STEELA TERMS AND CONDITIONS OF SUPPLY
1. Application
1.1 These Terms and Conditions apply to all quotations, orders, sales and supply of goods and services by Molf Industries Pty Ltd trading as “Steela” ABN 71 650 209 386 (“Steela”).
1.2 By accepting a quotation, placing an order or making payment, the customer agrees to these Terms.
1.3 These Terms prevail over any inconsistent terms proposed by the customer unless agreed in writing by Steela.
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2. Quotations
2.1 Quotations are valid for 30 days unless otherwise stated.
2.2 Quotations are based on information supplied by the customer including drawings, measurements and specifications.
2.3 If the information provided changes, Steela may revise pricing, specifications or timelines.
2.4 Quotations are subject to engineering review, manufacturing constraints and site verification.
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3. Orders
3.1 An order is accepted only when Steela:
- confirms the order in writing; and
- receives the required payment.
3.2 Once accepted, orders cannot be cancelled without Steela’s written consent. All deposits will be forfeited if an order is cancelled.
3.3 If an order is cancelled after production has commenced, the customer must pay all costs incurred including materials, manufacturing and administration.
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4. Payment Terms
4.1 Direct Debit Requirement
As a condition of accepting any order, the customer must establish a direct debit payment arrangement via Xero. Steela will not commence production or installation until the direct debit arrangement is active.
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4.2 Contracts with a Value Below $10,000 (ex GST)
Where the total contract value for the supply of goods and any installation services is less than $10,000 (excluding GST):
a) 100% of the price for the goods must be paid in full before Steela places any manufacturing order, commences fabrication, or procures materials; and
b) 100% of the price for any installation services must be paid prior to the scheduled installation date.
Steela is under no obligation to commence manufacture, order goods, schedule installation, or supply any products or services until full cleared payment has been received.
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4.3 Contracts Between $10,001 and $50,999 (ex GST)
Where the price of the goods is between $10,001 and $50,999 (excluding GST), payment for the goods will be required as follows:
a) 50% deposit payable upon acceptance of the quotation or execution of the contract, prior to fabrication or manufacture commencing; and
b) 50% balance payable prior to shipment or dispatch of the goods from the manufacturing facility.
Installation services, where applicable, will be charged and payable in accordance with clause 4.6.
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4.4 Contracts with a Value of $51,000 (ex GST) or more
Where the total contract value exceeds $51,000 (excluding GST), payment for goods will be required as follows:
a) 60% deposit payable upon acceptance of the quotation or execution of the contract, prior to fabrication or manufacture commencing; and
b) 40% balance payable prior to shipment or dispatch of the goods from the manufacturing warehouse.
Installation services, where applicable, will be charged and payable in accordance with clause 4.6.
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4.5 Credit Assessment for Corporate Customers
For contracts within the value range specified in clause 4.3, Steela may conduct a credit assessment or credit check in relation to any new corporate entity customer prior to accepting the order or commencing manufacture.
Steela may, acting reasonably and at its discretion:
a) require additional information regarding the customer’s financial standing;
b) require a director guarantee or other security; or
c) require amended or more stringent payment terms,
where the results of the credit assessment indicate elevated credit risk.
Steela may decline to proceed with the order or suspend performance until any requested security or revised payment arrangements are agreed.
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4.6 Installation Services Payment Milestones
Except where clause 4.2 applies, where installation services are carried out by a subcontractor engaged by Steela, the following payment milestones apply:
- 70% of the installation price is payable upfront prior to production commencing or installation being scheduled.
- 25% is payable upon Substantial Completion of the main installation works.
- 5% is payable following rectification of any Minor Defects identified after Substantial Completion.
For the purposes of this clause:
- ‘Substantial Completion’ means the stage at which the primary installation of the products supplied by Steela has been completed such that the windows, doors or frames are installed in the relevant openings, fixed and secured in position, and capable of their intended use, notwithstanding the existence of Minor Defects or outstanding finishing items. Substantial Completion will be taken to have occurred even if other building works, finishing works, or works by other contractors at the site remain incomplete, provided the installation works performed by or on behalf of Steela have been substantially completed.
- ‘Main installation works’ means the positioning, fixing and securing of the windows, doors, frames or other products supplied by Steela within the relevant structural openings at the installation site.
- ‘Minor Defects’ means minor, cosmetic or non-structural issues that do not materially affect the structural integrity, weatherproofing, safety, or normal operation of the installed products. Minor Defects may include minor adjustments, alignment corrections, sealing, touch-ups, or other finishing items that can be rectified without removing or replacing the installed products. The existence of Minor Defects does not prevent the installation works from being considered Substantially Complete for the purpose of triggering the 25% payment milestone.
If any payment required under these terms is not made when due, Steela may suspend production, delivery, or installation services immediately and without liability until payment is received in full. Any costs incurred as a result of suspension, delay, rescheduling, storage, or remobilisation may be charged to the customer.
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4.7 Variations
Where the scope of installation services changes after an order is accepted and the change constitutes a variation, Steela will not perform variation work unless:
- a written variation agreement is signed; and
- the variation is paid upfront.
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4.8 Early Payment Trigger
If goods have been manufactured but delivery or installation is delayed for reasons outside Steela’s control, Steela may invoice the full outstanding balance, payable prior to delivery.
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4.9 Suspension for Non-Payment
If payment remains unpaid five (5) business days after written notice, Steela may to the maximum extent permitted by law:
- suspend manufacturing
- suspend installation works
- remove installers from site; and/or
- withhold delivery of goods.
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4.10 Interest and Recovery Costs
Interest may be charged on overdue payments at a rate of 10% per annum, calculated on a daily basis and charged weekly, from the due date until the date the overdue amount is paid in full.
Interest will accrue on the outstanding balance of the overdue amount, including any previously accrued but unpaid interest where permitted by law.
The customer must also pay all reasonable legal, recovery and debt collection costs incurred by Steela in recovering overdue amounts.
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4.11 Release of Goods
Steela is not required to release, ship, dispatch, or make goods available for delivery until the full purchase price of the goods has been received in cleared funds, regardless of any delivery date, installation schedule, or project timeline.
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5. Production and Delivery Timeframes
5.1 Production and delivery timeframes are estimates only.
5.2 Steela does not guarantee completion or delivery dates.
5.3 To the maximum extent permitted by law, Steela is not liable for delays caused by:
- supply chain disruptions
- subcontractors
- transport providers
- builders or contractors
- weather conditions; or
- site readiness issues.
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6. Delivery
6.1 Delivery occurs when goods are delivered to the nominated site or collected by the customer.
6.2 Risk in the goods passes to the customer upon delivery, even if ownership has not yet passed.
6.3 Delivery Access and Receiving Goods
The customer must ensure safe and suitable access for delivery, including adequate space, lifting equipment and personnel where required.
Unless otherwise agreed in writing, the customer or the customer’s builder or authorised representative must be present at the time of delivery to receive the goods, supervise unloading and sign the delivery documentation.
The customer is responsible for:
- unloading goods from the delivery vehicle (unless otherwise agreed);
- checking quantities and visible damage at the time of delivery;
- signing delivery documentation; and
- ensuring goods are stored safely and appropriately on site following delivery.
Steela is not responsible for damage, loss or deterioration of goods after delivery, including where goods are stored on site prior to installation.
Once goods have been delivered, the customer is responsible for ensuring the goods are stored in a safe, dry and suitable environment and protected from damage, weather exposure, site activities and other trades.
6.4 The customer must inspect the goods within five (5) business days of delivery or completion of installation (whichever occurs first). The customer must notify Steela in writing of any alleged defects within this period. If the customer fails to notify Steela within this time, the goods and installation work will be deemed to have been accepted.
6.5 Delivery Supervision by Steela
If the customer or the customer’s builder does not wish to receive or manage delivery of the goods, Steela may, subject to availability, attend site to manage delivery, unloading and coordination.
Where Steela attends site for this purpose:
- the service will be charged at $2,000 per day (plus GST) or such other rate as agreed in writing; and
- the customer remains responsible for providing suitable site access and any required lifting equipment.
This service must be agreed in writing prior to delivery.
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7. Storage and Delivery Delays
If goods are ready for delivery but delivery cannot occur due to site readiness issues or contractor delays, Steela may:
- store goods at the customer’s cost
- charge storage fees; and/or
- charge re-delivery or handling costs.
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8. Installation Services
8.1 Installation may be performed by:
- Steela personnel; or
- subcontractors engaged by Steela.
8.2 Installation scheduling is subject to:
- site readiness
- weather conditions
- installer availability
- coordination with other trades.
8.3 Steela may refuse to commence installation where the site is unsafe or not ready.
8.4 If installation cannot proceed at the scheduled time due to site conditions, delays caused by other trades, or the site not being ready for installation, Steela may reschedule the installation and charge the customer for any additional costs reasonably incurred, including costs associated with delay, rescheduling, remobilisation, storage, or additional labour.
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9. Contractors Engaged by the Customer
9.1 The customer may engage builders, installers or other contractors.
9.2 Contractors engaged directly by the customer act independently of Steela.
9.3 To the maximum extent permitted by law, Steela is not responsible for loss, damage, defects or delays arising from work performed by contractors engaged by the customer, including where such work affects Steela products.
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10. Builder and Contractor Coordination
The customer is responsible for coordinating builders, architects, contractors and other trades.
Steela is not responsible for supervising or managing contractors engaged by the customer.
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11. Site Readiness
The customer warrants that the installation site will be:
- structurally suitable
- level and square
- weatherproof
- safe and accessible.
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12. Remobilisation Costs
If installation is delayed due to site readiness issues or builder delays, Steela may reschedule installation and charge reasonable remobilisation costs.
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13. Inspection and Defects
The customer should inspect goods promptly after delivery or installation.
Visible defects should be notified to Steela within 5 business days.
Minor defects do not entitle the customer to withhold payment except for the 5% defect retention amount.
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14. Post-Installation Damage
Once installation is completed, Steela is not responsible for damage caused by:
- builders
- painters
- plasterers
- tilers
- landscapers
- cleaners
- other trades.
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15. Measurement Tolerances
Steel windows and doors are custom fabricated and subject to manufacturing tolerances.
Dimensional tolerances of ±3mm apply unless otherwise agreed.
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16. Building Movement
Steela is not liable for defects caused by building settlement or structural movement.
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17. Powder Coating and Finish Variations
Minor colour or texture variations in finishes may occur and do not constitute defects.
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18. Corrosion and Environmental Exposure
Products installed in coastal or corrosive environments require ongoing maintenance.
Steela is not responsible for corrosion caused by environmental exposure or lack of maintenance.
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19. Glass
Glass components are supplied subject to manufacturer warranties.
Steela passes through applicable manufacturer warranties but does not provide additional warranties for glass.
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20. Warranty
20.1 Steela warrants that the goods supplied will be free from defects in materials and workmanship for a period of two (2) years from the date of delivery or installation (whichever occurs first).
20.2 During the warranty period, Steela will, at its option:
- repair the defective goods;
- replace the defective goods; or
- supply equivalent goods.
20.3 The warranty applies only where:
- the goods have been installed, used and maintained in accordance with any instructions provided by Steela;
- the defect arises from manufacturing or workmanship; and
- Steela is notified in writing of the defect within the warranty period.
20.4 This warranty does not cover defects, damage or deterioration caused by:
- normal wear and tear;
- corrosion due to environmental exposure including coastal or corrosive environments;
- lack of maintenance;
- misuse, neglect or improper use;
- structural movement, building settlement or movement of surrounding structures;
- work carried out by builders, contractors or third parties after installation;
- modifications, repairs or alterations not carried out by Steela;
- glass breakage or damage.
20.5 To the maximum extent permitted by law, the warranty does not cover:
- removal or reinstallation costs where goods are incorporated into a building structure;
- damage to surrounding structures, finishes or materials;
- repainting, plastering or other building works.
20.6 This warranty is in addition to any rights or guarantees under the Australian Consumer Law which cannot be excluded.
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21. Design Responsibility
21.1 Where drawings, measurements or specifications are supplied by architects, builders or the customer, Steela is not responsible for errors, omissions or inaccuracies in those documents.
21.2 Where Steela supplies shop drawings for goods that will be installed by a person other than Steela or a subcontractor engaged by Steela, the customer warrants that:
- the shop drawings will be reviewed and approved by a licensed builder or appropriately qualified building professional prior to manufacture; and
- the builder or professional approving the drawings is responsible for confirming that the design, dimensions and specifications are suitable for the relevant building structure and installation conditions.
21.3 Steela is not responsible for defects, installation issues, or non-compliance with building requirements arising from:
- shop drawings that have not been reviewed or approved by a licensed builder; or
- installation performed by third parties.
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22. Intellectual Property
All drawings, designs, specifications and technical documents prepared by Steela remain the intellectual property of Steela and may not be used or reproduced without permission.
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23. Marketing and Photography
Steela may photograph projects and use images for marketing or promotional purposes unless the customer requests otherwise.
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24. Limitation of Liability
Nothing in these Terms excludes rights under the Australian Consumer Law.
To the maximum extent permitted by law:
- Steela is not liable for consequential or indirect loss
- Steela is not liable for project delay costs
- Steela is not liable for builder penalties or liquidated damages.
- Steela’s liability is limited to the amount paid for the relevant goods or services.
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25. Insolvency
If the customer becomes insolvent, enters administration, liquidation or bankruptcy, Steela may suspend work, cancel orders and recover goods supplied.
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26. Retention of Title
Ownership of goods remains with Steela until full payment has been received.
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27. PPSA Security Interest
These Terms create a security interest in favour of Steela under the Personal Property Securities Act 2009.
Steela may register this interest on the Personal Property Securities Register.
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28. Recovery of Goods
If payment remains overdue, the customer grants Steela permission, where lawful and with reasonable notice, to enter premises or project sites to recover unpaid goods.
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29. Customer Instructions and Communications
Steela will only liaise with and accept instructions, approvals, or directions from the customer identified on the invoice or order confirmation, or from a person expressly authorised by that customer in writing.
Steela is not required to accept instructions or directions from builders, contractors, architects, designers, project managers, or other third parties unless they have been formally authorised by the customer in writing.
Steela will not be responsible for any delays, errors, additional costs, or variations arising from instructions or directions provided by persons who are not authorised in accordance with this clause.
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30. Rubbish Removal
Unless expressly stated otherwise in a quotation or written agreement, all quotations exclude rubbish removal.
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31. Force Majeure
Steela is not liable for delays caused by events outside its reasonable control.
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32. Governing Law and Forum
These Terms are governed by the laws of the State of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts.
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33. Dispute Resolution
33.1 If a dispute arises in connection with these Terms or the supply of goods or services, a party must give written notice describing the dispute.
33.2 Within 7 days of the notice, the parties must attempt to resolve the dispute through good faith negotiations.
33.3 If the dispute is not resolved within 14 days of the notice, either party may refer the dispute to mediation.
33.4 The mediation will be conducted in the State or Territory where Steela’s principal place of business is located, unless otherwise agreed.
33.5 If the parties cannot agree on a mediator within 5 business days, the mediator will be appointed by the President of the Law Society of that State or Territory.
33.6 Each party must bear its own costs of mediation and share the mediator’s costs equally.
33.7 The parties must continue to perform their obligations under these Terms while the dispute is being resolved.
33.8 The customer must pay all undisputed amounts when due despite the existence of a dispute.
33.9 Nothing in this clause prevents Steela from:
- recovering overdue amounts or enforcing payment obligations
- exercising rights under the PPSA
- seeking urgent injunctive relief.
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34. Entire Agreement
These Terms constitute the entire agreement between the parties in relation to the supply of goods and services and supersede all prior discussions, negotiations or agreements.
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35. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
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36. Waiver
A failure or delay by Steela to exercise a right under these Terms does not constitute a waiver of that right.
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37. Amendments
Steela may amend these Terms from time to time. The terms in force at the time an order is accepted will apply to that order unless otherwise agreed in writing.
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38. Security of Payment Legislation
Steela may issue payment claims and exercise rights under any applicable security of payment legislation in the state or territory where the work or supply occurs, and nothing in these Terms limits those rights.
Version current as at 2 March 2026
