STEELA TERMS AND CONDITIONS OF SALE


Welcome to Steela!

In these Terms, we also refer to Molf Industries Pty Ltd trading as “Steela” ABN 71 650 209 386 as “we”, “us”, or “our And you are you!

What are these Terms about?

These Terms apply when you purchase our doors, windows, door hardware and other products (Products).

If you’re looking for our Website Terms of Use or our Privacy Policy, which you also agree to be bound by, you can find them on steela.com.au. Our Privacy Policy is also below for your reference. Please let us know if you have any questions about these Terms, and don’t purchase any Products unless you have read and agree to these Terms.

1. SUBMITTING AN ORDER

  • An order for Products is placed upon payment of the Deposit stipulated in an invoice for the Products issued by Steela (Order). By submitting an order to purchase Products, you represent and warrant that;
  • You have the legal capacity and are of sufficient age to enter into a binding contract with us;
  • You are authorized to use any bank account, or debit or credit card you provide with your Order;
  • Any information provided by you in connection with an Order is accurate and complete; and
  • Where Steela does not provide Installation Services, the Shop Drawings Terms have been signed off by a licensed builder as suitable for its intended purpose and for your building and/or construction activities at the site where the Products are being installed (Project);
  • Where Steela provides Installation Services the Shop Drawings have been signed off by you.
  • If you submit an Order on behalf of a company, your employer, an organization, government or other legal entity (Represented Entity), you warrant that you have the necessary authority from that company or organization to do so, and “you” means the Represented Entity and you are binding the Represented Entity to this agreement.
  • Submitting an Order constitutes your intention and offer to enter into these Terms and our Website Terms and Conditions, which can be found on com.au (and which you agreed to by using this Website).
  • These Terms are not agreed between you and us until you pay the Deposit for the Order.

2. YOUR OBLIGATIONS

PROVIDE INFORMATION AND LIAISON

  • You must provide us with all documentation, information and assistance reasonably required by us to fulfil an Order.
  • You must liaise with us as reasonably requested for the purpose of enabling us to fulfil an Order,

COMPLIANCE WITH LAWS

You warrant that you will not, by submitting or receiving an Order:

  • breach any applicable laws, rules, regulations, standards, codes and ordinances (including any applicable construction, building and privacy laws, codes and standards) (Laws);
  • do anything which may cause us to breach any Law;
  • breach the direction of any government department or authority; or
  • infringe the Intellectual Property Rights (defined in clause 10(a)) or other rights of any third party or breach any duty of confidentiality.

3. PRODUCTS

  • PRODUCT BUILDER
  • Our Products, including doors and windows, are custom architectural one-off windows (as defined in AS 2047-2014), made to your required specifications.
  • The “Product Builder” and “Shop Styles:” functions on the Website (Product Builder) generate images that may give an indication of how your final Product may appear. You acknowledge and agree that any images, drawings, layouts or sketches generated by the Product Builder function, displayed on our Website or as otherwise provided to you (Images) are for illustration purposes only, not to scale and may not exactly match the Images. Sizes, colours and styles may differ slightly in real life for various reasons, including due to the indicative nature of the Product Builder images, your screen display, colour and brightness, and image quality. The Shop Drawings (not the Images) are what will determine the final Product supplied by us. Shop Drawings are defined in clause 3.2 of these Terms.
  • SHOP DRAWINGS
  • After you have paid the Deposit, we will supply you with shop drawings based on the specifications supplied by you. Shop drawings are technical drawings that show how the Product supplied will be fabricated and operate (Shop Drawings).
  • We will supply the Products in accordance with the Shop Drawings approved in accordance with clause 1 of these Terms.
  • Where Steela is not providing the Installation Services, by submitting an Order for a Product, you warrant that a licensed builder has approved your Shop Drawings as suitable for your Project and compliant with all Laws applicable for the Product’s use in your Project. We may request evidence of such approval from you at any time, including before or after you submit your Order, and you must promptly provide such evidence on receiving our request. If we are not satisfied with your evidence, acting reasonably, we may cancel your Order and you will not be entitled to a refund of any amount paid, to the maximum extent permitted by applicable law.

3.3               VARIANCE

                    We will use reasonable commercial efforts to ensure that the Products meet the Specifications, however you acknowledge and agree that:

  • There may be a minor variance in the dimensions for Products due to manufacturing factors beyond our control;
  • a variance of +/- 4mm is an acceptable variance for Products; and
  • if the dimensions of the Custom Product Custom Order are within this tolerance, we will not replace the Product and you will not be entitled to reject the Order.
    • TITLE AND RISK

Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

3.5                   INSTALLATION SERVICES

                        (a)            Where we provide installation services of the Products (Installation Services) to you directly or through a subcontractor engaged directly by us (Steela Installers) we accept responsibility for the Installation Services.

                        (b)            To the fullest extent permitted by law, we exclude all liability where Products are installed by non-Steela Installers.

 

4. PAYMENT

PRICES

  • Unless otherwise stated in writing, all prices, including prices generated through the Product Builder function, are:
  • per unit (except where indicated);
  • in Australian Dollars; and
  • unless otherwise stated in the invoice for the Products, exclusive of delivery and installation costs.

ESTIMATED DELIVERY FEE

  • Unless delivery are stated in the invoice for the Products, estimated delivery fees communicated to you are an estimate only and subject to change. We will confirm the final delivery fee and the outstanding balance on the Order when the Order is ready to be dispatched.

ESTIMATED LEAD TIMES

  • We will use reasonable endeavors to ensure Products are supplied to you within the estimated lead times. Estimated lead times commence once we have received payment of the Deposit (defined below) and the Shop Drawings have been approved in accordance with clause 1 of these Terms. We will not be liable for any direct or indirect loss or damage caused by the late delivery of Products.

PAYMENT OBLIGATIONS

  1. Unless otherwise specified in writing, the following deposits will be required prior to the commencement of shop drawings and manufacturing: (i) for invoices where the total comes to more than AUD $10,000 (excluding GST), you are required to pay a deposit of 50% of the invoiced amount (Deposit); (ii) for invoices where the total comes to $10,000 or less (excluding GST) you are required to make upfront payment in full of the entire invoiced amount.
  2. The Deposit is non-refundable (subject to clause 7.2) and cannot be exchanged for credit.
  3. Once your Order is prepared and ready for shipping from our warehouse, we will issue a final invoice for the delivery fees applicable (if not already stated in the original invoice) and the outstanding balance for the Order.
  4. You must pay the outstanding balance on the Order by the time specified in such invoice. In all other circumstances, you must pay for all Products prior to us dispatching the Products for delivery. We may withhold shipment of your Products until the final invoice is paid in full.

GST

  • Unless otherwise indicated, amounts stated on the Website or an Order Form (as the case may be) do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

CARD SURCHARGES

  • We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

ONLINE PAYMENT PARTNER

  • We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the Terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider, We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

5. DELIVERY AND SHIPPING

DELIVERY DETAILS

  • Where the invoice for an Order is inclusive of delivery, we will deliver to the last delivery address stipulated by you in writing and approved by us. Unless otherwise stated in the invoice for the Products, we do not remove or dispose of packing materials and other rubbish associated with the delivery of your Products.

NOTICE OF DELIVERY

  • We will communicate an estimated date for delivery for your Order within a reasonable time of receiving such notice from our third party carrier. Our carrier will then communicate an estimated delivery time to you on the date of delivery. Your Products must be delivered within 7 days from the date we advise the Products are ready for delivery. A storage fee of $50 per day will be charged for Products held after this time. There will be a 14-day delay on delivery of your Products if you would like to inspect them prior to delivery to your site, given the Products will need to be moved to a holding facility.

ACCEPTANCE OF DELIVERY

  • You must ensure you are available to receive delivery of the Products on the delivery date. We may require you to sign for delivery or otherwise indicate acceptance of the Products. It is your responsibility to make sure you are available for delivery or otherwise pick up the Product. If no one is at the delivery address to accept delivery, we will charge you another delivery fee for reattempting delivery. We cannot guarantee the time frame our third party transportation provider will be able to reattempt delivery. You will also be charged storage costs of $50 per day until delivery can be reattempted. You are responsible for ensuring you provide us with the correct delivery address.

DELIVERY ISSUES

  • Third party courier terms apply to the delivery of the Products to you. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal, shipping, port and industrial delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with deliveries by third parties including late deliveries.

6. CHANGES TO YOUR ORDER

CANCELLATION BY US

  • We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been made, the amount paid will be credited back to your original method of payment.

CANCELLATION BY YOU

  • Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refund process in clause 7 may apply. CHANGES
  • We generally cannot accept changes to the Products (Changes).
  • If your Order has not yet moved into the processing stage and we elect, in our absolute discretion, to accept a request for Changes, we may:
  • charge you a ‘change in scope’ fee, being an amount determined by us for the Changes (Change Fee); and/or
  • at our option, adjust an existing Order or issue a new Order setting out the Changes and any variation to the Fees.
  • We do not guarantee that any change will be made. You acknowledge and agree that you are responsible for ensuring the accuracy of your Order any Specifications your provide.
  • For the avoidance of doubt, these Terms will apply to the Changes and any adjusted or new Order.

7. REFUNDS

CHANGE OF MIND

  • Given the bespoke nature of the Products, we do not offer change of mind refunds, returns or exchanges.

DEFECTIVE PRODUCTS

  • We may offer you a refund where we determine that your Product is defective. The following process applies to any Product you believe to be defective:
  • If you believe your Product is defective, please contact us using the details provided on our Website with a full description of the fault (including images and videos). We reserve the right to attend, or appoint a third party to attend, the site where the Product is located and conduct an in-person inspection of the Product before deeming a Product defective.
  • You agree to make such site and Product available for such inspection at any reasonable times on reasonable notice.
  • If we determine that the Product is defective or is defective due to fair wear and tear: misuse, failure to use in accordance with the manufacturer’s instructions, failure to take reasonable care or failure occurring due to poor or improper installation or glazing, including due to engaging an unlicensed or builder or glazier to install the Product, we will refuse your request for a refund and charge you our costs and expenses relating to such inspection.
  • If we determine that the Product is defective, then depending on the nature of the defect, we will either repair the Product, replace the Product or credit you the full amount paid, including delivery fees (if applicable) and you may request a refund. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
  • If you fail to comply with the provisions of this clause 7.2 in respect of a defective Product, we may in our absolute discretion, issue only a partial refund or no refund in respect of the defective Product.
  • Nothing in this clause 1 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

OTHER RETURNS

  • We will provide a full refund of the price paid for a Product if we determine that:
  • a Product provided to you was not substantially the same as the Product you ordered, subject to reasonable variation in accordance with clause 3.3.
  • If you comply with the provisions of clause 7 and a refund is provided, the full amount of the fees paid for the Product, including delivery fees {if applicable) will be credited back to your original method of payment unless you request otherwise and we approve this request.

8. LIMITED WARRANTY

  • Nothing in this clause 8 is intended to limit or otherwise affect clause 13.
  • We warrant that the Products have been manufactured in a proper and workmanlike manner, and materially in accordance with the

Specifications and Shop Drawings, subject to reasonable variations in accordance with clause 3.3. We undertake at our discretion to

repair or replace any defects in the Products proven to be due to defective materials for a period of 3 years from delivery of the Product.

  • If you are unhappy with your Product or if there are any problems with your Product, please contact us at aftersales@steela.com.au.

9. INTELLECTUAL PROPERTY

  • We retain all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.
  • In this clause, “intellectual property rights means all copyright trade mark, design, patent semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms both in Australia and throughout the world.

10. PUBLISHING MEDIA ONLINE AND ON SOCIAL MEDIA

You may publish images or videos of the Products online or on social media (or both). If you publish images or videos of the Photos, we ask that you provide accreditation to “Steela” by watermark, reference, tagging or hashtag, We reserve the right to require you to remove any images or videos that include the Products or despite this clause 10, remove any accreditation to us.

11. REVIEWS

  • We may allow you to provide feedback to us regarding our Products and our service (Review) on the Website.
  • You agree:
  • to ensure that any Review is a true and fair reflection of your opinion regarding a Product; and
  • that you will not submit a Review that may be deemed rude, offensive, unlawful and otherwise inappropriate.
  • You acknowledge that we may copy, publish, distribute, translate and otherwise use any Review on the Website and any of our social media platforms.
  • We reserve the right to remove or delete any Review if we determine, in our sole discretion, that a Review is not in compliance with this clause 11.

12. THIRD PARTY SUPPLIERS

  • We may do any of the following:
  • outsource any part of performing any services related to providing the Products, including delivery and installation of your Products; or
  • procure materials and Products from third party suppliers,

without further notice to or permission from you.

  • Except where we provide Installation Services through third-party Steela Installers, to the maximum extent permitted under applicable law and except where otherwise stated in these Terms, we will not be liable for any acts or omissions of third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

13. LIABILITY

  • To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to these Terms or any Products or services provided by us, is limited to the total fees paid to us by you in the 6 months preceding the first event giving rise to the relevant liability, including loss or damage referred to at clause 3.5(a).
  • We expressly exclude all liability arising out of or relating to:
  • installation and glazing services (if any) not performed by Steela Installers;
  • loss or damage to the Product not directly caused by us or Steela Installers. For example, loss and damage by a transportation carrier of your Products; and
  • delays in the supply of the Product later than the estimated time frames or lead times, including for delays in our supply chain, however we will use reasonable endeavours to keep you informed of such delays.
  • Claims for loss of or damage to Products in transit must be made against the carrier.
  • We may hold product liability insurance in our absolute discretion. If we elect not to hold product liability insurance, products sold by us will have only the benefit of insurance held by the manufacturer.
  • We provide a limited warranty in accordance with clause 8. All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
  • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 20/0 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
  • (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss: damage or injury which is or may be suffered by any person arising from your or your representatives’:
  • breach of any of these Terms:
  • use of the Website; or
  • use of any goods or services provided by us.
  • (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any Products or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

14. FORCE MAJEURE

  • We will not be liable for any delay or failure to perform our obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
  • If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
  • reasonable details of the Force Majeure Event; and

(ii)                   so far as is known, the probable extent to which we will be unable to perform or be delayed in performing its obligations

under this agreement.

  • Subject to compliance with clause 14(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
  • For the purposes of this agreement, a Force Majeure Event’ means any:
  • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
  • strikes or other Industrial action outside of our control; or
  • war, terrorism, sabotage(blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
  • any decision of a government authority in relation to COVID-19 or other similar outbreak, or any threat of COVID-19 or other similar outbreak beyond our reasonable control, to the extent it affects our ability to perform our obligations.

15. DISPUTE RESOLUTION

  • A party claiming that a dispute has arisen under or in connection with these Terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
  • A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
  • Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith.
  • If the dispute is not resolved within a period of 14 days after the date of the notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation by the Australian Disputes Centre (the ADC) in accordance with the ADC Guidelines for

Commercial Mediation operating at the time the matter is referred to the ADC (Guidelines). The Terms of the Guidelines are hereby deemed incorporated into these Terms.

  • If the dispute is not resolved within 28 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.

16. GENERAL

GOVERNING LAW AND JURISDICTION

  • This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

  • No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

  • Any term of these Terms which is wholly or partially void or unenforceable Is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

  • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

  • A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

COSTS

  • Except as otherwise provided in these Terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these Terms.

ENTIRE AGREEMENT

  • This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these Terms.

INTERPRETATION

17.8

  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (currency) a reference to $,or ‘‘dollar’, is to Australian currency;
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (defined Terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking byway of novation and, in the case of a trustee, includes any substituted or additional trustee;
  • (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
  • (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes1’ and similar words in any form is not a word of limitation; and
  • (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.

17. NOTICES

(a)                  A notice or other communication to a party under this agreement must be:

(i)                   in writing and in English; and

(ii)                   delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified

in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

  • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
  • when replied to by the other party,

whichever is earlier.

Scroll to Top