Refunds & Returns

1. PREAMBLE

ClickSteel is dedicated to customer satisfaction and we will do everything in our power to assist you should something go wrong with your order. However, unfortunately due to the customised nature of the products sold by ClickSteel, we CANNOT offer a refund or return for any items manufactured to suit your specifications such as colour, size and length. We are also unable to offer a refund if you have made a mistake with your order or simply changed your mind. It is at the customers own risk and responsibility that the correct profile, colour, length and quantity have been ordered prior to checkout. Please ensure to double check your order prior to processing payment.

It is the responsibility of the Customer to inspect the goods prior to use. If a product is found to be defective, please ensure notify us immediately (within 48 hours) at [email protected] with information and photos and we will instruct you with further information to return the product.

2. DEFINITIONS

• Goods means all goods, merchandise and/or services requested by You in any Order and/or supplied by Us to You under a Contract from time to time;
• Order means a request by You to Us for the supply of Goods;
• “We”, “Us” or “Our” means ClickSteel and any subsidiaries, associated, related and parent companies or businesses, successors or assigns.
• You or Your means any individual, company, organisation or any other entity stated in the Contract to whom or to which We supply or offer to supply Goods under these Conditions, including any person, entity or agent acting on their behalf.

3. WARRANTIES AND LIMITATION OF LIABILITY

3.1 In the instance that goods have arrived defective from the supplier, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.

3.2 You must notify ClickSteel of any claim in writing in accordance with the following terms:

• For any goods that do not correspond with the applicable Order, within two (2) days of delivery or collection of those goods;
• For any goods which are allegedly defective or damaged, or any services which are allegedly deficient, within two (2) days of delivery/collection of those goods or performance of the services (as applicable);
• You must take all steps necessary to mitigate any loss arising as a result of any defect in the Goods provided.

3.3 You acknowledge and agree that any failure by you to make a claim in accordance with the terms above, or to mitigate any loss arising as a result of any defect, may result in Your deemed acceptance of the goods (including any defects) in compliance with these conditions

3.4 To the extent permitted by law, our liability arising from the breach of such conditions, guarantees or warranties will (at Our option) be limited to and completely discharged in the case of Goods, either:

• the replacement or cost of replacement of the Goods; or
• the supply or cost of supply of equivalent Goods; or
• the repair or cost of repair of the Goods.

3.5 You acknowledge and agree that We are not liable to You for:

• any indirect, special, economic or consequential loss, cost, damage or expense;
• any other loss of a kind which is reasonably beyond the normal measure suffered by someone in a like situation; and
• any loss of revenue, business profits, loss of expected savings, loss of chance or business opportunity, business interruption, loss or reduction of goodwill or damage to reputation or any loss of value or intellectual property.

3.6 You agree to indemnify Us for any reasonable loss, cost, damage or expense suffered by Us arising from or in connection with:

• any breach of these Conditions and/or the Contract by You;
• any negligence committed by You under these Conditions and/or the Contract;
• any breach of law by You which is applicable under these Conditions and/or the Contract;
• the death or injury to any person or damage to any property arising from the performance by You of Your obligations under any Contract; and
• any failure to install the Goods in accordance with their applicable installation instructions and manuals provided with the Goods or to operate the Goods in accordance with their applicable operation instructions and manuals provided with the Goods or in connection with Your negligence or the negligence of any third party, including in relation to the installation or operation of the Goods.

3.7 To the extent permitted by law, We will not be liable to You for:

• any loss or damage incurred by you as a result of delay in the performance or non-performance of any of Our obligations under these Conditions which is caused by any Force Majeure Event or otherwise occasioned by any cause whatsoever that is beyond Our reasonable control;
• any defects caused by fair wear and tear of Goods; and
• any defect caused by Your failure to:
  — (i) install, assemble, handle and/or use Goods in accordance with relevant Australian Standards and standard building practices;
  — (ii) follow any instructions which we issue to You on sale or supply of the Goods; or
  — (iii) any other instructions for the installation, care and maintenance of Goods that We may issue to You or publish from time to time;
• any failure of materials supplied by You for the purpose of Special Building Products, or any Special Building Products which are manufactured using materials supplied by You; or
• the cost of removing defective Goods (whether installed or otherwise) or the cost of installing replacement Goods.

3.8 You agree to bear all costs and expenses associated with making any claim under the Australian Consumer Law, except where We agree that the Goods do not comply with the statutory guarantees provided in that Act, in which case We will refund Your reasonable cost of returning the Goods to Us.

3.9 To the extent permitted by the Australian Consumer Law and any other applicable law, all other conditions, guarantees or warranties (whether implied or otherwise) not set out in this policy are excluded. Nothing in this policy is to be interpreted as excluding, restricting or modifying any law or statute applicable to the supply of goods which cannot be excluded, restricted or modified.

4. RETURN OF GOODS

4.1 Unless otherwise agreed by Us in writing, We will not accept the return of Goods.

4.2 Where We agree to accept return of any Goods, You must provide Your proof of purchase for the Goods to be returned and We reserve the right to charge You a 20% restocking, disposal or repacking fee which may be incurred by Us as a result of the Goods being returned.

4.3 You acknowledge and agree that the following Goods cannot be returned:

• any Goods which are not in original or resaleable condition; or
• any Special Building Products, unless faulty. Any manufacturing surcharge for Special Building Products is non-refundable.