Introduction

Welcome to iFab Direct, powered by iFab Steel. We specialise in providing high-end custom construction products, including staircases, windows, and balustrades, directly to consumers. By using our services and purchasing our products, you agree to the following terms and conditions. Please read them carefully.

Accuracy and Condition Of Products

Design and Engineering: Sometimes, a certifier may request a Form 15 from an engineer. This document is not included in the initial proposal and will incur an additional fee if required. We recommend documenting the installation and connections with videos before applying any final coverings. iFab Direct is not obligated to provide this service if the site conditions or installation do not meet our structural standards, if the client cannot provide the necessary documentation, images, or videos, or if the product is installed in a manner different from our recommendations. Additionally, iFab Steel can provide generic engineering reactions for connection points upon written request. However, it is the responsibility of the builder or client to confirm with their base-build engineer and other relevant parties that the product is suitable for the fixed structures. By accepting your quote/proposal, the installer, client, and/or owner release iFab Direct from any liability related to the product installation.

Steel Stringer: All fabrication will be constructed to high tolerances; however, certain products, being industrial in nature, may exhibit some production defects and movement due to thermal distortion and bolted connections. iFab Direct products will be fabricated to within a tolerance of +/- 5mm which will be deemed as acceptable by the client under the terms of sale.

Glass Panels: Glass panels are manufactured to high standards but may exhibit natural variations in clarity, color, and surface texture due to their production process and the nature of the raw materials used. These variations can be influenced by factors such as ambient temperature and humidity during production. All glass panels are inspected to ensure they meet quality standards before delivery. As glass can be sensitive to environmental conditions, slight changes or imperfections may occur once installed.

For further information on glass and glazing please refer to the following page for Cleaning Guidelines and the Australian Glass and Glazing Association’s website is a very good source of reference materials – www.agga.org.au

Joinery/Treads: Timber contains features and characteristics which are naturally occurring and acceptable under Australian Standards. This includes varying colours and tones depending on the area and season in which the timber has been sourced. These timber components may be affected by changes in ambient air temperature and humidity changes. As buildings are air-conditioned, some movement in the timbers is to be expected as the timber slowly adjusts to the changed conditions. It is recommended that the timbers be inspected after 3 months and before 6 months from the date of commissioning to determine extent of any movement and any tightening or adjustment that may be necessary upon re-stabilisation of the timber components.

Finishes/powder coating: iFab Directs products are priced at the most cost-effective option which is powder coating. This is an industrial finish. This means at times, can result in small blemishes, pin holes, discolouring, high spots or the like. iFab Direct takes pride in our quality and carries out QA processes to minimise this occurring prior to delivery and will send replacement parts if we have missed any major coating defects, although any minor defaults to coating will be deemed as acceptable by the client and additional charges will apply to provide replacement parts.

Payment

• Full payment (100%) is required at the time of order. We accept various payment methods, which are specified on our website.
• All transactions are processed in Australian dollars (AUD).

• Payments made by credit card incur bank fees.

• It is every client’s responsibility to avoid scammers if paying invoices by phoning to confirm bank details. iFab Direct takes no responsibility for payments sent to incorrect bank accounts and by accepting your quote/proposal, you accept all responsibility of payments made to incorrect bank accounts.

Terms of Engagement

• iFab Direct will supply the Services to the Client on these terms unless the iFab Direct agrees in writing to change them.
• iFab Direct will not be bound by any conditions included in the Client’s order unless it expressly accepts such conditions in writing.
• If iFab Direct does not accept any conditions included in the Client’s order and the Client accepts delivery of Services or Goods delivered under that order, the acceptance of delivery by the Client will be deemed to be acceptance by the Client of these terms notwithstanding anything that may be stated to the contrary in the Client’s orders.
• iFab Direct has the right to decline any orders or to cancel any orders which it has accepted if due to circumstances beyond the iFab Direct control it would be impractical or uneconomic to fill such order. This will be done by the company within three (3) days order being placed.

Fee Proposal

• Any quotations/proposals provided by iFab Direct remain open for acceptance for a period of thirty (30) days from the date of quotation. After this time this quotation is voidable at the option of the iFab Direct which may, in its absolute discretion subsequently revise the price or any other of the conditions so quoted.

Cancellations

• No order may be cancelled by the Client without the written consent of iFab Direct irrespective of whether or not iFab Direct has advised the Client of its acceptance of that order. As a condition of giving such consent iFab Direct may require that it be reimbursed for the cost of reallocating labour and materials and other direct or indirect costs incurred by iFab Direct to the date of cancellation if the item has been partially paid.
• iFab Direct shall be entitled without liability to the Client to cancel an order or delivery of an order if:
• the Client becomes insolvent, enters into a scheme of arrangement with Clients (otherwise than with the consent of the iFab Direct) or the Client ceases or threatens to cease to carry on all or a material part of its business or if the Client is a company it has a receiver appointed in respect of all or any of its assets or an order is made or other steps are taken for the dissolution of the Client;
• iFab Direct or Client is refused any required licences or permits in respect of the Services;
• the Client breaches any term of these terms of trade.

Design Changes / Input Errors

 At iFab Direct, we understand that building sites are dynamic and that changes may sometimes be necessary. While we strive to accommodate your needs, the following terms apply in relation to design and fabrication changes:

• Responsibility for Design Input: iFab Direct’s design platform operates as a self-service tool. The user/customer is solely responsible for ensuring the accuracy and precision of all input parameters, including but not limited to dimensions, measurements, and specifications. Any errors in these inputs are the responsibility of the user, and iFab Direct will not be held liable for any resulting issues.
• Approval of Custom Products: By placing an order, the user confirms that all details provided are correct and hereby approves the custom product for manufacturing. Once an order is placed, it is deemed to have been reviewed and approved by the user for production.
• Approval of Shop Drawings: It is the responsibility of the user to thoroughly review and approve any shop drawings prior to the commencement of manufacturing. Any errors or omissions in the shop drawings, once approved, are the sole responsibility of the user.Design and Fabrication Changes: If any changes to the design are required after shop drawing approval or during the production process, additional design and fabrication fees may apply. The exact fees will depend on the stage of production and the nature of the changes.
• Design Change Fees: Any alterations to the original design will incur additional design fees.
• Fabrication Change Fees: If fabrication has commenced, any required changes may result in additional fabrication fees.
• All fees associated with design or fabrication changes must be paid in full before the product is shipped.
• By using iFab Direct’s services and placing an order, you agree to these terms and accept full responsibility for the accuracy and approval of all design specifications.

Liability

 iFab Direct is not liable for any direct, indirect, incidental, or consequential damages arising from the use of our products or services, except as provided under applicable Australian consumer law.

1. Fitness for Purpose

– The Client agrees that iFab Direct shall not be liable for any:- representation, promise or undertaking regarding the fitness or otherwise of goods or Services supplied by the Company unless it is made in writing or implied by law; or The performance of iFab Direct products is dependent on the environment, product selection, handling, and maintenance.

2. Exclusion of all liability for damages: To the extent permitted by law, iFab Direct’s only liability is as expressly stated in this agreement and all other guarantees, warranties and conditions are excluded.To the extent permitted by law, the Company’s liability:under this agreement; andas a result of a consumer guarantee implied under the Australian Consumer Law or any other warranty or condition implied by legislation, is limited to supplying the Services again or paying the cost of having those Services supplied again.To the extent permitted by law, the iFab Direct will not be liable to the Client (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.

3. No reliance upon representations

The Client warrants that it has not relied on any representation made by the Company which has not been stated expressly in this document, or upon any descriptions, illustrations, information or specifications contained in any document including catalogues or publicity material produced by iFab Direct

4.Verification of accuracy of representations

The Client acknowledges that to the extent iFab Direct has made any representation which is not otherwise expressly stated in this document, the Client has been provided with an opportunity to, and has, independently verified the accuracy of that representation.

5. Information provided to iFab Direct

The drawing approval is granted based on the information in the plans and documentation which are provided to iFab Direct by user/client inputs. The client accepts all responsibility for the costs associated with incorrect dimensions.

6. Client’s indemnity obligations

The Client will at all times indemnify and hold harmless iFab Direct and its officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by any of those indemnified caused by:

• Inaccurate information, designs, plans and documentation provided to iFab Direct
• Any wilful, unlawful or negligent act or omission of the Client.
• A breach by the Client of its obligations under this document; 

Risk and Ownership

• All goods supplied by iFab Direct shall be at the Client’s risk from the time of delivery. The legal and equitable title to and property in the goods will not pass to the Client until the Client has paid all moneys owed to the iFab Direct on any account whatsoever.
• Payment shall not be deemed to occur until all cheques in payment of moneys owing to iFab Direct have been presented and cleared in full. iFab Direct reserves its right to enter upon any premises for the purpose of repossessing goods. The right to repossess is without prejudice to any other rights of recovery otherwise available.
• Until the goods are fully paid for, the client acts as a fiduciary (trusted manager) of the goods. If requested, the client must store the goods so they are identifiable as iFab Direct’s property. If the client sells the goods, iFab Direct has the right to track the proceeds. This clause does not create a charge or trust over the goods or sale proceeds, and any part that does will be removed without affecting the rest of the terms.

Intellectual Property

• All content on the iFab Direct website, including text, graphics, logos, and images, is the property of iFab Direct or its content suppliers and is protected by Australian and international copyright laws.
• The iFab Direct name and logo are trademarks of iFab Direct and may not be used without our express written permission
• iFab Direct exclusively owns and is entitled to the exclusive benefit of its Intellectual Property.
• iFab Direct exclusively owns and is entitled to the benefit of all Intellectual Property developed by the Client:
• in the course of, as a consequence of or in relation to completing the Services;
• directly or indirectly as a result of the Client’s or anybody else’s access to Confidential Information or the iFab Direct’s other Intellectual Property;
• in respect of or associated with any of the iFab Direct’s products and any alterations or additions or methods of making, using, marketing, selling or providing these products; and
• pursuant to the iFab Direct specification, direction or instruction.
• The Client assigns to the iFab Direct or its nominee, all Intellectual Property referred to in this clause. This assignment occurs immediately on creation of that Intellectual Property.  
• The Client must take, any action that may be necessary to give full effect to this clause, including executing any documents.
• The Client must not use or reproduce the iFab Direct’s Intellectual Property without the iFab Direct’s written authorisation.
• The Client:
• warrants that completing the Services under this Agreement does not infringe any Intellectual Property rights belonging to any third party; and
• indemnifies iFab Direct against all Claims arising from any actual or alleged infringement.

Delay

• iFab Direct will not be liable for any delay or failure to perform our obligations if such failure or delay is due to circumstances beyond our control. We will notify you as soon as practicable of any possible delay due to circumstances beyond our control.

Application

• The Client acknowledges that these terms apply in relation to all sales of goods or Services by iFab Direct to the Client and to all orders placed with the iFab Direct. No person acting or purporting to act on the iFab Direct behalf has the authority to make any promise, representation or undertaking or to add to or change in any way these general terms and conditions of sales except expressly in writing.
• These terms are in addition to and in no way are intended to limit, vary or exclude any rights conferred by the conditions and warranties implied by the Australian Consumer Law or by any similar legislation of a State or Territory of Australia which prohibits any such limitation variation or exclusion. Prices are subject to change without notice.
• iFab Direct reserves the right to vary these terms and conditions of sale. The Client’s rights under these Terms and Conditions of Sale are not assignable or transferable.
• These terms are in addition to and in no way are intended to limit, vary or exclude any rights conferred by the conditions and warranties implied by the Australian Consumer Law or by any similar legislation of a State or Territory of Australia which prohibits any such limitation variation or exclusion. Prices are subject to change without notice.

Changes to Terms and Conditions

iFab Direct reserves the right to make changes to these terms and conditions at any time. Any changes will be posted on our website and will be effective immediately upon posting.

Contact Us

If you have any questions or concerns about our terms and conditions, please contact us at:

(07) 3706 0767 or hello@ifabdirect.com

We are dedicated to ensuring a smooth and satisfactory experience with iFab Direct, from order placement to delivery and beyond. This policy is designed to provide clarity and confidence as you choose iFab Direct for your custom construction needs.

Effective Date

This shipping and returns policy is effective as of 17/09/2024.