Terms and Conditions

Last updated: December 12, 2024

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Terms of Trade

All goods and services supplied by Stairworks Ltd are supplied on these terms of trade, unless otherwise agreed in writing.

Quoting and Pricing

The price for all goods and services will be as quoted by Stairworks Ltd in writing to the customer. If Stairworks Ltd has not provided a written quote, then standard charges will apply.

The price may be varied at Stairworks Ltd sole discretion if:

1. A variation to the goods or services quoted is requested by the Customer; or

2. 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, obscured defects, prerequisite work by any third party not being completed, change of design, inaccurate measurements provided by the Customer) which are only discovered on commencement of the services.

Stairworks Ltd may withdraw a quote for the provision of goods and services at any time before it is accepted by the customer.

The quote is valid for 30 days. Upon acceptance of the quote via reply email, we require the following:

An initial invoice will be forwarded to enable Stairworks Ltd to commence work and order materials for the project. Please note, no products will be ordered without this deposit. In the event of cancellation of the order by the Customer, this deposit will be retained.

Further invoices will be issued periodically upon completing stages of fabrication and require payment before work moves to the next stage.

The final invoice will be issued for the remaining amount of the project, and 10% of the value can be retained by the customer until the job has been signed off as satisfactory.

Where measured shop drawings are created and sent to you or your builder for approval, any changes or corrections should be made at this point to prevent additional costs going forward.

Payment

Payment may be made by cash, electronic banking, or by any other method as agreed to between the Customer and Stairworks Ltd.

• 50% deposit

• 40% prior to installation

• 10% on completion

All amounts outstanding after the due date may be subject to a late payment interest charge of up to 2.5% per month, compounding. Stairworks may also recover from the Customer all legal and debt collection costs, including legal costs on a solicitor/client basis, incurred by Stairworks Ltd in enforcing or attempting to enforce its rights under these terms of trade.

Obligations

Stairworks Ltd will:

1. Provide the goods and services in a timely and efficient manner; and

2. Not be liable for any delay or non-performance in providing the goods or services if the delay or non-performance is attributable, either directly or indirectly, to circumstances beyond the control of Stairworks Ltd.

The Customer will pay all amounts due and payable to Stairworks Ltd.

If the Customer has any claim in respect of defects, damage, failure to comply with a description or quote, or short supply, the claim must be made to Stairworks Ltd in writing within 7 days of the date of delivery or installation.

Ownership and Risk

Where Stairworks Ltd supplies any goods to the Customer, ownership does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the goods or otherwise.

Until Stairworks Ltd has received full payment, Stairworks Ltd may register a financing statement pursuant to the provisions of the Personal Property Securities Act 1999 to secure payment in relation to the goods.

In relation to work that Stairworks Ltd performs for the Customer, the Customer will acquire ownership of the product of that work in its tangible form, including any correspondence, reports, and any other documents prepared for the Customer’s use. The Customer is entitled to receive any such papers, provided the Customer has discharged all outstanding indebtedness to Stairworks Ltd.

Credit

Stairworks Ltd may impose credit limits, which may be varied from time to time. If the Customer exceeds the credit limit, then goods and services may be withheld until the Customer’s account is back within the credit limit.

Warranties and Total Exclusion of Liability

Except as required by law, Stairworks Ltd gives no express warranty in relation to any goods or services supplied to the Customer. The Customer acknowledges that it has not relied on any representation or warranty made on behalf of Stairworks Ltd.

Certain legislation may imply conditions and warranties into these terms of trade. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.

The Customer acknowledges that if it acquires goods and services for a business purpose, then the statutory guarantees and implied terms, covenants, and conditions contained in the Consumer Guarantees Act 1993 are excluded.

Termination

The Customer may give notice to Stairworks Ltd at any time that it no longer wishes to receive goods and/or services. If this occurs, the Customer must pay Stairworks Ltd fees for work done, and any other charges incurred, up until the date of termination.

Without prejudice to any of Stairworks Ltd other remedies, if any amount payable by the customer to Stairworks Ltd is overdue or the Customer becomes insolvent, commits an act of bankruptcy, enters into or is likely to enter into any arrangement with its creditors, or in the case a resolution is passed or proceedings commenced for the liquidation or voluntary administration of the Customer or a receiver is appointed in respect of the Customer’s assets, then:

1. Stairworks Ltd may cancel any outstanding order or arrangement with the Customer; and

2. Any monies payable by the Customer to Stairworks Ltd, whether due for payment or not, will become immediately due and payable.

Notices

All notices or other communications to be given under these terms of trade will be given at the recipient’s last known email or address.

General

No waiver of any breach of or failure to enforce any provision of these terms of trade at any time by any party in any way affects, limits, or waives the right of such party thereafter to enforce compliance with these terms of trade.

These terms of trade record the entire agreement between parties and prevail over any earlier agreement, written or oral, which are of no further effect.

No amendment to these terms of trade is enforceable unless it is in writing and signed by the parties.

Each party will promptly do everything reasonably required to give effect to these terms of trade.

If any part of these terms of trade is held invalid or unenforceable by any judicial or other competent authority but would be valid or enforceable if some part of the provision were modified or deleted, the provision in question will apply with the minimum modification or deletion necessary to make it valid and enforceable, and the other provisions in these terms of trade will be unimpaired and will remain in full force and effect.

The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and this agreement creates binding and valid legal obligations on it.

Definitions

“Stairworks Ltd”: means Stairworks Ltd, its successors and assigns, or any person acting on behalf of and with the authority of Stairworks Ltd.
“Customer”: means the person(s) buying the goods as specified in any invoice, document, or order, and if there is more than one Customer, is a reference to each Customer jointly and severally.

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