Terms of Service
As we have no control over the treatment of our products once they have left our premises, there is no warranty offered except for faulty workmanship. Faulty workmanship is only covered by our warranty for a three month period from the date of final payment.
Timber is a natural product and as such is subject to grain and colour variations and are not considered to be faults. Unless otherwise specified, timber is supplied in random lengths. The manufacturer accepts no liability for any natural variations due to the inherent characteristics and properties of the selected timber.
This website is operated by Timberwest. Throughout the site, the terms “we”, “us” and “our” refer to Timberwest. Timberwest offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL PRODUCT TERMS
Every Timberwest hardwood product has been carefully seasoned, precision milled and quality checked prior to dispatch. Like all kiln dried products it requires careful handling, storage and installation to ensure the best possible result. All Timberwest hardwoods are kiln dried and graded to the Australian Standard 2796 of 9% to 14% and non-structural products for internal applications meet the Performance and Production requirements of Australian Standard AS 5067-2003
All our timber is kiln dried to strict specifications. It is moisture tested prior to dispatch and will adhere to Australian Standards of between 9-14% MC (AS 2796.1-1999). Timber may expand and contract according to certain conditions. We recommend acclimatising your timber in the environment in which it will be laid for a minimum of seven days or until Equilibrium Moisture Content (EMC) is achieved. Your floor layer should check this with a moisture meter prior to laying.
Timber is a natural product and as such is subject to grain and colour variations and are not considered to be faults. Unless otherwise specified, timber is supplied in random lengths. The width and thickness of the boards are sold on the basis of nominal sizes: close alternatives may be supplied when nominated size is unavailable. Machining of timber is guaranteed to meet Australian Standards AS2796.1-1999 Grading of timber is guaranteed to meet Australian Standards AS 2796.2-2006.
Solid timber is a natural product. The manufacturer accepts no liability for any natural variations due to the inherent characteristics and properties of the selected timber.
SECTION 2 – MATERIAL DELIVERY
The purchaser assumes risk for all materials upon delivery. They must be stored by the purchaser in a good and reasonable manner that does not risk the quality and value of the product in a covered area away from the elements. It is the responsibility of the purchaser to check quantities of materials delivered: shortages must be advised within seven days from delivery and prior to commencement of installation. Your floor layer should inspect the flooring prior to installation and if it is deemed to be unsatisfactory it should not be laid. Once the product is laid no claims will be allowed for any faulty materials. If a delivery is left on premises at the request of the purchaser without them being present Timberwest cannot accept responsibility for any loss or damage.
SECTION 3 – STORAGE
The best method for storing can be achieved by firstly ensuring each end grain is sealed immediately, then storing loosely wrapped in plastic in a sheltered area away from strong draughts and sunlight. Keep up off the concrete and away from unseasoned timber or other high moisture content goods. When storing benchtops keep them upright on edge. Laying a benchtop on the concrete or exposing it to sun or wind can cause it to cup.
We recommend all products are polished as soon as possible. If this cannot be done immediately then a good quality sealer should be used on all exposed faces with particular attention to the ends until final sanding and polishing can take place.
SECTION 4 – SITE CONDITIONS
Check the job site prior to delivery to make sure laminated product will not be exposed to high humidity, moisture or radiant heat:
- The building MUST be constructed to at least lockup stage with roof on and all doors and windows in place.
- All wet treads MUST be finished prior to delivery.
- If the building features full length windows, large glass areas or skylights that will admit direct sunlight onto the product, ensure blinds or a protective system is used to block or filter the sunlight.
If any of the site conditions do not correspond with this checklist do not deliver until problem/s are rectified. If you need advice call us.
SECTION 5 – INSTALLATION
When installing treads over concrete stairs it is essential that the concrete is properly dried prior to installation. Moisture content of the concrete should be no more than 5.5%. All concrete – even several years old – should be checked for moisture and appropriately sealed prior to installation. We recommend the gluing and screwing of plywood of at least 15mm thick (with an A Bond Glue Line) to the concrete, then gluing treads to the plywood using a quality floor adhesive.
SECTION 6 – LAMINATED TREADS, LANDINGS AND BENCH TOPS
- Seal the end grain now. Sealing the end grain is the first and most important task you must complete to help protect your laminated timber. Changes in temperature and weather can cause unwanted movement if the end grain is not sealed.
- Keep away from moisture, direct sunlight, heat or wind. Do not store on bare ground – store on slats, loosely wrapped in plastic in a sheltered situation.
- Benchtops must be stored on edge.
- Seal or polish all faces and edges as soon as possible.
- Install on site only after lock-up stage when wet trades have finished and the site has dried out.
IMPORTANT: If you have any doubts or concerns about the grade, moisture content or other quality aspects of this product do not install it! Instead contact your supplier immediately for advice.
Timberwest has no control over the installation process and accepts no responsibility for any part of the installation process.
As we have no control over the treatment of treads, landings and/or benchtops once they have left our premises, there is no warranty offered except for faulty workmanship.
Timber Treads and Landings
As we have no control over the treatment of treads and landings once they have left our premises, there is no warranty offered except for faulty workmanship.
The client must adhere to the care and maintenance recommendations detailed below:
- Treads and landings must be laid flat in temperate climate and kept off steel, concrete floors or any other surface that attracts moisture, well supported by gluts or fillets.
- Landings and treads should be sealed all round including unseen sides within 24 hours – a polyurethane sealer should be used where moisture is present at installation (Eg where top is placed on a brick wall and especially around sink areas).
As we have no control over timber benchtops once they leave our factory, the manufacturer guarantees their timber benchtops against faulty workmanship only for a three month period.
We strongly recommend the client follows the care and maintenance recommendations detailed below:
- Benchtops must be laid flat and kept off concrete floors or any surface that attracts moisture, well supported by gluts or fillets.
- They should be sealed all round within 24 hours – a polyurethane sealer should be used where moisture is present at installation (Eg where top is placed on a brick wall and especially around sink areas).
SECTION 7 – LIVING WITH TIMBER FLOORING
Timber, as a natural product, is prone to some movement and this is to be expected. During its life there may be shrinkage so it is essential that it be protected from prolonged exposure to direct sunlight which can promote premature shrinkage. Effective window treatments will minimize the effect and must be considered as essential part of caring for your timber floor. If air conditioners are used, then the floor should be acclimatized to that environment. Rugs are fine for any timber floor, but it is prudent to move them around as they can slow down the oxidation process (or colour maturation) of the floor under the rug. Cleaning your floor is an essential part of prolonging the life of the finish. Sweep the floor to remove any abrasive grit or dirt and use a damp mop to lift dirt and marks where necessary. Use only cleaners that are made specifically for solid timber floors.
SECTION 8 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 9 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 10 – QUOTATIONS AND MODIFICATIONS TO THE SERVICE & PRICES
Quotation are valid for thirty days. All quotations are subject to a final check measure by your floor layer. Any further material required will be added to the quotation and included in final invoice. Upon acceptance of a quotation a 50% deposit is required, this goes towards covering some of the costs of material and labour. Payment of the remaining balance is required immediately prior to delivery/collection.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 11 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 12 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 13 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 14 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 16 – PERSONAL INFORMATION
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 19 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Timberwest, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 20 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Timberwest and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 21 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 22 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 23 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 24 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia, Australia.
SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 26 – CONTACT INFORMATION
Thank you for choosing the services of Timberwest. We trust you will enjoy your investment in timber flooring for many years to come.