Terms and Conditions

These general terms and conditions of sale (Terms) apply to the supply of goods and services by S2S Commercial Floors Pty Ltd trading as S2S Floors.

These terms and conditions of sale apply to all quotations provided by S2S Floors. The acceptance of a S2S Floors quotation includes the acceptance of these general terms and conditions of sale.

1. Definitions
   The following words shall have, where the context so permits, the following meanings:
   “Delivery Point” means the address nominated by S2S Floors as the place for delivery of Goods;
   “Goods” means all materials, supplies, equipment, services and the like to be provided by S2S Floors to the Purchaser;
   “GST” means any goods and services tax including the tax imposed under A New Tax System (GST) Act 1999 (Cth) as amended and any regulations thereto or any such other Act and regulations of similar effect;
   “Purchaser” means the person, firm or corporation who has ordered the Goods in the Sales Order from S2S Floors;
   “Sales Order” means the agreement between S2S Floors and the Purchaser incorporating the quotation, these general terms and conditions of sale, and all applicable documents.
2. Quotes and Deposits
   Our quotation is fixed for 30 days only unless otherwise noted.  We may require a holding deposit to be paid on placement of a Sales Order. Deposits are not refundable once the Goods have been ordered by S2S Floors. In some instances, S2S Floors may charge a 30% restocking fee if orders are changed or cancelled.
3. Price and Payment
   1. All prices in the Sales Order are expressed in Australian Dollars and shall be determined by S2S Floors pursuant to the quoted price payable per item or square metre rate or per S2S Floors quotation plus GST if the price is not GST inclusive. The Purchaser is liable for any GST payable in respect of the taxable supply. All customs duties, freight and other charges (if any) shall be paid by the Purchaser.
   2. The Goods under the Sales Order must be paid for in full prior to or upon collection or prior to the date of delivery or installation, unless otherwise agreed.
   3. Interest may be charged on all overdue accounts at the overdraft interest rate charged by S2S Floors bankers. In addition, any collection charges, legal expenses and commissions incurred in attempting to recover payment will be payable by the Purchaser on demand.
   4. Where the Purchaser has used a credit card to pay a deposit on the Goods or to make a part payment towards the cost of the Goods, the Purchaser authorises S2S Floors to deduct all further sums owed by the Purchaser to S2S Floors in respect of the Sales Order from that credit card.
4. Title and Risk
   1. Legal and beneficial ownership in and to the Goods shall remain with S2S Floors until the Purchaser has paid in full all amounts owing on all accounts to S2S Floors.
   2. Until the Goods are paid for in full, the Purchaser shall hold the Goods as bailee of the Goods only.
   3. Once the Goods are delivered to the Delivery Point, or are collected by the Purchaser, they shall become the Purchaser’s sole responsibility and liability.
   4. If the Purchaser fails to make payment for the Goods in accordance with the Sales Order, S2S Floors shall have the right to recover from the Purchaser all Goods and for that purpose, the servants and agents of S2S Floors may enter upon the premises of the Purchaser (or any premises under the control of the Purchaser or the Purchaser’s agent if the Goods are stored or have been installed at another premises) in order to effect recovery and use any reasonable force to effect recovery without liability for trespass or any resulting damage. S2S Floors shall have the right to re-sell or otherwise dispose of the Goods so recovered without reference to the Purchaser. In the event that the Purchaser sells the Goods to a third party before payment in full for the Goods has been made to S2S Floors, then the Purchaser hereby:
      1. assigns to S2S Floors the benefit of any claim against such third party;
      2. holds any proceeds from sales on trust for S2S Floors; and
      3. will account fully to S2S Floors for the proceeds of the sale of the Goods sold or any part thereof until the Purchaser’s indebtedness to S2S Floors is discharged
5. Cancellations
   Any Goods that have been cut prior to installation by S2S Floors, cannot be cancelled and full payment will be required (less installation charges). Cancellation may incur a 30% restocking fee if goods have been processed.
6. Delivery
   1. All Goods shall be delivered by S2S Floors to their nominated Delivery Point, or its servant or agents, obtain from any person at the Delivery Point a receipt, copy of the Sales Order or signed delivery docket for the Goods, then S2S Floors shall be conclusively presumed to have delivered the Goods in accordance with the Sales Order. If the Delivery Point shall be unattended or if delivery cannot otherwise be effected by S2S Floors, S2S Floors may, at their option, leave the Goods at the Delivery Point or store the Goods at its discretion. If the Goods are stored by S2S Floors, the Purchaser shall pay or indemnify S2S Floors for all costs and expenses incurred for the storage and S2S Floors shall be at liberty to re-deliver them to the Purchaser from the place of storage at the Purchaser’s expense.
   2. Any time quoted for delivery is an estimate only and S2S Floors shall not be liable for any loss or damage howsoever arising as a result of any failure to deliver or delay in delivery arising from any circumstances whatsoever. The Purchaser shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery.
   3. If S2S Floors determines that it is or may be unable to deliver within a reasonable time, or at all, the Sales Order may be cancelled by S2S Floors. In the event of cancellation, any deposit paid by the Purchaser shall be refundable, and the Purchaser shall not have any claim against S2S Floors for any damage, loss, cost or expense whatsoever.
7. Installation
   1. All Goods will be installed to manufacturer’s specifications.
   2. Installation of Goods involves consistent contact with skirting and architraves and although all care will be taken, S2S Floors does not accept responsibility for any marking or damage.
   3. The Purchaser agrees to provide access to electricity so that the Goods can be installed.
   4. Removal and replacement of furniture, and disconnection of all relevant appliances, is the responsibility of the Purchaser and must be completed prior to the date of installation of the Goods.
   5. Unless specified in our quote no allowance has been made for floor preparation. It is the Purchaser’s obligation to ensure that any floor is smooth, level and free of humps, hollows, bumps, paint overspray etc. If the scope of works includes the take up of an existing floor covering, we cannot ascertain the quality of the sub floor until after the completion of the take up and reserve the right to charge a reasonable variation to the price.
   6. The use of some spray on curing compounds to retard the curing rate of new slabs may affect the bonding of adhesives used for direct stick carpet and vinyl. Prior to commencement of our works, we require the suitability of the concrete surface be determined and if remedial action is required this will incur extra charges over and above our quote.
   7. If we are required to return to finish your installation due to other works not being completed an additional call out fee may be charged.
   8. S2S Floors will not accept responsibility for any future problems if you have opted for the new flooring to be laid over existing tiles or new flooring to be laid over the existing floor without any floor preparation. For example: tiles lifting from subfloor / discoloration of the old vinyl reacting with or showing through the new floor or the old vinyl underneath lifting or bubbling and affecting the new floor.
   9. When new vinyl planks are laid over a cork floor there sometimes may be a chemical reaction between the vinyl adhesive and the polyurethane coating over the cork. We recommend the cork tiles be taken up prior to the installation of the vinyl or the vinyl be loose laid.
   10. With geometric printed and patterned carpets the manufacturer uses best available techniques to minimize pattern distortion. However the extensible nature of textile products means that some distortion due to shrinkage or stretch during and after manufacture is unavoidable, such that perfect pattern match cannot be guaranteed. Multiple width installations of geometric printed and patterned carpets may show some visible irregularities.
   11. When joining carpet, it is not possible to make the joins all appear “invisible”.
   12. Over large areas connector trims will have to be fitted to allow for expansion. While these trims are not obtrusive they will be noticeable.
   13. If the floor is being installed in an above ground unit we recommend you check with the body corporate first as the strata laws may prohibit any hard flooring in the living areas & bedrooms
   14. Specifically regarding the install of commercial grade products:
       1. Your industry may have specific coving, slip or fire ratings as per Australian Standards or Council Guidelines. It is your responsibility to ensure that any vinyls selected meet those standards and guidelines. For example an anti-static vinyl may be required for the designated IT/Server room. This may be extra to our quote.
       2. Unless specifically noted in our quote no allowance has been made to cove the vinyl.
       3. To cove vinyl cove fillet needs to be fitted using contact adhesive. This has an odour and if your staff are present some may notice and complain. If you require us to do such work outside of business hours there may be an additional charge to our quote.
       4. If the commercial vinyl selected is marmoleum or linoleum the skirting boards should be fitted after the vinyl is installed. The product is very brittle with little flexibility, and we cannot guarantee the skirting boards will not be scratched.
       5. If vinyl is required for some walls generally it may be installed with joins.
       6. If the installation of new vinyl is over an existing slab, we cannot be held responsible for a breakdown in the moisture barrier which may over time allow moisture to seep through hairline fractures in the slab and affect the bond of the ardit and adhesive. Remedial treatment can be completed as part of the floor preparation, but this will be extra to our quote.
       7. Unless specified, it is assumed the floor will not be a wet area therefore we have not allowed for a water-resistant epoxy adhesive.
       8. All drainage holes must have a vinyl type waste installed prior to the installation of the Goods. This is a plumber’s job at the expense of the Purchaser.
8. Indemnity and Liability
   1. Subject to clause 8.2 and except as expressly provided to the contrary in these Terms, all guarantees, terms, conditions, warranties, undertakings, inducements, or representations, whether express or implied, statutory or otherwise, relating to S2S Floors’ obligations under these Terms are excluded, to the maximum extent permissible by law.
   2. Where any Act of Parliament implies a term, condition or warranty in these Terms and that Act prohibits provisions in a contract excluding or modifying the application, exercise or liability under that term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms provided that the liability of S2S Floors for breach of the term, condition or warranty is limited to (at the election of S2S Floors):
      1. the replacement of the Goods, or the supply of equivalent Goods, or payment of the cost of replacing the Goods or acquiring equivalent Goods; or
      2. the repair of the Goods or payment of the cost of having the Goods repaired.
   3. The Purchaser agrees that the use of the Goods shall be at the Purchaser’s sole risk and S2S Floors will not be liable for any damage, loss, or injury that the Purchaser may incur, or that may arise from any cause whatsoever, except from the negligence of S2S Floors.
   4. Subject to S2S Floors’ obligations under clause 8.2, and to the maximum extent permitted by law, S2S Floors’ maximum aggregate liability for all claims under or relating to these Terms, or its subject matter, or any Sales Order, whether in contract, tort (including without limitation negligence), in equity, under statute, or under an indemnity, is limited to an amount equal to the price paid by the Purchaser under the Sales Order.
   5. S2S Floors shall not be under any liability whatsoever to the Purchaser for consequential, indirect or special loss or damage (including loss of actual or anticipated profits or revenue, economic loss of any kind or any loss suffered as a result of any claims by third parties) in contract, tort (including negligence) under statute or otherwise from or in relation to the Goods, or these Terms, whether or not such loss or damage was foreseeable.
   6. Except to the extent caused by the negligence of S2S Floors, the Purchaser is liable for and indemnifies S2S Floors, against all liability, damage, loss (including without limitation loss or damage to any property, or death or injury to any person), costs and expenses arising from, or incurred in connection with, the Purchaser’s use of the Goods, or its breach of these Terms.
   7. Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination, completion and expiration of these Terms. It is not necessary for a party to incur expense or make any payment before enforcing a right of indemnity conferred by these Terms.
   8. Where S2S Floors gives advice, information, assistance and/or service to the Purchaser regarding the suitability or purpose of the Goods, then it is given in good faith and S2S Floors shall not be liable in any way for any damages, losses or costs however arising resulting from the Purchaser relying on any such advice, information, assistance and/or service.
9. Safe Premises
   1. The Purchaser must provide a working environment that is safe and without risk to health for S2S Floors employees supplying or installing the Goods at the Purchaser’s premises.
   2. The Purchaser warrants that it complies with all relevant and applicable health and safety laws in the Premises in the state or territory where the Services are performed.
10. Severance
    If any provision of these Terms shall be determined to be void by any court of competent jurisdiction, then such a determination shall not affect any other provision hereof and each such other provision shall remain in full force and effect.
11. Force Majeure
    1. S2S Floors shall not be liable for any delay or failure to perform its obligations under these Terms if such delay is indirectly or directly due to Force Majeure. Any actual or anticipated delay or non-performance by S2S Floors due to Force Majeure may result the suspension of S2S Floors obligations until the Force Majeure has abated.
    2. In this clause, the term “Force Majeure” means a circumstance beyond the control of S2S Floors which results in S2S Floors being unable to observe or perform on time an obligation under these Terms or a Sales Order, including without limitation, acts or omissions or the failure to cooperate by any third party, fire, epidemic or pandemic or other casualty, quarantine restrictions, acts of God, natural disasters, strikes or labour dispute, war or other violence, civil disturbances, or any other law, order, or requirement of any governmental agency or authority.
12. Governing law
    These general terms and conditions of sale shall be governed and construed according to the laws for the time being in force in the State of Queensland and the parties submit to the jurisdiction of the Courts of that state.