Use of Website Terms and Conditions

Please note that the Conditions were first introduced/last updated on 21 September 2000.  [If you have not read them since then please do so now.]

General

Your access to and use of this web site is subject to these terms and conditions ("Conditions").  By accessing and browsing this web site, you accept without limitation or qualification these Conditions.

These Conditions are governed by and to be interpreted according to the laws of South Australia.  You irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of South Australia if any dispute arises between you and Stratco over your access to or use of this web site.

Stratco may revise these Conditions and/or the other contents of this web site at any time without reference to you.

Availability Of Stratco Products Or Services

Stratco reserves the right to discontinue or change any of the products, styles, colours, specifications, materials, services or other details referred to on this site at any time without notice.

This web site refers to products and or services that are generally available for purchase in Australia or New Zealand but may not be available in your particular State or locality or only at extra cost.  The reference to any such products or services does not imply or warrant that these products or services will be available at any time in your particular locality, or that any prices shown will still apply at the time of ordering.  You should contact Stratco for the latest information about products, services, pricing, terms and conditions of sale and availability before placing an order to assist us in providing correct advice.  It is important that in any e-mail or communication with Stratco that you advise your contact details and locality.

It is also essential that before using any Stratco materials you carefully read our brochure titled "Selection, Use and Maintenance of Stratco Steel Products", and any other relevant technical documents including brochures, catalogues and span tables and that you comply with the recommendations found in them.

Disclaimer Of Liability

This web site is provided by Stratco on an "as is" basis.  To the maximum extent permitted by law Stratco disclaims all warranties, expressed or implied as to your access to or use of this web site or as to the content of this web site.

Stratco will not be liable for any damages of any kind arising from your use of this site, including, but not limited to direct, indirect, incidental and consequential damages.  Stratco assumes no responsibility, and shall not be liable for, any damages resulting from viruses that may infect your computer equipment, other property damage, or consequential loss resulting from your access to or use of this web site.  In particular, Stratco will accept no liability for damage to files or any associated computer hardware or software as a result of downloading any material from this site.

Accuracy

The information contained in this web site could include technical inaccuracies or typographical errors.  Changes are periodically made to this web site to keep the information provided as accurate and relevant as possible.

Stratco will endeavour to maintain this web site and provide the most up to date information available.  However, Stratco provides no warranty or guarantee as to the completeness or accuracy or suitability of any information contained in this web site.  You should always verify the information provided before you act upon it by contacting your local Stratco office explaining your circumstances and needs and providing information about any relevant environmental conditions that could affect either the use of the product or your use of this web site.

Reproduction Of Web Site Content

Elements of this web site are protected by patents, trademarks, copyright and other laws and may not be copied, imitated or emulated.  No logo, graphic, sound or image from any Stratco web site may be copied or retransmitted unless expressly permitted by Stratco.

Copying or reproduction of any part of the this web site, other than those areas expressly nominated for this purpose, such as architectural specifications and detail drawings, is prohibited.  Educational institutions may download and reproduce material for distribution and use in the classroom for educational purposes only.

Links To And From This Web Site

Stratco is not responsible for the content of any other web site linked to or from this site or any other form of transmission received from any linked site and disclaims all warranties, express and implied as to the accuracy, validity or suitability of the material contained on linked sites.  Any links made available within this site have been provided purely as a customer service and are for your convenience only, and should not be interpreted as an endorsement by Stratco for the content of the linked site.

Should you wish to link to this web site please contact the website administrator. Stratco will not provide reciprocal linkages.

Privacy Information

Stratco is committed to respecting your privacy. In general, you can access and view all sections of this web site without revealing any information about yourself.  Stratco does collect non personal information regarding visitors to this web site, such as web browser preference, number of visits, etc. to measure use and improve the content of this site.

All private information provided to this web site is treated as confidential and will not be sold, rented, exchanged, or given to any third party except as needed to provide the services the user has expressly requested.  The most common way of your personal information being used is to process a request for a brochure or for a quotation or to process an application from you.

We may from time to time conduct surveys that ask you for feedback on Stratco products or services. We use that information to improve our product or service offerings and to identify desirable web site and service enhancements.   We do not release information from individual survey responses outside Stratco without prior permission.  We may occasionally share aggregated (ie non personal) data with selected business partners.

We will not change the way in which we use your personal information at any time in the future without your consent.

Stratco complies with the Information Privacy Principles set out in the Commonwealth Privacy Act 1988.   Click here to read the full Privacy Policy

Cookies

The Stratco web site cannot read or write third party cookies and no other web site can read the cookies generated by use of this web site.

You can set your web browser to notify you when you receive a cookie form this web site and providing you with the opportunity to either accept or reject it.  You can also refuse all cookies by turning them off in your browser.

However full functionality of this web site requires the use of cookies.

Sending Information To Stratco

If you send any communication, information or other material to Stratco via electronic mail or otherwise, such communications will be treated as non confidential and non proprietary unless the information is personal or otherwise relates to your privacy.

If you send any such (non private) information to Stratco by any means it may be used by Stratco for any purpose including but not limited to reproduction, disclosure, transmission, publication, broadcasting, production and posting.

Any feed back that you provide at this site shall be deemed to be non confidential. Stratco is free to use such information on an unrestricted basis.  By forwarding your information or ideas to Stratco you acknowledge that Stratco is free to use the same without any compensation to you for any purpose whatsoever.

General Terms and Conditions of Sale

GENERAL
Where in these terms and conditions the expression "the Company" is used, it shall be taken to mean Stratco Holdings Pty. Ltd. ABN 25 007 893 781, and/or its subsidiaries Stratco (Australia) Pty. Limited, ABN 40 007 550 754, Stratco (S.A.), Stratco (Vic.) and Stratco (N.T.) all divisions of Stratco Pty Ltd ABN 30 007 528 850, Stratco (Alice Springs) Pty Ltd ABN 35 061 118 456, Stratco (N.S.W.) Pty. Ltd. ABN 30 003 583 702, Stratco (Qld) Pty. Ltd. ABN 61 010 474 996, and Stratco (W.A.) Pty Ltd ABN 77 008 836 833 or any of them. "Collateral" and/or "Goods" shall mean all goods and/or services supplied by the Company to the Customer, or ordered by the Customer but not yet supplied, and includes goods described on any quotation, invoice, purchase order or any other document including any recommendations and advice and over which the Company may intend to register a security interest. You the customer may be referred to in these terms and conditions as "the Customer".
These terms and conditions, are effective from the date of acceptance by the Customer and may be amended or superseded from time to time by notice given by the Company by any means. Unless or except specifically excluded herein, the Company retains any rights and remedies available in any prior or pre-existing agreement.
The Customer acknowledges that these general terms and conditions apply in relation to all sales of Goods by the Company to the Customer and to all orders placed with the Company. No person acting or purporting to act on the Company's behalf has the authority to make any promise, representation or undertaking or to add to or change in any way these General Terms and Conditions Of Sale and Security Agreement except expressly in writing. These terms and conditions are in addition to and in no way are intended to limit, vary or exclude any rights conferred by the conditions and warranties implied by the Competition and Consumer Act 2010 or by any similar legislation of a State or Territory of Australia which prohibits any such limitation, variation or exclusion. Prices are subject to change without notice.
Clerical errors are subject to correction and do not bind the Company. The Customer's rights under these General Terms and Conditions Of Sale & Security Agreement are not assignable or transferable.

PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)
Where a Commercial Credit Account has been approved, the Customer grants and the Company may register on the Personal Property Securities Register, a security interest in all and any sale of Goods under this agreement, including but not limited to intellectual property and all other present and after-acquired property.
The Customer warrants that all purchases under the commercial credit account are for commercial purposes only and, accordingly, the provisions of the National Credit Code will not apply.
The Customer and the Company agree to contract-out of the PPSA in accordance with section 115 of the PPSA to the extent that the section applies for the benefit of, and does not impose a burden on, the Company. The Customer waives its right to receive a copy of any Financing Statement or any Financing Change Statement registered by the Company in respect of the security interest created by these terms and conditions.
The Customer agrees to execute any documents, provide all relevant information and co-operate fully with the Company to ensure that the Company has a perfected security interest in the personal property charged and, if applicable, a Purchase Money Security Interest (PMSI).
The Customer agrees to notify the Company of any change in the Customer's structure or management including any sale or disposition of any part of the business of the Customer, any change in directorships, shareholders or management or change in partnership or trusteeship 7 days prior to any such change taking effect. The Customer agrees that, until all monies owing to the Company are paid in full, it shall not sell or grant any other security interest in the Collateral.
The Company reserves the right to vary these terms and conditions of sale.

E-COMMERCE
The Customer will be given access to the Company's E-Commerce system ("Stratco Direct™") at the Company's sole discretion and the Company reserves the right to terminate or suspend the Customer's access to Stratco Direct™ by giving the Customer notice to that effect, either in writing or by way of Stratco Direct™. No warranty is made as to the availability of Stratco Direct™. The Customer agrees to use Stratco Direct™ only as set out in the User Manual and agrees that orders will be deemed to have been accepted by the Company only when Stratco Direct™ makes a Works Order Number available for viewing. The Customer acknowledges that it is responsible for the administration of passwords and security allocations to its Authorised Users and agrees that it will be liable to pay for all orders made using the Customer's Authorised User codes unless the order is cancelled with the written consent of the Company. The Customer further acknowledges that:

1. delivery times and pricing projected as shown by Stratco Direct™ are no more than estimates and shall not be binding upon the Company unless confirmed by the Company by other means.
2. the Company accepts no responsibility for any loss arising directly or indirectly from damage to the Customer's systems arising from unauthorised access to Stratco Direct™ or unauthorised modification of Stratco Direct™ by third parties.

1. The Customer will provide reasonable access for the Company, its servants, agents and subcontractors to the premises during the period of installation as may be agreed by the parties to enable the Company to carry out its obligations. The Customer will also provide at its own expense, connection for electricity and any other similar services required by the Company for installation of the Goods.
2. The Company will be under no liability or responsibility for any loss, damage or expense howsoever incurred by the Customer as the result of:
   1. any failure or delay by the Company in performing any of its obligations under the contract due to any reason beyond the control of the Company; or
   2. any prohibitions or restrictions under any applicable statutes, bylaws or regulations.
3. Any existing defects discovered by the Company in the course of installation shall be the responsibility of the Customer and the Company shall be the sole judge in respect of determining what remedial action is required. The Company may terminate any contract if the remedial action is not completed or taken as instructed, and within the time specified, by the Company without prejudice to its existing rights. Any additional expense incurred by the Company will be the responsibility of the Customer.

1. payment must be prompt and notwithstanding any previous indulgences, the Company may in its absolute discretion require immediate payment of any amount owing and / or refuse credit or supply of Goods without giving any notice whatsoever.
2. a 1.5% settlement discount is available to credit account Customers on most items where payment in full is received within the terms defined above but this settlement discount does not apply where the payment is made by credit card and a surcharge for payments made by credit card may apply.
3. if payment in full is not received within the terms defined above, the Customer shall in addition be liable to pay:
   
   1. interest at the rate of 1% per month (calculated daily) on any overdue amount, and
   2. all expenses (including any amount charged to the Company by a debt collection agency) incurred in recovering or attempting to recover an overdue amount.

1. representation, promise or undertaking regarding the fitness or otherwise of Goods supplied by the Company unless it is made in writing or implied by law.
2. failure by the Customer to fix, install, erect, or maintain the Goods in accordance with any advice, recommendation, specification, information, assistance or service provided by the Company in relation to Goods sold or manufactured by it. The performance of steel products is dependent on the environment, product selection, handling, installation and maintenance. Before using the Company's steel products, read the brochure "Selection, Use and Maintenance of Stratco Steel Products".