Terms and Conditions | Stella Trades

STELLA TRADES PTY LTD PRIVACY POLICY

Stella Trades Pty Ltd
ABN: 69 694 749 776
Address: Parafield Gardens SA 5107
Phone: (08) 7228 0502
Email: admin@stellatrades.com.au
Website: stellatrades.com.au

Effective Date: March 3, 2026

Stella Trades is committed to protecting your privacy in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). This Privacy Policy explains how we collect, use, disclose, and manage your personal information.

1. COLLECTION OF PERSONAL INFORMATION

Stella Trades collects personal information to provide plumbing, electrical, and air conditioning services. The types of information we may collect include:

Contact details: Name, address, phone number, email address
Service details: Property address, service requirements, job history
Payment information: Credit card details, bank account details (for direct debit)
Identification: Driver's license, proof of ownership (where required)
Emergency contact details (for after-hours services)
CCTV footage (at our premises for security purposes)

We collect this information when you:

Request a quote or booking
Make a service call
Complete forms or contracts
Make payments
Contact us via phone, email, or website

2. HOW WE COLLECT INFORMATION

Direct collection: Most information is collected directly from you during service bookings, phone calls, emails, or in-person visits.

Indirect collection: We may collect information from:

Third-party tradespeople or contractors working on your property
Credit reporting agencies (for payment arrangements)
Public sources (for debt recovery)

3. USE OF PERSONAL INFORMATION

We use your personal information for:

Primary purposes:

Processing service bookings and quotes
Scheduling and performing plumbing, electrical, and air conditioning work
Processing payments and issuing invoices
Communicating about service progress and follow-ups
Providing after-sales support and warranty services

Secondary purposes:

Customer service and support
Marketing our services (with consent)
Internal record keeping and quality assurance
Legal compliance and dispute resolution
Debt recovery where necessary

4. DISCLOSURE OF PERSONAL INFORMATION

We may disclose your personal information to:

Service providers: Licensed tradespeople, payment processors, accounting services
Related businesses: For coordinated service delivery
Debt collectors: For overdue accounts
Government agencies: For licensing, compliance, or legal requirements
Insurers: For warranty claims or insurance purposes
Law enforcement: As required by law

We do not sell, rent, or trade your personal information to third parties for marketing purposes.

5. OVERSEAS DISCLOSURE

Stella Trades does not disclose personal information to overseas recipients.

6. DATA SECURITY

We take reasonable steps to protect personal information by:

Secure storage of paper and electronic records
Password protection and encryption where appropriate
Access controls for staff and contractors
Secure payment processing systems
Regular software updates and security training

7. ACCESS AND CORRECTION

You may request access to your personal information or request correction by contacting us. We will respond within a reasonable time and may charge a reasonable fee for processing complex requests.

Contact for access/correction:

Email: admin@stellatrades.com.au

Phone: (08) 7228 0502

8. COMPLAINTS

If you believe we have breached the Australian Privacy Principles, please contact us. We will:

Acknowledge your complaint within 7 business days
Investigate and respond within 30 days
Take corrective action where appropriate

9. COOKIES AND WEBSITE TRACKING

Our website (stellatrades.com.au) may use cookies to improve user experience. You can manage cookie preferences through your browser settings. We do not use tracking technologies for advertising purposes.

10. MARKETING COMMUNICATIONS

We may send you service reminders, special offers, or industry updates via:

Email
SMS
Phone

You can opt-out at any time by:

Unsubscribing from emails
Replying "STOP" to SMS
Contacting us directly

11. RETENTION OF INFORMATION

We keep personal information for as long as necessary to:

Fulfill service obligations
Comply with legal requirements (typically 7 years for tax records)
Resolve disputes or claims

After this period, we securely destroy or de-identify the information.

12. CHANGES TO THIS POLICY

Stella Trades may update this Privacy Policy from time to time. Changes will be posted on our website and notified to customers where appropriate.

Stella Trades Pty Ltd Pty Ltd
ABN 69 694 749 776

TERMS AND CONDITIONS OF TRADE

1. Application and Acceptance
These Terms and Conditions apply to all agreements for goods and services provided by Stella Trades Pty Ltd ("we", "us", "our") and supersede any customer terms. By accepting our quote, signing this document, or instructing us to proceed (including by email or SMS), you accept these terms in full and are bound by them. Full comprehensive terms and conditions are available on request or at stellatrades.com.au/terms. Where more than one person is named as customer, each person is jointly and severally liable for all payments.

2. Quote Validity and Pricing
Quotes are valid for 30 days from the date issued. If a quote is not accepted within this period, or work is delayed due to reasons beyond our control, we may adjust the price to our current rates. The price payable is the amount stated in our quote and order, subject to any variations you approve in writing.

3. Payment Terms
Payment is due at the earliest of: the date stated on your order, delivery of goods, commencement of services, or completion of work. We accept cash, bank transfer, credit card and other methods agreed in advance. Payment must be made in clear funds to our bank account (not cheques unless pre-arranged). If you do not pay on time, we may immediately suspend or stop work, withhold delivery, and treat the contract as terminated. Late payments incur interest at 2.5% per month (compounding) from the due date until paid in full. You must also pay all our reasonable debt recovery costs, including collection fees, legal costs and court fees. You cannot deduct or set-off any amount from the invoice unless we agree in writing first.

4. Deposit and Progress Claims
A deposit may be required before work commences, as stated in your quote. Any deposit is non-refundable if you cancel the work (subject to your legal rights). For larger jobs, we may request progress payments at specified stages. You must pay each progress claim when due. If you do not, we stop work without liability to you.

5. Variations
Any change to the scope of work, additional work, or variation from the agreed specification will be treated as a variation. We will provide a written quote for any variation before starting the work. You must notify us within 5 days whether you accept the variation quote. If you do not accept within this time, we are not obliged to perform the variation work. Emergency work to prevent injury to persons or damage to property may proceed without a prior quote, and you must pay our reasonable costs for this emergency work.

6. Delivery, Access and Timelines
Goods and services will be delivered to the address you nominate. You must obtain all necessary consents (including from Body Corporate or strata management), provide safe access to the site, and remove furniture or personal items that may impede our work. You are responsible for any loss or damage caused by failure to provide safe access. Delivery and performance dates are estimates only and are not guaranteed. We are not liable for delays caused by events beyond our control (weather, supply shortages, material delays, etc.), and may extend time or cancel without liability. You cannot cancel due to delays in our estimated timeframe.

7. Risk, Insurance and Title
Risk in goods passes to you when delivered or made available for collection. You must insure goods from that point—we do not. Title (ownership) in goods remains with us until all amounts owing to us are paid in full, including any other work. Until you have paid in full, you must keep goods in the same condition, clearly marked as our property, and return them on request. If you do not return goods, we may enter your premises to recover them at your expense.

8. Inspecting and Reporting Defects
You must inspect goods and work as soon as possible. You must notify us in writing within 7 days of delivery or completion if you believe there is any defect, damage, shortage or failure to match the order. Defective goods must be returned within 14 days in the same condition with original packaging, and only after we approve the return in writing. If you fail to notify us within 7 days, goods are presumed to be in order and free from defect. If we accept that goods are defective, we will (at our choice) replace them or refund the purchase price. If you want to return non-defective goods, we may accept at our discretion and will charge a 25% handling fee plus freight costs.

9. Warranty and Workmanship
We provide a 12-month workmanship warranty on all installation work (plumbing, electrical, air conditioning and heating), except where damage is caused by external factors, misuse, lack of maintenance, or factors beyond our control. Goods supplied with a manufacturer's warranty are covered by that warranty only (in addition to your legal rights). For goods and services without a manufacturer's warranty, we warrant they are fit for purpose and performed in a proper workmanlike manner. Our liability for breach of warranty is limited to repair, replacement or refund at our option. If defects occur, you must notify us and give us a reasonable opportunity to inspect and repair. We are not liable for costs of removing or replacing other items around defective work—only the defective item itself.

10. Compliance and Standards
All work complies with the Building Code of Australia and relevant Australian Standards for your trade (plumbing AS/NZS 3500 series, electrical AS/NZS 3000, air conditioning, heating). We provide appropriate certificates and compliance documentation on completion. For plumbing: blocked drains may reoccur despite clearing, as underlying issues (breaks, roots, cracks) may remain. We give no warranty that clearing will prevent future blockages. If our equipment becomes lodged, you pay removal costs. For air conditioning: you must maintain the system per manufacturer guidelines to keep warranty valid. We are not responsible for refrigerant loss or performance issues from lack of maintenance.

11. Liability Limits
To the maximum extent permitted by law, our total liability for any claim is limited to the price you paid for the specific goods or services involved. All other warranties, guarantees and conditions are excluded except those required by the Australian Consumer Law. Where permitted and fair, our liability is limited to repair, replacement, re-supply of services, or refund at our option. We are not liable for indirect, consequential or financial losses. Neither party is liable for failure to perform due to events beyond reasonable control (natural disasters, war, strikes, fire, flood, etc.).

12. PPSA Security
You grant us a purchase money security interest in goods supplied until paid in full, and in any proceeds of their sale. This is registered under the Personal Property Securities Act 2009. You must assist us with registration and not take any action that affects our security priority. You also charge your real property to us as security for payment of all amounts owing.

13. Termination
We may terminate the contract immediately if you breach any terms, fail to pay, become insolvent, or do not maintain required consents or insurance.

14. Special Offers and Discounts
Discounts apply only to goods and services, not to inspection or call-out fees. Only one discount per job. Fixed-price specials cover that item only and exclude call-out fees unless stated.

15. Third-Party Finance
If you use third-party finance, it must be approved before work starts. You remain responsible to pay us in full and on time regardless of finance arrangements. Finance terms are separate to our contract.

16. Privacy
We comply with the Australian Privacy Principles. Our Privacy Statement is available on request or at our website.

17. Disputes
If a dispute arises, the complaining party must provide written notice describing the issue and proposed solution. Both parties will attempt resolution in good faith. If money is in dispute, it may be placed in escrow while negotiations continue.

18. General
These terms are governed by South Australian law and the South Australian courts. If any part is invalid, the rest continues in force. No amendment is valid unless we confirm in writing. You must notify us at least 14 days before any change of ownership, control or contact details. GST (if applicable) is payable in addition to the quoted price.

Acceptance:
I/We have read, understood and agree to be bound by these Terms and Conditions.

Stella Trades Pty Ltd Pty Ltd
ABN 69 694 749 776

TERMS AND CONDITIONS OF TRADE

1. APPLICABILITY & INTERPRETATION

These terms and conditions apply to any and all agreements for the provision of Goods and Services by Stella Trades Pty Ltd and supersede any contrary terms and conditions of the Customer.
Stella Trades Pty Ltd may amend these Terms and Conditions, its policies or any notices from time to time at its discretion. The Customer will be bound by any amended, revised and/or updated Terms and Conditions notified to the Customer from time to time.
In these Terms and Conditions and any Contract to which these Terms and Conditions apply, unless the context otherwise requires:
i. words importing the singular include the plural and vice versa;
ii. a reference to:
1. a person includes a corporation, a government entity and bodies politic;
2. a statute, ordinance, code or other law includes regulations under it and any consolidations, amendments, re-enactments or replacements;
  iii. where more than one Customer has entered into this Contract, each Customer shall be jointly and severally liable for all payments of the Price.

2. DEFINITIONS

"Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Commonwealth) and any other consumer protection legislation in force in Australia.
"Contract" means this contract for the sale of Goods or Services by Stella Trades Pty Ltd to the Customer and includes any plans and drawings prepared for the proposed Services.
"Customer" shall mean the person who places an Order for the Goods or Services from Stella Trades Pty Ltd and includes any person acting on behalf of and with the authority of the Customer.
"Goods" shall mean goods and products supplied by Stella Trades Pty Ltd to the Customer and where the context so permits shall include the supply of any Services from Stella Trades Pty Ltd to the Customer.
"GST" has the meaning given to it in the "GST Act" being a New Tax System (Goods and Services Tax) Act 1999 (Cth).
"Liability" means all liability whatsoever and howsoever arising including but not limited to any liability for damages and loss, liquidated damages, loss of profit, loss of revenue, loss of use, economic or indirect and consequential loss.
"Order" means any order for the purchase of Goods or the supply of Services placed by the Customer with Stella Trades Pty Ltd.
"PPSA" means the Personal Properties Security Act 2009 (Cth).
"Price" shall mean the cost of the Goods as agreed between Stella Trades Pty Ltd and the Customer subject to any adjustment or variation in accordance with the terms of this Contract.
"Quote" means the estimated Price given by Stella Trades Pty Ltd to the Customer to supply the Goods or perform the Services.
"Seller" shall mean Stella Trades Pty Ltd and its successors and assigns in each applicable State and Territory.
"Services" shall mean all services supplied by Stella Trades Pty Ltd to the Customer, including Plumbing, Electrical and Air Conditioning services, and includes any advice or recommendations and where the context so permits shall include any supply of Goods.

3. ACCEPTANCE

The acceptance of the Quote and placement of an Order by the Customer by signature, email or SMS text message constitutes unqualified and irrevocable acceptance by the Customer to be bound by these Terms and Conditions, which may only be varied and/or rescinded strictly in accordance with these Terms and Conditions.
No contractual obligation shall arise until Stella Trades Pty Ltd has accepted an Order from the Customer.
The Customer represents and warrants to Stella Trades Pty Ltd that all information and representations that the Customer, or any person acting on their behalf, has given in connection with transactions are true and correct and that the Customer has not failed to disclose anything relevant to Stella Trades Pty Ltd' decision to have dealings with the Customer and that no court proceedings or dispute is current that may have an adverse effect on performing the Customer's obligations under this agreement.

4. GOODS AND SERVICES

The Goods and Services are described in the Quote and Order as provided by Stella Trades Pty Ltd to the Customer.
The Goods and Services supplied by Stella Trades Pty Ltd shall, to the extent that it is Stella Trades Pty Ltd' obligation to do so, comply with:
i. the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979;
ii. all other relevant codes, standards and specifications that the work is required to comply with under any law;
iii. the conditions of any relevant development consent or complying development certificate.
Stella Trades Pty Ltd will not be liable to the Customer for any liability, loss or damage for a failure to comply with the terms of clause 4.2 where:
i. the design or specification is prepared by or on behalf of the Customer including its consultants and expert advisors (but not Stella Trades Pty Ltd); or
ii. the design or specification is requested by the Customer and Stella Trades Pty Ltd has advised the Customer in writing that the design or specification does not comply with the requirements set out in clause 4.2 and/or do not comply with the Statutory Warranties set out in section 18B of the Home Building Act 1989.

5. PRICE & PAYMENT

The Price payable by the Customer for the Goods and Services shall be the Price set out in the Order if Stella Trades Pty Ltd' Quote is accepted within thirty (30) days of the date of the Quote. If Stella Trades Pty Ltd' Quote is not accepted within the thirty (30) day period or Stella Trades Pty Ltd is delayed in commencing the date for provision of the Goods or Services due to delays not caused by Stella Trades Pty Ltd, the Price shall be Stella Trades Pty Ltd' then current price for the Goods and Services at the date of delivery of Goods or performance of the Services, according to Stella Trades Pty Ltd' current Price list.
Payment of the Price shall be made by the Customer:
i. by cash, or by bank cheque, or by credit card, or by direct credit, or by any other method agreed prior by Stella Trades Pty Ltd;
ii. at the time of placement of the Order or if no time is stated on the Order then on the earlier of delivery of the Goods or commencement of the Services; or
iii. where progress payments or instalments are agreed in the Order at the time each progress payment or instalment is due.
The Customer acknowledges that Stella Trades Pty Ltd may cease works, stop the works or refuse to release the Goods where the Customer has not paid the Price, instalment or progress payment on the due date. Payment by the Customer will only be recognised by Stella Trades Pty Ltd when the payment is received in clear funds into Stella Trades Pty Ltd' bank account or when cheques provided for payment have cleared.
Any variation from the plan of scheduled works, specifications or additional works that may have not been reasonably anticipated by Stella Trades Pty Ltd for the provision of the Goods and Services will be charged as a variation (Variation). If a Variation is required:
i. Stella Trades Pty Ltd will provide the Customer with a Quote for the Variation prior to commencing the Variation and the Customer must notify Stella Trades Pty Ltd whether it accepts the Variation as soon as possible but no later than five (5) days after receiving the Variation request;
ii. If the Customer does not accept the Variation within the five (5) day period, Stella Trades Pty Ltd is not obliged to perform the Variation. If the Customer accepts the Variation, the Customer must pay for the costs of the Variation on the earlier of the next instalment date or on the date of completion of the works.
The Customer acknowledges that Stella Trades Pty Ltd may be required to carry out emergency works in order to prevent injury to persons or damage to property and in such circumstances will not be required to provide a Quote prior
to undertaking the works. The Customer shall be liable to pay Stella Trades Pty Ltd the reasonable costs and expenses incurred with an emergency Variation.
At Stella Trades Pty Ltd' sole discretion, a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable prior to the commencement of any works. Subject to these terms and conditions, any deposit paid by the Customer upon acceptance of the Order by Stella Trades Pty Ltd is non-refundable in the event of the work being cancelled by the Customer.
Time for payment of the Price is of the essence. If the Customer fails to pay the Price when due in accordance with this clause 5, Stella Trades Pty Ltd may:
i. treat the Contract as repudiated by the Customer;
ii. suspend Delivery of the Goods or Services the subject of the Contract and any Goods or Services the subject of any other Contract with the Customer, without incurring any Liability to the Customer in respect of such treatment or suspension; and
iii. without prejudice to the rights of Stella Trades Pty Ltd under the Contract, if the Customer fails to pay the Price when due, the Customer must pay interest to Stella Trades Pty Ltd on the outstanding amount of the Price at the rate of 2.5% per month compounding monthly from the date due until the date of actual payment.
The Customer is not entitled to make any deduction from the Price (including, but not limited to, in respect of any set-off or counterclaim) unless agreed in writing prior by Stella Trades Pty Ltd.
The Customer must pay Stella Trades Pty Ltd an amount equal to any reasonable expenses, costs or disbursements incurred by Stella Trades Pty Ltd in recovering any outstanding monies owed by the Customer to Stella Trades Pty Ltd (including, but not limited to; debt collection fees, Court costs and solicitors' costs on an indemnity basis) or enforcing any default or breach of this Contract by the Customer. By accepting payment of any sum after its due date, Stella Trades Pty Ltd does not waive its right either to require payments as they fall due or to suspend or end arrangements.
If a detailed report is requested by the Customer for the Services carried out by Stella Trades Pty Ltd in addition to the standard invoice and description of the work and Services, Stella Trades Pty Ltd reserves the right to charge an appropriate hourly rate for compiling, preparing and submitting the report. The charge will be a minimum of $250 plus GST and will be estimated depending on the scope of the work required to prepare the report. If the Customer does not agree to pay the estimated cost of a detailed report, Stella Trades Pty Ltd will be under no obligation to provide the report requested. Stella Trades Pty Ltd also reserves the right to request payment in advance for the costs of preparing the detailed report.
Stella Trades Pty Ltd may terminate this Contract, without liability to the Customer, if the Customer does not authorise the Variation and Stella Trades Pty Ltd cannot reasonably proceed with the Services without undertaking the works proposed under the Variation.

6. DELIVERY OF GOODS & SERVICES

Delivery of Goods and Services shall be made to the Customer's nominated address stipulated in the Order.
It is the Customer's responsibility to:
i. obtain all consents (including Body Corporate if the property is part of a Strata Plan) and to make all arrangements to provide Stella Trades Pty Ltd with access to the site where the Goods and Services are to be delivered and performed;
ii. provide Stella Trades Pty Ltd with full details of any statutory restrictions or consents which may affect Stella Trades Pty Ltd in delivering the Goods or performing the Services; and
iii. provide Stella Trades Pty Ltd, its contractors and employees with safe and reasonable access to the site where the Services are to be performed or to where the Goods will be delivered, including the removal of any furniture or personal items that may impede access (the Customer takes full responsibility for any loss or damage caused due to the Customer not taking reasonable action to minimise the risk of damage);
iv. to allow Stella Trades Pty Ltd' employees and contractors to deliver the Goods and perform the Services during usual business hours.
Any time or date nominated or accepted by Stella Trades Pty Ltd for performance, delivery, despatch, or arrival of the Goods or performance of the Services is an estimate only and does not constitute a term or condition of these Terms and Conditions or of the Contract.
Stella Trades Pty Ltd is not liable for the consequences of any delay as a result of any cause outside the reasonable control of Stella Trades Pty Ltd, notwithstanding that any such cause may be operative at the time of entering the Contract or accepting an Order. In these circumstances, Stella Trades Pty Ltd may reasonably extend the time for performance, delivery, despatch or arrival of the Goods or performance of the Services or cancel the Contract without incurring any Liability.
Time for performance, delivery, despatch or arrival of the Goods or performance of the Services is not of the essence of the Contract and the Customer may not cancel the Contract for any failure by Stella Trades Pty Ltd to deliver the Goods or perform the Services by the estimated date.
Unless otherwise stated in writing, Stella Trades Pty Ltd may make any partial deliveries of the Goods or performance of the Services by instalments in any amounts Stella Trades Pty Ltd may determine, and these Terms and Conditions apply to each partial delivery or instalment. Each part or instalment is taken to be sold under a separate Contract incorporating these Terms and Conditions.
Stella Trades Pty Ltd may cancel the delivery of Goods or Services at any time before the Goods are delivered by notice in writing to the Customer. Stella Trades Pty Ltd shall not be liable for any loss or damage whatever arising from such cancellation.

7. TRANSFER OF TITLE

Title in the Goods remains with Stella Trades Pty Ltd until the Goods as well as any other amounts owing by the Customer to Stella Trades Pty Ltd have been paid for in full. Until title in the Goods passes, the Customer must hold the Goods on a fiduciary basis as bailee for Stella Trades Pty Ltd, keep the Goods separate from all other goods in its possession and marked in such a way that they are clearly identified as property of Stella Trades Pty Ltd; and upon request, deliver up the Goods to
Stella Trades Pty Ltd. If the Customer fails to deliver up the Goods, Stella Trades Pty Ltd may, without notice, enter the Customer's premises to recover the Goods.
The Customer must not deal with or dispose of the Goods until title in the Goods has passed to the Customer.
On default in payment, the Customer irrevocably permits Stella Trades Pty Ltd or any person authorised by Stella Trades Pty Ltd in writing upon reasonable notice to enter the Customer's premises or the premises where the goods are reasonably believed by Stella Trades Pty Ltd to be held on the Customer's behalf. The Customer also agrees to indemnify and hold Stella Trades Pty Ltd harmless for all reasonable costs and expenses of recovery of the goods and losses, if any, on their resale.
The Customer agrees to sign documents or do all things necessary to perfect Stella Trades Pty Ltd' rights under the agreement and appoints Stella Trades Pty Ltd as attorney to sign any document or do anything that may reasonably be required to enforce Stella Trades Pty Ltd' rights on default.

8. RISK

The Goods or Services are supplied to the Customer at the Customer's own risk from the time that Stella Trades Pty Ltd notifies the Customer that the Goods or Services are available for collection or delivered. Notwithstanding that title may remain with Stella Trades Pty Ltd, the Customer shall insure the full value of the Goods from this date, and Stella Trades Pty Ltd is not under any obligation to insure the Goods from this date.
Whilst the Goods are in the possession of the Customer before title in the Goods has passed, the Customer must, at its sole expense, keep the Goods in the same condition as that in which they were delivered and make good any damage or deterioration.

9. RETURN OF DEFECTIVE GOODS & SELLER'S WARRANTY

In addition to any other rights the Customer may have under the Australian Consumer Law and subject to any rights Stella Trades Pty Ltd may have under the Australian Consumer Law or otherwise, Stella Trades Pty Ltd will accept a return of defective Goods from the Customer if:
i. the Customer notifies Stella Trades Pty Ltd within seven (7) days of receiving the Goods of any alleged defect, shortage in quantity, damage or failure to comply with the description or Order;
ii. the Goods are in the same condition as they were in when supplied to the Customer and their packaging is undamaged; and
iii. the Goods are returned to Stella Trades Pty Ltd by the Customer within 14 days of their Delivery including deemed Delivery, but only after having received Stella Trades Pty Ltd' express written approval to return the Goods.
If the Customer fails to comply with the terms of clause 9.1, the Goods shall be conclusively presumed to be in accordance with the terms of the Order and free from any defect, damage or shortage of quantity.
If the Goods are defective and returned to Stella Trades Pty Ltd strictly in accordance with the terms of clause 9.1, Stella Trades Pty Ltd shall, at its discretion:
i. replace the Goods; or
ii. refund the Customer's purchase Price or part of the Price where only part of the Goods delivered are defective.
If the Customer wishes to return Goods that are not defective or faulty, Stella Trades Pty Ltd may in its absolute discretion accept the return of the Goods and will charge the Customer a 25% handling charge plus the transport and freight costs incurred by Stella Trades Pty Ltd.
If the Goods and Services supplied by Stella Trades Pty Ltd come with a manufacturer's warranty, the only warranty given by Stella Trades Pty Ltd shall be the warranty received from the manufacturer, subject to any provision set out in the Australian Consumer Law, and Stella Trades Pty Ltd shall not be obliged to provide any warranty greater than the manufacturer's warranty.
Stella Trades Pty Ltd warrants that any Services provided by Stella Trades Pty Ltd or Goods supplied that do not come with a manufacturer's warranty will be free from defect, fit for their intended purpose and performed in a proper and workman-like manner. Any breach of this warranty by Stella Trades Pty Ltd shall be limited to the replacement of the Goods and Services or a refund of the Price and under no circumstances will Stella Trades Pty Ltd be liable to the Customer for any Liability, indirect or consequential losses or damages.
If there is a defect in the Goods and Services supplied by Stella Trades Pty Ltd, the Customer acknowledges and agrees that it shall notify Stella Trades Pty Ltd of the alleged defect, provide Stella Trades Pty Ltd with a reasonable opportunity to inspect the alleged defect and if Stella Trades Pty Ltd agrees the Goods or Services are defective, then provide Stella Trades Pty Ltd with a reasonable opportunity to return and repair the agreed defective Goods or Services. Stella Trades Pty Ltd shall not be liable to pay for the costs or expense for any parts, materials, items or goods situated within the area of the defective works and shall only be liable for the repair and/or replacement of the original Goods or Services supplied.
On completion of the work, Stella Trades Pty Ltd will remove from the site all plant and equipment and dispose of all rubbish, excavated material, vegetation, demolished or dismantled structures and surplus material relating to the work if included in Stella Trades Pty Ltd' quote unless agreed otherwise in the Order. All demolished, dismantled and surplus material will be the property of the contractor unless otherwise specified in the description of work.
Without waiver of Stella Trades Pty Ltd' rights under this Contract, Stella Trades Pty Ltd will make good any loss or damage to the work or property of the Customer directly caused by Stella Trades Pty Ltd or Stella Trades Pty Ltd' employees, agents or subcontractors and such repair or replacement work will be limited to the damaged area only and is on a like for like basis, not new for old.

10. BREACH AND CUSTOMER INSOLVENCY

Stella Trades Pty Ltd may, without prejudice to any other claim or right Stella Trades Pty Ltd may have, terminate the Contract immediately and any other Contract, agreement or arrangement with the Customer then subsisting if:
i. The Customer defaults on or breaches its obligations to Stella Trades Pty Ltd, whether under the Contract or otherwise;

ii. Any distress or execution is levied upon the Customer;
iii. The Customer makes, or enters into any negotiations for, any arrangement or composition with its creditors or any of them;
iv. The Customer commits any act of bankruptcy or if any petition in bankruptcy is presented against it;
v. The Customer is a corporate body and the Customer becomes insolvent or goes into liquidation or if a receiver of the Customer's assets or undertaking or any part of the Customer's assets is appointed;
vi. The Customer is unable to pay its debts;
vii. The Customer has cancelled or threatened to cancel a payment; or
viii. Any consents, authorisations, licences or insurances which the Customer is obliged to obtain and maintain are not obtained or maintained in full force and effect.

11. EXCLUSION OF LIABILITY

To the extent permitted by law, Stella Trades Pty Ltd' total Liability for any claim under or in relation to a Contract or these Terms and Conditions is limited to the Price paid by the Customer for the Goods or Services the subject of the claim.
Nothing in these Terms and Conditions is to be taken to exclude, restrict or modify any guarantee, condition or warranty that Stella Trades Pty Ltd is prohibited by law from excluding, restricting or modifying. If such a statutory guarantee applies to these Terms and Conditions or to the Contract and Stella Trades Pty Ltd breaches it, Stella Trades Pty Ltd, where it is lawful to do so and fair and reasonable to do so, limits its Liability, at Stella Trades Pty Ltd' option, to:
i. in the case of Goods:
1. the replacement of the Goods or the supply of equivalent goods;
2. the repair of Goods;
3. the payment of the cost of replacing the Goods or of acquiring equivalent goods;
4. the payment of the cost of having the Goods repaired; or
5. refund the Price or part of the Price.
  ii. in the case of Services:
6. supplying of the Services again;
7. the payment of the cost of having the Services supplied again; or
8. refund the Price or part of the Price.
To the extent permitted by law, all other guarantees, conditions, warranties, representations or Liabilities (including Liability as to negligence) are excluded, other than those expressly referred to in these Terms and Conditions or in the Contract.
For the avoidance of doubt, other than as set out above, Stella Trades Pty Ltd gives no guarantee, condition, warranty or undertaking of any kind as to the condition, quality or safety of the Goods or Services or the suitability or fitness of the Goods or Services for any purpose unless expressly stated otherwise in these Terms and Conditions.
In the case of any deviations in the quantity of Goods Delivered from those stated in the Contract:
i. Where less Goods have been delivered than those stated in the Contract, the Customer has no right to reject the Goods;
ii. Where more Goods have been delivered than those stated in the Contract, the Customer, subject to clause 11.5.3, has the right to reject any Goods in excess of the quantity stated in the Contract and is not bound to pay for any quantity of Goods in excess of the quantity stated in the Contract unless it agrees to keep them; and
iii. If the Customer rejects any Goods in excess of the quantity stated in the Contract, the Customer must notify the Company immediately and keep excess Goods in same condition as that in which they were delivered, and if requested by Stella Trades Pty Ltd, deliver the excess Goods to Stella Trades Pty Ltd at Stella Trades Pty Ltd' reasonable expense.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or any other event beyond the reasonable control of the party in default provided that such default shall be remedied as soon as practicable after the event has ceased.

12. PPSA SECURITY INTEREST & SECURITY

In relation to Goods that have been delivered but for which the Price or any part thereof has not been paid, the Customer grants to Stella Trades Pty Ltd a purchase money security interest, as defined in the Personal Property Securities Act 2009 (PPSA), in the Goods and any proceeds of the sale of the Goods ("PMSI") to secure the Price of the Goods and payment due.
The Customer agrees not to do or permit anything to be done that may result in the PMSI granted to Stella Trades Pty Ltd ranking in priority behind any other security interest (as defined in the PPSA).
The Customer will take such further steps (including obtaining consents, supplying information, signing forms or executing documents) which may be required by Stella Trades Pty Ltd to take further or better security under the PPSA in respect of the Goods and proceeds of sale of the Goods or to maintain the effectiveness or priority of any security interest under the PPSA.
The costs of registering a financing statement in relation to the PPSA will be paid by the Customer.
Stella Trades Pty Ltd and the Customer agree that nothing in sections 125, 132 (3) (d), 132 (4), 135, 142 and 143 of the PPSA shall apply to the Contract and these Terms and Conditions, or the security thereunder, and to the extent permitted by the PPSA agree to waive and contract out of the right to receive any notice or statement under sections 95, 118, 124, 123, 130, 132 (3)(d), 132 (4) and 157. Stella Trades Pty Ltd and the Customer also contract out of each other provision of Part 4.3 of the PPSA, under sections 115 (7) and 116 (2), but only to the extent that the provisions impose obligations on Stella Trades Pty Ltd. Stella Trades Pty Ltd and the Customer will not disclose information of a kind mentioned in section 275 (1) of the PPSA, unless required by law (other than section 275 (1) of the PPSA).
The Customer charges, subject to any applicable law, as beneficial owners and as trustee of every trust all the Customer's land and real property (including land and real property acquired in the future) in favour of Stella Trades Pty Ltd to secure the payment of monies and the performance of the Customer's obligations under this Contract. In this clause "trust" means each trust for which the Customer holds land or real property as trustee.
If the Customer is the trustee of any Trust, it is bound by these terms and conditions and charges its land and real property as trustee and it is a proper exercise of the Customer's authority and power under the trust instrument and at law to trade with Stella Trades Pty Ltd and to charge its land in accordance with these terms and conditions.

13. BUILDING CONSTRUCTION INDUSTRY SECURITY OF PAYMENTS ACTS 1999

Invoices issued by Stella Trades Pty Ltd are issued in accordance with the terms of the Building and Construction Industry Security of Payment Acts 1999 and any corresponding legislation at the place where the Goods are delivered or where the Services are performed.

14. PRIVACY

Stella Trades Pty Ltd will comply with the Australian Privacy Principles in all dealings with Customers. A copy of the Stella Trades Pty Ltd Privacy Statement is available upon request or by visiting our website.

15. MISCELLANEOUS

The Customer is, as between the parties, liable for and must pay all stamp duty on or relating to these Terms and Conditions, the Contract or any related document.
No alteration may be made by the Customer to any other part of the Contract including these Terms and Conditions unless expressly accepted in writing by Stella Trades Pty Ltd and confirmed in writing by Stella Trades Pty Ltd. Stella Trades Pty Ltd' agents, representatives or contractors are not authorised to make any representations, statements, warranties or agreements on behalf of Stella Trades Pty Ltd which vary the terms of this Contract and Stella Trades Pty Ltd will not be bound by or liable for any such representations, statements, warranties or agreements.
A single or partial exercise or waiver of a right relating to these Terms and Conditions or the Contract will not prevent any other exercise of that right or the exercise of any other right.
These Terms and Conditions are governed by, and are to be construed in accordance with, the laws of South Australia. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia.
Should any part of the Terms and Conditions, or the Contract, be held to be void or unlawful, these Terms and Conditions, or the Contract, are to be read and enforced as if the void or unlawful provisions or part provision had been deleted.
No course of prior dealing between the parties and no usage of trade are to be relevant to amend, supplement or explain any term used herein.
If GST is imposed on any supply made under or in accordance with these Terms and Conditions, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount must be made at the same time as payment for the taxable supply is required to be made in accordance with these Terms and Conditions. The terms "supply", "tax invoice", "recipient", and "taxable supply" when used in this Section have the meanings given to them in the GST Act.
The Customer must no later than 14 days prior to any proposed change of either ownership, shareholding, effective control, directors of the Customer or change in any contact and address details notify Stella Trades Pty Ltd of the proposed change.

16. NOTICES

Any notice required to be made under these Terms and Conditions or in relation to recovery of costs must be in writing, in the English language and may be given by an agent of the sender and delivered to the address of the party included in the Contract or Order, unless a different address has been notified in writing by that party, in accordance with any means authorised by law, including electronically.
A notice given by:
i. Post is taken to be received, if posted within Australia to an Australian address, three days after posting; and
ii. Email is taken to be received when the sender receives the email; and
iii. Facsimile is taken to be received when the sender's facsimile machine produces a transmission report stating that the facsimile was sent to the addressee's facsimile number.

17. PLUMBING SERVICES

Blocked drains usually indicate pipelines are not operating efficiently or as intended and may contain breakages, cracks, negative fall, sanitary hygiene products, foreign objects or tree root entry. The drain line cannot be repaired or rectified by just clearing on its own. Once cleared, Stella Trades Pty Ltd gives no warranty that the same problem will not happen again. If Stella Trades Pty Ltd equipment becomes lodged in the Customer's faulty drain, it will be removed at the Customer's expense.
The Customer recognises that blocked drains require at times extensive work and can entail significant labour to isolate the problem area. Stella Trades Pty Ltd will obtain the necessary consent of the Customer prior to undertaking the work. The Customer's acceptance of this substantial labour is recognised by the Customer accepting the Quote by written signature.
All plumbing work must comply with the Building Code of Australia, Australian Standards (AS/NZS 3500 series), and South Australian plumbing regulations.
Stella Trades Pty Ltd will ensure proper installation, testing and certification of all plumbing work.
A 12-month workmanship warranty is provided on all plumbing installation work, except where components have been damaged by external causes or misuse.

18. ELECTRICAL SERVICES

All electrical work must comply with the Building Code of Australia, the National Electrical Code (AS/NZS 3000), and South Australian electrical safety regulations.
Stella Trades Pty Ltd' licensed electricians will ensure all work is safe, compliant and certified. The Customer must advise Stella Trades Pty Ltd of any specific requirements or existing electrical issues prior to work commencing.
A 12-month workmanship warranty is provided on all electrical installation work, except where components have been damaged by external causes or misuse.
Upon completion of all electrical installations, Stella Trades Pty Ltd will provide a Certificate of Electrical Safety or similar compliance document as required by law.

19. AIR CONDITIONING AND HEATING SERVICES

All air conditioning and heating systems must comply with the Building Code of Australia, relevant Australian Standards, and South Australian regulations.
Stella Trades Pty Ltd will ensure proper installation, testing and commissioning of all systems. The Customer must ensure adequate space and clearance for equipment installation as specified by Stella Trades Pty Ltd.
A 12-month workmanship warranty is provided on all air conditioning and heating installation work, except where components have been damaged by external causes or misuse.
The Customer agrees to maintain the system in accordance with manufacturer recommendations to maintain warranty coverage.
Stella Trades Pty Ltd is not responsible for any loss of refrigerant or system performance resulting from normal operation or lack of maintenance by the Customer.

20. SPECIAL OFFERS, DEALS AND DISCOUNTS

Percentage discount or money off special offers from Stella Trades Pty Ltd can only be used to discount the price of Goods or Services purchased from Stella Trades Pty Ltd and are not valid for use against the inspection and/or callout fee charge, which must be paid in full and the discount will only be applied against Goods or Services purchased.
Only one discount offer can be used when purchasing Goods or Services from Stella Trades Pty Ltd and multiple discounts on a single invoice are not permitted.
Set price special offers advertised for a service or product are for that product or service only and do not include the inspection and/or callout fee applicable to that trade at the time of booking.

21. FINANCE

Where finance is offered by a third-party company and is intended to be used by the Customer to purchase goods or services from Stella Trades Pty Ltd, the finance must be applied for and approved prior to any work being carried out by Stella Trades Pty Ltd.
It is the Customer's responsibility to ensure that at all times they are able to make payment to Stella Trades Pty Ltd for any work completed as soon as invoices are issued and due for payment. If the Customer is unable to access finance or has finance withdrawn, the Customer must arrange alternative methods of payment to ensure they are able to pay invoices issued by Stella Trades Pty Ltd when due.
Any terms and conditions relating to finance applied for with a third-party company do not form any part of this contract to supply goods or services between Stella Trades Pty Ltd and the Customer.
At all times the Customer remains bound to the standard terms and conditions regarding payment to Stella Trades Pty Ltd for goods and services provided including payment timeframes regardless of any finance arranged by the Customer with a third party.

22. DISPUTES

When a dispute arises between the Customer and Stella Trades Pty Ltd, you agree to comply with our dispute resolution process. To this end, a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.
Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of money, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.