These Conditions apply to all contracts involving the supply of goods and/or services the proprietors trading as Staircase Constructions (“Staircase Constructions”) and it is the responsibility of the customer to ensure they have read and understood the terms and obtained independent legal advice if they wish.
The Quotation provided is only a quotation until the Customer advises Staircase Constructions they wish to agree to the Quotation or a variation of the Quotation. The Quotation (including any variations) then becomes a binding contract when Staircase Constructions agrees to honour the Quotation (including any variations). Any Quotation is only valid for 30 days, or until Staircase Constructions withdraws the Quotation.
All materials supplied will be as specified, except that where not specified or not reasonably available, Staircase Constructions retains an absolute discretion to determine the materials.
It is the responsibility of the Customer to: a) ensure any measurements provided to Staircase Constructions whether personally or through any other person, and whether orally or in writing, are accurate; b) the product being supplied is suitable for their purposes (except where the Quotation specifies in writing it is to be suitable for a particular purpose); c) all wall and floor finishing and coverings, furniture and fittings are protected or removed prior to the commencement of work; d) foundations are in place prior to the commencement of work and all electrical and plumbing work is completed prior to the commencement of work; e) the site will be available for Staircase Constructions to work during normal trade hours (7am to 5pm weekdays, not including public holidays) and toilet facilities and electrical supply will be available during those times; f) notify Staircase Constructions of any alleged defect, (and give Staircase Constructions the opportunity to rectify any alleged defect) within 7 days of installation, and before any work is done by any person which would make the rectification of the defect more difficult or more expensive; g) make payment in full immediately upon completion or any payment claim under the Building and Construction Industry Security of Payment Act unless other arrangements are made in writing.
It is the responsibility of Staircase Constructions to: a) use best efforts to effect delivery within the specified period; b) perform work during the above hours unless requested otherwise; c) complete work by the specified completion date, or within a reasonable time; d) perform work in accordance with any standards laid down by the Standards Association; e) use best efforts to resolve any alleged defect advised in the above time, and to rectify the defect if appropriate.
Staircase Constructions is not responsible for any delay, cost, damages, necessary variation, or defective work the result of the Customer not complying with any of their responsibilities, and indemnifies Staircase Constructions for any claim from a third party in respect of such. Staircase Constructions is responsible for rectifying any defective work caused by failing to carry out their responsibilities above.
If the Customer requires work outside the above hours, or of any type outside the scope of the contract, the Customer will be responsible for all additional costs. Where a defect is alleged and disputed by Staircase Constructions, the parties may agree to Staircase Constructions rectifying the defect upon the basis that payment will be made by the Customer in the usual way and the responsibility for the defect may be determined at a later time.
If the Customer does not make payment in accordance with the above terms, Staircase Constructions may notify the Customer they will cease work if payment is not received, and upon payment not being received, cease work. Staircase Constructions may also charge interest at 2% above the interest rate set for the purposes of section 101 of the Civil Procedure Act from the relevant date and neither continuing work nor ceasing work prevents Staircase Constructions from charging interest.
These terms are subject to any limitations imposed by statute. To the extent it is inconsistent with a statute, that term is unenforceable or void as the case may be, and the remainder of the contract is not affected. These terms prevail over any term alleged to be part of the contract unless that term is written and the meaning of the term is clear.