TERMS AND CONDITIONS

1. Definitions

In these terms and conditions:

We, Us, Our, Ours or Supplier means Arrow Group Australia Pty Ltd ACN 124 331 102 trading as Step4, of 23 Awaba Street, Lisarow NSW, 2250

You, Yours or Customer means a person or entity who purchases Goods from us.

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

Goods means goods sold by Us to customers on our website or by any other means.

GST has the same meaning as in the GST Act.

GST Act means A New Tax System (Goods and Services Tax) Act 1999.

Guaranteed Obligation means every legal obligation that the Customer has to the Supplier pursuant to the Contract.

Guarantor means, where the Customer is a company, the directors of that company.

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

Price means the price at which We offer to sell you Goods.

Security Interest has the same meaning as in the PPSA.

Quote means a quote issued by Us to You containing an offer (subject to the availability of the Goods) to supply Goods for the Price.

Tax Invoice has the same meaning as in the GST Act.

2. Prices

• All prices displayed on this website or on Our promotional material are subject to change at any time without notice.

3. GST

• If the Price of any Goods, has been determined without regard to GST it will be increased by the amount of GST payable, and a Tax Invoice will be provided to You.

4. Quotes and acceptance

• The contract pursuant to which We supply Goods to You is comprised of:
• These terms and conditions;
• The Quote; and
• Your acceptance of that Quote (whether the Quote is accepted as required by clause 4.3, or by some other means that We accept).

(Contract)

• Any Quote issued by us is valid for 7 days from the date of issue, unless the Quote states otherwise. After such time prices of Goods are subject to change without notice.  No representation is made by Us that the Goods will remain available, and all Quotes are provided by Us subject the availability of the Goods.
• You may accept a Quote by signing and returning it to us. Where the Customer is a company, the Quote must be accepted by two directors (unless the company only has one director), who upon accepting the Quote are bound by the terms of the Guarantee.  On acceptance of a Quote the Customer is bound to purchase the Goods for the Price.
• You acknowledge that all quotes are subject to availability of the Goods.  If a Quote cannot be fully fulfilled, we may, at our discretion (but only with Your consent):
• place the unfilled portion of the quote on backorder (See clause 8 regarding backorders);
• supply a similar product to the Goods; or
• provide You with a refund.
• Prices for installation and delivery are quoted separately to any Quote for Goods.
• All Quotes are issued by us on the basis that upon acceptance of the Quote, You agree to be bound by these terms and conditions.

5. Payment

• The Price is payable as follows:
• 50% of the Price upon acceptance of the Quote; and
• For all Customers other than existing account Customers, the remaining 50% is payable prior to the delivery of the Goods; and
• For existing account customers, the remaining 50% is payable within 14 days of the issue of a Tax Invoice.
• All amounts payable to Us must be made in full, in cleared funds and without setoff, deduction or counterclaim.
• We may, at Our sole discretion, suspend or cancel Your order if Our payment terms have not been met.

6. Late payment

• Any overdue invoices will incur interest at 10% per annum calculated and compounded daily.
• If any invoice is not paid in accordance with the terms of that invoice, We may, at our sole discretion, suspend or cancel any other order You may have with Us or revoke any Quote provided by Us.

7. Merchant charges

• Any payment made by You using a payment processor, such as Visa, Mastercard or American Express may attract additional merchant charges for payment processing.
• Surcharges for payment processers may change at any time without notice. At the time that these terms and conditions were prepared, payment processers surcharges are:
• Visa – 1.4%
• Mastercard – 1.4%
• American Express – 2%
• No merchant charges or processing fees apply to payments by direct debit or electronic funds transfer.

8. Backorders

• If an item is temporarily out of stock, We will place it on backorder and make all reasonable efforts to ship backorders as soon as the goods become available.
• If Goods have been on backorder for a period exceeding six months We will cancel the backorder. You will be notified in writing of the cancellation of the backorder.
• If a backorder is cancelled and has been paid for, we will at our discretion do one of the following:
• refund the amount paid in respect of the cancelled backorder; or
• provide credit for an amount equal to the amount paid in respect of the cancelled backorder.

9. Consumer Guarantees and Warranties

• If the Consumer Law applies to Goods, then the Goods come with guarantees that cannot be excluded under the Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
• To the extent permitted by law, all express or implied terms, conditions, warranties, statements, assurances and representations are excluded from the Contract.
• Subject to the Consumer Law, the Customer acknowledges that the Supplier does not give or make any warranty, assurance, promise or representation regarding the quality, fitness for use, suitability or merchantability of goods for any purpose whatsoever, and that in entering into the supply contract, the Customer has relied entirely on the Customer’s own knowledge, skill and judgment.
• If the Consumer Law does not apply to a supply contract, then any liability of the Supplier that is not excluded in the Contract is limited to any of the following as determined by the Supplier in its absolute discretion to:
• the replacement of the Goods or the supply of equivalent goods;
• the repair of Goods;
• payment of the cost of replacing the goods or acquiring equivalent goods; or
• payment of the cost of having the Goods repaired.

10. Retention of title and Personal Property Securities Act

• In this clause, words and phrases that have defined meanings in the PPSA have the same meaning as in the PPSA unless the context indicates otherwise.
• The risk of loss of, or damage to Goods supplied under Contract passes to the Customer on delivery of the Goods.
• Title to Goods delivered to the Customer will remain with the Supplier until the Customer has paid all amounts owed to the Supplier in full. If payment in full is not made on the due date, the Supplier has the right, with or without prior notice, to recover possession of the whole or any part of the Goods (and the Customer agrees that the Supplier may enter any premises occupied by the Customer to satisfy that purpose) without prejudice to other rights and remedies).
• The Supplier may at its discretion register a Security Interest on the Personal Properties Security Register to secure its interest in the Goods pursuant to clause 10.3, including registering a Security Interest over all of the Customer’s present and after-acquired property.
• The Customer consents to the Supplier perfecting any Security Interest that the Contract provides for by registration under the PPSA. The Customer agrees to do anything the Supplier reasonably asks to ensure that the security interest:
• is enforceable, perfected and otherwise effective; and
• has priority over all other security interests.
• To the extent the law permits, the Customer waives its right to receive any notice (including notice of a verification statement) that is required by the PPSA. However, this does not prevent the Supplier from giving a notice under the PPSA.
• The Customer agrees not to exercise its rights to make any request of the Supplier under section 275 of the PPSA. However, this does not limit the Customer’s rights to request information other than under section 275.
• To the extent the law permits, the Supplier need not comply with, and the Customer may not exercise rights under, any provisions of Chapter 4 of the PPSA that may be contracted out of.
• The Customer must notify the Supplier at least 14 days before it does any of the following:
• changes its name;
• changes its place of registration or incorporation;
• changes or applies for an ACN, ABN, ARBN or ARSN under which an interest in any of the goods is or will be held.

11. Delivery

• You must provide Us with accurate and up to date address details. We will not be liable for any damages if You have provided us with an incorrect address.
• We will make all reasonable efforts to dispatch domestic orders in a timely manner. Domestic orders are dispatched within three to five business days from the date of order confirmation with delivery occurring two to seven days from dispatch.
• We will not be liable for delays due to third parties such as couriers and postal services.
• You acknowledge that any person accepting delivery of your delivery order at the delivery address is authorised by You to receive Your order. If no one accepts delivery of Your order at the delivery address, We may arrange for delivery at a different time and charge you an additional delivery fee or the delivery may be left at Your premises with Your written approval.
• If Goods are not deliverable because You are not ready to receive them and the Goods are returned to Our warehouse, We may to charge You an additional fee for storage.
• Goods delivered to another location for storage at Your direction, constitute a delivery.
• Risk in the goods passed to You upon delivery to the nominated address or in accordance with Your instructions.

12. Installation

• We may charge you an installation fee and site contribution.
• Any quoted installation fee and site contribution is an estimate only and is subject to change depending on any changes to the scope of the works as originally quoted.

13. Returns

• Subject to any rights You may have under the Australian Consumer Law, goods may be returned to us in accordance with this clause.
• You may return goods for exchange provided that:
• You provide us written notice within seven days of receiving the Goods that You are returning the Goods;
• You return the Goods within 7 days of receiving the Goods;
• the Goods are not damaged in any way;
• the Goods are unused; and
• the Goods are accompanied by their original packaging.
• Any returns that do not comply with these terms and conditions may be refused by Us at Our absolute discretion.
• Sale items and custom-made items cannot be returned.
• We may charge a restocking fee of up to 20% of the invoiced amount.

14. Liability

• Any Goods or services sold to You are sold on the basis that no warranty is given by Us as to the quality or fitness for purpose of the Goods other than warranties that are implied by law which cannot be excluded or modified.
• You acknowledge and agree that You have read and understood and will comply with all conditions of use of the Goods and that any use of the product by children will be properly supervised by an adult at all times.
• To the extent permitted by the Consumer Law, our liability in respect of any claims relating the supply of goods or service is limited to:
• repair of the Goods for a minor defect;
• refund or replacement of the Goods for a major defect; or
• supplying the services again or paying the cost of having the services supplied again.
• You irrevocably indemnify Us and hold Us, and Our directors and employees harmless from and against all claims suffered by You, including third party claims on us, which arise in connection with the supply of Goods or the provision of services to you, except to the extent that those claims were caused directly by Us.
• We are not liable for any consequential loss suffered by You in connection with the supply of the Goods or the provision of the services or your use of the Goods.

15. Representations

• You acknowledge and represent that:
• at the time of making an order with us You have made all reasonable enquiries regarding our Goods and services and are satisfied with the result of those enquiries;
• You have satisfied yourself that the Goods or services are suitable for Your intended purposes; and
• You have read and understood all relevant information relating to the safe operation of the goods supplied by Us, including any instructions for use provided by the manufacturer and any safety warnings.

16. Design and set changes

• Goods offered for sale are subject to design or colour change at any time without notice.
• We may substitute any goods ordered from Us, without prior notice, if it is reasonable to do so and the substituted goods are of similar kind and use to the Goods originally ordered by You.

17. Intellectual property

• The content of this website is subject to copyright. We reserve all rights, title and interest in the contents of this website and the content of this website must not be reproduced without Our express written permission.
• ‘Step4’ is used as a trade mark at common law and is a registered trade mark in Australia and New Zealand and is owned by Us.

18. Privacy

• You consent to us collecting, storing and using your personal information in accordance with these terms and conditions and the Privacy Act 1988.
• When you communicate with us or use this website, we may collect personal information about you. We may use this personal information:
• in connection with providing you with goods and services;
• marketing and promotional activities;
• record keeping and administrative purposes; and
• to comply with Our legal obligations.
• We will take reasonable steps to protect your personal information, store it securely and prevent misuse or unauthorised access.

19. Disputes

• You agree to use reasonable endeavours to resolve any dispute with Us prior to the commencement of any legal proceedings, whether in a court or by way of arbitration, except where interim or urgent interlocutory relief is sought.
• If Your dispute cannot be resolved with Us directly and more than 14 days have passed since first written notice of dispute has been given to Us, You must then submit Your dispute to a mediator, the identity of which is agreed to by Us.
• If the dispute cannot be resolved by mediation, then either You or Us may commence legal proceedings in respect of the dispute.
• If you do not comply with this clause, it may be pleaded as a bar to the continuance of any proceedings initiated by you until this clause has been complied with.

20. Director’s Guarantee

• The Guarantor unconditionally and irrevocably guarantees to the Supplier the performance in full of all the Guaranteed Obligations as and when those obligations fall due for performance in accordance with the terms of the Contract.
• If, and each time that, the Customer fails to perform any Guaranteed Obligation in full when due, the Guarantor must, on demand, without requiring the Supplier to first:
• take any steps against the Customer or any other person; or
• enforce any Security Interest that it may hold in relation to that Guaranteed Obligation,

perform that Guaranteed Obligation in full and when due in accordance with the terms of this Contract as if the Guarantor was the Customer in respect of the Guaranteed Obligation.

• Any agreement, waiver, consent or release given by the Supplier under or in connection with this Contract will bind the Guarantor.

21. General

• If a court determines that any part of the Contract is illegal, void or unenforceable, that part is severed and this does not invalidate or void the rest of the Contract.
• These terms and conditions contain the entire understanding of the contract between You and Us.
• The Contract may only be varied by mutual written agreement of between You and Us.
• The provisions of the Contract are governed by, and must be interpreted in accordance with, the laws of New South Wales, Australia.
• The courts of New South Wales, Australia have exclusive jurisdiction to determine any dispute or claim arising the Contract and the supply by Us of Goods to You.
• The Contract, including these terms and conditions, is a deed.