Terms of trade

1. Quotations

Quotations are valid for 14 days unless stated otherwise. Until an order is confirmed, prices may change in line with exchange rates, freight rates or mill prices. A quotation is not a commitment to supply until we have confirmed the order in writing.

2. Orders

An order is confirmed once we have issued a written order confirmation or proforma invoice and received your deposit.

The order confirmation sets out the product, specification, quantity, price, Incoterm and estimated shipping date. It takes priority over any earlier quotations and correspondence.

3. Prices

Prices are in the currency stated on the quotation. Unless the quotation states otherwise, they exclude:

• import duties, taxes, GST or VAT
• customs clearance
• destination port charges
• demurrage and detention
• inland delivery at destination.

4. Payment

Unless otherwise agreed in writing, our payment terms are:

• A 30% deposit on order confirmation. Production is booked once the deposit has been received.
• The 70% balance against shipping documents. Once the goods are loaded, we will send you copies of the bill of lading and other shipping documents. The balance is then due, and the original documents or telex release will be sent to you once payment has been received.

Payment is by bank transfer to the account shown on our invoice. Each party bears its own bank charges, and the full invoiced amount should reach our account. Letters of credit may be used by prior agreement.

Our bank details will never be changed by email. Before making any payment, please confirm our bank details with us by phone, using a number you already hold for us. We cannot accept responsibility for payments sent to an incorrect account as a result of fraud or false instructions.

5. Delivery terms

We quote under Incoterms 2020, usually on one of the following terms:

• FOB (Free On Board), named port of loading. Risk passes to you once the goods are on board the vessel. You arrange and pay for sea freight and insurance.
• CFR (Cost and Freight), named port of destination. We arrange and pay for sea freight to your port. Risk passes to you once the goods are on board the vessel at the port of loading, so you arrange your own insurance.
• CIF (Cost, Insurance and Freight), named port of destination. As for CFR, and we also arrange marine insurance at the minimum cover required by Incoterms 2020. Higher cover is available on request, at additional cost.

The Incoterm stated on your order confirmation applies. Other terms may be agreed in writing.

6. Lead times

Lead times are estimates. Orders typically reach the destination port 4 to 8 weeks after the deposit is received, depending on requirements, including the product, the mill and the shipping route.

We confirm the expected lead time on each quotation and will keep you informed of the schedule. However, we cannot be held liable for delays caused by shipping lines, port congestion, weather, inspections or other events outside our control.

7. Specification and natural variation

Timber is a natural material. Colour, grain, figure and natural features vary between boards and between shipments, and timber moves with changes in moisture.

Goods are supplied to the specification and grading rules set out in the order confirmation, within normal trade tolerances. Technical figures on our website are typical published values, provided as a guide only, and are not a guarantee for any particular shipment.

8. Documents

Depending on the product and destination, shipping documents include:

• the commercial invoice
• packing list
• bill of lading
• certificate of origin
• phytosanitary certificate
• treatment or fumigation certificate
• legality documents.

Original documents, or the telex release, are released once full payment has been received.

9. Ownership and risk

Risk passes to you as set out in the agreed Incoterm. Ownership of the goods remains with us until full payment has been received.

10. Import requirements

Unless otherwise agreed in writing, you are responsible for import permits, customs clearance, duties, taxes and biosecurity requirements in the destination country.

Please let us know of any special requirements before we confirm the order, and we will provide the documents needed for clearance.

11. Inspection and claims

We send photos of the goods before loading. Please inspect the goods as soon as the container has been unloaded. Any claim for shortage, damage or goods not matching the specification should be made in writing within 7 days of unloading, with photos and the pack details.

Please do not process, cut or install goods that are the subject of a claim until we have had a reasonable opportunity to inspect them. Claims made after the goods have been processed or installed cannot be accepted.

12. Cancellation

Once an order is confirmed, production is committed with the mill. If an order is cancelled, we may retain from the deposit any costs we have incurred or committed to, and any costs above the deposit will be invoiced to you.

13. Liability

To the extent permitted by law, our liability for any claim is limited to replacing the goods concerned or refunding their price, at our option. We are not liable for indirect or consequential loss, including loss of profit, delay costs or installation costs.

Nothing in these terms excludes any rights that cannot be excluded under the Australian Consumer Law or other applicable law.

14. Events outside our control

We are not liable for any failure or delay caused by events outside our reasonable control, including natural disasters, war, strikes, government action, export or import restrictions, port closures, shipping disruption and mill failures.

If such an event continues for more than 60 days, either party may cancel the affected order by written notice, and we will refund any amount paid for goods not yet shipped, less any costs already incurred.

15. Governing law

These terms are governed by the laws of Western Australia. If a dispute arises, both parties will first seek to resolve it in good faith through negotiation. If that is unsuccessful, the courts of Western Australia have jurisdiction.

16. Changes to these terms

We may update these terms from time to time. The version published on this page at the time your order is confirmed applies to that order.

If you have any questions about these terms, please contact us at sales@sterling-ventures.au.