Terms and Conditions of Sale

About these terms

These terms apply to every order you place with us through clicksteel.com.au, by phone, by email, or in person at our Richlands trade counter.

By placing an order you agree to these terms. If you do not agree, do not place an order.

Your rights under the Australian Consumer Law are not affected by anything in these terms. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits, excludes or modifies those guarantees or any other right you have under a law that cannot be excluded. Where a term of this contract would otherwise do so, it does not apply to that extent.

Some clauses below apply differently depending on whether you are a Consumer (see definitions) or a Trade Customer (a business buying for business purposes, whether on a credit account or not). Where a clause says it does not apply to Consumers, that limit is deliberate and it is there because the law requires it.

Contact us: support@clicksteel.com.au or 1300 271 908.

1. Definitions

ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Business Day means a day that is not a Saturday, Sunday or public holiday in Queensland.

Consumer has the meaning given in section 3 of the ACL. Broadly, you are a Consumer if the goods cost $100,000 or less, or if they are of a kind ordinarily acquired for personal, domestic or household use.

Custom Goods means goods cut, fabricated, powder coated, welded, drilled, mitred, made to measure or otherwise produced, altered or procured specifically for your order, including cut-to-length and made-to-order items.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means a request from you for the supply of goods, whether placed online, by phone, by email or in person.

PPSA means the Personal Property Securities Act 2009 (Cth).

Price means the price for the goods determined under clause 4.

Small Business Contract has the meaning given in section 23 of the ACL.

Trade Customer means a customer that is not a Consumer.

2. How a contract is formed online

2.1 Product listings on clicksteel.com.au are an invitation to treat, not an offer. Placing an item in your cart or completing checkout does not create a contract.

2.2 Your Order is an offer to buy. A contract is formed only when we send you a dispatch confirmation for the goods in that Order, or, for click and collect, when we notify you the goods are ready for collection.

2.3 An order confirmation or payment receipt sent immediately after checkout acknowledges that we received your Order. It is not acceptance of it.

2.4 We may decline an Order in whole or in part, including where:

• (a) the goods are out of stock or no longer available;
• (b) there is an error in the price or description of the goods (see clause 3);
• (c) we cannot deliver to your address, or delivery is not reasonably practicable;
• (d) we suspect the Order is fraudulent or the payment is not authorised; or
• (e) you owe us money that is overdue.

2.5 If we decline an Order after you have paid, we will refund the amount you paid for the declined items in full, to your original payment method, within 5 Business Days.

2.6 Where an Order is placed by phone or in person, our written record of the Order, sent to you by email, is taken to correctly record the Order unless you notify us of an error within 2 Business Days of receiving it, or before dispatch, whichever comes first.

3. Pricing and description errors

3.1 We take reasonable care with pricing, images, descriptions and specifications, but errors happen.

3.2 If we discover a material error in the price or description of goods you have ordered before we dispatch them, we will contact you and give you the choice of confirming the Order at the corrected price or cancelling it for a full refund. We will not dispatch goods at the corrected price without your agreement.

3.3 Product images, renders and colour swatches are indicative only. Variation in colour, finish, grain, mill markings and surface condition between batches, and between a screen and the physical product, is normal and is not a defect.

3.4 Weights, dimensions and quantities shown are nominal and are subject to the tolerances in the applicable Australian Standard for the product. Steel products may be supplied and invoiced within those standard tolerances.

4. Price, GST and surcharges

4.1 The Price is the price shown on clicksteel.com.au at the time we accept your Order, or the price in a valid written quotation, or the price agreed in writing.

4.2 Prices displayed to Consumers on our website are inclusive of GST. Prices quoted to Trade Customers may be shown exclusive of GST, in which case GST is payable in addition and will be shown on the tax invoice.

4.3 Prices exclude delivery unless stated otherwise. Delivery charges are calculated at checkout or quoted separately.

4.4 A card surcharge may apply. Any surcharge will not exceed our reasonable cost of accepting that payment method and will be disclosed to you before you complete payment.

4.5 We may change our published prices at any time. A price change does not affect an Order we have already accepted.

4.6 We may vary the Price of an accepted Order only where:

• (a) you change the Order, or the specification, quantity or delivery arrangements change at your request;
• (b) you supplied incorrect information that materially affects the cost of supply; or
• (c) a tax, duty, levy or government charge on the supply changes after we accepted the Order.

We will give you notice of any variation under this clause before we dispatch. If we increase the Price under this clause, you may cancel the affected part of the Order within 5 Business Days of that notice and receive a refund of amounts paid for it, less our reasonable costs actually incurred, and we will not charge those costs where the goods have not yet been produced or dispatched.

5. Quotations and estimates

5.1 A quotation is valid for 30 days unless it says otherwise, is exclusive of GST unless given to a Consumer, and may be withdrawn or varied in writing at any time before we accept an Order under it.

5.2 We may prepare estimates of quantities or dimensions from plans, measurements or other information you give us. Those estimates are indicative and are provided as a convenience. You are responsible for checking them and for the quantities and dimensions you actually order.

5.3 Clause 5.2 does not limit our liability to a Consumer or under a Small Business Contract where the estimate was prepared negligently by us or our staff.

5.4 If you need goods for a particular purpose, tell us that purpose in writing before you order. If you tell us the purpose and we accept the Order, and the purpose is within the ordinary intended use of the goods and within any limits in the product specification, the goods are supplied as fit for that purpose. If you do not tell us the purpose, you accept that you did not rely on our skill or judgement in choosing the goods.

6. Payment

6.1 Online and counter orders. Payment in full is required at the time you place your Order. We are not obliged to procure, produce or dispatch goods until payment has cleared.

6.2 Credit accounts, Trade Customers only. Where we have approved a credit account, invoices are due on the last Business Day of the month following the month of invoice, unless agreed otherwise in writing.

6.3 You must check invoices and tell us about any error or omission within 10 Business Days of receipt.

6.4 If a credit account payment is overdue, we may:

• (a) give you written notice requiring payment within 14 days;
• (b) suspend further supply on credit and place the account on hold; and
• (c) if payment is still not made after that notice, charge interest on the overdue amount at 3% above Westpac Banking Corporation’s business overdraft rate, accruing daily from the due date until paid.

6.5 If an amount remains overdue after the notice period in clause 6.4(a), you must reimburse our reasonable costs of recovery actually incurred, including debt collection fees and legal costs. We must be able to substantiate those costs on request.

6.6 We may apply payments received to the oldest outstanding invoice first, or as otherwise agreed with you in writing.

6.7 You may not withhold or set off payment for goods that have been supplied in accordance with the contract. This does not prevent you from exercising a right of set-off, refund or damages arising under the ACL or any other law that cannot be excluded, and does not apply to an amount that is genuinely in dispute where you have notified us of the dispute and the grounds for it.

7. Delivery

7.1 Delivery timeframes shown at checkout or quoted by us are estimates, not guarantees, because they depend on carriers, stock and site access. We will supply the goods within a reasonable time.

7.2 Risk in the goods passes to you:

• (a) for delivery to a Consumer, when the goods are delivered to the address you gave us, or to a person at that address; or
• (b) for a Trade Customer, on delivery to your address or your nominated carrier, or on collection.

7.3 Unloading. Unless we have agreed in writing to unload, unloading is your responsibility. You must have suitable and safe access for a rigid or semi-trailer vehicle, including crane truck access where the order requires it, and adequate labour or plant on site.

7.4 You must tell us before delivery of any site access restrictions, unusual terrain, or site safety or induction requirements.

7.5 If the driver reasonably assesses that site access is unsafe, or nobody is present to receive the goods, we may unload at the kerbside adjacent to the delivery address. Goods left at kerbside are at your risk from unloading.

7.6 Authority to leave. If you select an unattended delivery or authority to leave option, the goods are left at your risk once delivered to the address. We will always ask you to confirm this choice at checkout rather than assuming it.

7.7 Our delivery docket showing quantity, description, date, time and place of delivery is evidence of delivery, but it is not conclusive and it does not prevent you from making a claim under clause 9 or under the ACL.

7.8 Additional charges may apply, and will be disclosed to you before they are incurred where reasonably possible:

• (a) waiting time where our vehicle is held on site for more than 1 hour for reasons within your control;
• (b) redelivery and reasonable storage charges where you are unable to accept delivery at the scheduled time;
• (c) oversize handling for lengths over 9 metres;
• (d) deferred delivery of Custom Goods already produced, at 0.5% of invoice value per week as a reasonable storage charge.

7.9 We may deliver in instalments. Each instalment may be invoiced separately.

7.10 If our vehicle is damaged or bogged because of the condition of your site, you are responsible for our reasonable recovery or repair costs, reduced to the extent our driver’s own negligence contributed.

8. Click and collect

8.1 We will notify you when your Order is ready. Collection is from 411 Freeman Road, Richlands QLD 4077 during [hours].

8.2 Please bring your order number and photo ID. We may refuse to release goods to someone who cannot identify the Order.

8.3 Goods uncollected after 14 days may attract a reasonable storage charge, and after 60 days we may cancel the Order and refund the Price less our reasonable costs.

9. Damaged, incorrect or short deliveries

9.1 Please inspect your goods on arrival. Tell us in writing, and email is fine, about any damage, shortage or incorrect supply as soon as you reasonably can, and:

• (a) if you are a Consumer, within 10 Business Days of delivery, or 3 Business Days for delivery to a construction site;
• (b) if you are a Trade Customer, within 48 hours of delivery, or 24 hours for delivery to a construction site.

9.2 Note the damage or shortage on the delivery docket at the time of delivery where you can. This helps, but failing to do so does not by itself defeat your claim.

9.3 Please keep the goods in the condition and place they were delivered, and do not install, cut or process them, until we have had a reasonable opportunity to inspect, usually within 3 Business Days. If leaving them in place is unsafe or insecure, move them and take photographs instead.

9.4 If we reasonably determine the goods were damaged, short supplied or incorrect when delivered, we will at our option and at our cost replace them, supply equivalent goods, repair them, or refund the price of the affected goods, and we will pay the cost of return. Where the failure is a major failure under the ACL, a Consumer may choose a refund or replacement and may claim compensation for any other reasonably foreseeable loss.

9.5 If we reasonably determine that the goods were correct and undamaged on delivery, or that the damage occurred after delivery or from installation not in accordance with the product specification or the applicable Australian Standard, we will give you written reasons. You have 5 Business Days to dispute that determination, and we will attempt to resolve it with you before treating the goods as accepted.

9.6 Nothing in this clause 9 limits the time within which you may make a claim under the consumer guarantees in the ACL.

10. Change of mind returns

10.1 This is our policy, not a legal minimum. It sits on top of your rights under the Australian Consumer Law.

10.2 You may return stocked, unused goods in original condition and packaging within 30 days of delivery for a refund or credit, less:

• (a) the original delivery charge; and
• (b) a restocking fee of 15% of the price of the returned goods.

10.3 Return freight for change of mind returns is at your cost. Goods must reach us undamaged. We recommend a trackable service.

10.4 Change of mind returns are not available for Custom Goods (clause 11), or for goods cut, drilled, coated, installed or otherwise altered after delivery.

10.5 To start a return, contact support@clicksteel.com.au for a return authorisation before sending anything back.

11. Custom, cut and made-to-order goods

11.1 Custom Goods cannot be cancelled or returned for change of mind once production has commenced.

11.2 You are responsible for the measurements, quantities, drawings, specifications and finishes you supply. We will produce to what you give us.

11.3 Unless expressly stated in writing, fabrication supplied by us is not structurally certified. Any lifting, rigging or structural use of fabricated goods is your responsibility and must account for that.

11.4 This clause does not exclude the consumer guarantees. Custom Goods must still be of acceptable quality, match their description, and match any sample or demonstration model.

12. Changing, suspending or cancelling an Order

12.1 Once we have accepted an Order, you may cancel, vary or suspend it only if we agree in writing.

12.2 We will not unreasonably refuse to agree, provided the goods are not Custom Goods and you cover our reasonable losses and costs actually incurred as a result, which may include restocking, freight, handling and third party charges. We will tell you what those costs are before you commit to the cancellation.

12.3 We may suspend or cancel an Order where you have not paid an overdue amount, where you become insolvent, or under clause 18. We will tell you promptly in writing if we do.

13. Consumer guarantees and warranties

13.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

13.2 Where a manufacturer’s warranty applies to a product, its terms are supplied with the product or available on the product page. Any manufacturer warranty is in addition to and does not limit your rights under the Australian Consumer Law.

13.3 To make a warranty claim, contact support@clicksteel.com.au with your order number, photographs and a description of the issue. We will respond within 5 Business Days.

13.4 Goods installed or used contrary to the manufacturer’s instructions, the product specification, or the applicable Australian Standard may not be of acceptable quality for reasons unrelated to their supply. This does not excuse a genuine defect.

13.5 Where the goods supplied are galvanised reinforcing products, use them only as specified by your engineer. Galvanised reinforcing products are not covered by ACRS certification.

14. Retention of title

14.1 Title in the goods does not pass to you until we have received payment in full for those goods and for all other amounts you owe us.

14.2 Until title passes:

• (a) you hold the goods as bailee for us and, where reasonably practicable, must store them so they can be identified as ours;
• (b) you may sell or install the goods in the ordinary course of your business; and
• (c) if you sell them before paying us, you hold the proceeds on trust for us up to the amount you owe us.

14.3 If an amount is overdue and remains unpaid after we have given you written notice under clause 6.4(a), we may enter premises you occupy or control, at a reasonable time and with reasonable notice, to inspect or recover goods to which we retain title. We will take reasonable care not to cause damage, and we remain liable for damage we cause negligently.

14.4 If we recover and resell goods, we will credit the net proceeds against what you owe us and account to you for any surplus.

14.5 Clause 14.3 does not apply to a Consumer’s residential premises without your consent or a court order.

15. Personal Property Securities Act

15.1 These terms create a security interest in all goods we supply to you and their proceeds. Where we supply goods on credit, that interest is a purchase money security interest under the PPSA.

15.2 You must do what we reasonably ask, at our cost where the cost is ours to bear, to allow us to register and maintain a perfected security interest.

15.3 You waive your right under section 157 of the PPSA to receive a verification statement.

15.4 To the extent permitted by the PPSA, and only in respect of contracts that are not with a Consumer, the parties contract out of sections 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142 and 143.

15.5 The parties agree to keep confidential information of the kind described in section 275 of the PPSA, except where disclosure is compelled by law.

15.6 You must not register a financing change statement in respect of our security interest, or grant a competing security interest in the goods, without our written consent.

16. Limitation of liability

16.1 Nothing in this clause limits our liability under the consumer guarantees, for fraud, or for death or personal injury caused by our negligence.

16.2 Subject to clause 16.1, our total liability to you in connection with a contract, however arising, including in negligence, is limited to the amount you paid us for the goods that are the subject of the claim. This is an aggregate cap across all claims connected with that contract.

16.3 Subject to clause 16.1, neither party is liable to the other for consequential loss, loss of profits, loss of revenue, loss of opportunity, loss of reputation, or loss or corruption of data.

16.4 We are not liable for loss caused by incorrect information you gave us, except to the extent the error was ours.

16.5 Where our liability for failing to comply with a consumer guarantee can be limited under section 64A of the ACL and you are not acquiring the goods for personal, domestic or household use, our liability is limited at our option to replacing the goods, supplying equivalent goods, repairing them, or paying the cost of doing so.

17. Indemnity

17.1 You indemnify us against loss, claims and reasonable costs we incur arising directly from:

• (a) your breach of these terms;
• (b) your negligent or unlawful act or omission; or
• (c) a third party claim arising from your use, resale or installation of the goods.

17.2 This indemnity is reduced proportionally to the extent that our own negligence, breach or wilful default caused or contributed to the loss.

17.3 Clause 17.1(c) does not apply to Consumers.

17.4 We must take reasonable steps to mitigate any loss claimed under this clause, and we must notify you promptly of any claim before incurring costs where it is reasonably practicable to do so.

18. Force majeure

18.1 Neither party is liable for delay or failure to perform caused by an event beyond its reasonable control, including natural disaster, fire, flood, storm, industrial action, epidemic, war, civil unrest, government action, carrier failure, or failure of a supplier where an equivalent supply is not reasonably available.

18.2 The affected party must notify the other as soon as reasonably practicable and use reasonable efforts to work around the event.

18.3 If the delay continues for more than 30 days, either party may terminate the affected Order by written notice. We will refund amounts you have paid for goods not yet supplied, less the cost of Custom Goods already produced to your specification.

19. Insolvency and default

19.1 If you become insolvent, or fail to pay an overdue amount after notice under clause 6.4(a), we may suspend or cancel undelivered Orders, suspend or close a credit account, and require payment of all amounts owing.

19.2 We will give you written notice promptly if we do any of those things.

19.3 If you have paid in full and the only issue is a change in your credit position, we will still deliver the goods you have paid for, or refund you if we choose to cancel.

20. Website, accounts and content

20.1 You must give accurate information when you register an account or place an Order, and keep your login details secure. Tell us immediately if you suspect unauthorised use.

20.2 All content on clicksteel.com.au, including text, images, drawings, specifications, product data and code, is owned by us or our licensors. You may use it to evaluate and place Orders. You may not copy, scrape, republish or use it commercially without our written consent.

20.3 Where you give us drawings, measurements, plans or other material, you licence us to use it to supply your Order, and you warrant that using it will not infringe anyone else’s intellectual property rights.

20.4 Discount codes and promotional offers are subject to their published conditions, are not redeemable for cash, cannot be combined unless stated, and may be withdrawn at any time before an Order is accepted.

21. Privacy

21.1 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

21.2 We share your details with carriers, payment processors and fraud prevention providers as needed to fulfil your Order. We do not store full card numbers. Card payments are processed by [payment provider].

22. Notices

22.1 We may send you notices by email to the address on your account or Order, or by post to your nominated address.

22.2 Email notices are taken to be received in accordance with the Electronic Transactions Act 1999 (Cth). Posted notices are taken to be received 3 Business Days after posting.

23. Complaints and disputes

23.1 Contact us first at support@clicksteel.com.au or on 1300 271 908. We will acknowledge within 2 Business Days and try to resolve the matter within 14 days.

23.2 If we cannot resolve it, either party may refer the dispute to mediation or take it to court. Nothing in these terms prevents you from contacting the ACCC or the Queensland Office of Fair Trading, or from starting proceedings at any time.

24. Changes to these terms

24.1 We may update these terms. The version published on clicksteel.com.au when you place an Order is the version that applies to that Order.

24.2 Changes do not apply retrospectively to Orders we have already accepted.

24.3 For credit account customers, we will give at least 28 days’ written notice of a change that materially affects your rights, and you may close the account before the change takes effect.

25. General

25.1 Governing law. These terms are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the federal courts of Australia. If you are a Consumer, you may also bring proceedings in the state or territory where you live.

25.2 Assignment. You may not assign your rights without our written consent, which we will not unreasonably withhold. We may assign to a related entity on written notice to you, and may subcontract our obligations.

25.3 Waiver. A right is only waived in writing signed by an authorised officer. Not enforcing a right on one occasion does not waive it.

25.4 Severance. If a provision is unenforceable, it is severed and the rest continues to apply.

25.5 Entire agreement. These terms, your Order, our acceptance and any special conditions agreed in writing are the whole agreement. This does not exclude liability for misleading or deceptive conduct, or any representation we made that you relied on.

25.6 Joint customers. Where two or more people or entities are the customer, their obligations are joint and several.

25.7 Priority. Where a term of your purchase order or other document conflicts with these terms, these terms prevail unless we agree otherwise in writing.

ClickSteel, 411 Freeman Road, Richlands QLD 4077. support@clicksteel.com.au, 1300 271 908.