Website Terms and Conditions
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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.)
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.
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.
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.
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.
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.
Sale Terms and Conditions
General Terms and Conditions of Sale and Security Agreement
Where in these terms and conditions the expression "the Company" is used, it shall be taken to mean Stratco Holdings Pty. Ltd. ABN 25 007 893 781, and/or its subsidiaries Stratco (Australia) Pty. Limited, ABN 40 007 550 754, Stratco (S.A.), Stratco (Vic.) and Stratco (N.T.) all divisions of Stratco Pty Ltd ABN 30 007 528 850, Stratco (Alice Springs) Pty Ltd ABN 35 061 118 456, Stratco (N.S.W.) Pty. Ltd. ABN 30 003 583 702, Stratco (Qld) Pty. Ltd. ABN 61 010 474 996, and Stratco (W.A.) Pty Ltd ABN 77 008 836 833 or any of them. "Collateral" and/or "Goods" shall mean all goods and/or services supplied by the Company to the Customer, or ordered by the Customer but not yet supplied, and includes goods described on any quotation, invoice, purchase order or any other document including any recommendations and advice and over which the Company may intend to register a security interest. You the customer may be referred to in these terms and conditions as "the Customer".
These terms and conditions, are effective from the date of acceptance by the Customer and may be amended or superseded from time to time by notice given by the Company by any means. Unless or except specifically excluded herein, the Company retains any rights and remedies available in any prior or pre-existing agreement.
The Customer acknowledges that these general terms and conditions apply in relation to all sales of Goods by the Company to the Customer and to all orders placed with the Company. No person acting or purporting to act on the Company's behalf has the authority to make any promise, representation or undertaking or to add to or change in any way these General Terms And Conditions Of Sale & Security Agreement except expressly in writing. These terms and conditions are in addition to and in no way are intended to limit, vary or exclude any rights conferred by the conditions and warranties implied by the Competition and Consumer Act 2010 or by any similar legislation of a State or Territory of Australia which prohibits any such limitation, variation or exclusion. Prices are subject to change without notice.
Clerical errors are subject to correction and do not bind the Company. The Customer's rights under these General Terms And Conditions Of Sale & Security Agreement are not assignable or transferable.
Personal Property Securities Act 2009 (PPSA)
Where a Commercial Credit Account has been approved, the Customer grants and the Company may register on the Personal Property Securities Register, a security interest in all and any sale of Goods under this agreement, including but not limited to intellectual property and all other present and after-acquired property.
The Customer warrants that all purchases under the commercial credit account are for commercial purposes only and, accordingly, the provisions of the National Credit Code will not apply.
The Customer and the Company agree to contract-out of the PPSA in accordance with section 115 of the PPSA to the extent that the section applies for the benefit of, and does not impose a burden on, the Company. The Customer waives its right to receive a copy of any Financing Statement or any Financing Change Statement registered by the Company in respect of the security interest created by these terms and conditions.
The Customer agrees to execute any documents, provide all relevant information and co-operate fully with the Company to ensure that the Company has a perfected security interest in the personal property charged and, if applicable, a Purchase Money Security Interest (PMSI). The Customer waives its right to receive notice of a verification statement in relation to any registration by the Company on the register. If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising in connection with these terms, the Customer agrees that the following provisions of the PPSA will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires the Company to give a notice to the Customer; section 96 (when a person with an interest in the whole may retain an accession); subsection 121(4) (enforcement of liquid assets – notice to grantor); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires the Company to give a notice to the Customer; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement).
The Company agrees with the Customer not to disclose information of the kind mentioned in subsection 275(1) of the PPSA except in circumstances required by paragraphs 275(7)(b)-(e).
The Customer agrees to notify the Company of any change in the Customer's structure or management including any sale or disposition of any part of the business of the Customer, any change in directorships, shareholders or management or change in partnership or trusteeship 7 days prior to any such change taking effect. The Customer agrees that, until all monies owing to the Company are paid in full, it shall not sell or grant any other security interest in the Collateral. The Customer will not register a financing change statement in respect of the security interest without the Company's prior written consent. The Customer agrees that the Company may, at its absolute discretion, apply any amounts received from the Customer towards amounts owing to the Company in such order as the Company may determine. Notices or documents required or permitted to be given to the Company for the purposes of the PPSA must be given in accordance with the PPSA. If the Company receives any notice in relation to the Customer under Section 64 of the PPSA, all outstanding amounts may, at the Companies discretion, become immediately due and payable. The Customer agrees to reimburse, upon demand, the Company for all costs and/or expenses incurred or payable by the Company in relation to registering or maintaining any financing statement, releasing in whole or in part the Company's security interest or any other document in respect of any security interest. In these terms the following words have the respective meanings given to them in the PPSA: commingled, financing statement, financing change statement, perfected, proceeds, register, registration, security interest and verification statement.
The Company reserves the right to vary these terms and conditions of sale.
The Customer may have access to the Company's E-Commerce system ("Stratco Direct™") at the Company's sole discretion and the Company reserves the right to terminate or suspend the Customer's access to Stratco Direct™ 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's 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's systems arising from unauthorised access to Stratco Direct™ or unauthorised modification of Stratco Direct™ by third parties.
Trade prices do not include GST. The company will charge GST at the rate set by the Government in respect of any supply made to the Customer.
Any quotations provided by the Company remain open for acceptance for a period of 30 days from the date of quotation. After this time this quotation is voidable at the option of the Company which may in its absolute discretion determine this quotation and subsequently revise the price or any other of the conditions so quoted.
No order may be cancelled by the Customer without the written consent of the Company, irrespective of whether or not the Company has advised the Customer of its acceptance of that order.
Where the Company agrees to install Goods at any premises (the "premises") the following conditions shall apply:
- The Customer will provide reasonable access for the Company, its servants, agents and subcontractors to the premises during the period of installation as may be agreed by the parties to enable the Company to carry out its obligations. The Customer will also provide at its own expense, connection for electricity and any other similar services required by the Company for installation of the Goods.
- The Company will be under no liability or responsibility for any loss, damage or expense howsoever incurred by the Customer as the result of:
- any failure or delay by the Company in performing any of its obligations under the contract due to any reason beyond the control of the Company; or
- any prohibitions or restrictions under any applicable statutes, bylaws or regulations.
- Any existing defects discovered by the Company in the course of installation shall be the responsibility of the Customer and the Company shall be the sole judge in respect of determining what remedial action is required. The Company may terminate any contract if the remedial action is not completed or taken as instructed, and within the time specified, by the Company without prejudice to its existing rights. Any additional expense incurred by the Company will be the responsibility of the Customer.
Collection and Delivery of Goods
All Goods must be collected within a maximum period of 10 working days after the specified date. The Customer will then be invoiced for the price of the Goods and the Goods will then in the discretion of the Company either be delivered to the Customer's premises or to a depot selected by the Company. If the Customer is unable or unwilling to accept physical delivery of the Goods when the Goods are ready for delivery, the Company shall be entitled to charge a fee for any delay suffered, or to arrange for storage of the Goods at the risk and cost of the Customer. All transportation, storage and other consequential costs shall be payable by the Customer as part of the Goods in question.
All times quoted for delivery and/or installation are estimates only. The Company shall not be liable for any loss or damage, including consequential loss or damage, arising from delay in delivery and/or installation or failure to deliver Goods, either in whole or in part.
The Company's obligation to deliver shall be discharged on arrival of the Goods at the Customer's nominated delivery destination or nominated agent or carrier. The Customer shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or despatch. The Company reserves the right to deliver by portion and each portion shall not entitle the Customer to repudiate the contract. Delivery will be deemed to have occurred when on-loaded at the Company's premises and all Goods shall be the risk of the Customer after on-loading.
Payment for all Goods purchased from the Company is due and payable at the time of purchase unless a credit account has been approved and the National Credit Code does not apply, in which event payment must be made on or before the last working day of the month following that in which deliveries are invoiced and in that case:
- payment must be prompt and notwithstanding any previous indulgences, the Company may in its absolute discretion require immediate payment of any amount owing and / or refuse credit or supply of Goods without giving any notice whatsoever.
- a 1.5% settlement discount is available to credit account Customers on most items where payment in full is received within the terms defined above but this settlement discount does not apply where the payment is made by credit card and a surcharge for payments made by credit card may apply.
- if payment in full is not received within the terms defined above, the Customer shall in addition be liable to pay:
- interest at the rate of 1% per month (calculated daily) on any overdue amount, and
- all expenses (including any amount charged to the Company by a debt collection agency) incurred in recovering or attempting to recover an overdue amount.
Fitness For Purpose
The Customer agrees that the Company shall not be liable for any:
- representation, promise or undertaking regarding the fitness or otherwise of Goods supplied by the Company unless it is made in writing or implied by law.
- failure by the Customer to fix, install, erect, or maintain the Goods in accordance with any advice, recommendation, specification, information, assistance or service provided by the Company in relation to Goods sold or manufactured by it. The performance of steel products is dependent on the environment, product selection, handling, installation and maintenance. Before using the Company's steel products, read the brochure "Selection, Use and Maintenance of Stratco Steel Products".
Where the Customer orders a particular brand of product, the Company may in its absolute discretion supply another product with identical or similar properties to that which was ordered ("the Equivalent") and the Customer will be obliged to accept and pay for the Equivalent as if the ordered brand of product had been supplied. Where an Equivalent is supplied, the Company will not be under any obligation to notify the purchaser of such occurrence, and purchasers should note that the use of colour names in any Company document indicate no more than the colour of product supplied or its equivalency. This term will not apply if, and only if, the Customer has given notice in writing to the Company stating that the Customer is only prepared to accept products bearing the brands or trade marks specified in its orders.
The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfil any quotation or order. The Customer will, within a reasonable time following delivery, grant the Company access to the Goods in order to inspect for any alleged defects. Should the Customer fail to notify the Company within the specified period then the Goods shall be deemed to be in compliance with the order and free from any defect whatsoever.
Default of the Customer
If the Customer makes a default in any payment, commits any act of bankruptcy, has liens placed on a project or assets frozen or restrained, or becomes subject to any form of external administration or an application for any form of external administration is made, the Company may at its option withhold further deliveries or cancel the contract without prejudice to its rights thereunder. Where such default occurs this shall not in any way prejudice the right of the Company to recover any amounts due for materials previously supplied, or manufactured to the Customer's requirements.
The Company shall have the exclusive right to nominate the Court in which any legal action is to be commenced and conducted, and the Customer shall consent to a permanent stay of any proceedings which may have been commenced by the Customer in a Court not nominated by the Company.
No claim by the Customer for poor workmanship or failure to supply products conforming to the Customer's orders shall be recognised by the Company unless made in writing to the Company within 14 days after delivery of the Goods to the Customer. No claim involving labour charges or product replacement will be recognised by the Company unless the Company's agreement to the value of such claim is obtained immediately such a problem becomes evident and the Customer has demonstrated that he has taken all possible action to minimise the effect of such a claim and the Company has been given sufficient time to investigate and take such action it feels necessary to resolve the problem. No claims will be recognised by the Company relating to materials which have been fixed unless in the Company's view the problem could not have been detected during the fixing process. Claims for lost time or waiting time will not be approved by the Company. No claim will be recognised by the Company for any loss, damage or injury of any kind whatsoever, arising directly or indirectly from the Customer's failure to obtain independent professional and/or tradesman's advice in relation to the suitability of the Goods for any specific purpose. The Company shall not be liable to the Customer for any loss of profits or consequential, indirect or special loss, damage or injury of any kind whatsoever, arising directly or indirectly from any defect in the Goods or their installation (regardless of any express or implied terms, or by reason of the Company's negligent act or omission or otherwise at common law).
Stock items only may be returned for credit within 30 days from date of delivery if they are in prime condition, and will be subject to a handling fee of 15%. The invoice number and delivery date must be quoted upon return. Goods will not be accepted for credit after 30 days from date of delivery. If specially manufactured to the Customer's requirements, Goods may not be returned for credit.
The Company reserves the right to sub-contract the manufacture and/or supply of any part of the Goods quoted or of any materials or services to be supplied.
Title to Goods
All Goods supplied by the Company shall be at the Customer's risk from the time of on-loading at the Company's premises. The legal and equitable title to and property in the Goods will not pass to the Customer until the Customer has paid all moneys owed to the Company on any account whatsoever. Payment shall not be deemed to occur until all cheques in payment of moneys owing to the Company have been presented and cleared in full. The Company reserves its right to enter upon any premises for the purpose of repossessing Goods. The right to repossess is without prejudice to any other rights of recovery otherwise available. Until all Goods are paid for in full the relationship of the Customer to the Company shall be as a fiduciary in respect of the Goods and accordingly, the Customer shall store the Goods in such a way that they can be recognised as the property of the Company and, if the Goods are sold by the Customer, the Company shall have the right to trace the proceeds thereof.