STAIRBUILDER TERMS AND CONDITIONS
A. Definitions and Application
1. Definitions
In these Terms and Conditions:
1.1 “Stairbuilder”, “we”, “us” or “our” means Stairbuilder Pty Ltd (ABN 30 680 478 951) of 11 Ordish Rd Dandenong South VIC 3175.
1.2 “Customer” or “you” means the person or entity that places an Order for, or accepts delivery of, the Goods. If there is more than one Customer, each Customer is jointly and severally liable.
1.3 “Goods” means the flat-packed staircase kit, stair components, balustrade components and related goods supplied by us on a Supply-only basis, as specified in the applicable Order Summary.
1.4 “Configurator” means the online staircase design tool made available by us on our website that allows you to enter dimensions, select available options and generate an indicative price and Order Summary.
1.5 “Order Summary” means the design specification, drawings and itemised description generated by the Configurator that records the Goods to be supplied.
1.6 “Order” means an order for Goods placed by the Customer through our website or by any other means.
1.7 “Price” means the price payable for the Goods, as displayed at checkout and recorded in the applicable Order Summary.
1.8 “NCC” means the National Construction Code, including the Building Code of Australia, as amended, updated or replaced from time to time and as applicable in the relevant State or Territory.
1.9 “ACL” means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended, updated or replaced from time to time.
1.10 “PPSA” means the Personal Property Securities Act 2009 (Cth), as amended or replaced from time to time.
1.11 “Supply-only” means that we manufacture and supply the Goods only and are not responsible for assembling, fitting or installing the Goods at the Customer’s site.
1.12 “Site” means the premises or property nominated by the Customer where the stairs or related goods are to be delivered, installed, or otherwise supplied.
2. Application and Acceptance
2.1 These Terms and Conditions apply to all Orders for the Goods.
2.2 By placing an Order through our website and completing checkout, the Customer agrees to these Terms and Conditions.
2.3 The Order Summary forms part of the applicable Order.
2.4 An Order is not binding on us until we accept it. We may accept an Order by confirming it in writing, issuing a tax invoice, commencing manufacture or by other conduct indicating acceptance.
2.5 We may decline an Order where, for example, the Goods are unavailable, there is a genuine pricing or specification error, or the proposed design cannot reasonably be manufactured safely or in accordance with applicable requirements. If we decline an Order after payment has been made, we will refund the amount paid for that Order.
2.6 Website prices, specifications and product descriptions may change before an Order is placed and may contain errors or omissions. If we identify a genuine error before accepting an Order, we will notify the Customer and the Customer may confirm the corrected Order or cancel it for a full refund.
2.7 These Terms and Conditions prevail over any inconsistent terms submitted by the Customer, unless we expressly agree otherwise in writing.
B. Customer Responsibilities
3. Online Configurator and Ordering
3.1 The Goods are manufactured to the dimensions and specifications entered by the Customer into the Configurator or otherwise provided to us. This includes the finished floor-to-floor height, opening length and width and other measurements provided by the Customer.
3.2 The Customer is responsible for ensuring that all measurements, dimensions and other information provided to us are accurate, complete and verified at the site. Customers should contact us to discuss their specifications if unsure about the relevant measurements.
3.3 We rely on the information provided by the Customer and, to the extent permitted by law, are not responsible for loss, cost, delay, damage or unsuitability caused by inaccurate, incomplete or unverified measurements or information.
3.4 The Configurator is designed to prevent staircase geometry outside applicable NCC limits, including maintaining the relationship between rise and going (2R + G) within the generally applicable range of 550 mm to 700 mm. The Configurator cannot verify site conditions, including whether the site is level or square, whether the staircase will physically fit, or whether the installed staircase will achieve required headroom, clearances or other site-specific requirements.
3.5 We recommend that measurements and site conditions are checked by a licensed builder or other suitably qualified person before an Order is placed, particularly headroom, floor opening dimensions and structural support.
3.6 Timber is a natural product and may swell, shrink or move. The Customer should allow suitable clearance when preparing the opening. As a general guide, the opening should be at least 5mm wider than the staircase. Additional clearance may be required for balustrades, handrails, posts, fixings and finger clearance.
3.7 Before manufacture begins, the Customer must review and approve the applicable Order Summary, including the drawings, dimensions and specifications.
3.8 By approving the Order Summary, the Customer confirms that the information is accurate and complete and authorises us to manufacture the Goods.
3.9 Once the Order Summary has been approved, changes may not be possible. If a change is possible, we may charge the reasonable additional costs resulting from the change.
4. Installation and Regulatory Compliance
4.1 We manufacture the Goods in accordance with the staircase geometry generated by the Configurator and the applicable requirements of the NCC to the extent relevant to the design and manufacture of the Goods.
4.2 Because the Goods are supplied on a Supply-only basis, the Customer is responsible for ensuring that the completed staircase complies with the NCC and all applicable laws, regulations, standards and approval requirements at the site.
4.3 The Customer, builder or installer is responsible for obtaining any required building approvals, permits, certifications and other approvals and for ensuring that the completed installation complies with applicable legal and other requirements, including requirements relating to headroom, balustrades, handrails, landings, openings, clearances, structural adequacy and fixing.
4.4 If the Customer requests a design or product that departs from applicable requirements, or site conditions prevent a compliant installation, the Customer is responsible for addressing those installation requirements.
4.5 To the extent permitted by law, we are not responsible or liable for non-compliance caused by site conditions, Customer measurements or specifications, installation or any departure from applicable requirements requested or authorised by the Customer.
4.6 Nothing in these Terms and Conditions limits or excludes any rights or remedies that cannot lawfully be limited or excluded under the ACL or other applicable law.
C. The Order
5. Supply-only Stair Inclusions and Exclusions
5.1 The Goods are supplied flat-packed on a Supply-only basis and require assembly and installation at the site.
5.2 Unless otherwise specified in the Order Summary, the Goods include the staircase components required to assemble the staircase, including strings, treads, risers and, where ordered, posts, balusters, handrails, base rails, glue blocks and wedges. A small fixings pack will be provided with each order for connecting items like risers, treads and stringers.
5.3 Unless expressly specified in the Order Summary, the Goods do not include:
(a) assembly, fitting or installation;
(b) sanding, painting, staining, sealing, oiling or other finishing;
(c) structural framing, supports or other building work required for installation; or
(d) any other goods, materials, services or work not expressly included or specified in the Order Summary.
5.4 The Customer is responsible for ensuring that all site-specific fixings, structural supports, building work and other goods, materials or services required for safe and compliant assembly and installation are identified and provided by the Customer or the Customer’s builder or installer.
6. Prices, GST and Payment
6.1 The Price is the price displayed at checkout and recorded in the applicable Order Summary. Unless otherwise stated before the Order is placed, the Price includes delivery and GST.
6.2 The Customer must pay the full Price at checkout before we accept the Order or commence manufacture.
6.3 Prices displayed through the Configurator and at checkout may change before the Order is placed. Once the Order has been accepted and paid for, the Price will not change except as permitted by these Terms and Conditions or as agreed in writing.
6.4 Unless otherwise stated, all prices include GST. The tax invoice will identify the GST component.
6.5 A payment surcharge may apply to card payments. Any surcharge will be displayed before payment and will not exceed the cost we are permitted to recover under applicable law.
6.6 If an amount remains unpaid when due, we may charge reasonable interest and recover reasonable costs of recovering the overdue amount, to the extent permitted by law.
7. Variations of Made-to-Order Goods
7.1 The Goods are made to order based on the dimensions, specifications and selections provided by the Customer and recorded in the applicable Order Summary.
7.2 The Customer must carefully review and approve the Order Summary before manufacture begins.
7.3 Once manufacture has commenced, an Order cannot be cancelled except where required by law, including under the ACL.
7.4 After approval or commencement of manufacture, requested changes may not be possible. If we agree to a change, the Customer must pay any reasonable additional costs resulting from the change, including materials, labour, re-manufacture or manufacturing changes.
7.5 We are not required to accept a requested change where it is impractical, would adversely affect the Goods or cannot reasonably be accommodated after manufacture has commenced.
8. Lead Times
8.1 Estimated production and delivery lead times are shown at the time of ordering and/or in the Order Summary. Production and delivery lead times are separate.
8.2 Lead times are estimates only and are not guaranteed. They may vary due to order volumes, timber availability, the type or complexity of the staircase, freight delays or other circumstances beyond our reasonable control.
8.3 If an Order includes items with different lead times, the longest lead time will apply to the Order as a whole unless we agree otherwise.
8.4 We will use reasonable efforts to meet estimated lead times but are not responsible for delays caused by circumstances beyond our reasonable control.
D. Delivery
9. Delivery and Freight
9.1 The Goods are delivered flat-packed, usually on a pallet, by a third-party freight carrier to the delivery address provided by the Customer.
9.2 Delivery is generally kerbside. The Customer is responsible for ensuring safe and suitable access and having enough people available to receive and move the Goods.
9.3 An Order may be delivered in more than one consignment.
9.4 Delivery dates and times are estimates only. Delivery may be delayed by circumstances beyond our reasonable control, including accidents, road closures, severe weather or freight delays.
9.5 Delivery occurs when the Goods are delivered to the nominated delivery address. If the Customer specifically requests unattended delivery, the Customer accepts responsibility for the Goods after delivery, to the extent permitted by law.
9.6 If delivery cannot be completed because of inadequate access or because no one is available to receive the Goods, reasonable additional delivery, redelivery or storage charges may apply.
9.7 If the Goods cannot be delivered, or the Customer cannot take delivery, within 3 months after the Goods are ready for delivery, we may, after giving reasonable notice, charge reasonable storage costs or take other reasonable steps in relation to the Goods. The Customer remains liable for the Price, subject to any rights or remedies available under the ACL.
10. Inspection, Damage and Shortages
10.1 The Customer should inspect the Goods as soon as reasonably practicable after delivery. Where possible, visible damage or missing items should be noted on the carrier’s delivery documentation.
10.2 The Customer should notify us in writing as soon as reasonably practicable of any damage, shortage or Goods that do not match the Order Summary. We may ask for photographs or other reasonable information to assist us in assessing the issue.
10.3 The Customer should not commence assembly, finishing or installation of Goods that appear to be damaged, defective or incorrect.
10.4 Failure to notify us within a particular period does not limit or exclude any rights or remedies available to the Customer under the ACL or any other applicable law.
11. Risk, Title and Security Interest
11.1 Risk in the Goods passes to the Customer on delivery, subject to any rights that cannot lawfully be excluded. The Customer should arrange appropriate insurance from that time.
11.2 Title to the Goods remains with us until we receive payment of the Price in full. Until title passes, the Customer holds the Goods as our bailee and must keep them separate and identifiable as our property.
11.3 These Terms and Conditions create a security interest in the Goods and their proceeds in our favour for the purposes of the PPSA.
11.4 The Customer agrees that we may register that security interest on the Personal Property Securities Register and must provide information and assistance reasonably required for that purpose.
11.5 Until title passes, the Customer must not sell, dispose of or grant a security interest over the Goods except as permitted by these Terms and Conditions or with our written consent.
11.6 If the Price is overdue, we may take reasonable steps to recover the Goods to the extent permitted by law. Any enforcement action will be subject to applicable law, including the PPSA.
11.7 Nothing in this clause limits or excludes any rights or remedies available to the Customer under the ACL or other applicable law.
12. Storage
12.1 Until installation, the Customer must store the Goods flat, dry and well-ventilated and protect them from moisture, rain and other sources of water.
12.2 Timber is a natural product and may swell, shrink or move when exposed to changing moisture levels.
12.3 The Customer is responsible for appropriately storing the Goods after delivery and before installation.
E. Product
13. Timber Characteristics
13.1 The Goods may include natural timber and timber-based products, including MDF, Pine, Tasmanian Oak and US North Oak, as specified in the Order Summary.
13.2 These materials may vary in colour, grain, texture and appearance. Natural timber may also vary between boards and batches and may differ from samples, photographs or images shown by us. We do not guarantee an exact colour, grain or appearance match unless expressly agreed in writing.
13.3 Natural timber responds to changes in temperature and humidity and may swell, shrink or move. Minor movement, small gaps and occasional minor noise, particularly during dry conditions, are normal characteristics of timber and are not necessarily defects.
13.4 Heat, air-conditioning, evaporative cooling, fireplaces and direct sunlight may increase localised movement, shrinkage, gapping, cupping or other changes in timber.
13.5 Different materials and timber species have different levels of hardness and durability. Softer timber may be more likely to show dents, scratches, marks and wear from normal use.
13.6 Natural timber may contain knots, gum veins, grain variations, growth marks, colour variations and minor surface imperfections depending on the species and grade selected. These are natural characteristics and are not necessarily defects.
13.7 Unless otherwise stated in the Order Summary, the Goods are supplied unfinished or raw.
13.8 Staircases are subject to regular and heavy use. Natural timber and timber-based staircase components should not be expected to maintain a furniture-quality appearance under normal use.
14. Finishing and Maintenance
14.1 Unless otherwise stated in the Order Summary, the Goods are supplied unfinished or raw. The Customer should apply a suitable finish, such as oil, lacquer, varnish or paint, as soon as reasonably practicable after installation.
14.2 The Customer must protect unfinished Goods from wet plaster, render, paint, cement, moisture and other wet building materials during construction and installation.
14.3 The Goods should be assembled and installed by a competent person in accordance with good building practice and any instructions we provide.
14.4 The Customer is responsible for maintaining the finished staircase in accordance with the requirements of the finish manufacturer and protecting the Goods from excessive moisture, heat, direct sunlight and other conditions that may cause damage or deterioration.
14.5 Nothing in this clause limits or excludes any rights or remedies available to the Customer under the ACL or other applicable law.
15. Assembly and Installation
15.1 The Goods are supplied on a Supply-only basis. We do not assemble, fit or install the Goods. Assembly and installation are the Customer’s responsibility.
15.2 The Customer is responsible for ensuring that the Goods are assembled and installed by a competent person in accordance with our instructions, relevant legal requirements and good building practice.
15.3 To the extent permitted by law, we are not responsible for defects, damage, injury, loss or non-compliance caused by incorrect assembly or installation, failure to follow our instructions, or installation by the Customer or another person.
15.4 Nothing in this clause limits or excludes any rights or remedies available to the Customer under the ACL or other applicable law.
F. Problems and Customer Rights
16. Liability and Australian Consumer Law
16.1 Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the ACL or other applicable law.
16.2 To the extent permitted by law, we are not responsible for loss, damage, cost or expense caused by:
(a) inaccurate, incomplete or incorrect measurements or information provided by the Customer;
(b) site conditions, including inadequate access, structural support, level, squareness or preparation;
(c) assembly, installation, fitting or fixing of the Goods by the Customer or another person;
(d) failure to obtain required approvals, permits or certifications;
(e) installation that does not comply with the NCC or other applicable requirements where the non-compliance is caused by installation, site conditions or other matters outside our control;
(f) modifications to the Goods after supply; or
(g) a departure from our specifications or applicable requirements requested or authorised by the Customer.
16.3 To the extent permitted by law, we are not liable for indirect or consequential loss, including loss of income, revenue, profits, business opportunity or anticipated savings.
16.4 Nothing in these Terms and Conditions limits or excludes our liability for any matter that cannot lawfully be limited or excluded.
17. Warranty, Defects and Warranty Claims
17.1 In addition to the Customer’s rights under the ACL, we provide a 7-year warranty against defects in materials and manufacture of the Goods from the date of delivery, subject to this clause.
17.2 This warranty covers defects in materials and manufacture. It does not cover:
(a) fair wear and tear;
(b) natural characteristics or movement of timber described in clause 13;
(c) damage or defects caused by incorrect assembly or installation;
(d) inadequate site preparation or structural support;
(e) failure to properly finish or protect the timber;
(f) excessive or unsuitable exposure to sunlight, heat, moisture or other environmental conditions;
(g) damage caused after delivery, including by other trades; or
(h) damage or defects caused by improper storage, maintenance, use or handling.
17.3 As the Goods are supplied on a Supply-only basis, this warranty does not cover assembly, installation or workmanship carried out by the Customer or another person.
17.4 To make a claim under this warranty, the Customer should contact us using the details below and provide reasonable details and photographs of the alleged defect. We may require the Goods to be inspected before finishing, repair or remedial work is carried out.
17.5 If a valid claim is made under this warranty, we will repair or replace the affected Goods or, where repair or replacement is not reasonably possible, refund the affected portion of the Price.
17.6 We will be responsible for reasonable expenses incurred in making a valid claim under this warranty, where required by law.
17.7 This warranty is in addition to, and does not replace, the Customer’s rights and remedies under the ACL or other applicable law.
Mandatory ACL Warranty Information
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Warranty contact details:
Stairbuilder Pty Ltd
Address: 11 Ordish Rd Dandenong South VIC 3175
Email: support @stairbuilder.com.au
Phone: 03 9792 1108
To make a warranty claim, contact us using the details above and provide reasonable details of the problem and any photographs or other information we reasonably request.
18. Cancellations, Returns and Refunds
18.1 The Customer may cancel an Order before we commence manufacture. If the Order is cancelled before manufacture begins, we will refund amounts paid, less any reasonable costs we have already incurred in relation to the Order, to the extent permitted by law.
18.2 Because the Goods are made to the Customer’s specifications, an Order cannot generally be cancelled or returned after manufacture has commenced, except where required by law, including under the ACL.
18.3 We may cancel an Order before delivery if, for example, the Goods cannot reasonably be manufactured safely or compliantly, or a genuine error has been identified in the Order or specifications.
18.4 If we cancel an Order, we will refund amounts paid for that Order.
18.5 To the extent permitted by law, we are not liable for additional loss or costs arising from a cancellation by us.
18.6 Nothing in this clause limits or excludes any rights or remedies available to the Customer under the ACL or other applicable law.
G. Intellectual Property
19. Intellectual Property
19.1 All designs, drawings, 3D models, specifications and other documents we create in connection with the Goods remain our property, and all intellectual property rights in them remain with us.
19.2 The Customer may use these materials only for ordering, assembling and installing the Goods supplied under the applicable Order.
19.3 The Customer warrants that any design, specification, drawing, measurement or instruction provided to us will not infringe a third party’s intellectual property rights.
19.4 The Customer indemnifies us against a third-party claim arising from infringement caused by materials or instructions provided by the Customer, to the extent permitted by law.
19.5 We may use photographs, designs and drawings of Goods we manufacture for marketing, promotional and portfolio purposes, unless the Customer has notified us in writing before manufacture that this would not be appropriate.
H. Business Administration
20. Privacy
20.1 We handle personal information in accordance with the Privacy Act 1988 (Cth), where applicable, and our Privacy Policy, available on our website.
20.2 We collect and use personal information as reasonably required to process and deliver Orders, arrange freight, provide customer support and comply with our legal obligations.
20.3 By placing an Order, the Customer acknowledges that we may collect, use and disclose personal information for these purposes in accordance with our Privacy Policy and applicable law.
21. Electronic Transactions
21.1 Orders, approvals, notices and other communications may be made, given and accepted electronically.
21.2 Electronic acceptance, including completing checkout or approving an Order Summary online, is binding on the Customer.
21.3 Electronic communications and transactions may be used in accordance with applicable electronic transactions laws.
I. General
22. General
22.1 These Terms and Conditions are governed by the laws of Victoria and applicable Commonwealth laws. The parties submit to the courts of Victoria and courts entitled to hear appeals from them, subject to any mandatory law applying to the Customer.
22.2 If any provision of these Terms and Conditions is invalid or unenforceable, it will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
22.3 Our failure or delay in enforcing a provision or exercising a right does not constitute a waiver of that provision or right.
22.4 Neither party is liable for a failure or delay caused by circumstances beyond its reasonable control, including fire, flood, storm, accident, strike, freight disruption or supply shortages.
22.5 We may assign or subcontract our rights and obligations under these Terms and Conditions. The Customer may not assign or transfer their rights or obligations without our prior written consent, which will not be unreasonably withheld where the proposed transfer does not materially affect our rights or obligations.
22.6 We may update these Terms and Conditions from time to time. The version applying to an Order is the version in force and presented to the Customer when the Order is placed.
22.7 These Terms and Conditions, together with the applicable Order Summary and any order confirmation or tax invoice, form the agreement between us for the supply of the Goods.
22.8 Nothing in these Terms and Conditions limits or excludes any rights or remedies available to the Customer under the ACL or other mandatory applicable law.