Terms and Conditions of Sale

AJ’s Stainless Pty Ltd ACN 647 781 039, ABN 71 647 781 039, trading as Marko Stainless & Aluminium

1/12 Pennant St, Cardiff NSW 2285 | (02) 4956 8968 | sales@markostainless.com.au

Version MSA-TCS-R03 | Effective 8 November 2026

These terms apply to quotations and orders that incorporate this version. They cover our supply of goods, fabrication and related services, together with the agreed quotation and order documents. Publication of this version does not change an existing contract.

1 The agreement

1.1 In these terms, Marko, we and us mean the company identified above. You means the customer named in our quotation or order confirmation. Goods means the products and materials we agree to supply. Services means the fabrication, delivery, installation or other work we agree to perform, including design only to the extent expressly agreed. Writing includes email and an electronic acceptance that can be retained.

1.2 Our quotation identifies the proposed scope, price, validity period and payment arrangements. Your acceptance or purchase order is an offer to proceed. We confirm acceptance in writing, identifying the quotation revision and these terms. An automated enquiry receipt is not order acceptance. Neither party should begin work on an unresolved difference between the quotation and a purchase order.

1.3 The agreement consists of our written order confirmation, the accepted quotation and its listed documents, any expressly agreed special conditions, and the identified version of these terms supplied before acceptance. Expressly agreed special conditions take priority, followed by the accepted quotation and order confirmation, then these terms. A later document changes an earlier one only to the extent both parties agree to that change. Mandatory law always prevails.

1.4 A purchase order or head contract does not automatically add terms to our agreement. If you require particular contract conditions, provide them before acceptance so we can agree their application. A change to our website terms does not change an existing order.

1.5 Each party must identify the people authorised to approve scope, price, drawings and variations. A site attendance sheet, delivery docket or collection signature records the event described; it does not by itself approve additional charges, accept all work as defect-free or waive rights. Signing for a company does not create a personal guarantee. Any guarantee requires a separate, expressly agreed document.

2 Rights preserved and residential work

2.1 Nothing in this agreement excludes, restricts or modifies a consumer guarantee, statutory warranty, remedy or other right that cannot lawfully be excluded. This includes applicable rights under the Australian Consumer Law, building legislation and security of payment legislation. These protections can apply to business customers as well as household customers. They prevail over inconsistent terms.

2.2 These terms are not a substitute for a required residential building contract. Where the work is residential building work, we will identify and use the applicable contract, disclosures, licensing, insurance, deposit, payment and cooling-off requirements before taking payment or starting work where the law requires. A residential contract takes priority over these terms. Calling work “supply and install” does not determine its legal classification.

2.3 Where work is outside NSW, the mandatory requirements of the place of work also apply. An agreed scope exclusion does not exclude any legal duty we owe.

3 Scope and specifications

3.1 We will supply the goods and services described in the accepted quotation and listed drawings or specifications. Options are included only if selected and accepted. Alternative quotations are not cumulative orders. Quantities, dimensions, materials, grade, thickness, finish, fittings, delivery and installation must be identified for the items ordered.

3.2 Please tell us the intended use and relevant operating conditions before we quote, including outdoor or coastal exposure, food or chemical contact, loads, accessibility requirements, service connections and integration with existing equipment. We will identify the purposes or performance requirements we agree to meet. This does not remove a duty arising from a purpose made known to us or reliance on our skill and judgment.

3.3 Plumbing, electrical work, structural engineering, certification, permits, demolition, making good, access equipment and work by other trades are included only to the extent described in the quotation. The quotation must identify who supplies excluded items needed for the completed installation. We will not knowingly proceed with work that requires unresolved safety, licensing or compliance arrangements.

3.4 Catalogue images and concept illustrations describe general appearance unless expressly incorporated as an agreed specification. We will identify material departures from an agreed sample or reference before acceptance. No substitution of material, grade, thickness, finish or essential component may be made without your written agreement, except an immaterial change expressly permitted by the agreed specification.

3.5 If you supply materials, components or equipment for us to process or incorporate, the quotation will identify them and any agreed suitability checks. You must disclose known defects and relevant specifications. We will use reasonable care while they are in our custody, undertake the checks within our scope and notify you of defects or incompatibilities reasonably apparent to us before affected work proceeds. Responsibility for loss or failure depends on its cause; supplying an item does not place all risk on you or excuse our negligent handling or processing. Ownership and return or disposal of offcuts and unused customer-supplied materials must be agreed before processing.

4 Measurements and drawing approval

4.1 The quotation will state whether we undertake a site check measure or rely on dimensions supplied by you or another nominated person. You must take reasonable care that information you provide is accurate and notify us promptly of changes. We remain responsible for our own measurements, design and workmanship within our agreed scope and for addressing inconsistencies reasonably apparent to us.

4.2 Before manufacture, we will identify any drawing or selection requiring approval. Your approval confirms the recorded layout, dimensions, visible finish and selections you are asked to check. It does not transfer our design responsibilities to you or excuse our errors, unsafe work or non-compliance.

4.3 Drawings marked concept, estimating, review or not for fabrication are not production instructions. Production starts only after required approvals, technical information and agreed payment milestones have been satisfied. We will confirm any resulting programme change.

4.4 Unless specific tolerances are agreed in writing, goods will be fabricated within normal trade tolerances appropriate to the materials, fabrication processes and intended application. Minor dimensional and finish variations inherent in fabrication are acceptable only where they do not materially affect the agreed fit, function, appearance, safety or compliance. Critical dimensions, mating interfaces and special tolerances must be identified and agreed before manufacture. This clause does not override agreed specifications, applicable standards or statutory rights.

4.5 Where relevant, approved drawings or specifications will identify finished dimensions, appliance openings, fixing centres, adjoining surfaces, grain direction, visible weld treatment, joints and any finish sample. Drawings must not be scaled to obtain missing dimensions. If a critical dimension or interface remains unclear, we will resolve it with the responsible party before affected manufacture. Customer approval does not relieve us of clause 4.1 or 4.2.

4.6 If the site, adjoining work or equipment changes after a check measure or drawing approval, please notify us before fabrication or installation. We will explain any necessary remeasurement or alteration and obtain approval of the price and time effect under clause 5. Changes or remeasurement needed to correct our own error are not chargeable variations.

5 Prices and variations

5.1 The accepted price is in Australian dollars. The quotation will separately identify GST and the total payable, together with known compulsory charges. Estimates, provisional sums and exclusions must be clearly labelled. A fixed price does not increase simply because our costs increase.

5.2 A change to scope, quantities, selections, approved drawings, site conditions or programme may require a variation. Before undertaking changed work, we will describe the reason, work, price or calculation basis, and time effect, and obtain written agreement from your authorised representative. Residential variations must also satisfy applicable statutory requirements.

5.3 We will tell you promptly if an allowance or estimate is likely to be exceeded. Unless an agreed pricing mechanism already covers the work, we will seek approval before incurring the additional cost. We will not charge for correcting our own defective work as a variation.

5.4 If immediate action is reasonably necessary to prevent injury or serious property damage and approval cannot reasonably be obtained, we may take proportionate protective action, notify you as soon as practicable and provide records. This does not create an unrestricted right to charge: responsibility for the reasonable cost depends on the cause, agreed scope and applicable law.

6 Time based work and minimum charge

6.1 Time-and-material work requires written agreement to the scope and charging basis before starting. The schedule must state labour rates and whether they are per worker, applicable minimum attendance, travel, overtime, materials pricing, subcontract charges, equipment and GST, and any expenditure limit.

6.2 We will keep reasonable records of labour, materials and agreed extras and provide an itemised invoice. A budget is an estimate unless expressly described as a fixed price or cap. We will obtain approval before exceeding an agreed cap. Attendance or completion signatures alone do not increase it.

6.3 Unless otherwise agreed in writing, time-based labour is charged at the agreed hourly rate in 15-minute increments. Each worker’s total chargeable time on the job is rounded up once to a multiple of 15 minutes only if it is not already an exact multiple, rather than rounding each individual task, day or attendance. These increments do not change an accepted fixed-price quotation or authorise exceeding an agreed cap. Where progress invoices are issued, time and charges are calculated cumulatively and reconciled under clause 6.7; the same time is not rounded repeatedly.

6.4 Unless otherwise agreed in writing, a minimum charge of $50 excluding GST ($55 including GST) applies per separately authorised fabrication, repair or processing job. This is a minimum total charge for the job, including its labour, materials and all other agreed charges, not an additional fee or a minimum for each worker, item, task or invoice. We will not split one authorised job into separate jobs to multiply the minimum. An expressly agreed fixed price or expenditure cap takes priority. The minimum does not apply merely to requesting a quote or to an unaccepted enquiry, and does not create a charge for an ordinary goods-only purchase.

6.5 Any travel, call-out, delivery, equipment, consumable or subcontract charges must be disclosed and agreed before work starts. The quotation or work authorisation must explain what is included and what is charged separately. Agreed extras may increase the total above $55 including GST, but all charges for that job count towards the minimum before any minimum-charge adjustment is calculated. Applicable rates, the rounding rule and the minimum will be brought to your attention before you authorise work.

6.6 Time-based labour may include reasonable job-specific setup, preparation, fabrication, finishing, handling and cleanup within the agreed scope. General office administration, unpaid breaks, time spent on unrelated work and correction of our own defective work are not chargeable labour. No minimum charge or billable-time rounding is applied to rectification we must provide at our own cost. Travel, waiting time, additional attendance and overtime are chargeable only on a basis agreed in advance; we will not charge the same time or cost twice.

6.7 Our records will distinguish actual time worked from billed time and any minimum-charge adjustment. Different agreed labour rates will be separately identified; actual time at each rate is calculated first and is not rounded separately. Rounding will not move ordinary time into a higher rate. If time at different rates leaves a residual rounding adjustment, it will be charged at the lowest applicable agreed rate for that worker on the job. Each progress or final invoice will reconcile the cumulative job charge, including rounding and one minimum-charge adjustment, against all amounts previously invoiced and credited for that job. Any excess previously invoiced will be credited, and any resulting overpayment refunded or credited as agreed. Invoices will identify relevant extras and explain any minimum-charge adjustment. An earlier minimum or rounding adjustment is absorbed into the cumulative total, not retained as an additional charge.

7 Payment and credit

7.1 The quotation will identify deposits, progress milestones, final payment and invoice due dates. Deposits are credited against the price and are not automatically forfeited. Progress invoices must relate to the agreed milestones or a statutory entitlement. We will not charge twice for the same work or materials.

7.2 If we expressly approve trade credit and no different lawful period is agreed, payment is due 14 calendar days after invoice. For customers without approved credit, the agreed quotation milestones apply; the absence of a credit account does not create an unstated deposit or advance-payment requirement. Any shorter mandatory maximum payment period prevails.

7.3 Tell us promptly if you reasonably dispute an invoice, identifying the amount and reason so we can investigate. Pay the undisputed balance by its due date. This clause does not remove lawful rights of withholding, set-off, payment scheduling or adjudication. Payment is not conditional on your receiving payment from another person.

7.4 Retention, performance security and liquidated damages apply only if expressly agreed in writing before acceptance, subject to law. They are not included by an undisclosed head contract. We will assess their amount, duration and release conditions as part of that agreement.

7.5 No contractual late-payment interest applies unless a single annual simple rate is expressly stated in the accepted quotation or credit agreement. Any such rate must be lawful and reasonable. Statutory interest rights are preserved. We may seek reasonable external recovery costs actually incurred for an overdue undisputed debt, to the extent legally recoverable, after giving notice and a reasonable opportunity to pay. No automatic administrative penalty or indemnity for all legal costs applies.

7.6 We may review credit for future orders on reasonable notice. A change to an existing order’s payment arrangements requires agreement, except for a lawful suspension under clause 14. Verify any purported change to our bank details using a previously verified telephone number. Accepted payment methods and any lawful fees must be disclosed before acceptance; we will not impose a card surcharge prohibited by law or the applicable payment-system rules.

8 Programme and delays

8.1 We will distinguish estimated lead times from an expressly agreed completion or delivery date. The programme will identify dependencies such as approvals, check measures, access and payment milestones. We will use reasonable care to meet agreed dates and notify you promptly of a likely delay, its cause and our mitigation plan.

8.2 A delay caused by your change, late approval or unavailable agreed access permits a reasonable extension only to the extent it affects the work. Additional charges require the variation process and evidence of reasonable resulting costs; no charge applies to delay caused by us.

8.3 An event genuinely beyond a party’s reasonable control may excuse the affected performance for the period it actually prevents performance, provided that party gives prompt notice and takes reasonable steps to reduce the effect. Routine workload, avoidable equipment failure or an ordinary cost increase is not automatically such an event. Payment for conforming goods or services already supplied remains due, subject to lawful dispute rights.

8.4 If such an event substantially prevents performance for 30 consecutive days, either party may give written notice to end the affected unperformed portion. We will account for conforming work supplied and agreed, reasonably incurred non-recoverable commitments, credit savings and recoveries, and refund the remaining prepayment. Statutory cancellation and refund rights remain available sooner where applicable. Delay caused by our breach is not converted into a customer cancellation charge.

9 Delivery collection and storage

9.1 The quotation will identify collection or delivery, delivery address, freight charges, packaging and responsibility for unloading and lifting. Split deliveries require agreement unless they do not materially inconvenience you or change the agreed price. We will provide reasonable notice when goods are ready.

9.2 Where we arrange delivery, risk of accidental loss passes when the goods are delivered to the agreed location and the agreed unloading is completed. For customer collection or your independently appointed carrier, risk passes on handover after loading within our agreed responsibility. We remain responsible for loss or damage caused by our breach or negligence, including inadequate packaging or loading we perform. Risk transfer does not remove defect remedies or our responsibility for installation work.

9.3 Check quantities and visible transit damage promptly and report problems with photographs where reasonably available. Please retain relevant packaging while a transit issue is investigated. A delay in reporting does not automatically remove your rights, particularly for concealed defects.

9.4 If you cannot accept an agreed delivery or collect completed goods, tell us promptly. We may agree revised delivery and reasonable storage charges after explaining the rate and giving at least seven calendar days’ written notice before charges start. Charges must reflect reasonable actual storage and handling costs and cannot arise from our delay. Disposal of uncollected goods requires applicable legal procedures; these terms do not authorise automatic sale or destruction.

10 Site work and safety

10.1 Before attendance, the parties will confirm access, work areas, operating hours, inductions, permits, isolation arrangements, lifting, protection of occupied areas and coordination with other trades. You must disclose known site hazards and relevant information reasonably available to you, including concealed services, asbestos risks and access restrictions.

10.2 Each party remains responsible for its own health and safety obligations and must cooperate with other duty holders. We retain responsibility for our workers, equipment and work methods. We may stop affected work where reasonably necessary for safety, explain the issue and agree a safe restart. Any price or time adjustment must reflect the cause and follow clauses 5 and 8.

10.3 Unexpected substrates, concealed services or conditions materially different from the agreed assumptions will be documented before affected work proceeds. You are not required to warrant that a site is entirely free of unknown hazards. We will take reasonable care to protect your property and repair or otherwise address damage for which we are responsible.

11 Completion defects and care

11.1 We will notify you when our agreed scope is complete and identify outstanding items. Handover may include care instructions, product information and agreed certificates. Minor outstanding items will be recorded with a reasonable rectification plan; completion or use does not waive defect rights.

11.2 Report a suspected defect as soon as reasonably practicable, identifying the order and issue. We will respond within a reasonable time and arrange inspection or an appropriate remedy. We will not insist that you deal only with a component manufacturer. Do not continue unsafe use; take reasonable steps to prevent avoidable further damage.

11.3 Your remedy depends on the circumstances and applicable law. Nothing limits all claims to repair or replacement, imposes a seven-day claim expiry, or treats custom-made goods as exempt from consumer guarantees. Where the law requires us to collect goods or bear reasonable return costs, we will do so.

11.4 Damage caused by misuse, unsuitable chemicals, external contamination, inadequate maintenance contrary to reasonable supplied instructions, unauthorised alteration or another party’s defective installation may fall outside our responsibility to the extent that conduct caused it. Such an exclusion does not apply merely because one of those events occurred, or where our selection, advice, work or instructions caused or contributed to the problem.

11.5 Stainless steel and coated products require care suited to their environment. Grade, finish and maintenance affect appearance and corrosion performance. Tea staining or surface change must be assessed against the agreed product, environment and cause; it is not automatically excluded. We will provide relevant care guidance and any separate express warranty. Statutory rights are additional to an express warranty and are not limited to its duration.

12 Cancellation and change of mind

12.1 You may request cancellation in writing. For cancellation for convenience, we will promptly stop avoidable commitments and provide an itemised account of the agreed-price value of conforming work performed and reasonable, unavoidable costs already committed specifically for your order but not included in that work value, including genuinely non-returnable materials or subcontract work. We will deduct savings, supplier credits and recoverable value. Prior payments are then credited under clause 12.2. We will not recover the same loss twice or charge a fixed percentage merely because an order is cancelled.

12.2 Custom-made goods may have little resale value, which can increase the justified cancellation amount. The total amount payable for completed work and cancellation costs will not exceed the total agreed contract price, including approved variations; payments already made are then credited against that amount. We will refund any excess prepayment within a reasonable time. This clause does not apply to cancellation or rejection rights arising from our breach or mandatory law.

12.3 Returns of conforming standard goods for change of mind require agreement on condition, freight and any reasonable handling or supplier restocking cost before return. Custom-made or specially procured goods need not be accepted for change of mind. Defective-goods and other mandatory remedies are unaffected.

13 Ownership and security

13.1 Ownership of goods remains with us until their agreed price is paid in full. This does not secure unrelated debts. Until then, take reasonable care of goods in your possession and, where reasonably practicable, keep them identifiable. Ordinary installation or resale contemplated by the accepted quotation is permitted.

13.2 To secure that unpaid price, you grant us a security interest under the Personal Property Securities Act 2009 in those goods and their identifiable proceeds to the extent the Act applies. We may register that interest and request information or reasonable assistance necessary for a correct registration. We will arrange release when the secured obligation is discharged and comply with applicable statutory duties.

13.3 We may recover unpaid goods only where legally entitled, using lawful procedures and respecting third-party rights. This clause gives no right to trespass, enter premises without lawful authority, remove fixtures contrary to law or cause property damage. No PPSA notice or enforcement right is waived by these terms. A statement by our director is evidence that may be challenged, not conclusive proof of a debt.

14 Suspension and termination

14.1 If either party materially breaches the agreement, the other may give written notice describing the breach and allowing at least seven calendar days, or a longer reasonable period in the circumstances, to remedy it. If not remedied, the innocent party may suspend the affected obligations or terminate the affected work by further written notice. Suspension must be proportionate and the parties must take reasonable steps to protect work and reduce loss.

14.2 Immediate action remains available where the law permits, including a safety stop or termination for a breach incapable of remedy that justifies termination. Insolvency rights are subject to statutory stays. Statutory security of payment procedures and notice periods apply independently and are not replaced by this clause.

14.3 On termination, the parties will account for work supplied, lawful remedies, recoverable costs and prepayments without double recovery. Unperformed work is not automatically payable in full. Termination does not erase accrued rights or obligations intended to continue.

15 Responsibility and disputes

15.1 Each party is responsible for loss caused by its breach, negligence or other actionable conduct, according to applicable law. Responsibility is reduced to the extent the other party or another legally responsible person caused or contributed to the loss. Each party must take reasonable steps to mitigate loss. These terms do not impose a blanket exclusion for property damage, personal injury, delay or direct loss, or an indemnity for our own wrongdoing.

15.2 Any proposed commercial liability limit or consequential-loss allocation must be expressly negotiated in the special conditions, matched to the project and insurance, and consistent with mandatory law. No such limit arises from silence or a generic reference to our terms.

15.3 Contact us promptly about a dispute. The parties will nominate representatives and try in good faith to resolve it, ordinarily meeting or speaking within ten business days. They may agree mediation if useful. This process does not prevent urgent relief, a statutory payment claim or adjudication, a complaint to a regulator, or use of a court or tribunal within applicable time limits.

16 Intellectual property and information

16.1 Each party retains its existing intellectual property. We retain intellectual property in our original drawings and methods unless agreed otherwise. Subject to payment of the relevant agreed charges, you receive permission to use project documents supplied by us for the agreed project’s installation, operation, maintenance and repair. This does not authorise manufacture of additional products or use on other projects without agreement. Payment conditions do not permit withholding safety or care information, statutory compliance documents or access and use required by law.

16.2 You must have authority to provide and authorise use of designs you supply. We will not treat a reference photograph as proof of permission to reproduce a third party’s protected design. Each party must notify the other of an identified rights issue so it can be resolved before affected manufacture. We remain responsible for our own original design decisions.

16.3 Both parties will protect confidential project information, subject to lawful disclosure and disclosure reasonably necessary to perform the agreement. Personal information is handled under our privacy policy and applicable law. These terms do not grant unrestricted credit-reporting consent or permission to publish identifiable project photographs; any necessary permission will be addressed separately.

17 General

17.1 Notices must be served lawfully at the nominated email or postal addresses. For a termination or other material notice, the sender should retain reasonable evidence of delivery and seek confirmation; a recipient’s failure to acknowledge a lawfully served notice does not itself invalidate it. Statutory service requirements take priority. Each party must keep its contact details current.

17.2 We may use competent subcontractors but remain responsible for our contracted work. Neither party may transfer its obligations without the other’s consent, which must not be unreasonably withheld. Lawful assignment of a debt does not reduce your existing defences or rights.

17.3 NSW law governs this agreement, subject to mandatory law elsewhere. Courts and tribunals with lawful jurisdiction remain available; no exclusive venue removes a statutory right. If a provision is unenforceable, the remaining provisions continue to the extent lawful. Failure to enforce a right once is not a general waiver.