fast tread® stair installation guide · stair lifting 12 stair flight set out & positioning 14...
TRANSCRIPT
1300 751 701 | FTIGROUP.COM.AU
FAST TREAD® STAIR INSTALLATION GUIDE
INSTALL ISSUE?
RING THE HOTLINE
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CONTENTS
Contacts 4
Delivery and Handling 6
Handrail Bracket and Assembly 8
Handrail Options 10
Handrail Label 11
Stair Lifting 12
Stair Flight Set Out & Positioning 14
Landing Connections 17
Propping 18
Steel Rebar Fixing 19
Concrete Core Filling & Vibrating 20
Cleaning of Slurry & Concrete 21
Riser Film 22
Pre-Handrail Site Works Checklist 23
Site Handrail Welding 24
Warranty Certificate 25
Safe-T-Tread 26
Installation in 6 Easy Steps 28
Terms and Conditions of Trade 30
CONTACTS
SALES
Cameron ArkcollM: +61 439 000 [email protected]
Craig St VincentM: +61 438 305 [email protected]
Charles ArkcollM: +61 437 209 [email protected]
Ph: +61 2 9052 [email protected]
Zach HartM: +61 409 291 [email protected]
David NightingaleM: +61 438 366 [email protected]
Tim NightingaleM: +61 437 386 [email protected]
Ali BoostanM: +61 448 143 [email protected]
Paul WarringtonPh: +61 438 532 [email protected]
Ph: +61 2 9052 5708FC: 1300 751 [email protected]
PRODUCTION
HANDRAIL LINKAGE COORDINATOR
ESTIMATING
LOGISTICS
ONSITE ASSISTANCE
TECHNICAL
ACCOUNTS
GENERAL ENQUIRIES
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DELIVERY & HANDLING
Fast Tread stairs can be stacked up to four flights high for storage onsite, providing they are
sitting on level ground and positioned safely.
Please ensure timbers and forklift tines are longer than the overall width of the stair flight to allow the weight of the
flights to be applied to the steel stringers, not the soffit.
If there is any point loading on the soffit it can cause irreparable damage to the stair soffit & subframe.
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STAIR STORAGE
CRANE UNLOADING
FORKLIFT UNLOADING
ENSURE TIMBERS
ARE LONGER THAN WIDTH
OF FLIGHT
ENSURE TINES REACH
OPPOSITE SIDE OF FLIGHT
HANDRAIL BRACKET & HANDRAIL ASSEMBLY
It is the responsibility of the stair flight installer to fit the handrail.
If applicable, the handrail brackets supplied with the Fast Tread stairs will need to be installed on the correct side of the flight prior to it being lifted into position and installed.
These brackets are located cable tied to the frame of the stairs.
The handrail should be fitted before the stair flight is installed or at the same time, this will form an immediate safe work edge, and eliminate the need of temporary handrail.
There are two types of handrail brackets, 1. External Mount and 2. Internal Mount;
There will be a RED sticker on the side of the stair flight showing the correct orientation of the way the bracket is to be installed.
The handrail bracket comes with two dome head bolts, these will be fitted from the outside of the stair flight through the pre-cut square holes in the stringer, thread first.
Holding the dome head bolts in position from the outside, slide the handrail bracket over the threaded ends of the bolts on the inside of the stair flight (tabs pointing down the flight), and thread the nuts on loosely.
Slide the handrail into the handrail brackets, and then tighten the nuts.
INTERNAL MOUNT
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There will be a YELLOW sticker on the side of the stair flight, showing the correct orientation of the way the bracket is to be installed.
The handrail bracket comes with a U bolt & nuts. The U bolt is to be fitted from the inside of the stair flight, with the threaded ends of the U bolt protruding through the pre-drilled holes in the stair stringer.
Slide the bracket over the threaded ends of the U bolt from the outside (tabs pointing down the flight), and thread the nuts on loosely.
Slide the handrail into the handrail brackets, and then tighten the nuts.
EXTERNAL MOUNT
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HAVE A QUESTION?
CALL US 1300 751 701
WHAT ARE THE FAST TREAD HANDRAIL OPTIONS?
To achieve BCA/NCC & Australian Standard compliance, hand rails are required on one or both sides of your Fast Tread stairs, depending on their design. We offer four options to meet requirements for fire isolated and main access stairways. All handrails are manufactured in galvanised tubular hollow section.
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3 RAIL – the standard choice for handrails in fire stair applications. Placed into position prior to installation and core fill, they provide immediate edge protection.
SINGLE RAIL – a single continuous handrail fixed to the stairs with posts into brackets, used when dividing or outer walls don’t exist, as an alternative to wall-mounted handrails.
This rail comes with a mid rail for safe access prior to the wall being finished and is capped off at each end at the time of finishing.
WALL MOUNT – fixed to the dividing, or outer concrete or masonry wall of your stairwell, using Fast Tread proprietary mounting brackets. Installed after core fill, they provide a clean, attractive finish to the stairwell.
VERTICAL PICKET – the most aesthetic choice, and ideal for non-enclosed fire stairs, egress stairs, and public access stairs, they’re also placed into position prior to installation and core fill, providing immediate edge protection.
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HANDRAIL LABEL
Fast Tread stairs are labelled according to the stair flight ID and mark number. Ensure the flight ID and mark number on the handrail label, match the flight ID and mark number of the stair flight. Handrails should be installed progressively to save mixing up of the handrails, as install of handrails by FTI Group is charged out at an hourly rate.
HAVE A QUESTION?
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STAIR LIFTING
The Fast Tread stairs should be lifted by hooking around the intersection point, and around both the cross & long rebars, one riser up from the middle of the flight. Location tags are provided indicating the location of the Certified Lifting Points.
HAVE A QUESTION?
CALL US 1300 751 701
Crane Lifting Certificate Rev.1
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STAIR FLIGHT SET OUT & POSITIONING
1. Refer to your project Architectural or Structural drawings to determine the location of your top riser on the upper landing. See below:
2. Refer to the For Construction Fast Tread® Shop Drawings and look for the Formwork Set Back Dimension:
3. Subtract the Formwork Set Back Dimension from the Landing dimension and this will provide you with your landing formwork length, for example 1650-341 = 1309mm. Allowing 5mm tolerance your Landing Formwork length becomes 1304mm.
UP
DN
UP
UP
UP
UP
UP
UP
UP
UP
UP
7
GH
7
340023
910 300 650 200 4400 1990 300
2700 x 1600 STRETCHER TURNING ZONE
SFL. 18.200
1350350
1350
3050 SFL. 18.884
2501740750210011256751150610
2700 x 1600 STRETCHER TURNING ZONE
STAIR PRESSFCON
FCON
7
7
340023
2501740275019001150610
300199027501650200650300910
1350350
1350
2700 x 1600 STRETCHER TURNING ZONE
2700 x 1600 STRETCHER TURNING ZONE
STAIR PRESS
SFL. 23.100
SFL. 20.992
BAL13
3050
FCON
10251000
1025
FCON
7
GH
7
340023
2501740275019001150610
300199027501650200650300910
1350350
1350
SFL. 27.300
SFL. 25.200
BAL13
2700 x 1600 STRETCHER TURNING ZONE
2700 x 1600 STRETCHER TURNING ZONE
STAIR PRESS
6401125
10251000
1025
3050
FCON
FCON
7
GH
7
340023
2501740275020201030610
30019902750177080650300910
1350350
1350
SFL. 31.500
SFL. 29.400
BAL13
2700 x 1600 STRETCHER TURNING ZONE
2700 x 1600 STRETCHER TURNING ZONE
STAIR PRESS
10251000
1025
3050
FCON
FCON
6001105
FCON
PT30
FCON
LEVEL 1SFL 18.830
LEVEL 2SFL 23.100
LEVEL 3SFL 27.300
LEVEL 4SFL 31.500
GH
LEVEL 5SFL 35.700
LEVEL 6SFL 39.950
42504200420042004270630
2125212521002100210021002100210021082162
340022
6
54630
SFL 20.992
SFL 18.200
SFL 18.884
150
2592 10002222113
10002420320
10002360260
10002360260
10002360 235
250
650
SFL 29.400
SFL 33.600
SFL 37.825
SFL 25.200
FCON
FCON
FCON
PT30
PT30
PT30
FCON
7
7
340023
2501740275020201030610
30019902750177080650300910
1350350
1350
SFL. 35.700
SFL. 33.600BAL13
2700 x 1600 STRETCHER TURNING ZONE
2700 x 1600 STRETCHER TURNING ZONE
STAIR PRESS
10251000
1025
3050
FCON
FCON
6001105
PT30
FCON
FCON
7
GH
7
340023
2501740275020201030610
30017402502750177080650300910
BAL13
SFL. 39.950
SFL. 37.825
UP
1350350
1350300
2700 x 1600 STRETCHER TURNING ZONE
2700 x 1600 STRETCHER TURNING ZONE
STAIR PRESS
10251000
1025
3050
FCON
FCON
PT30
FCON
STAIR DETAIL NOTES:
1. ALL BALUSTRADES, HANDRAILS & NOSINGS TO COMPLY W
ITHAPPLICABLE CLAUSES IN BCA SECTION D & AS1428.1-2009
2. HANDRAILS, BALUSTRADES, STANCHIONS, FIXING PLATES & FIXINGSETC TO BE HOT-DIP GALVANISED
3. W
ELDED END CAPS TO BE PROVIDED TO EXPOSED STANCHION &HAND RAIL ENDS w/ W
EEP HOLES4.
SIZES:-STANCHIONS: 48.3 x 4 CHS -MAX 2m CCS, MAX 1.1m HEIGHT-TOP RAILS: 48.3 x 3.2 CHS-HANDRAILS: 48.3 x 3.2 CHS-MID RAILS: 33.7 x 3.2 CHS-BOTT RAILS: 33.7 x 3.2 CHS-BALUSTERS: 12Ø ROD-FIXING PLATES: 10mm THK UNO-END CAPS: GAUGE TO MATCH ASSOCIATED RAIL/STANCHION THICKNESS
5. ALL HANDRAIL CORNERS TO BE W
REATHED (NOT SHOWN ON PLANS)
6. W
REATH CONNECTIONS TO BE WELDED & GROUND FLAT. IF SITE
WELDED, TO BE COLD GALV PAINTED. DO NOT SLEEVE & GRUB
SCREW FIX.
7. PLEASE REFER TO 55372-HDR-AR-DWG-SK_116 FOR STRETCHER
DIAGRAM
05m
1m
PROJECT NUMBERSCALE
DRAWING NUMBER
REVISION
DRAWING TITLE
PROJECT
ARCHITECTS
THIS DOCUMENT IS THE COPYRIGHT OF HDR
DATE
NORTH POINTA1
A4A3
A2
A4
KEY PLAN
CLIENT:Level 6, 77 Pacific HighwayNorth Sydney NSW
2060
P: (02) 9902 4700F: (02) 9439 1114www.richardcrookes.com
.au
PROJECT STATUS
CONTRACTOR:Level 3, 4 Broadcast W
ayArtarm
on NSW 2064
P: (02) 9978 5427F: (02) 8904 1377www.hinfra.health.nsw.gov.au
BIM 360://10116275 Wyong Hospital Redevelopment/55372-HDR-AR-MDL-000103-RVT_BUILDING.rvt
3/02/2020 10:28:49 PM
1 : 50 @ A1
9 03/02/20
STAIR 04 PLANS & SECTIONS
10116275
WYONG HOSPITAL REDEVELOPMENT
PACIFIC HIGHWAY
KANWAL, NSW
, 2259
ISSUED FOR CONSTRUCTION
55372-HDR-AR-DWG-340023
1 : 501
LEVEL 1 PLAN1 : 50
2LEVEL 2 PLAN
1 : 503
LEVEL 3 PLAN
1 : 504
LEVEL 4 PLAN1 : 50
7STAIR 4 -SECTION 1
1 : 505
LEVEL 5 PLAN1 : 50
6LEVEL 6 PLAN
REVDATE
DESCRIPTIONCHK
DWN
129/03/19
ISSUED FOR TENDERAF
CH2
29/04/19ISSUED FOR TENDER
ABCH
312/07/19
PTA01 - @ STAIR 4 - REVISED LAYOUT,
RELOCATED DOORS, & ADDEDW
EATHERPROOF LOUVRE , COLUMNS ONGRIDS D/10 AND D/9 UPDATED
ABLM
413/11/19
FOR INFORMATIONAB
LM5
17/12/19STAIR UPDATES
SCLM
619/12/19
STAIR UPDATESSC
LM
720/12/19
REVISED STAIR 1,3&4. REVISED STAIR WALL
TYPE, THICKNESS & LOCATION, ADDED WALL
PENO, REVISED DOOR LOCATION
SCLM
817/01/20
UPDATED STAIR DRAWINGS
SSLM
903/02/20
STAIR 4 - UPDATED STAIR DRAWING
ANNOTATIONSSS
LM
ON HOLD
1654-022 1654-023
1654-024
1654-025
1654-026
1654-027
1654-028
1654-029
1654-030
1654-031
1654-032
11@250 = 2750
50.0
291.0
341.0
18
0.0
28
0.0
196.6
12
@1
75
= 2
10
0
Start RL. see table
Finish RL. see table
250.0
17
5.0
180.0
top ofconc.
Flight Parameters
risers 12@175 = 2100
lower landing thickness 280
upper landing thickness 180
throat thickness 180
width of stair 1350
formwork setback 341
long axis rebar 7No N16
short axis rebar N12 @300
concrete volume 1.89 m3
StairID Shaft NoStart
levelStart RL
Finish
levelFinish RL
MarkNo.
HandrailLH
Bracket
LH
Handrail
RH
Bracket
RHSpecial Notes
1654-025
Stair 04 L2 23100 L2�1 25200 Y None External 3 rail External
1654-027 Stair 04 L3 27300 L3.1 29400 Y None External 3 rail External
Installation Notes
Install Handrails at the correct height (900mm from tread nosing)
Install By concrete formworker
Check all bolts are tight
Install stanchion bracket bolts with nuts to the outside
Project No
Read and understand installation manual before installation
Site Address Flight: RevisionApproved:Copyright © 2019 by FTI Group Pty Ltd All rights reserved. No part of this drawing/ design/detail may be reproduced, distributed, or transmitted in any form or by any means,
including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of FTI Group Pty Ltd. No drawing produced by FTI Group
Pty Ltd may be used by any party other than FTI Group Pty Ltd for the manufacture of the drawn product herein . For permission requests write to FTI Group Pty Ltd.
Prop Flight every 4-5 risers minimum
Metsquare Pty Ltd
1654 Pacific Hwy Hamlyn Tce Wyong Y A
R
Sla
b
Starter Flight
Sla
b
Intermediate Flight
TICK TICK
SIT ON
SLAB?
SIT ON
SOFFIT?
341 1304
5.0
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5. Measure from the wall to the nosing of the last riser and ensure that the measurement reflects the same measurement on your project Architectural or Structural drawings.
4. After forming the landing using the above measurements, crane the stair into position placing the bottom of the stair flight first, and then lower it down so the landing connection angles & flashing (refer LANDING CONNECTION) rest on the upper landing formwork.
WALL
RISER
6. When the stair flight is in the correct position fix it in position through the holes in the landing connection angles, see below:
7. When setting out the landing formwork at the base of the stair, always ensure you have a minimum of 30mm of form ply extending past the soffit of the Stair Flight.
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Form Ply formwork for landing/slab
Min. 30mm
Concrete landing/slab &Lapping Reinforcement
to Projectspecifications(by others)
Fast Tread Preformed Stair Formwork& main layer of reinforcement
LANDING CONNECTIONS
The Fast Tread Landing connection referred to in STAIR FLIGHT SET OUT & POSITIONING section is shown in the detail below:
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PROPPING
The stair flight will require propping (every four risers as a minimum) whilst it is being core filled and for the duration of the concrete curing process until it reaches sufficient strength.
Fit timber bearers to the stair flight every four risers, spanning crossways the full width of the stair flight (stringer to stringer) and prop according to your site or formwork engineers required methods.
Ensure these bearers cannot move during filling of stairs.
NOTE: Please consult your project/formwork engineer to ensure the flights are propped and installed according to the project & their required specifications. Also, please consult your project/formwork engineer with regards to formwork prop stripping.
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STEEL REBAR FIXING
Once the stair flight is installed and propped accordingly, install the lapping reinforcement from the landings into the stair and fix off to the stair flight main reinforcement according to your Structural Engineering Drawings.
PLEASE NOTE:• Concrete Cover – Fast Tread stair reinforcement concrete cover is not fixed and will need to be set
at time of Steel Rebar Fixing onsite to Project Engineers specification.• Lapping Reinforcement – Reinforcement from Landing into Stairs is to be supplied and installed by
others onsite.• Loose Cross Bars – Fast Tread stair reinforcement includes Loose Cross Rebars to 1/3 of span each
end of stair to tie in with lapping reinforcement for stair flights with a single layer of reinforcement.
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CONCRETE CORE FILLING & VIBRATING
Using a concrete pump or otherwise, core fill the stair flight from the bottom of the flight and/or from the lower landing with concrete, with the required concrete strength as specified by the site/project engineer.
Note: use of a kibble to core fill is not recommended.
Engage either the steel stud subframe or reinforcement of the stair flight with a concrete immersion vibrator, this will transfer the vibration throughout the stair flight and achieve the required compaction and concrete settlement quickly.
The vibrator should not be plunged into the stair as this may cause damage.
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CLEANING OF SLURRY & CONCRETE
Using a shovel, or similar, span between the top of the riser and the screed fold at the bottom of the next riser and drag it across the tread to level off the concrete, and then trowel off the concrete in the tread to your desired finish.
Once the stair flight treads are trowelled off to your desired finish, using a wet sponge clean off all the excess concrete splatter from all surfaces including the face of the risers, the inside and outside of the stringers, and the handrail.
Fast Tread stairs should be cleaned at the time of the concrete pour. Fast Tread does not recommend pressure washing, acid washing or grinding of the stairs or handrails, as this causes potential corrosion.
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RISER FILM
A protective film applied to the risers of FTI Groups’ Fast Tread® Stairs during manufacture.
Designed to make the clean up job faster, simpler and easier.
Easy peel off after core fill
Significantly reduces cleaning costs & labour
Protects risers from concrete splatter
The riser film is to be removed immediately after concrete pour
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GET YOUR HAND-RAILS WRAPPED TOO FOR EVEN CLEANER FIRE STAIRS!
PRE-HANDRAIL SITE WORKS CHECKLIST
Pre-handrail linkage checklist
PPRREE--HHAANNDDRRAAIILL LLIINNKKAAGGEE CCHHEECCKKLLIISSTT Prior to completing the welding of the handrail linkage, Fast Tread® would appreciate your time in completing the following items to ensure we complete this task safe & fast; SSttaaiirr SShhaafftt SSttaattuuss:: Stair shaft lights are installed and working on all levels All handrails are installed Stair shaft is dry (This eliminates potential rust stains on stairs) All formwork, Acro-props, and back propping is stripped from top of shaft to bottom. Shaft has been cleaned of rubbish, excessive dust and concrete rubble. All fire/smoke separation walls are installed to allow installation of wall mount handrail. Adequate Power supply is within 30m of the work area (single phase for welder and grinder)
FFaasstt TTrreeaadd SSiittee SSttaaffff RReeqquuiirreemmeennttss:: Do Fast Tread Site Staff require any further certification/documentation other than: current Workers Comp & Public Liability certificates and current White Card? No Yes. If Yes, please specify your site requirements ___________________________
Please sign the bottom of this form to confirm all of the above is actioned, to enable us to book in a time to have your linkage completed. Project Address: ______________________________________________________________________ Contact Number: __________________________________________________________________ Date: __________________________________________________________________________ Signed: _________________________________________________________________________ Name: _________________________________________________________________________ Comments: _____________________________________________________________________
______________________________________________________________________________ The above is to ensure the safety of site personnel and efficient completion of site works.
SSiitteess tthhaatt aarree nnoott rreeaaddyy aanndd pprreeppaarreedd,, aass sseett oouutt aabboovvee,, uuppoonn aarrrriivvaall ooff tthhee FFaasstt TTrreeaadd ssiittee wwoorrkkss tteeaamm wwiillll aattttrraacctt aa $$445500..0000 ccaallll oouutt cchhaarrggee.. Should you have any queries, please don’t hesitate to contact us on 1300 751 701 or 0437 209 747.
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SITE HANDRAIL WELDING
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WARRANTY CERTIFICATE
FTI Group Warranty Rev. 2
FFAASSTT TTRREEAADD®® WWAARRRRAANNTTYY && IINNSSTTAALLLLAATTIIOONN CCEERRTTIIFFIICCAATTEE
Date: Client: Project: Fast Tread hereby certifies and warrants that the Fast Tread® preformed stairs and handrail products have been undertaken in a good and workman like manner and meet the requirements of the Building Code of Australia and relevant Australian Standards, including:
IItteemm SSttaannddaarrdd ooff PPeerrffoorrmmaannccee
Stairway – going & risers comply with
BCA 2016 Amendment 1 Clause D2.13 (i) (ii) (iii); constant going & risers throughout in one flight, riser openings less than 125mm & in case of a required stair no winders in lieu of landing.
Balustrades and Balustrade fixings
BCA 2016 Amendment 1 Part B1 & AS/NZS 1170.1-2002.
Balustrade heights comply with
BCA 2016 Amendment 1 D2.16 (g) (i) (ii) (iii); not less than 865mm above the nosing, 1m above any void floor, or 865mm above the landing where provided to the inside edge and not exceeding 500mm length.
Balustrade within secured fire stairs shafts comply with
BCA 2016 Amendment 1 D2.16 (c) (i) (ii) h (i) (ii); a rail at a height of not more than 150mm above the nosing or floor and space between rails not more than 460mm.
Handrails comply with BCA 2016 Amendment 1 D2.17 (a) (iv) (v) Fixed at a height of not less than 865mm measured above the nosing or floor surface & continuous between stair flight landings and have no obstruction on or above them that will tend to break a hand-hold.
This warranty applies to the internal application within a building of the Fast Tread® preformed stairs and handrails, where they are not exposed to the elements. The warranty does not apply to the same products in an external environment, where they are exposed to the elements. This warranty applies for 5 years from the date of completion of the handrail bends, or in the case of supply only of the stairs, from the date of manufacture of the stairs. Charles Arkcoll – Operations Manger FTI Group Pty Ltd ABN: 68 609 425 452
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INSTANT ACCESS TO DECK
SAFE ACCESS TO DECK
ELIMINATES DAMAGE TO RISERS
DURABLE NON-SLIP STEEL
EASILY REMOVABLE FOR CORE FILL
REUSABLE LEVEL TO LEVEL
SAFE-T-TREAD
A safety tread that locks into the frame of Fast Tread’s preformed stairs for immediate safe access to upper levels before the stairs have been core filled.
PATENT PENDING*
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INSTALLATION IN 6 EASY STEPS
FIT HANDRAIL
FIX OFF AND PROP
CORE FILL
CRANE INTO POSITION
STEEL FIX
SCREED OFF AND CLEAN
2
3
5
1
4
6
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TERMS AND CONDITIONS OF TRADE
The Terms and Conditions set out (“the Terms”) FTI Group Pty Ltd shall apply to all products and services supplied by FTI Group Pty Ltd (referred to as FTI Group) to the Customer his employees or agents (referred to as “the Customer”).
FTI Group is not bound by any variation to its Terms unless expressly agreed upon in writing and signed by a duly authorised Representative of FTI Group and the Customer. These terms shall apply notwithstanding any provision to the contrary which may appear on any order form or other document issued by the Customer or any other party.
General
1. No quotation given by FTI Group shall constitute an offer. FTI Group reserves the right to decline any order or to enter into any agreement for supply.
2. If a Customer cancels or alters any order for products after FTI Group has received the order then FTI Group reserves the right to charge to the Customer the additional costs incurred in cancelling or altering any order or part order together with the costs of any labour and handling to the date of such cancellation or alteration.
Prices
3. Unless otherwise stated prices quoted are strictly net exclusive of duty payable, sales tax and GST.
4. Unless otherwise stated on a relevant price list, the invoice and/or statement, prices include delivery, FIS to the Customer’s nominated delivery destination. Where a Customer’s nominated delivery destination is outside the metropolitan area of an Australian Capital City, FTI Group will deliver FOB to the Customer’s nominated transport company or agent in the Australian Capital City nearest to the Customer’s nominated delivery destination.
Terms of Payment
5. FTI Group may submit an invoice for goods delivered at any time subsequent to delivery of those goods.
6. The Customer shall make payment within fourteen (14) days of the date of invoice, provided in the reasonable opinion of the Customer:
(a) The goods comply with the manufacturing schedule supplied to FTI Group in respect of the goods; and
(b) The goods are in accordance with all applicable laws and all relevant authorities.
In the event that the Customer asserts any default in connection with the matters referred to in sub-paragraphs (a) and (b), it must notify the Supplier immediately and, in any event, within fourteen (14) days of delivery.
7. If the Customer fails to make payment in accordance with Clause 5, FTI Group shall be entitled to:
(a) Require payment in advance of delivery for any further products or services;
(b) Charge default interest at the rate of one and a half percentum (1.5%) per month on a cumulative and compounding basis on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default interest is not a penalty, but is a true measure of damages incurred by FTI Group. Payments received from the Customer will be credited first against any default interest and all such charges shall be payable on demand;
(c) Claim from the Customer all costs relating to any action taken by FTI Group to recover monies or goods due from the Customer including any mercantile agents, costs and legal costs and disbursements on a solicitor-client basis; and
(d) Cease any further deliveries until payment of all outstanding amounts has been made.
8. Any date or time quoted for delivery is an estimate only and FTI Group shall endeavour to effect delivery at the time or times requested by the Customer, but failure to do so shall
not confer any right of cancellation or refusal of delivery on the Customer.
9. The Customer shall not be relieved of any obligation to accept or pay for products by reason of any delay in delivery of any strike, lockout, unavailability of raw materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods or tempest, transport delays, acts of God, restriction or interventions imposed by any laws, regulations, governments or agencies thereof and any other cause beyond the control of FTI Group or any other cause whatsoever.
10. FTI Group’s obligation to deliver shall be discharged on arrival of the products at the Customer’s nominated delivery destination, nominated transport company, nominated agent or the address appearing on the invoice. The Customer shall unload the products upon delivery. If the Customer is unable or unwilling to accept physical delivery of the products when the products are ready for delivery FTI Group shall be entitled to payment for the goods and to charge a fee for any delay experienced or arrange for the storage of the products at the risk and cost of the Customer including all transportation, storage and other consequential costs.
Inspection
11. The Customer shall examine the products immediately after delivery and FTI Group shall not be liable for any misdelivery, shortage, defect unless FTI Group receives details in writing within fourteen (14) days of the date of delivery of the products and services.
Property & Risk
12. Notwithstanding delivery of the products or their installation, property in any given products shall remain with FTI Group until the Customer has paid and discharged any and all other indebtedness to FTI Group on any account whatsoever ( including all applicable sale taxes, GST and other taxes, levies and duties). Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer’s indebtedness and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.
13. The risk in the products shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer.
14. The Customer acknowledges that until payment has been made in full to FTI Group, the Customer shall be fully responsible for any loss or damage to the products whatsoever and howsoever caused following delivery.
15. FTI Group licenses the Customer to sell products manufactured using products of FTI Group. If the product is affixed to other material, the totality thereof shall be the sole and exclusive property of FTI Group until payment has been made in full to FTI Group, unless the other material or part thereof are or is the property of a party or parties other than the Customer in which case the totality thereof shall be deemed to be owned as tenants in common with such other party other than the Customer in shares corresponding to the respective amounts paid or payable by the Customer in respect of such other party or parties.
16. The Customer shall be at liberty to agree to sell the products (independently or affixed to the materials) subject to the condition that until payment has been made, the Customer shall sell as an agent for FTI Group and the entire proceeds from the sale thereof shall be held in a separate account on trust for FTI Group.
17. The right to on-sell, deal or otherwise dispose of FTI Group’s products or manufactured products in the normal course of trade shall automatically cease if a Receiver is appointed over any of the assets or the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into Voluntary Administration or
Liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangements or composition or commits any act of bankruptcy or where the Customer is in default of any of its obligations to FTI Group.
Security Interest
18. The Customer grants a purchase money security interest (“PMSI”) by the Customer in favour of FTI Group in respect of all goods supplied to the Customer by the Supplier. This security interest is registrable on the Personal Property Securities Register.
19. The Customer must immediately, if requested by FTI Group, sign any documents (including any new contracts), provide all necessary information and do anything else required by FTI Group to ensure that FTI Group’s PMSI is a perfected security interest.
20. The Customer will not enter into any security agreement that permits any other person to have or to register any security interest in respect of the goods or the proceeds from the sale of the goods until FTI Group has perfected its PMSI.
21. If the goods supplied are not goods that are used predominately for personal, domestic or household purposes, the parties agree that the following provisions of the PPSA do not apply in relation to the goods:
(a) Section 95 (notice of removal of accession), to the extent that it requires FTI Group to give a notice to the Customer,
(b) Section 118 (enforcing security interests in accordance with land law decisions), to the extent that it requires FTI Group to give a notice to the Customer,
(c) Sub-section 121 (4) (enforcement of liquid assets - notice to grantor), to the extent that it requires FTI Group to give a notice to the Customer,
(d) Section 130 (notice of disposal), to the extent that it requires FTI Group to give a notice to the Customer,
(e) Sub-section 132(4) (statement of account if no disposal), to the extent that it requires FTI Group to give a statement of account to the Customer,
(f) Section 135 (notice of retention), to the extent that it requires FTI Group to give a notice to the Customer,
(g) Section 142 (redemption of collateral), to the extent that the Customer has the right under that section to redeem collateral,
(h) Section 143 (reinstatement of security agreement), to the extent that the Customer has the right to reinstate a security agreement.
(i) The Customer hereby waives any rights it may have to:
i. receive any notices the Customer would otherwise be entitled to receive under ss 95, 118, 121, 130, 132 or 135,
ii. apply to a Court for an order concerning the removal of an accession under section 97,
iii. object to a proposal of the Customer to purchase or retain any collateral under ss 130 and 135, receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest FTI Group may have in goods supplied to the Customer from time to time.
22. For the purposes of this clause:
(a) “PPSA” means the Personal Property Securities Act 2009,
(b) The expressions “accession”, “collateral”,” financing change statement”, “security agreement”, “security interest”, “perfected security interest” and “verification statement” have the meanings given to them under, or in the context of the PPSA,
(c) References to sections are to sections of the PPSA.
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Limitation of Liability
23. Sale to Non-Consumers:
(a) In the case of products supplied by FTI Group to a Customer who is not a “consumer” (as defined in the Trade Practices Act, 1974 as amended from time (“the Act”), if the products do not correspond with the description of them on the invoices or are defective, then, provided that the products are preserved intact and made available for inspection by a representative of FTI Group and are returned to FTI Group in the same order and condition as that in which they were delivered, FTI Group shall at its option replace those products or reimburse the Customer for the amount of the purchase price paid for them, but any claim in this respect must be made in writing within fourteen (14) days of the date of delivery of those products; and
(b) Should the Customer seek indemnity from FTI Group in respect of any claim by a consumer on the warranty implied by the Act in a contract for the supply of products by the Customer to that consumer, sub-paragraph (i) will not apply and in respect of products that are of a kind ordinarily acquired for personal, domestic or household use or consumption (“consumer goods”), FTI Group liability is limited to indemnifying the Customer in accordance with the Act, limited to a liability to pay to the Customer an amount equal to the cost of replacing the products or the cost of obtaining equivalent products or the cost of having the products repaired, whichever is the lesser amount.
24. Sale to Customers:
(a) In the case of products supplied by FTI Group to a Customer who is a consumer, to the extent that the products are not consumer products or goods, the liability of FTI Group to the Customer for breach of any warranty or condition (other than a warranty or condition implied by section 69 of the Act) or for breach of any duty of care shall in all cases be limited to:
i. Replacement of the products or the supply of equivalent products;
ii. The repair of the products;
iii. The payment of the cost of replacing the products or acquiring equivalent products; or
iv. The payment of the cost of having the product repaired, at the option of FTI Group.
(b) Except for those conditions and warranties implied by the Act or other sale of products or consumer protection legislation which may not be excluded, the Customer agrees that:
i. It has not relied on any inducement, representation or statement made by or on behalf of FTI Group in purchasing the products and there are no implied conditions or warranties herein and no collateral contracts in connection herewith (except such as may be in writing and signed by a duly authorised representative of FTI Group); and
ii. This clause sets out the entire liability of FTI Group in respect of its liability under the Act or otherwise in respect of liabilities to the consumer for a breach of a condition or warranty with respect to the sale of products or goods In no circumstances will FTI Group incur any liability or be liable in respect of or arising out of or in connection with any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the Customer.
25. The Supplier shall not be liable for any cost, damage, loss or expense in connection with any delay which the Customer may incur in connection with late delivery or non-performance of the product supplied in circumstances where:
(a) Such delay or non-performance is caused by the Customer; and
(b) The delay or non-performance is attributable to causes beyond the control of FTI Group, including (without limitation), industrial action, unavailability of raw materials, accidents to machinery, breakdowns, shortages of supplies or labour, fires, floods or tempest, transport delays, acts of God, restrictions or interventions imposed by any laws, regulations, governments or agencies thereof.
26. The Applicant, or Customer as the case may be, releases and discharges FTI Group from any claim arising out of or in connection with the installation and/or finishing of the FTI Group product and/or any other product supplied by FTI Group and indemnifies and holds harmless FTI Group in respect of any such claim.
27. Any claim in connection with any act, default or omission (including any breach of contract or breach of duty including, but not limited to, negligence) on the part of FTI Group shall be notified by the applicant or the Customer, as the case may be, to FTI Group within twenty-eight (28) days of the date upon which the Customer reasonably should have first become aware of the event giving rise to the claim. Should the Customer or Applicant, as the case may be, fail to give notice in accordance with this clause then:
(a) FTI Group shall not be liable on the claim; and
(b) The Customer or applicant, as the case may be, hereby releases and indemnifies FTI Group in respect of any such claim.
28. The liability of FTI Group in respect of any claim notified under the preceding clause shall be limited to the cost of the product supplied by FTI Group.
29. FTI Group shall not be liable on any claim made or notified after the expiry of twelve (12) months from the date of delivery of the FTI Group product and/or any other product supplied by FTI Group.
30. These terms do not exclude, restrict or modify the application of any provision of any Commonwealth, State or Territorial law which, by law, cannot be excluded, restricted or modified.
Force Majeure
31. FTI Group shall not be liable for any failure or delay to supply or deliver the products where such failure or delay is wholly or partly due to causes or circumstances outside the reasonable control of FTI Group including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
Termination
32. If the Customer fails to comply with any of these Terms or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for Voluntary Administration or winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or enters into any composition or arrangement with creditors or if a receiver or manager is appointed FTI Group may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with these Terms.
Returns
33. Other than in respect of FTI Group’s obligations pursuant to clause 23 hereof, FTI Group shall not be liable to accept any returned products but may in its absolute discretion accept the return of products provided that such products shall only be accepted for credit and with the prior written approval of a duly authorised representative of FTI Group. Products
returned for credit pursuant to this clause must be returned with packing slip and invoice and will be subject to a handling and administration charge equivalent to fifteen percent (15%) of the invoiced value of the returned products. Return freight and other expenses will be paid for by the Customer and no returns of non-standard products will be accepted.
Advertising
34. The Customer shall not advertise in any media the sale or disposal of products and services purchased from FTI Group, without the written consent of a duly authorised representative of FTI Group. The Customer shall indemnify and hold indemnified FTI Group against any liability in respect of or in connection with any special, consequential, direct or indirect loss, damage, harm or injury suffered as a result of false, misleading or deceptive advertising and untrue representation or statements made to any person by the Customer in the course of advertising. The Customer further warrants and acknowledges that it will not use any existing logo or brand name or that similar to, or attempt to register a trade mark or trade name or that similar to, or attempt to register a trade mark or trade name or that similar to, of FTI Group without the written consent of a duly authorised representative of FTI Group.
Confidential Information
35. The Customer warrants that it will not disclose to any person confidential information of FTI Group that the Customer may be shown or comes into contact with in the course of purchasing products and services or from any other source including but not limited to FTI Group materials, procedures, tests, reports and equipment, without the written consent of a duly authorised representative of FTI Group.
Pallets
36. Unless otherwise stated, pallets and containers used to deliver products to the Customer will remain the exclusive property of FTI Group and shall be returned to FTI Group at the Customer’s expense within thirty (30) days of the date of delivery. FTI Group reserves the right to invoice the Customer for any pallet or container not returned by the due date.
Samples
37. Any sample produced at the request of the Customer will be at the Customer’s expense. Such sample produced is to be indicative of the general nature of the product and FTI Group will not warrant or guarantee that the sample product will correspond with any colour, texture or blend with the sample provided by the Customer or with any previous sample provided.
Governing Law
38. The Customer agrees that these Terms shall be construed according to the laws of the Australian State or Territory as FTI Group may in its sole discretion determine. Proceedings may be instituted in such Australian State or Territory as FTI Group may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales.
Service of Documents
39. The Customer agrees that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to the last known address of the Customer to FTI Group at that time.