Declaration of Done - Terms and Conditions

 

1. GENERAL

(a) The Declarations apply to trade account customers only.

(b) Stramit reserves the right to alter or change the Declarations and these terms and conditions at any time, without prior notice.

(c) A reference to “working days” means any day other than a Saturday, Sunday or public holiday in the state or territory in Australia in which an order is placed.

(d) All notices to be provided by a customer to Stramit under these terms and conditions must be sent to the ordering Stramit branch by email or mail to the addresses listed in our contact locations.

 

2. ON-TIME DELIVERY DECLARATION

“We’ll deliver in full, on-time and to specification. If we get it wrong we’ll urgently fix your order at our cost, at a time agreed with you, and credit you 5% of the order confirmation value. Done.”

(a) This Declaration does not apply to the circumstances set out in paragraph (f) below.

(b) Delivery will be in accordance with Stramit’s order confirmation, or as otherwise agreed between Stramit and the customer.

(c) Delivery “in full”:

i. “In full” means that all of the products set out in the order confirmation are delivered to the customer on the delivery date specified in the order confirmation, unless otherwise agreed with the customer.

ii. Signed proof of delivery: If the customer (or the customer’s designate) has signed a proof of delivery, and determines, acting reasonably that there is missing product(s), then:

        A. subject to paragraph (B) below, the customer (or the customer’s designate) must notify Stramit of any missing product(s) on receipt of delivery. If Stramit, acting reasonably, determines that product(s) are missing and is able to remedy this by the end of the designated delivery day, then the product(s) will be deemed to have been delivered “in full”.

        B. for any deliveries marked on the order confirmation as “subject to check” (or other words to that effect), the customer must notify Stramit in writing of any missing product(s) within 2 working days of     delivery.

iii. No signed proof of delivery: If the Customer (or the customer’s designate) has not signed a proof of delivery, then the customer must notify Stramit in writing of any missing product(s) within 2 working days of delivery. This Declaration will only apply if Stramit, acting reasonably, determines that the product(s) were not delivered to the customer.

(d) Delivery “on-time”:

i. Subject to paragraph (c)(ii), an order will be deemed to have been delivered late and not on time if it is delivered on a different date to the date specified in Stramit’s order confirmation, unless an alternate date was previously agreed in writing with the customer.

ii. If the customer has requested a specific site time delivery (at an additional charge) and Stramit has agreed to such delivery time in the order confirmation, the order will be deemed to have been delivered late and not on time if it is delivered more than 30 minutes after the time specified in the order confirmation, unless an alternate date and/or time was previously agreed in writing with the customer.

(e) Delivery “to specification”

i. “to-specification” means that the product(s) are in accordance with Stramit’s specifications relating to the product(s) and as detailed within the order confirmation.

ii. The customer must notify Stramit in writing if any of the product(s) do not meet the specifications within 2 working days of receipt of the product(s).

(f) Rectification:

i. If Stramit fails to deliver the product(s) in full, on-time and/or to specification, Stramit will use reasonable endeavours to remedy the customer’s order as soon as reasonably practicable and at a time agreed with the customer (taking into consideration all supply constraints) by either, at Stramit’s election:

A. delivering the missing product(s) to the customer;

B. replacing any product(s) that do not meet the specifications with new product(s); or

C. rectifying any defect in the product(s) so that the product(s) meet the specifications.

ii. In remedying any customer order pursuant to paragraph (f)(i) above, Stramit will only be liable for the cost of delivering the missing product(s) or repairing or replacing the defective product(s) (as applicable) and any associated transport costs to the original delivery site.

(g) Exclusions: This Declaration will not apply in the following circumstances:

i. the customer (or its designate) is not available to sign the proof of delivery when the product(s) are delivered to the customer and Stramit, acting reasonably, determines that the product(s) were delivered in full, on-time and to specification;

ii. the ordered product(s) are non-standard product(s) or have non-standard lead-time, as determined by Stramit and notified by Stramit to the customer on the order confirmation;

iii. the customer’s order relates to non-standard product(s), as determined by Stramit and notified by Stramit to the customer at the time of the order confirmation;

iv. Stramit, acting reasonably, notifies the customer in the order confirmation, that the product(s) cannot be delivered in accordance with the standard lead times, due to any act, occurrence or event not within the control of Stramit, including without limitation, fire, flood, lightning, storm and tempest, strikes, lockouts or other industrial disputes, acts of war, riots, explosion, government restrictions, unavailability of equipment, unavailability of product(s) from suppliers or other causes which are not reasonably within the control Stramit (Force Majeure Event).

v. the delivery date and/or time is affected by a Force Majeure Event;

vi. the customer’s trade account is on hold at any time prior to delivery of the product(s); or

vii. the customer changes the delivery date and/or time after Stramit has provided the customer with an order confirmation in relation to the product(s).

(h) 5% Credit:

            i.  A 5% credit (including GST) will be applied to the customer’s trade account, based on the total purchase price set out in Stramit’s order confirmation containing the relevant product(s).

            ii. A limit of one 5% credit per order confirmation applies.

            iii. 5% credit claims will only be accepted if lodged in writing within 2 working days of delivery.

            iv. Any rebates or other applicable discounts will be deducted from the order confirmation value before calculation of the 5% credit.

            v. Credits are not transferable, exchangeable or redeemable for cash.

            vi. Stramit has the right to refuse to award the 5% credit in its reasonable discretion.

 

3. GREAT QUALITY PRODUCTS DECLARATION

“Great quality products every time, or we’ll replace them at no cost to you. Done.”

(a) The customer must notify Stramit in writing of any alleged defect in the product(s) within 2 working days of delivery of the product(s) to the customer.

(b) If Stramit determines that the product(s) are defective, and such defect was not caused or contributed to by the customer (or the customer’s employees, agents or contractors) Stramit will replace the product(s), at its cost (subject to paragraph (c) below).

(c) Stramit will only be liable for the cost of replacing the defective product(s) and delivering the replacement product(s) to the original delivery site.

 

4. BEST STOCK AVAILABILITY DECLARATION

“With the most popular items always in stock, we’ll have what you need, when you need it. Done.”

(a) “Most popular items” are determined by Stramit, in its sole discretion, taking into consideration customer orders at Stramit locations. Popular items may differ from location to location and are subject to change by Stramit without notice.

(b) ‘In stock’ means a minimum of one item is in stock at the branch.

 

5. PERSONAL SERVICE DECLARATION

“We’ll work with you, supporting you with personal service and an extensive technical team. Done.”

(a) Customers may request support from Stramit in relation to product(s) purchased from Stramit by contacting the Stramit branch from which the product(s) were purchased.

(b) Except to the extent required by law, Stramit makes no representations or warranties, express or implied, as to the accuracy, adequacy, reasonableness or completeness of information provided by Stramit, its employees, agents or contractors relating to the product(s), and a customer should make its own independent assessments and should not rely on such information.

 

6. RESPONSIVE SUPPORT DECLARATION

“If you call us and we can’t answer your query straight away, we’ll get back to you within 30 minutes. Done.”

(a) This Declaration only applies to telephone calls relating to Stramit product(s) which are made to, and answered by, a Stramit branch on working days during office hours. Refer to our contact locations for a list of Stramit branches and office hours.

 

7. SAME DAY ORDER DECLARATION

“Your order will be confirmed, error-free, on the working day we receive it, or we’ll credit you $50. Done.”

(a) This Declaration only applies to orders placed by telephone, email, fax or Stramit’s electronic data interchange and received by Stramit on a working day prior to the cut-off time for the relevant product(s) as specified in the Stramit Product and Service Guide for the State or Territory in which the order is placed. The Stramit Product and Service Guide for each State and Territory of Australia can be found at our contact locations.

(b) This Declaration only applies to standard product(s) as determined by Stramit, subject to the customer providing Stramit with all of the details required on the product order form to allow Stramit to issue the order confirmation to the customer.

(c) If Stramit determines that a product order submitted by a customer relates to non-standard product(s), Stramit will notify the customer of this on the same day the order has been placed, subject to the customer placing the order in accordance with paragraph (a).

(d)  If the date requested by the customer is not available, Stramit will issue an order confirmation for the next available delivery date to the specified address.

(e)  “Same Day” Declaration:

             i.  This Declaration does not apply to orders containing purlins, bridging and flooring. 

            ii.  This Declaration does not apply when Stramit, acting reasonably, notifies the customer after the order confirmation, that the product(s) were not able to be confirmed on the same day, due to any act, occurrence or event not within the control of Stramit, including without limitation, fire, flood, lightning, storm and tempest, utility failure, strikes, lockouts or other industrial disputes, acts of war, riots, explosion, government restrictions or other causes which are not reasonably within the control Stramit (Force Majeure Event).

(f)   “Error Free” Declaration:

             i.  An “error” in an order confirmation refers to incorrect quantity, length, colour, address, date, product or material which would result in a failure to deliver the requested product(s), and does not, for the avoidance of doubt, mean a typographical error which would not affect the delivery of the product(s) to the customer.

            ii.  The customer must notify Stramit in writing of any alleged error in the order confirmation prior to delivery of the product(s) to the customer.

(g) “Same Day” and “Error Free” credit claims will only be accepted if lodged in writing within 2 working days of delivery.

 

8. ACCURATE INVOICING DECLARATION

“Your invoice will be accurate, or we’ll credit you the difference within 5 working days. If we don’t, we’ll credit you $50. Done.”

(a) The customer must provide Stramit with written notice of any discrepancies between the invoiced price and the agreed price for the relevant product(s) (as agreed between Stramit and the customer on the order confirmation, Stramit’s standard pricing or any other agreement between Stramit and the customer), including evidence supporting the discrepancy, within 10 working days of receiving the relevant invoice.

(b) If Stramit, acting reasonably, determines that the invoiced price was not accurate, Stramit will credit the customer the difference between the invoiced price and the agreed price within 5 working days of receiving the customer’s notification under paragraph (a).

(c) If Stramit fails to provide the customer with any applicable credit in accordance with paragraph (b), Stramit will also provide the customer with a $50 credit (subject to the terms and conditions set out in clause 9 below).

 

9. $50 Credit under the Same Day Order Declaration and the Accurate Invoicing Declaration

(a) The $50 credit is inclusive of GST.

(b) A limit of one $50 credit per order applies.

(c) Credits will be applied to the customer’s trade account within 20 working days, provided all amounts payable on that account are settled in full in accordance with the payment terms.

(d) Credits are not transferable, exchangeable or redeemable for cash.

(e) Stramit has the right to refuse to award any $50 credit in its reasonable discretion.