Terms & Conditions of Trade

In these Terms:

ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Customer means a Customer acquiring Goods or Services wholly or mainly for business purposes, but does not mean that the Customer is necessarily excluded from the definition of consumer under the ACL.

Consumer Customer means a Customer acquiring Goods or Services as a consumer under the ACL.

Contract means the accepted Quote, these Terms, any attached scope, drawings, product schedules and approved Variations.

Customer, you or your means the person or entity named in the Quote.

Goods means flooring, underlay, trims, adhesives, accessories and other products supplied by us.

Practical Completion means the Services are substantially complete and the floor can reasonably be used for its intended purpose, apart from minor items that do not materially prevent that use.

Quote means our written quotation, proposal, order confirmation or scope of works.

Services means delivery, measurement, preparation, installation, removal, disposal and other services identified in the Quote.

Site means the property where Goods are delivered or Services are performed.

Variation means an agreed change to the Goods, Services, price or timing of the Contract.

2.1We will provide or make these Terms available to you before the Contract is formed.

2.2You accept the Contract when you sign or electronically accept the Quote, confirm acceptance by email, instruct us to order Goods or begin Services, or pay an amount required by the Quote after receiving the Contract documents.

2.3A person accepting for a company, partnership, owners corporation or other entity warrants that they have authority to bind that entity.

2.4The Quote records the job-specific commercial details. If documents conflict, the following order applies unless the Quote expressly states otherwise:

1. an approved Variation;
2. the Quote and its scope/product schedule;
3. any agreed plans or drawings;
4. these Terms;
5. manufacturer installation and care instructions.

2.5A Customer purchase order or other standard terms do not vary this Contract unless we expressly agree in writing.

2.6We may use suitably qualified employees and subcontractors. We remain responsible for our obligations under the Contract and applicable law.

3.1A Quote is valid for the period stated in it. If no period is stated, it is valid for 30 days, subject to stock availability.

3.2The Quote must identify, where applicable:

• product brand, range, colour, product code and quantity;
• installation area and approximate square metres;
• layout, plank/board direction or pattern;
• underlay, trims, stair nosings, scotia or skirting treatment;
• removal and disposal of existing flooring;
• furniture or appliance movement;
• subfloor testing and preparation included;
• delivery, access, parking or building-management charges;
• exclusions, allowances and assumptions;
• price, GST, initial payment, progress payments and final payment;
• estimated delivery, start and completion timing; and
• warranty and care documents to be supplied.

3.3Quantities are based on our site measure, plans supplied by you or other stated assumptions. Flooring quantities normally include a reasonable allowance for cuts, pattern matching and wastage. The allowance is not a promise that a stated quantity of unopened material will remain.

3.4If the Quote relies on plans or measurements supplied by you or a third party, you are responsible for their accuracy. We will notify you promptly if a check measure identifies a material difference. We will not make a material price or scope change without an approved Variation, except where the law permits urgent work for safety or property protection.

3.5Unless expressly included, a free measure and quote is a visual, non-invasive assessment. It is not an engineering report, destructive inspection, moisture guarantee, asbestos assessment or certification of concealed conditions.

3.6You must disclose before acceptance any known leak, moisture, movement, asbestos or hazardous-material concern; underfloor heating; strata/owners-corporation rule; acoustic requirement; building access restriction; or special performance purpose.

4.1You must check the final product schedule before ordering. Your acceptance confirms the selected brand, range, colour/code, format, finish and stated performance requirements.

4.2Samples, showroom displays, photographs and screen images are representative. Reasonable variation may occur in colour, shade, gloss, grain, texture, pattern, knots, feature markings and batch or dye lot. Natural timber will change with age, light, humidity and use.

4.3Clause 4.2 does not excuse Goods that materially fail to match the agreed description or sample, are not fit for a disclosed purpose, or otherwise fail a non-excludable guarantee.

4.4We will not substitute a materially different product without your written approval. If the selected product becomes unavailable, the parties may agree on an alternative or either party may cancel the affected part of the Contract. We will refund amounts paid for Goods or Services we cannot supply, less only any amount lawfully payable for an agreed completed part.

4.5Product performance descriptions such as "waterproof", "water resistant", "pet friendly" or "commercial grade" have the meaning given in the applicable manufacturer literature. They do not mean the floor or building is immune from flooding, leaks, subfloor moisture, improper maintenance or use outside the stated application.

5.1Prices are in Australian dollars. Consumer-facing Quotes will show the total price including GST and unavoidable charges. A Business Customer Quote may state prices as GST-exclusive only if the GST treatment and total are clearly shown.

5.2The Contract price covers only the agreed scope. Additional work is payable only under an approved Variation or another lawful entitlement.

5.3Any card surcharge will be disclosed before payment and will not exceed our permitted cost of accepting that payment type. At least one fee-free payment method will be identified where available.

5.4We will provide receipts, itemised bills and tax invoices as required by law.

6.1For supply-and-installation work, the full contract price is paid in full before installation starts. A booking deposit of 30% to 50% of the contract price is payable to secure the job and reserve your installation date, and the remaining balance must be cleared into our nominated account no later than 3 business days before the installation date. The Quote states the booking deposit amount, the balance and the dates.

6.2Supply-only orders may require payment before dispatch, as stated in the Quote.

6.3Clause 6.1 applies to ordinary contracts for supplying and installing floor coverings. Where the Contract is a domestic building contract to which Victorian domestic building law applies, the statutory deposit and progress-payment limits under that law prevail, and clause 25 (Domestic building work gateway) applies.

6.4Paying before installation does not reduce your rights. We will inspect the work with you at Practical Completion (clause 16), and if we are responsible for defective or incomplete work we will rectify it within a reasonable time at no charge for that rectification. We will provide receipts, itemised bills and tax invoices as required by law.

6.5Paying in advance does not remove your right to a remedy (including repair, replacement, re-supply, refund, cancellation or compensation) if Goods or Services fail a consumer guarantee, if we cannot supply, or if we cancel (see clauses 4.4, 7, 8, 15, 19 and 23). We will refund amounts paid for Goods or Services we do not supply, less only any amount lawfully payable.

6.6You must not set off an unrelated claim against an invoice unless we agree or the law permits it.

7.1Except where a statutory cooling-off or cancellation right applies, we do not offer a general change-of-mind right after acceptance.

7.2If you ask to cancel before completion, we will take reasonable steps to reduce the resulting loss. Subject to your non-excludable rights, you must pay only our reasonable, properly incurred loss arising from the cancellation, which may include:

• non-refundable supplier or freight charges;
• custom-cut, custom-made or special-order Goods that cannot reasonably be returned or resold;
• completed measurement, preparation, delivery or installation work; and
• reasonable return, restocking, storage or administration costs actually incurred.

7.3We will give you a reasonable breakdown on request. We will refund the balance of amounts paid after deducting lawful cancellation costs. A cancellation charge is not intended to operate as a penalty or give us a windfall.

7.4A statement that Goods are custom, cut-to-size, clearance or special order affects change-of-mind cancellation only. It does not remove rights for faulty, unsafe, misdescribed or otherwise non-compliant Goods or Services.

7.5If an unsolicited consumer agreement applies, the statutory cooling-off period, payment restrictions, form and cancellation rules prevail.

8.1We may cancel an affected order before supply if the Goods become unavailable despite reasonable efforts, a supplier discontinues the product, or an event beyond reasonable control makes supply impossible. We will notify you promptly and offer an agreed alternative or refund amounts paid for the cancelled part.

8.2We may suspend or terminate for a material breach only after giving written notice describing the breach and a reasonable opportunity to fix it, unless immediate suspension is reasonably necessary for safety, illegality, serious non-payment, fraud or insolvency.

8.3Termination does not affect accrued rights, non-excludable remedies, or payment for conforming Goods and Services already supplied.

9.1Delivery and installation dates are estimates unless the Quote expressly states a fixed date. We will use reasonable efforts to meet agreed dates and will notify you of a material known delay.

9.2You must provide safe, lawful and reasonable Site access at the agreed time, including any required lift bookings, loading access, parking approvals, building inductions and work-hour permissions identified in the Quote.

9.3You must ensure an authorised adult or Site representative is available when reasonably required for access, layout decisions and completion inspection.

9.4Risk of accidental loss or damage to uninstalled Goods passes on delivery to the agreed secure location, except to the extent loss or damage is caused by our failure to use due care and skill. This does not affect title, consumer guarantees or our responsibility while we control the Goods.

9.5If delivery or work cannot proceed because the Site is not ready or access is unavailable, or the job must be rescheduled at your request or because of a choice you make about additional preparation, we may charge a reasonable, disclosed reschedule fee together with any re-delivery or storage costs actually incurred. The reschedule fee varies with the job and the situation and will be advised in advance, and we will give you a reasonable opportunity to avoid or minimise those costs.

10.1Unless the Quote says we will do it, you must before the start date:

• provide a clear work area and remove fragile, valuable or personal items;
• arrange movement or disconnection of furniture, appliances, technology, alarms and services;
• keep children, occupants and pets safely away from work areas;
• provide electricity, water, lighting and amenities reasonably needed for the Services;
• identify known concealed pipes, cables, heating systems and other services;
• obtain owner, landlord, owners-corporation and building-management approvals; and
• tell us about access, noise, dust, parking, loading, security and working-hour rules.

10.2We are responsible for performing our work safely and with due care. Nothing in this clause transfers to you a legal duty that the law places on us.

10.3If you ask us to move furniture or appliances, the Quote must identify what is included and any reasonable limits. Gas, plumbing, electrical or specialist disconnection/reconnection must be performed by an appropriately licensed person where required.

11.1Flooring performance depends on a suitable substrate and environment. Before installation we may carry out the tests and visual checks identified in the Quote, having regard to the product, manufacturer instructions and applicable standards.

11.2Conditions that may require further work include excessive moisture, unevenness, movement, cracking, contamination, weak or drummy material, adhesive residue, magnesite, water ingress, inadequate ventilation, unsuitable temperature/humidity, or a substrate outside product tolerances.

11.3A visual check or moisture reading at selected locations cannot guarantee that there is no concealed, intermittent or future moisture or structural problem. We remain responsible for exercising due care and skill in the inspection and tests we agreed to perform.

11.4If an unforeseen condition is discovered, we will stop the affected work where reasonably necessary, explain the condition, and provide a written Variation or recommend an appropriate specialist. We will not conceal a known material problem merely to continue installation.

11.5We are not responsible for a pre-existing or concealed defect that we did not cause and could not reasonably have identified within the agreed inspection scope. This exclusion applies only to the extent that the defect, rather than our Goods or Services, caused the loss or failure.

11.6Subfloor levelling and similar preparation are not included unless the Quote lists them. If, on the installation date, we find that an area must be levelled or needs similar unforeseen preparation, we will quote that work on the day. You may either accept our quote so we can proceed, or arrange the work yourself. Any levelling or preparation we carry out is a Variation under clause 14. If your choice means we must reschedule the job, a reschedule fee applies under clause 9.5; the amount varies with the job and the situation and will be advised.

12.1Removal or disturbance of asbestos or another hazardous material is not included unless expressly stated and lawfully performed by a qualified provider.

12.2If we reasonably suspect asbestos, hazardous material or another serious safety risk, we may stop the affected work and secure the area. The Customer must arrange any required assessment and licensed removal unless the parties agree in writing that we will arrange it.

12.3Time and reasonable cost consequences will be dealt with by a Variation. Each party retains its non-excludable health, safety and environmental duties.

13.1We will install the selected product with due care and skill, in accordance with the agreed scope, applicable law, relevant product-specific standards and current manufacturer instructions.

13.2The Quote must state responsibility for flooring direction or pattern, expansion gaps, trims, transitions, door clearances, stairs, skirting/scotia, cabinetry, toilets, islands and fixed appliances where relevant.

13.3Floating floors must not be trapped beneath fixed cabinetry or other fixed elements unless the flooring system and manufacturer permit it and the Quote expressly includes it.

13.4Installation and removal can create reasonable noise, vibration and dust. We will take reasonable precautions and clean the work area to the level stated in the Quote. "Clean-up" does not mean specialist whole-building cleaning unless stated.

13.5We will repair physical damage to the Site caused by our failure to use reasonable care. We are not responsible for ordinary access marks, pre-existing damage or unavoidable effects that were specifically disclosed and reasonably accepted before work.

14.1A Variation must normally be recorded in writing and state:

• the requested or discovered change;
• why it is required;
• the price increase or decrease;
• any timing effect; and
• any changed product, warranty or performance implication.

14.2Neither party is required to proceed with a Variation until it is approved, except for limited urgent action reasonably necessary to protect health, safety or property. We will notify you as soon as reasonably possible of urgent action and its likely cost.

14.3For a domestic building contract to which Victorian variation rules apply, those statutory procedures prevail.

15.1A party is not liable for delay to the extent caused by an event outside its reasonable control, provided it promptly notifies the other party, takes reasonable steps to reduce the effect, and resumes performance when reasonably possible.

15.2Such events may include an unforeseen supply-chain interruption, transport disruption, natural event, extreme weather, government restriction, utility failure, unsafe Site condition or delay caused by another contractor.

15.3This clause does not excuse a failure to disclose a known supply problem, take reasonable care, refund an amount required by law, or supply within a reasonable time where the ACL requires it.

15.4If a material delay continues for more than 30 days beyond the last notified reasonable date and the parties cannot agree a revised plan, either party may cancel the unperformed part by written notice. We will refund amounts paid for the unperformed part, less only lawful amounts for conforming Goods specially committed with your approval and Services already supplied.

16.1At Practical Completion, we will invite you or your representative to inspect the work. The parties should record any incomplete, damaged or defective item in writing.

16.2We will address items for which we are responsible within a reasonable time, taking account of product availability and the nature of the issue.

16.3You should tell us promptly about a concern so it can be investigated and further damage avoided. A seven-day inspection request may assist with visible issues, but no short notice period extinguishes a latent-defect, warranty or statutory right.

16.4Use or occupation of the floor does not by itself waive a defect or non-excludable right.

17.1We will provide or identify applicable manufacturer care, maintenance and warranty information.

17.2You must take reasonable steps to follow that information, including requirements concerning curing time, cleaning products, spills and leaks, mats and chair protection, direct sunlight, temperature and humidity, underfloor heating, wet-area use and maintenance.

17.3A failure to follow care instructions affects a warranty claim only to the extent it caused or contributed to the claimed problem. It does not remove unrelated statutory rights.

18.1In addition to all non-excludable rights, Alpha warrants its installation workmanship for two years from Practical Completion.

18.2If our workmanship is defective during that period, we will inspect the concern and, where the warranty applies, rectify the workmanship within a reasonable time at no charge for reasonable labour and materials needed for that rectification.

18.3To make a claim, contact:

Provide your name, Site address, Quote or invoice number, a description of the concern, when it was first noticed, and reasonable photographs or supporting information. We will acknowledge the claim and arrange assessment within a reasonable time.

18.4We bear reasonable inspection and rectification expenses where the claim is valid. If an inspection reasonably establishes that the issue is unrelated to our Goods or Services, we may charge a reasonable pre-disclosed inspection cost, but only where lawful.

18.5The workmanship warranty does not cover, to the extent the issue was not caused by our failure to use due care and skill:

• ordinary wear, scratching, indentation, fading or expected product ageing;
• misuse, neglect, unsuitable cleaning or failure to follow care instructions;
• flooding, plumbing leaks, external water, excessive subfloor moisture or building humidity outside product requirements;
• structural movement, substrate failure, pests, impact or damage by another person;
• unauthorised alteration, repair, removal or reinstallation;
• a defect in Customer-supplied material that we could not reasonably identify; or
• a product manufacturing defect dealt with under the ACL or manufacturer process.

18.6Product manufacturer warranties are separate. We will provide available warranty documents and reasonably assist with a manufacturer claim, but we do not redirect or avoid our own obligations as the supplier under the ACL.

18.7The benefits given to you by this warranty are in addition to other rights and remedies you have under a law in relation to the goods or services to which the warranty relates. The following mandatory statement applies:

19.1Goods and Services supplied to a Consumer Customer come with guarantees that cannot be excluded under the ACL.

19.2The remedy for a failure depends on the law and circumstances, including whether the failure is major or can be remedied. Available rights may include repair, replacement, re-supply, refund, cancellation and compensation for reasonably foreseeable loss or damage.

19.3Our two-year workmanship warranty and any manufacturer warranty are additional to, and do not replace or shorten, these rights. Consumer guarantees may continue beyond a stated warranty period.

19.4Nothing in the Contract requires a Consumer Customer to pursue a manufacturer instead of Alpha where the law gives a remedy against Alpha.

20.1If we agree to install a Customer-supplied product, the Quote must identify it and state any additional inspection, handling or compatibility assumptions.

20.2We are responsible for the due care and skill of our installation. We are not responsible for an inherent defect, shortage, incompatibility or inaccurate manufacturer information in Customer-supplied Goods that we did not cause and could not reasonably identify before installation.

20.3If additional labour or materials are required because Customer-supplied Goods are defective, incomplete or unsuitable, we will seek approval through a Variation.

21.1This clause applies only to a Business Customer and only to the extent lawful. It does not remove ACL rights that also apply to that Business Customer.

21.2If we approve credit terms, invoices are due on the date stated in the Quote or invoice. For an overdue undisputed amount, we may, after written reminder, charge simple interest at the Reserve Bank of Australia cash rate target plus 4% per annum, calculated daily, together with reasonable external recovery costs actually incurred. Do not activate this wording until Alpha confirms the formula.

21.3We may suspend further supply for a material overdue undisputed amount after giving at least five business days' written notice and a reasonable opportunity to pay or raise a genuine dispute.

21.4Title to identifiable, uninstalled Goods supplied on credit remains with us until they are paid for in full. Risk is dealt with under clause 9. We do not claim a right to enter residential premises or remove installed flooring without consent or lawful authority.

21.5To the extent a credit or retention-of-title arrangement creates a security interest under the Personal Property Securities Act 2009 (Cth), the Business Customer agrees to provide reasonable information and assistance required for a lawful PPSR registration. Do not make or charge for a registration unless Alpha's actual credit process requires it and appropriate legal/accounting review has been completed.

21.6Nothing in the Contract excludes or limits a statutory right or obligation under the Building and Construction Industry Security of Payment Act 2002 (Vic) where that Act applies.

22.1For work at a commercial, construction or managed Site, the Customer must give us before acceptance all material Site rules, induction requirements, working hours, loading restrictions, safety plans, programme constraints and head-contract conditions it asks us to accept.

22.2A head contract, subcontract, principal-contractor term or Site rule binds us only to the extent it was disclosed and expressly accepted, except for a legal safety requirement that applies regardless of contract.

22.3Each party must comply with its own occupational health and safety duties. Contract wording does not transfer or remove a statutory duty.

22.4The Quote should state the authorised Customer representative for instructions, Variations and completion approval.

23.1Nothing in this clause limits liability for a non-excludable statutory guarantee or remedy, death or personal injury caused by negligence, fraud, wilful misconduct, or any liability that cannot lawfully be limited.

23.2Where the ACL permits liability for a failure of a guarantee relating to goods or services not ordinarily acquired for personal, domestic or household use to be limited, our liability is limited, at our option and to the extent the limitation is fair and reasonable, to the remedies permitted by section 64A of the ACL.

23.3For a Business Customer to whom the ACL consumer guarantees do not apply, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when the Contract was made. This does not exclude direct physical property damage caused by a party's negligence or an express payment obligation.

23.4Each party must take reasonable steps to mitigate loss.

24.1A party raising a dispute should give written details of the issue, relevant documents and the outcome sought. The parties will first try to resolve it through good-faith discussion between authorised representatives.

24.2If it is not resolved within 10 business days, the parties may agree to mediation. Mediation is not mandatory where urgent relief is needed or a statutory process applies.

24.3Nothing in this clause prevents either party from using Consumer Affairs Victoria, the Building and Plumbing Commission, VCAT, the Victorian Small Business Commission, a court, the Security of Payment process where applicable, or another right available by law.

25.1These Terms are designed primarily for the supply of flooring and contracts involving only installation of floor coverings.

25.2If a residential scope includes additional trades, structural work, permit work or other work that makes it a domestic building contract governed by Victorian domestic building law, mandatory law prevails.

25.3Where a major domestic building contract is required, the parties must enter the required separate compliant contract and complete all required consumer-guide, registration, insurance/Home Warranty, deposit, payment, variation and cooling-off steps before work or payment. That compliant contract prevails over these Terms to the extent of any inconsistency.

25.4Alpha must not split a broader project into smaller contracts or describe multi-trade work as floor-covering-only work to avoid a legal requirement.

26.1We handle personal information in accordance with our Privacy Policy and applicable privacy law.

26.2We may use contact and Site information to quote, schedule, deliver, install, invoice, administer warranties, manage disputes and comply with law. We will not use project photographs for marketing without consent where a person, private area or identifying detail is reasonably recognisable.

27.1Contract notices may be sent to the email, postal address or other contact stated in the Quote. A party must promptly notify the other of a change.

27.2A notice sent by email is taken received when it becomes capable of being retrieved at the recipient's nominated address, unless the sender receives a delivery-failure notice. This does not override a statutory method of service.

28.1The Contract is governed by the laws of Victoria, Australia. The parties submit to courts and tribunals with jurisdiction, subject to any non-excludable right to bring a claim elsewhere.

28.2A failure or delay in enforcing a right is not a waiver.

28.3If a provision is invalid or unenforceable, it is read down to the extent necessary or severed, while the remaining provisions continue.

28.4Neither party may assign the whole Contract without the other's consent, not to be unreasonably withheld. This does not prevent us using subcontractors under clause 2.6.

28.5The Contract records the parties' agreement about its subject matter. It does not exclude a representation or right that cannot lawfully be excluded. Any agreed amendment must be in writing.

28.6Headings aid readability and do not change interpretation. "Including" is not limiting. A reference to legislation includes amendments and replacements.