Disclaimer

This document (the “Agreement”) comprises the Terms and Conditions, agreed between Stellmann Pty Ltd ABN 22 636 190 086 759 (“Stellmann, us, we”) and the customer (You).

OPERATIVE PROVISIONS

1. Definitions and Interpretation

1.1. Definitions

Confidential Information means any records, data, documents, information, communication or similar which relates to You or the Customer’s business, which You advise Stellmann is confidential in nature.

You means the party that has engaged Stellmann to perform Goods and Services, in its own capacity or as a disclosed agent, which may be an individual, company or corporate trustee.

Goods and Services means Stellmann’s non-slip coatings and related services provided by Stellmann, as set out in Stellmann’s Product list Shop Non-Slip Products: Stellmann, or as otherwise issued by Stellmann to You. 

Intellectual Property means any copyright (literary or otherwise), trademark, patent, design, trade name, moral right or goodwill which is developed, produced or arises out of the provision of the Goods and Services.

Price means the price as set out in Stellmann’s Product list Shop Non-Slip Products: Stellmann, or as otherwise issued by Stellmann to You, and may be varied by any revised price list released by Stellmann. 

Goods and Services means the Goods and Services set out in clause 3.

2. Acceptance

2.1. These Terms and Conditions will govern the relationship between You and Stellmann.

2.2. Acceptance of these Terms and Conditions may be achieved by written acceptance, oral acceptance, or giving us instructions to proceed with the services and/or making payment of any deposit and/or invoice.

2.3. Acceptance of the Agreement constitutes a valid and legally binding agreement and may only be varied with Stellmann’s express written consent. The Agreement forms the entire agreement between the parties and supersedes all previous communications (written and oral).

3. The Goods and Services

3.1. The Goods and Services are as described on Stellmann’s website, brochure and invoices, tenders, quotations, work.

3.2. You agree that You did not rely on the information, skill or judgment of Stellmann in relation to the suitability of the Goods for a particular purpose. Any advice, recommendation, information or assistance provided by Stellmann in relation to the Goods is/was provided without any liability by Stellmann whatsoever.

4. Prices and Payment

4.1. All prices are in Australian dollars and are exclusive of GST, unless stated otherwise, which will be calculated on the checkout page of Stellmann’s website.

4.2. Stellmann shall be entitled to alter the Price because of currency fluctuations, taxes, customs duties, GST, sales tax, or other government imposts.

4.3. You are to make payment to Stellmann without setoff or deduction in accordance with the terms set out in Stellmann’s invoices, via third party payment gateways, bank transfer, credit card or unless otherwise accepted by Stellmann.

4.4. If You pay via credit card, Stellmann is at liberty to apply a surcharge to recover the reasonable costs of processing such a transaction. The surcharge will be disclosed to You prior to completing the transaction. You may choose al alternate payment method to avoid the surcharge.

4.5. If You fail to pay Stellmann’s invoices when they fall due, interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Stellmann’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

(a) In addition to the above, Stellmann may; (1) commence legal proceedings against You for the recovery of any invoice which is overdue by 60 days or more from the date of the invoice; and/or (2) Pursuant to the Privacy Act 1988 (Cth): (1) Stellmann may lodge a repayment history on your credit report, if payment(s) have not been made more than 14 days after the due date; and/or (2) Stellmann may lodge a default on your credit report, if payment(s) have been overdue for at least 60 days and are equal to or exceed $150.00 or; (3) Stellmann will be entitled to all reasonable costs relating to your default and/or non-payment of Stellmann invoices. Stellmann estimates $500 as a genuine pre-estimate of loss, for its own administrative costs and costs for its lawyer to issue a demand letter to You.

5. Order

5.1. Orders for Goods are to be given by You to Stellmann, in writing and sent to info@Stellmann.com.au, unless otherwise agreed by Stellmann.

5.2. You acknowledge and agree you are solely responsible for providing Stellmann with current, complete, and accurate information for Stellmann to complete the order and delivery.

5.3. If Stellmann is unable to supply the Goods to You, Stellmann may in its discretion supply alternative goods to You. If the alternative goods are not suitable to You, Stellmann will not be liable for any claims arising out of Stellmann’s inability to supply the Goods or alternatives suitable to You. This is in addition to Stellmann’s rights to decline to supply the Goods to You.

5.4. Stellmann reserves the right to decline any orders that: (1) fails to provide sufficient and accurate information for processing the orders; (2) Stellmann determines that fulfilling the order would breach applicable laws or regulations; (3) the Goods requested are not available or are no longer in stock; (4) You have an outstanding payment or unresolved issue from prior orders; (5) Stellmann identifies potential misuse, fraud, or unreasonable demands related to the order.

5.5. Stellmann will notify You promptly if an order has been rejected and, where applicable, refund any payment(s) made for the rejected order within 30 days.

6. Cancellation and Returns

6.1. You may cancel Your order within 24 hours of placing it, provided the order has not yet been processed or shipped.

6.2. To cancel an order, please contact Stellmann at info@Stellmann.com.au with your order number.

6.3. Once an order is processed or shipped, it cannot be cancelled.

6.4. Stellmann may cancel the order if: (1) the Goods are unavailable or out of stock; (2) there is a pricing or typographical error; or (3) payment is not successfully processed

6.5. You will be notified of the cancellation, and any payments made will be fully refunded.

6.6. Goods may be returned within 14 days of delivery, provided they are unused, in original packaging, and accompanied by proof of purchase.

6.7. If any Goods are; (1) custom-made products, (2) opened containers, or (3) items damaged due to improper use, are not eligible for return.

6.8. To initiate a return, You must contact Stellmann in writing info@Stellmann.com.au and obtain an authorised return number.

6.9. You are responsible for return shipping costs unless the return is due to our error (wrong Goods delivered) or defective Goods.

6.10. Stellmann will process any refund after receiving and inspecting the returned Goods.

6.11. Refunds will be issued to You via the original payment method.

7. Title and Risk

7.1. Despite collection or delivery, Stellmann retains title to the Goods until it has received full payment for the Goods.

7.2. Until title in the Goods passes, You will keep the Goods free from any charge, lien or other encumbrance.

7.3. Until title in the Goods passes, You shall (1) obtain and maintain adequate insurance cover equal for Stellmann’s benefit; (2) hold the Goods on a fiduciary basis as bailee for Stellmann; (4) keep the Goods separate from all other goods in its possession and marked in such a way that they are clearly identified as the property of Stellmann; (4) upon request deliver up such Goods (as have not ceased to be in existence or resold) to Stellmann; and (5) if the Goods are sold, they will be sold in the ordinary course of business, as trustee and agent of Stellmann and will hold all proceeds of sale in a separate account, on trust for Stellmann and account to Stellmann for those proceeds.

7.4. The Goods shall be at Your sole risk as soon as the Goods are collected or delivered to You.

8. PPSR

8.1. You acknowledge and agree:

8.1.1. that any orders You place with Stellmann for Goods constitutes a security agreement;

8.1.2. these Terms and Conditions and any orders You place with Stellmann or to be supplied by Stellmann creates a security interest;

8.1.3. Stellmann registering Stellmann’s security interest on the PPS Register and will cover all Goods supplied to You;

8.1.4. to promptly sign any further document and provide any further information which Stellmann may reasonably require to register its security interest on the PPS Register, including registering a financing statement, change in financing statement, register any other document to perfect the Stellmann’s security interest, or correct any error in any such document;

8.1.5. not register, or permit to be registered by any third party a security interest with respect to the Goods, without the prior written consent of Stellmann;

8.1.6. do anything which Stellmann requires for the purpose of ensuring that the security interest is enforceable and perfected to enable Stellmann to exercise its rights in connection with the security interest; and

8.1.7. Stellmann will be entitled to Your proceeds of sale of the Goods equal to the value of any Goods not paid by You to Stellmann and any security will attach to the proceeds of sale of the Goods.

9. Delivery and Risk

9.1. You acknowledge and agree; (1) you are solely responsible for providing Stellmann with current, complete, and accurate information for Stellmann to complete the order and delivery and (2) that delivery times are estimates only and may vary.

9.2. Stellmann will make every reasonable effort to meet agreed delivery times and dates, and as stated above, delivery times and dates are estimates and not guaranteed.

9.3. You must ensure that any delivery location is accessible and safe for the delivery of Goods. Stellmann reserves its right to charge You additional costs incurred due to inaccessible or unsafe delivery locations for the delivery of Goods.

9.4. If You fail to accept and/or otherwise take delivery of the Goods, Stellmann reserves its right to charge for storage and any additional delivery attempts.

9.5. You must inspect the Goods upon delivery and notify Stellmann, in writing at info@Stellmann.com.au of any damage or shortages within 3-Business Days of delivery or collection of the Goods.

10. Force Majeure

10.1. Stellmann shall not be liable for any failure or delay, loss (direct, indirect or consequential) in the supply of Goods, where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Stellmann including but not limited to war, strikes, lockouts, industrial disputes or unrest, Federal or State government restrictions or interventions, transport delays, fire, acts of God, pandemic or epidemic, breakdown of delivery vehicle, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.

11. Warranty

11.1. Stellmann’s warranty document is located on https://stellmann.com.au/ or may be requested by sending a request to info@Stellmann.com.au. In the event of any inconsistency or conflict between these Terms and Conditions and the warranty document, the warranty document shall prevail and take precedence.

11.2. Stellmann Goods will adhere for 5 years as specified under normal use and maintenance and when installed in accordance with Stellmann’s installation instructions.

11.3. Stellmann’s warranty is subject to certain exclusions, including but not limited to; (1) You purchase the wrong product from Stellmann; (2) a qualified installer was not engaged to apply Stellmann product, or Stellmann product was not installed per Stellmann installation instructions; (3) damage caused by improper handling, storage, use or maintenance of Stellmann product; (4) damage caused by improper use, neglect or maintenance, including but not limited to using harsh cleaning agents/chemicals or extreme cleaning methods (tools and equipment); (5) damage caused by applying Stellmann product outside the permitted or intended use; (6) damage caused by changes to build design, movement or degradation of the substrate or structural cracking, unsound substrates, (including unsound previous paint systems), ponding water, hydrostatic pressure, or entrapped moisture, and/or faulty design and/or construction where our product has been applied; (7) damage caused by a third party, including but not limited to pollution, heating, fire and vandalism; (8) normal wear and tear, including but not limited to acts of God; (9) movement, cracking, lifting, peeling, flaking, or other degradation of the surface or substrate due; (i) to natural wear and tear, (ii) any modifications or repairs performed which affects the surface or substrate; or (10) any other condition not resulting from defects in material or workmanship, and any incidental or consequential damages.

11.4. If Stellmann’s product fail to be of acceptable quality (pre-application/installation), Stellmann can either replace it with an equivalent product or refund the Price. Stellmann’s warranty does not cover any costs associated with reapplication, labour or consequential damages. 

11.5. In the case of defective Goods, You must notify Stellmann, in writing within 30-days from the date of purchase, and sent to info@Stellmann.com.au. You must provide; (1) proof of purchase; (2) name and address; (3) a detailed description of the issue supported by photographs/video evidence; and (4) the Goods for inspection (including access to the premises and Stellmann inspect any affected area).

11.6. Stellmann will use its best endeavours to assess Your warranty claim and respond within 72-hours of receipt of the warranty claim. If You send your warranty claim on the weekend or public holiday, the 72-hours will commence from the next business day after the weekend or public holiday.

11.7. You agree to take all reasonable steps to mitigate any losses or damages arising from the use of Stellmann product, including but not limited to; (i) use of appropriate footwear and (ii) testing slip-resistance on regular basis. Failure to do so may result in a reduction or denial of warranty claims.

11.8. Should You fail to comply with the above, Stellmann are at liberty to close your claim and rely upon your failure to comply in any future claims, demands or proceedings You may bring.

12. Limited Liability

12.1. To the fullest extent permitted by law, Stellmann’s liability to You for any claims arising out of or in connection with the provision of Goods and Services is limited, at Stellmann’s option, to; (1) the replacement or repair of the defective Goods; or (2) the re-performance of the relevant Services; or (3) A refund of the amount paid for the Goods or Services in question.

12.2. Stellmann is not liable for any loss of profit, loss of revenue, loss of business, loss of agreements or contracts, loss or damage to goodwill, economic or financial loss, damage, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by You arising from: (1) Goods and Services completed by Stellmann, (2) due to any factors outside the control of Stellmann, (3) the Customer’s breach or failure to comply with any third-party licence; or (4) the Customer, officers, employees, servants, agents, contractors and assigns fail to take all reasonable steps to mitigate any loss.

12.3. Stellmann shall not be liable for any direct, indirect, incidental, consequential or special damage arising out of or in connection with the Goods and Services.

12.4. The total liability of Stellmann, whether in contract, warranty or negligence shall be limited to the amount paid by You.

12.5. You acknowledge that You have relied solely on your own skill and judgment when selecting the Goods and Services and that Stellmann provides no warranty, express or implied, other than as set out in these Terms and Conditions, or as required by law.

12.6. You acknowledge and agree to take all reasonable steps to mitigate any loss and damage and if You fails to do so, Stellmann will be entitled to reduce any liability for the sum equal to the failure to mitigate.

13. Confidential Information

13.1. Any information disclosed by Stellmann to You, whether verbally, in writing, or in any other form, that is identified as confidential or would reasonably be considered confidential given its nature and the circumstances of disclosure, shall be treated as strictly confidential.

13.2. You agree not to disclose, share, or use Stellmann’s confidential information for any purpose other than the performance of obligations under these Terms and Conditions, without the prior written consent of Stellmann.

13.3. Confidential information includes, but is not limited to, trade secrets, technical specifications, business methods, pricing details, customer information, product formulations, designs, and proprietary methods or processes.

13.4. You must take all reasonable precautions to protect the confidentiality of the disclosed information and must notify Stellmann immediately upon discovering any unauthorised use or disclosure.

13.5. This clause does not apply to information that; (1) is or becomes publicly available through no fault of Yours; (2) is disclosed to You by a third party legally entitled to make such disclosure; (3) is independently developed by You without reference to Stellmann’s confidential information.

13.6. The obligations of confidentiality shall survive the termination of any agreement or relationship between the You and Stellmann.

14. Intellectual Property

14.1. All intellectual property rights, including but not limited to patents, trademarks, designs, copyrights, processes, methodologies, and trade secrets used in the provision of the Goods and Services, remain the sole property of Stellmann.

14.2. You are granted a non-exclusive, non-transferable license to use the Goods solely for their intended purpose as specified by Stellmann.

14.3. You must not reverse engineer, reproduce, modify, or distribute any part of the Goods or Services without the prior written consent of Stellmann.

14.4. Any materials, drawings, or specifications provided to You during the course of business must not be used or disclosed for any purpose other than as agreed with Stellmann.

14.5. You agree that any improvements or suggestions related to the Goods or Services developed in collaboration with or provided to the Company shall vest solely in Stellmann, including all associated intellectual property rights.

14.6. Stellmann’s intellectual property rights shall survive the termination of any agreement or relationship between the You and Stellmann.

15. Notice

15.1. All notices, requests, demands or other communications made or purported to be made under this Agreement must be given in writing and delivered to the parties at the following addresses:

The Customer

Addressed to the You, via email and address as specified by You.

Stellmann

Email: info@Stellmann.com.au.

16. Privacy

16.1. Stellmann may collected information such as Your name, contact details billing and shipping information, and other data necessary to process orders and otherwise provide Stellmann’s Goods and Services.

16.2. Your data will be used for purposes such as processing orders, customer support, marketing (with your consent), and improving Stellmann’s Goods and Services.

16.3. Stellmann will not sell or rent your personal data to third parties. However, Stellmann will need to share your information with trusted service providers, such as payment processors or shipping companies to fulfill orders or comply with legal obligations.

16.4. Stellmann uses a secure, third-party payment gateway services run by Stripe, Shopify and PayPal, to protect Your payment details (specifically credit card details and credit card payments). These third-party payment gateways are PCI-DSS compliant which is the industry standard for secure credit card payments. Any changes or updates to Your payment information need to be made via this gateway.

16.5. Stellmann will take reasonable technical and organisational measures to safeguard Your personal data against unauthorised access, loss, or misuse.

16.6. You have the right to access, update, or request deletion of your personal data and Your requests should be in writing and sent to info@Stellmann.com.au.

16.7. If You have any complaint regarding your personal data, Stellmann will respond to that complaint within 14 days of receipt and will take all reasonable steps to make a decision as to the complaint within 30 days of receipt of the complaint. In the event that You are not satisfied with the resolution provided, You can make a complaint to the Information Commissioner at www.oaic.gov.au.

16.8. Stellmann will destroy personal information upon Your request, in writing, or of it is no longer required unless it is required to fulfil the obligations under these Terms and Conditions or is required to be maintained and/or stored in accordance with the law.

17. Disputes

17.1. If You become aware of an issue with the Goods and Services rendered by Stellmann, within 30-days of the issue coming to the notice of the Customer, You must notify Stellmann in writing setting out the following: (1) the nature of the issue (including supporting documents and photographic evidence), (2) what outcome You wants; and (3) what action You think will remedy its concern (Dispute Notice).

17.2. Stellmann will be given the opportunity to provide a written response to You within 21-days of receiving the Dispute Notice and being given access to inspect the Goods and/or the Premises where the Goods were applied.

17.3. Following Stellmann’s response, if the Dispute Notice has not been resolved, the parties agree to the following process: (1) within 14-days of Stellmann’s response, the parties will first attempt to resolve the dispute through good faith negotiations, (2) If the Dispute Notice cannot be resolved through negotiation within 30 days, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator, (3) Each party shall bear its own costs and expenses of the negotiations and mediation, and an equal share of the mediator’s fees and any administrative fees of the mediator.

18. Governing law

18.1. This Agreement is to be governed by and construed in accordance with the laws of Victoria, Australia.

19. Severability

19.1. If any provision of this Agreement is invalid or unenforceable, all other provisions of this Agreement will continue to be valid and enforceable, and that part of the Agreement rendered invalid or unenforceable is severed.