Terms & Conditions.

1. Definitions & Interpretation

In these Terms and Conditions ("Terms"):

• "Tiger Struk", "we", "us" and "our" means Tiger Struk Pty Ltd and its successors and assigns.
• "Customer", "you" and "your" means the person, company or entity that purchases Goods or Services from us.
• "Goods" means reinforcing bar, mesh, accessories and any other products supplied by us.
• "Services" means cut and bend processing, delivery, pre-slinging and any other services we provide.
• "Order" means an order for Goods or Services placed by the Customer and accepted by us.
• "GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.

2. Application of These Terms

These Terms apply to every quotation, Order and supply of Goods or Services by Tiger Struk to the Customer, to the exclusion of any terms or conditions proposed by the Customer, unless expressly agreed in writing by an authorised representative of Tiger Struk. By placing an Order, requesting a quotation, accepting delivery of Goods, or otherwise engaging Tiger Struk to supply Goods or Services, the Customer agrees to be bound by these Terms.

Tiger Struk may amend these Terms from time to time by publishing an updated version on its website. The version of these Terms in effect at the time an Order is placed will apply to that Order.

3. Quotations

3.1 Quotations issued by Tiger Struk are valid for the period stated on the quotation, or if no period is stated, for 14 days from the date of issue.

3.2 Quotations are based on the information, drawings, bar schedules and specifications provided by the Customer at the time of quoting, and on material availability at that time. Tiger Struk reserves the right to revise a quotation if the scope, quantities or specifications change, or if the quotation has expired.

3.3 A quotation does not constitute an offer capable of acceptance that creates a binding contract until Tiger Struk issues an order confirmation in accordance with clause 4.

4. Orders & Acceptance

4.1 An Order is only binding on Tiger Struk once it has been confirmed in writing (including by email) by an authorised representative of Tiger Struk. Tiger Struk reserves the right to accept or decline any Order at its discretion, including where stock is unavailable, where the Customer has outstanding overdue amounts, or where Tiger Struk is unable to verify the Customer's details.

4.2 For processed (cut and bent) Goods, the Customer is responsible for the accuracy of any bar schedule, bill of materials, drawings or specifications provided. Tiger Struk may, as a courtesy, review schedules for obvious errors prior to processing, but this review does not constitute design verification or engineering certification, and does not transfer responsibility for the accuracy of the schedule to Tiger Struk.

4.3 Once an Order for processed Goods has entered production, it cannot be cancelled or varied except at Tiger Struk's discretion and subject to payment of any costs incurred up to that point.

5. Pricing

5.1 Prices quoted are exclusive of GST unless expressly stated to be inclusive. GST will be added to invoices at the prevailing rate in accordance with applicable tax law.

5.2 Prices are subject to change without notice due to fluctuations in raw material costs, exchange rates, freight costs or other factors outside Tiger Struk's control. The price applicable to an Order is the price confirmed in the order confirmation, provided the Order is placed within the validity period of the relevant quotation.

5.3 Delivery, pre-slinging, demurrage, bulker bag, dunnage and other ancillary charges are additional to the price of Goods unless expressly included in the quoted price.

6. Cut & Bend Processing

6.1 Processed Goods are manufactured to the dimensions, shape codes and quantities specified in the Customer's bar schedule or equivalent documentation. A standard cutting tolerance of ±5mm applies unless otherwise agreed.

6.2 The Customer is responsible for ensuring that bar schedules comply with the relevant structural drawings, specifications and Australian Standards. Tiger Struk processes Goods strictly in accordance with the schedule provided and accepts no liability for errors originating in the schedule itself.

6.3 Where Tiger Struk identifies a possible error in a schedule prior to processing, Tiger Struk will endeavour to notify the Customer, but is under no obligation to do so and may proceed with processing strictly as instructed if the Customer confirms the schedule is correct.

7. Delivery & Site Access

7.1 Delivery dates and times provided by Tiger Struk are estimates only. While Tiger Struk will use reasonable endeavours to meet agreed delivery windows, Tiger Struk is not liable for any loss, cost or delay arising from a failure to deliver within an estimated timeframe, including delays caused by traffic, weather, vehicle availability, or events beyond Tiger Struk's reasonable control.

7.2 The Customer is responsible for ensuring safe, legal and adequate access to the delivery site for the delivery vehicle, including ensuring the site is clear, providing an unloading crew where required, and identifying any access restrictions (such as overhead powerlines, weight limits, or narrow access) at the time of ordering.

7.3 Standard deliveries include one hour on site for unloading. Where the delivery vehicle is detained beyond this period due to circumstances within the Customer's control (including but not limited to lack of an unloading crew, inadequate access, or delays in directing the driver), demurrage charges will apply at Tiger Struk's then-current rate.

7.4 If a scheduled delivery is rescheduled or cancelled by the Customer with less than the notice period specified by Tiger Struk at the time of booking (or where no period is specified, less than one business day's notice), a rescheduling fee may apply.

7.5 Where the Customer arranges collection from Tiger Struk's premises, the Customer is responsible for providing a suitable vehicle and for the safe loading of Goods, including compliance with any load restraint requirements under applicable law.

8. Risk & Title

8.1 Risk in the Goods passes to the Customer upon delivery to the delivery address nominated by the Customer, or upon collection from Tiger Struk's premises, whichever occurs first. From that point, the Customer is responsible for any loss, damage, theft or deterioration of the Goods.

8.2 Notwithstanding the passing of risk under clause 8.1, title (ownership) in the Goods does not pass to the Customer until Tiger Struk has received payment in full of all amounts owing by the Customer in respect of those Goods and any other amounts owing by the Customer to Tiger Struk.

8.3 Until title passes, the Customer holds the Goods as bailee for Tiger Struk, must store the Goods so that they are clearly identifiable as the property of Tiger Struk, must not encumber or grant any security interest over the Goods, and must immediately notify Tiger Struk if the Customer becomes insolvent, enters administration, or if a third party asserts a claim over the Goods.

8.4 If payment is not made by the due date, Tiger Struk may (without prejudice to any other rights) enter the Customer's premises (or arrange for its agents to do so) to recover any Goods in which title has not passed, and the Customer grants an irrevocable licence to Tiger Struk for this purpose.

9. Payment Terms

9.1 Unless other terms have been agreed in writing for an approved trade account, payment is due prior to or upon delivery or collection.

9.2 For approved trade accounts, payment is due within 30 days of the invoice date, unless otherwise stated on the invoice or agreed in writing.

9.3 If payment is not received by the due date, Tiger Struk may, without limiting any other rights: charge interest on overdue amounts at the rate of 2% per month (or part thereof) from the due date until payment in full is received; suspend or cancel any further supply of Goods or Services to the Customer, including Orders already in progress; and recover from the Customer all reasonable costs incurred in recovering overdue amounts, including debt collection and legal costs.

9.4 The Customer must not withhold or set off any amount owing to Tiger Struk against any claim the Customer may have against Tiger Struk, except as required by law.

10. Returns, Claims & Inspection

10.1 The Customer must inspect Goods on delivery or collection and note any discrepancy in quantity, type, or visible damage on the delivery docket at the time of delivery.

10.2 Any claim for short delivery, incorrect Goods, or damage that was not apparent on reasonable inspection at the time of delivery must be notified to Tiger Struk in writing within 24 hours of delivery. Claims made after this period may not be accepted.

10.3 Stock Goods (unprocessed straight lengths, mesh sheets and accessories) may be returned within a reasonable period with Tiger Struk's prior written authorisation, provided the Goods are unused, in original condition, and accompanied by proof of purchase. A restocking fee may apply.

10.4 Processed (cut and bent) Goods are manufactured specifically to the Customer's bar schedule and cannot be returned or exchanged, except where Tiger Struk accepts that the Goods do not conform to the schedule provided due to an error in Tiger Struk's processing.

10.5 Where a valid claim is accepted, Tiger Struk's liability is limited, at its option, to replacement of the Goods, supply of equivalent Goods, or a refund or credit of the price paid for the affected Goods.

11. Product Standards & Warranty

11.1 Tiger Struk warrants that Goods supplied will, at the time of delivery, conform to the relevant Australian Standard specified for that product (including AS/NZS 4671 for reinforcing steel and mesh) and will be of acceptable quality within the meaning of the Australian Consumer Law, where applicable.

11.2 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on the Customer by the Australian Consumer Law or any other legislation that cannot be lawfully excluded or limited.

11.3 To the extent permitted by law, all other warranties, conditions or terms (whether express, implied, statutory or otherwise) are excluded.

11.4 Tiger Struk's products are intended for use by, or under the supervision of, qualified construction professionals in accordance with the relevant structural design and Australian Standards. Tiger Struk does not provide structural design or engineering advice, and the Customer remains responsible for ensuring that the Goods specified and ordered are suitable for the Customer's intended application.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, and subject to clause 11.2, Tiger Struk's total aggregate liability arising out of or in connection with any Order, whether in contract, tort (including negligence), under statute or otherwise, is limited to the lesser of: (a) the cost of replacing, repairing or resupplying the Goods or Services giving rise to the liability; or (b) the amount paid by the Customer for those Goods or Services.

12.2 To the maximum extent permitted by law, Tiger Struk is not liable for any indirect, special or consequential loss or damage, including loss of profits, loss of revenue, loss of business opportunity, loss of use, or any delay or disruption to a construction programme, however caused, even if Tiger Struk has been advised of the possibility of such loss.

12.3 Where the Australian Consumer Law applies and liability cannot be excluded but may be limited, Tiger Struk's liability is limited to the extent permitted by that law, including under section 64A.

13. Cancellation & Variation

13.1 The Customer may request to cancel or vary an Order by notice in writing. Tiger Struk will use reasonable endeavours to accommodate such requests, but is not obliged to do so, particularly where processing has commenced or materials have been specifically procured.

13.2 If an Order is cancelled or varied after acceptance, the Customer may be liable for: costs already incurred by Tiger Struk in connection with the Order (including processing, materials cut to size, and any non-returnable special orders); and any difference in price if the variation results in a reduced quantity that affects pricing tiers.

14. Force Majeure

Tiger Struk is not liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, extreme weather, fire, pandemic, industrial action, supplier failures, transport disruptions, or changes in law. Tiger Struk will notify the Customer as soon as reasonably practicable and will use reasonable endeavours to minimise the impact of any such event.

15. Privacy

Tiger Struk collects and handles personal information in accordance with its Privacy Policy, which forms part of these Terms by reference.

16. Disputes

If a dispute arises between the parties in connection with these Terms or an Order, the parties agree to first attempt to resolve the dispute through good-faith discussions between authorised representatives before pursuing any other remedy, except where a party seeks urgent injunctive relief or where the dispute concerns an undisputed debt.

17. Governing Law

These Terms, and any Order, are governed by the laws of Western Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia in respect of any proceedings arising out of or in connection with these Terms.

18. General

18.1 Severability: If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

18.2 Waiver: A failure or delay by Tiger Struk in exercising any right under these Terms does not operate as a waiver of that right.

18.3 Assignment: The Customer may not assign or transfer its rights or obligations under these Terms without Tiger Struk's prior written consent. Tiger Struk may assign these Terms or any Order to a related body corporate or in connection with a sale of its business.

18.4 Entire Agreement: These Terms, together with any order confirmation issued by Tiger Struk, constitute the entire agreement between the parties in relation to the supply of Goods and Services, and supersede all prior representations, negotiations and understandings.

19. Contact

For any queries relating to these Terms:

• Tiger Struk Pty Ltd
• Gate C, 2 Draper Place, Kewdale WA 6105
• Email: sales@tigerstruk.com.au
• Phone: +61 400 182 297