Terms and Conditions for Business Clients
Effective Date: 12 November 2025
This agreement sets out the terms under which Southern Cross Saunas, operated by David Andres as a sole trader (ABN 32 115 032 815) (“Southern Cross Saunas”, “we”, “our”, or “us”), provides products and installation services to commercial clients (“you”, “your”).
By accepting a quote, paying a deposit, or confirming an order, you agree to these Terms and Conditions.
1. Scope of Agreement
These Terms apply to all goods and services supplied by Southern Cross Saunas to business customers, including the manufacture, delivery, and installation of saunas or related products.
If you are purchasing as a consumer, our Consumer Terms and Conditions will apply instead.
2. Quotes and Contracts
A Quote outlines the estimated cost of your project, including design, materials, and installation.
Once you approve the quote in writing or pay a deposit, a binding contract is formed.
A detailed Order Confirmation Form will confirm the final specifications and pricing.
Changes requested after approval may affect cost and delivery timelines.
We encourage you to carefully review the quote before proceeding.
3. Deposits and Payments
Payment is made in stages as follows:
40% deposit – payable upon acceptance of the Quote. This deposit becomes non-refundable once procurement of materials or design and engineering work has commenced.
30% progress payment – payable upon commencement of production.
30% final payment – payable prior to delivery.
Delivery and installation fees may be invoiced separately and are payable upon completion, unless otherwise agreed in writing.
All prices are in Australian dollars and include GST unless stated otherwise.
Ownership of all goods remains with Southern Cross Saunas until full payment is received.
4. Delivery, Installation, and Site Requirements
Delivery dates are estimates only and depend on supplier lead times, weather conditions, and logistics.
We will provide an approximate installation timeframe once all payments have cleared.
You are responsible for ensuring:
The site is prepared and accessible;
Any required council or strata approvals are in place;
Power supply and clear workspace are available.
Delays caused by inaccessible or unprepared sites may incur additional charges.
5. Quality and Warranty
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, where applicable.
For residential projects, we provide a 2-year warranty on building works and supplied fixtures from the date of completion, in accordance with our Warranty Terms and Conditions.
For commercial or public-use installations, warranty coverage, scope and duration are as specified in the relevant contract or project agreement.
To the extent permitted by law, our liability for defective goods or workmanship is limited to repair, replacement, or refund of the affected portion of the work.
This warranty does not cover misuse, improper maintenance, unauthorised modification, heavy or public use, environmental factors, or normal wear and tear.
Nothing in these Terms excludes or limits any rights that cannot lawfully be excluded.
6. Variations and Additional Work
If you request changes to the project after signing the order, or if unexpected site conditions require extra work, we will provide a written variation quote before proceeding.
No additional costs will be charged without your written approval.
7. Delays and Force Majeure
We are not responsible for delays caused by events beyond our reasonable control, including:
Extreme weather;
Supplier or freight delays;
Power outages;
Changes requested by you;
Site inaccessibility or safety issues.
We will keep you informed and reschedule as soon as possible.
8. Non-Payment and Default
If payment is not made by the agreed date, we may:
Suspend work or delivery until payment is received;
Charge interest at 3% above the NAB base rate on overdue amounts;
Retain ownership of any goods not yet paid for;
Recover reasonable costs (including legal fees) associated with debt recovery.
9. Your Responsibilities
You agree to:
Provide accurate site information and measurements;
Prepare the site as advised;
Ensure safe working conditions for our team;
Allow reasonable access to complete installation.
We are not liable for loss or damage resulting from inaccurate information, delays in other contractors’ work, or unsafe site conditions.
10. Intellectual Property
All plans, drawings, designs, and documents created by Southern Cross Saunas remain our intellectual property and cannot be copied or used without written permission.
11. Cancellations
Once a project has commenced, cancellation is subject to the following:
You will be charged for all work performed, materials ordered, and costs incurred up to the cancellation date.
Deposits may be retained to cover initial expenses and lost production time.
If we agree to cancel after production has begun, any balance owing must be paid within 7 days.
12. Limitation of Liability
Our total liability is limited to the amount paid for the goods or services giving rise to the claim.
We are not liable for:
Loss of profits, income, or business opportunities;
Consequential or indirect loss;
Damage caused by third parties or failure to follow care instructions.
Nothing in these Terms limits our liability for death, personal injury, or gross negligence.
13. Amendments
We may update these Terms and Conditions as required by law or to reflect changes in our operations.
The latest version will always be available on our website.
14. Governing Law
This agreement is governed by the laws of New South Wales, Australia, and both parties submit to the jurisdiction of the NSW courts.
15. Contact Us
Southern Cross Saunas
Operated by David Andrews, Sole Trader (ABN 32 115 032 815)
Email: info@southerncrosssaunas.com.au
Address: 66 Swan Street, Morpeth NSW 2321
Phone: 0297352363