Terms & Conditions

Xstruct – Terms & Conditions of Sale and Platform Use
Effective Date: 03/02/2026
Revision: Rev. 2

These Terms and Conditions govern all use of the Xstruct online platform and all quotations and orders placed through it. By accessing, configuring, quoting, or ordering via the Xstruct platform, you agree to be bound by these Terms.

1. Acceptance of Terms
1.1 By using the Xstruct platform, you agree to these Terms, which prevail over any other terms unless expressly agreed in writing by Xstruct (“we”, “our”, “us”).
1.2 These Terms apply to all platform use, quotations, orders, sales, deliveries, and related services.

2. Orders and Confirmation
2.1 All orders are subject to review and formal acceptance by Xstruct.
2.2 Orders cannot be changed, cancelled, or refunded after confirmation, as fabrication may commence immediately.
2.3 The Customer is solely responsible for verifying all order details, including dimensions, quantities, specifications, finishes, and delivery instructions, prior to confirmation.

3. Payment
3.1 Payment in full is required prior to fabrication and delivery unless otherwise agreed in writing.
3.2 All prices are in Australian Dollars (AUD) and exclusive of GST unless stated otherwise.
3.3 Late or non-payment may result in suspension, delay, or cancellation of orders without liability to Xstruct.

4. Warranty
4.1 Xstruct warrants that materials and workmanship will conform to the agreed specifications for twelve (12) months from the date of delivery.
4.2 The warranty is limited to materials and workmanship only and expressly excludes:
Removal, dismantling, reinstallation, or site rectification costs
Consequential, indirect, or incidental losses
Costs associated with construction delays or project disruption
4.3 Warranty claims require the return of the allegedly defective goods to Xstruct for inspection unless otherwise agreed in writing.
4.4 Remedies are limited, at Xstruct’s discretion, to repair or replacement, capped at one hundred percent (100%) of the sale value of the affected goods.

5. Limitation of Liability
5.1 To the maximum extent permitted by law, Xstruct’s total aggregate liability, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total invoiced value of the relevant order.
5.2 Xstruct is not liable for:
Loss of profit, revenue, business, or anticipated savings
Third-party claims, project delays, or liquidated damages
Rework costs, delay costs, or indirect or consequential losses
5.3 No claims for liquidated damages or delay penalties apply to any contract formed under these Terms.

6. Delivery
6.1 All delivery dates are estimates only and may vary due to production schedules, transport availability, or events beyond our reasonable control.
6.2 Risk in the goods passes to the Customer upon delivery to the nominated delivery point. Title remains with Xstruct until payment is received in full.
6.3 The Customer must ensure adequate site access and readiness to receive deliveries.
6.4 The Customer is solely responsible for providing suitable labour and equipment to offload goods. Xstruct does not supply offloading equipment unless expressly agreed in writing.
6.5 Any offloading assistance must be requested at the time of order and may incur additional charges.
6.6 Where delivery is delayed due to the Customer (including lack of access, inability to offload, refusal, or inadequate equipment), waiting time, re-delivery, or additional handling will be charged at AUD $250 per hour per truck.

7. Delivery Inspection & Damage Reporting
7.1 All goods are inspected prior to dispatch. Upon delivery, the Customer must inspect for visible damage or defects.
7.2 Any damage must be reported within twelve (12) hours of delivery, with clear photographic evidence submitted via the Xstruct platform.
7.3 Claims made after installation, after the reporting window, or for post-installation damage will not be accepted unless pre-approved in writing.
7.4 Once goods are offloaded and accepted onsite, all handling, storage, and installation risks transfer to the Customer.

8. Surface Treatments
8.1 All coatings and finishes are applied in accordance with applicable Australian Standards.
8.2 Natural variations in tone, texture, and minor handling marks do not constitute defects.
Galvanising Disclaimer
8.3 Hot-dip galvanising (AS/NZS 4680) is intended for corrosion protection, not architectural appearance. Variations in surface finish, pattern, and sheen are inherent and acceptable.
8.4 Customers requiring consistent visual appearance must select an alternative coating system.
Minor Damage Disclaimer
8.5 Minor scratches or blemishes that do not affect structural performance or corrosion protection are acceptable and not claimable.

9. Insurance and Offloading
9.1 Xstruct does not insure offloading, handling, or installation activities after delivery.
9.2 The Customer must maintain appropriate public liability, equipment, and workers’ compensation insurance.
9.3 If offloading conditions are unsafe, delivery may be rejected. If delivery proceeds, all associated risks are borne by the Customer.
9.4 Xstruct accepts no responsibility for injury, damage, or loss arising from offloading or site handling.

10. Steel Grade Specification
Unless otherwise agreed in writing, Xstruct supplies structural steel in accordance with the following material grades:
Plate: 250 MPa yield strength steel to AS/NZS 3678 / AS/NZS 3679
Hollow Sections (SHS / RHS / CHS): 350 MPa grade to AS/NZS 1163
Hot-Rolled Sections (UB / UC): 300 MPa grade to AS/NZS 3679
All materials are selected for weldability and impact toughness in accordance with the relevant Australian Standards.

11. Welding Standard and Minimum Weld Sizes
11.1 Unless otherwise specified in writing, all welding is carried out in accordance with AS 4100 – Steel Structures.
11.2 The minimum size of any fillet weld complies with AS 4100 Table 9.6.3.2.
11.3 Fillet weld size is determined by the thickness of the thickest part being joined and must not exceed the thickness of the thinner member (AS 4100 Clause 9.6.3.2).
Minimum Fillet Weld Sizes

Any departure from the above material grades or weld sizes must be expressly stated in writing and accepted by Xstruct prior to order confirmation.

12. Platform Use
12.1 Xstruct grants the Customer a limited, non-exclusive, non-transferable licence to use the platform for lawful purposes only.
12.2 The Customer must not:
Reverse engineer, copy, or modify the platform
Input false, misleading, or harmful data
Use the platform for unlawful or fraudulent purposes

13. Intellectual Property
13.1 All platform content, software, tools, documentation, and outputs remain the intellectual property of Xstruct.
13.2 No reproduction, distribution, or exploitation is permitted without prior written consent.

14. Force Majeure
Xstruct is not liable for delay or failure caused by events beyond reasonable control, including natural disasters, pandemics, transport disruptions, supply shortages, or government actions.

15. Data Privacy
15.1 Personal and project data is collected and processed in accordance with Xstruct’s Privacy Policy.
15.2 Data is used solely for order fulfilment, communication, and internal improvement.
15.3 Data will not be shared with third parties except as required to fulfil orders or as required by law.

16. Indemnity
The Customer indemnifies Xstruct against all claims, losses, liabilities, and expenses arising from:
Breach of these Terms
Misuse of the platform
Errors or omissions in Customer-supplied data

17. Governing Law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of NSW.

18. Amendments
Xstruct may amend these Terms from time to time. The latest version will be published on the platform. Continued use constitutes acceptance of updated Terms.

19. Contact
All enquiries must be made via the Xstruct platform.

20. Design Liability & Engineering Disclaimer
20.1 No Engineering Service. Xstruct is not a consulting or certifying engineering service.
20.2 Customer Responsibility. All structural design, engineering analysis, loads, member sizing, connection adequacy, and compliance with the National Construction Code and applicable Australian Standards are the sole responsibility of the Customer and their engaged professional engineer.
20.3 Platform Outputs. Any drawings, models, take-offs, pricing, or configuration outputs are provided for procurement and fabrication coordination only and must not be relied upon as engineering certification.
20.4 Independent Verification. The Customer must obtain independent verification from a qualified professional engineer prior to ordering, fabrication, or installation.
20.5 Disclaimer. To the maximum extent permitted by law, Xstruct disclaims all liability arising from design decisions, fitness for purpose, structural adequacy, or code compliance. This clause operates in addition to the Limitation of Liability provisions.