premises or another location (Premises), Stratco shall arrange delivery of the goods and, where applicable, provision of the services at the Premises. Where the goods are to be delivered to or the services supplied at the Premises, the Customer shall ensure that Stratco has uninterrupted access to the Premises to enable the goods to be delivered or the services to be provided by Stratco. Where access is not provided to Stratco, the Customer shall pay Stratco upon demand such amount calculated by Stratco as will compensate Stratco for wasted time and expenditure and any storage or other charges.
5.3 Stratco may, at its option, deliver the goods to the Customer in instalments.
5.4 The Customer will promptly check for correctness in deliveries made by Stratco and will advise Stratco of any shortages, breakages or defective goods within seven days of receipt of the goods by the Customer. Where Stratco is satisfied, after carrying out its own investigation, that there has been short delivery or error in dispatch or breakage or any goods are defective in each case due to the fault of Stratco, Stratco will provide replacement goods.
5.5 Where Stratco has agreed in writing to install the goods at the Premises the following conditions shall apply:
(a) The Customer will provide, at its own expense, connection for electricity and any other similar services, and all plant, edge protection materials, and other resources required by Stratco for installation of the goods.
(b) It is the Customers responsibility to:
(i) Promptly obtain any necessary consent, approval, permit, licence or authorisation to enable Stratco to install the goods;
(ii) Ensure that the Premises and foundations are structurally sound and in a proper condition for the installation to proceed;
(iii) Provide safe and secure onsite storage for materials and accessories supplied and used by Stratco, its employees and contractors;
(iv) Advise Stratco promptly of any decision or instruction that needs to be made or given before Stratco is able to proceed with the installation; and
(v) Provide a safe working environment for Stratco s employees and contractors.
5.6 The risk in the goods supplied by Stratco passes to the Customer upon delivery and the Customer must insure the goods from that time.
6. OWNERSHIP
6.1 Ownership of all goods remains with Stratco until all amounts owing to Stratco have been paid in full and the Customer has performed all of its other obligations under these Terms and Conditions. Until title in the goods passes to the Customer, the Customer must:
(a) Keep the goods in a good and secure condition;
(b) Not obliterate, damage or obscure any labels or other identifying marks applied to the goods by or on behalf of Stratco;
(c) Keep the goods fully insured to their full replacement value against all risks;
(d) Not encumber the goods in any way; and
(e) Hold and keep the goods separately from other property in the possession of the Customer (including goods already supplied by Stratco) and in a manner which enables the goods to be easily identifiable as goods supplied by Stratco.
6.2 The Customer may on-sell the goods prior to ownership passing to the Customer in the ordinary course of the Customer’s business If the Customer resells the goods or any of them before ownership passes to the Customer, the Customer shall hold the proceeds of resale of the goods or any of them in trust for Stratco and account to Stratco for all moneys owed by the Customer to Stratco. The Customer shall ensure that any proceeds are paid into a separate bank account so that the proceeds are at all times identifiable and traceable. If the Customer resells the goods or any of them so as to create a debt owed to the Customer, the Customer assigns all legal and equitable title to that debt to Stratco and the Customer irrevocably appoints Stratco as its attorney with all powers permitted by law for the purpose of effecting any such assignment and recovery of any such debt in the name of the Customer for the benefit of Stratco.
6.3 The Customer s authority to sell the Goods may be revoked by Stratco at any time by notice in writing.
6.4 Stratco shall be entitled to repossess all goods which it claims belongs to it at any time without notice and for such purpose it shall be lawful for Stratco and/or its agent to enter any premises where the goods are or are believed to be and to remove the goods. The Customer indemnifies and agrees to hold harmless Stratco against any damage howsoever caused in relation to such entry and removal including consequential loss or damage to any third party or to the Customer.
7. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)
7.1 All terms in this clause have the meaning given in the PPSA and section references are to sections of the PPSA.
7.2 The Customer acknowledges that Stratco holds a “security interest” in the goods and any proceeds of the sale of the goods pursuant to Section 17.
7.3 On Stratco s request the Customer will promptly execute any documents, provide all necessary information and do anything else required by Stratco to ensure that the security interest constitutes a perfected security interest in the goods and their proceeds with priority over all other security interests in the goods.
7.4 The Customer will pay Stratco all fees and expenses incurred by Stratco in relation to the filing of a financing statement or a financing change statement
7.5 The Customer waives its rights to receive a verification statement in respect of any financing statement or financing change statement registered by Stratco under the PPSA and agrees that as between Stratco and the Customer, the Customer shall have no rights under (or by reference to) sections 114(1)(a), 116, 119, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA and where Stratco has rights in addition to those in part 9 of the PPSA, those rights shall continue to apply.
7.6 The Customer agrees to provide any further securities as Stratco may from time to time require, in the form required by Stratco and to comply with all obligations under those securities.
7.7 The Customer shall not grant any other security interest or any lien over goods that Stratco has a security interest in, or over any products in which any such goods are incorporated.
7.8 The Customer shall give Stratco not less than 14 days prior written notice of any proposed change in its name or contact details.
8. DEFAULT
8.1 The Customer will be in default, if any of the following events occur:
(a) The Customer fails to pay any money owing on the due date, or breaches any of its other obligations under these Terms and Conditions, any security document granted in favour of Stratco, or any other contract entered into at any time between the Customer and Stratco.
(b) The Customer sells, parts with possession, leases or disposes of the goods contrary to these Terms and Conditions or does anything inconsistent with Stratco s ownership of the goods.
(c) Stratco believes the Customer has committed or will commit an act of bankruptcy, has or will enter into any composition or arrangement with its creditors, has had or is about to have a receiver, statutory manager, administrator or similar appointed, or is wound up, declared insolvent, deemed to be unable to pay its debts as they fall due, ceases to be of full legal capacity, or dies.
(d) The goods are at risk, as that term is defined in the PPSA: or
(e) The Customer neglects or fails to carry on its business to the reasonable satisfaction of Stratco, or if there is a significant deterioration in the trading or asset position of the Customer in the opinion of Stratco.
8.2 Where the Customer is in default, Stratco may, at its option, do any one or more of the following:
(a) Require the Customer to remedy the default in the manner and within the period required by Stratco;
(b) Enforce its security interest;
(c) Charge default interest on any overdue amounts in accordance with these Terms and Conditions;
(d) Require the Customer to pay all amounts it owes Stratco immediately;
(e) Suspend or terminate the Customer’s account with Stratco: or
(f) Exercise any other rights that Stratco has under these Terms and Conditions or that are available to Stratco by law or equity.
8.3 In addition, Stratco may terminate the Customer s account at any time by written notice if it considers the Customer to be a credit risk. If the Customer s account is terminated, the Customer must immediately pay to Stratco any amount owing to Stratco. Termination will not affect any of Stratco s rights that arise before or upon termination.
9. RETURN OF GOODS AND LIMITATION OF LIABILITY
9.1 If the Customer believes that the goods are defective, it may seek the written consent of Stratco to return the goods, such consent not to be unreasonably withheld or delayed.
9.2 If Stratco gives its written consent to the Customer returning the goods then it may, in its discretion, repair or replace the goods or refund the purchase price to the Customer, or re-perform any Service provided, (but not including the cost of any service provided in respect of the goods), provided that:
(a) The goods must be returned to Stratco within 7 days of the date of delivery; and
(b) The Customer must supply the date and the number of any invoice relating to the goods, and
(c) Stratco must have a reasonable opportunity to inspect the goods.
9.3 To the extent permitted by law, Stratco s liability is limited to the purchase price of the defective goods and any related services , and the Customer will have no claim against Stratco unless written notice is given to Stratco within 6 months after the delivery date.
9.4 Stratco shall not be responsible for any damage caused either to the goods or as a result of the malfunction of the goods if:
(a) The goods are fitted by an unqualified tradesperson:
(b) The goods are not fitted to a good trade standard:
(c) The goods are in any way adapted to a use for which they are not specially intended: or
(d) The goods are added to or repaired using components not recommended or approved by the manufacturer of the goods.
9.5 To the extent permitted by law, Stratco shall have no further liability or responsibility for any direct, indirect or consequential injury, liability, loss or damage arising from any supply of the goods or the services, whether in contract, tort or otherwise.
9.6 Where the supply is for the purpose of the business, the Customer agrees that sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply and the parties acknowledge that they are in trade, the supplies made under these Terms and Conditions are both supplied and acquired in trade and it is fair and reasonable that the parties are bound by this clause.
9.7 Other than as expressly provided for in these Terms and Conditions, Stratco makes no representation and gives no assurance, condition or warranty of any kind to the Customer (including any assurance, condition or warranty implied by law to the extent that the assurance, condition or warranty can be excluded) in relation to the goods and services and accepts no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these Terms and Conditions.
10. CONSUMER GUARANTEES ACT 1993 (CGA)
10.1 Where a supply is for the purpose of a business, the Customer agrees that the guarantees contained in the CGA do not apply.
10.2 Nothing in these Terms and Conditions otherwise limits any right the Customer may have under the CGA.
11. CONSTRUCTION CONTRACTS ACT 2002 (CCA)
11.1 The Customer will exercise its right under the CCA in respect of any agreements it is a party to which is deemed to be a construction contract for the purpose of the CCA to enable it to perform its obligations to Stratco under these Terms and Conditions.
12. FORCE MAJEURE
12.1 Neither party shall be liable for delay or failure to perform its obligations under these Terms and Conditions if the cause of delay or failure is beyond its reasonable control (but excluding any lack of funds).
13. INTELLECTUAL PROPERTY
13.1 If any goods are to be supplied to the Customer s design, such designs shall be and remain the property of the Customer. The Customer warrants that the manufacture and supply of such goods by Stratco will not infringe the intellectual property rights of any third party and the Customer indemnifies Stratco against any loss, liability, costs and expenses in the event of any claim being made that the manufacture or supply of such goods by Stratco infringes the intellectual property rights of any third party.
13.2 Subject to clause 13.1, Stratco is and will remain the exclusive owner everywhere in the world of all intellectual property rights and interests in the goods and their design, and any other work performed by Stratco for the Customer, as first owner of those intellectual property rights and interests, and the Customer must not attribute the goods to anyone other than Stratco or remove any of Stratco s trademarks, signatures, logos or similar from the goods.
14. CONFIDENTIALITY
14.1 Each party shall at all times treat as confidential all non-public information and material received from the other party and shall not publish, release, or disclose the same without the prior written consent of the other party.
15. NOTICES
15.1 Any notice may be given by Stratco either by phone, in person, posted, or sent by email to the Customer or where the Customer is a company, to any of its directors.
16. GENERAL
16.1 These Terms and Conditions replace any existing terms and conditions and constitute the entire agreement between Stratco and the Customer relating to their subject matter.
16.2 The Customer shall not transfer or assign its rights or obligations under these Terms and Conditions without Stratco s prior written consent (not to be unreasonably withheld or delayed).
16.3 If any person has agreed to be bound by these Terms and Conditions in their capacity as the trustee of a trust and has no right to or interest in any of the assets of the trust except in its capacity as trustee of the trust, then its liability shall be limited to the value of the assets of the trust which now or in the future are (or, but for that person s wilful neglect or default, would be) in the hands of the trustees for time being of the trust.
16.4 No failure or delay by either party at any time to require full performance by the other party of its obligations, or to exercise any of its rights under these Terms and Conditions or otherwise, shall operate as a waiver of those matters.
16.5 If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in force and effect.
17. GOVERNING LAW AND DISPUTES
17.1 These Terms and Conditions shall be governed by the laws of New Zealand.
17.2 Any claim or dispute arising under these Terms and Conditions shall be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute themselves within 1 month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand Courts.
17.3 The Customer and Stratco irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of New Zealand for any disputes or proceedings arising out of or in connection with these Terms and Conditions.
18. INTERPRETATION
18.1 In these Terms and Conditions unless the context otherwise requires:
(a) The rule of construction known as the contra proferentem rule does not apply to these Terms and Conditions;
(b) Words importing the singular include the plural and vice versa and words importing one gender include all genders;
(c) References to a party include that party’s successors, personal representatives, executors, administrators and permitted assigns and where the context permits, the agents, employees and contractors of that party;
(d) References to any legislation includes references to any subordinate legislation, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation;
(e) Any covenant not to do anything shall also constitute an obligation not to suffer, permit, cause or assist any other person to do that thing;
(f) A right granted or received may be exercised from time to time and at all times; and
(g) Time shall be of the essence in respect of the performance by the parties of their obligations contained in these Terms and Conditions;
Request For Supply of Goods
The Company shall accept orders from the Customer by any means the order is provided and shall invoice the Customer in writing once accepted. The Company may accept orders from the Customer or any person who the Company reasonably believes is an employee, officer or agent of the Customer without making further enquiry into that person" authority to place orders. Any order from the Customer to the Company for the supply of Goods shall not be binding upon the Company until accepted by the Company.
E-Commerce
The Customer may have access to the Company" E-Commerce system ("Stratco Direct™") at the Company" sole discretion and the Company reserves the right to terminate or suspend the Customer" access to Stratco Direct™ for any reason by giving the Customer notice to that effect, either in writing or by way of Stratco Direct™. No warranty is made as to the availability of Stratco Direct™. If accepted the Customer agrees to use Stratco Direct™ only as set out in the User Manual and agrees that orders will be deemed to have been accepted by the Company only when Stratco Direct™ makes a Works Order Number available for viewing. The Customer acknowledges that it is responsible for the administration of passwords and security allocations to its Authorised Users and agrees that it will be liable to pay for all orders made using the Customer" authorised user codes unless the order is cancelled with the written consent of the Company. The Customer further acknowledges that:
- delivery times and pricing projected as shown by Stratco Direct™ are no more than estimates and shall not be binding upon the Company unless confirmed by the Company by other means.
- the Company accepts no responsibility for any loss arising directly or indirectly from damage to the Customer" systems arising from unauthorised access to Stratco Direct™ or unauthorised modification of Stratco Direct™ by third parties.