STONE WHOLESALERS PTY LTD
ABN 19 141 802 495
TERMS OF BUSINESS FOR THE SALE/SUPPLY OF MATERIALS
TERMS AND CONDITIONS:
Please read the terms which become legally binding from the time these terms and conditions is signed by you and us. However, please note that these terms are binding even if you do not sign below if you have communicated acceptance of these terms in another way. For example, if you notify us by phone or email; if you pay a deposit or any part of the price.
1. It is important that you read these terms
Discussions by phone or face-to-face can sometimes result in a misunderstanding. To avoid this, all the terms and conditions which apply are noted and not limited to the below terms and conditions.
You cannot rely on anything which has been said to you, by us or by anyone else, unless it is included in these terms and conditions;
• If there is any inconsistency between discussions we have had, or emails we have exchanged, and these terms and conditions, what is written in these terms and conditions will take precedence.
2. Supply of materials
2.1 These are terms and conditions for the supply of stone and other materials sold by Stone Wholesalers as described in your quote or invoice, size and shape as inspected by you, subject to other provisions of these terms and conditions, for example clause 5.1. It does not include:
2.1.1 any shaping, fabrication or improvement of the stone;
2.1.2 installation of the stone; or
2.1.3 any advice relating to the stone, it’s fabrication, installation, maintenance or suitability for any particular use.
2.2 Stone Wholesalers advises the inspection of all goods prior to pick up or deliveries to ensure you are purchasing the correct product.
2.3 We reserve the right to accept or reject your Order for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.
3. Natural Stone
Natural Stones such as marble, travertine, granite, limestone, basalt and most other natural stones are a product of nature. No two pieces are exactly alike therefor;
3.1 Due to the natural characteristics of natural stone marking, discolouration staining, scratching and fracturing can occur, and appropriate wastage should be allowed for.
3.2 Natural stone may have hidden faults which are not ascertainable upon inspection and accordingly no warranty can be provided that the stone is free from faults which may result in fracturing or other problems. Incorrect or careless handling will increase the likelihood of fracturing.
3.3 If all or part of your order includes uninspected material (in accordance with clause 2.2), we cannot guarantee that the uninspected material will be the same as any material which you have inspected and labelled or the same as any sample which has been given to you. For example, there may be a variation in pattern, veining, structure, strength, thickness or colour.
3.4 When purchasing natural stone tiles, pavers or slabs you acknowledge the samples provided are only an indication of stock to help colour decisions and comparisons, this may differ from actual stock supplied. Therefore, we advise clause 2.2 (inspection of stock prior to purchasing). For example, there may be a variation in pattern, veining, structure, strength, colour and in other ways. In respect to the stone being a natural product.
3.5 If your order includes stone which has been selected by you by any means other than your personal inspection of stone in our premises (e.g. by means of a photograph) we will use our best endeavours to ensure that the stone which is supplied is as close as practicable to the stone which you have selected but we cannot warrant the degree of similarity.
4. Pick up or delivery of orders organised by the customer
In the case that the customer organises their own pick up or delivery;
4.1 Person picking up must show evidence of proof of purchase (invoice). We reserve the right to refuse loading of goods if proof of purchase is not satisfactory.
4.2 It is your responsibility to ensure the vehicle picking up goods is suitable to take the load purchased.
4.3 We do not take any responsibility for goods once they have been picked up from our premises.
We have the right to refuse loading goods if we deem the vehicle used to pick up goods is;
• Not safe and will or can put any staff of Stone Wholesalers in risk of damaging either the vehicle being loaded, the forklift used to load or the goods being loaded.
• If Stone Wholesalers staff member licenced forklift driver does not feel comfortable loading goods onto vehicle.
5. Delivery of orders organised by Stone Wholesalers
5.1 Stone Wholesalers will use its best endeavours to ensure that delivery of your order will take place by the date stated on the invoice.
5.2 If there is any delay caused by you, we reserve the right to charge a storage fee. Storage fees will apply at $22.00 plus GST per day per crate or pallet or until the goods are picked up if goods are not delivered on dates specified on the invoice.
5.3 You are responsible for any loss or damage to the stone after delivery whether this occurs before or after we receive payment in full in cleared funds. In other words, the risk passes to you on delivery.
5.4 If a date for delivery to the delivery address is agreed (which will be confirmed by us by email or on your invoice) but delivery cannot be made (for example, as a result of no one being available to accept delivery, problems with access or if there is no suitable area for unloading), a new date for delivery will need to be arranged. If this occurs, a return fee to Stone Wholesalers’ warehouse and re-delivery fee will be payable in addition to the total amount quoted in the invoice.
5.5 If there is a delay in deliveries for any reason including but not limited to drivers not available, weather not permitting, transport strikes or mechanical issues a new date for delivery will be arranged.
6.1 All purchase orders must be paid in advance to prepare for pick up or delivery.
6.2 Any delay in receipt of payment in cleared funds may cause a delay in delivery of the your Order.
6.3 Payment methods that we accept are either EFT, EFTPOS (we do not store credit card details).
6.4 If payment is made by credit card, we reserve the right to pass on all fees which we incur arising out of the payment by credit card and the Price quoted for the goods will therefore increase by the quantum of those fees. We also reserve the right to refuse to accept any particular brand of credit card.
6.5 If any increase in GST above 10% applies to any supply pursuant to these terms and conditions, you agree to pay the increased GST in addition to the price quoted.
6.6 If the price on the quote or invoice includes the cost of any materials or services supplied by a third party, the customer agrees that Stone Wholesalers is entitled to include a handling fee in addition to the price that was actually paid for the materials or services.
7. Ownership of the stone
Notwithstanding when delivery takes place, the goods will remain owned by Stone Wholesalers until payment in full has been received in our bank account in cleared funds at which time ownership will pass to you.
8. Delay or other problem
8.1 Various circumstances or events can affect the supply and delivery of the stone. If this happens we will use our best endeavours to rectify the problem as soon as possible and we will contact you to discuss an extended time for delivery of the stone.
8.2 Notwithstanding clause 8.1 we reserve the right to be able to unilaterally change the delivery date by giving you written notification of the revised date.
8.3 Please note that we do not accept liability for any delay in delivery. This means that time is not an essential condition of these terms and conditions.
8.4 If there is a problem caused by you (for example by breaching these terms and conditions or by making any statement which is inaccurate or misleading and which we have relied on) we reserve the right to terminate your Order under these terms and conditions.
8.5 We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
8.5.1 the requested Products in that Order are not available; or
8.5.2 there is an error in the price or the product description I relation to the relevant Product in that Order; or
8.5.3 that Order has been placed in breach of these terms and conditions.
9. Inspection after delivery and notification
9.1 You are required to inspect the stone upon delivery. If there is any defect, damage or any part of the stone is non-matching stone (collectively referred to as a “stone problem”), you must notify us by phone or face-to-face immediately after your inspection and confirm brief details of the stone problem by email within 24 hours of delivery (the oral and email communication are together referred to as “notification”).
9.2 We cannot accept responsibility for any stone problem unless you comply with the notification requirements above and you allow us access to your premises immediately after notification at a time which is convenient to us so we can inspect the stone.
10.1 Natural stone does not have warranty as it is a natural product. We advise that all materials are to be inspected prior to purchasing.
10.2 Stone Wholesalers is not liable for any damage, breakage or fracturing which occurs as a result of the way the goods were handled or installed after delivery by anyone other than an authorised representative of Stone Wholesalers.
10.3 Stone Wholesalers is not liable for any damage, breakage or fracturing the cause of which has been contributed to or caused by inadequate support.
10.4 Stone Wholesalers cannot and does not warrant that the stone is fit for any particular purpose.
10.5 Absolutely no claims will be accepted for any reason after materials are installed.
10.6 Goods received with cracked or broken tiles/pavers must send a photo via email only. To exchange please return cracked or broken tiles/pavers in order to be replaced with new tiles/pavers. Stone Wholesalers reserves the right to refuse replacing tiles or pavers.
10.7 You warrant that:
10.7.1 all information and data provided by you to is true, accurate, complete and up to date;
10.7.2 the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and
10.7.3 you have and will comply with all relevant laws relating to your placemen of any Order with us.
11. Costs or losses incurred
11.1 Unless you are in breach of these terms and conditions, if we terminate these terms and conditions under clause 8.3, we will refund money paid by you for any stone which is not delivered
11.2 Stone Wholesalers is not liable for any costs, expenses or losses which you incur or any problems which arise as an indirect consequence of our non-compliance with the terms of these terms and conditions, whatever the reason for the non-compliance may be, except to the extent that the law may require the payment of compensation. By way of clarification, we are not liable for what is known as indirect or consequential losses.
11.3 Stone Wholesalers is not liable for any costs, expenses or losses which you incur or any problems which are caused or contributed to either directly or indirectly by a breach of these terms and conditions by you including, by way of example and not limitation, any statement which you have made to us which is inaccurate or misleading.
12. Dispute resolution
12.1 If a misunderstanding, disagreement, dispute or other problem which a party has a complaint about (problem requiring negotiation) is not resolved by discussion, it is a precondition to the commencement of legal proceedings that both parties to these terms and conditions use their best endeavours to resolve the problem requiring negotiation by following the steps in paragraphs 12.2 to 12.5. This does not prevent a party applying for an injunction if an application for urgent relief is justifiable.
12.2 The party who has a complaint (person complaining) must set out in writing the nature of the problem requiring negotiation in sufficient detail for a reasonable person who is not familiar with the circumstances to understand all relevant details, the contentions of the person complaining and the facts which support the complaint (notice of dispute).
12.3 The person complaining must ensure that the other party (recipient) receives a copy of the notice of dispute not later than 10 days from the date that the problem requiring negotiation was first discussed.
12.4 Within 10 days of receipt of the notice of dispute the recipient must give a written reply to the person complaining. The written reply must contain sufficient detail for a reasonable person who is not familiar with the circumstances to understand the contentions of the recipient. The written reply must also put forward 3 separate times/dates within the following 10 days when the recipient is available to negotiate the problem requiring negotiation.
12.5 The person complaining must notify the recipient which time/date is suitable for the negotiation to take place which will occur at a place nominated by Stone Wholesalers which must be no further away from your address than our premises.
12.6 The failure of the customer to pay money payable under these terms and conditions alone does not fall within the meaning of a “problem requiring negotiation”.
13. Interpretation, definitions and general provisions
13.1 The words in italics have the meaning which immediately precedes those words where they appear in brackets. If any words in italics do not appear in brackets in these terms and conditions, the meaning of those words is as follows:
“additional fee” means a fee as agreed by you and us or, if no agreement is reached, a fee based on the number of man-hours to do the additional work multiplied by $280 per hour plus the cost, and handling fee, plus GST for any materials required to do the additional work
“additional work” means any work which is required to be done pursuant to the relevant clause of these terms and conditions which entitles us to be paid an additional fee “agreement” means the order confirmation and the terms and conditions set out above.
“Stone Wholesalers” means Stone Wholesalers Pty Ltd ACN 141 802 495.
“Stone Wholesalers plans and specifications“ means the plans and specifications prepared by Stone Wholesalers pursuant to clause 2.4
“cleared funds” means the payment has been received in the relevant bank account and is able to be withdrawn or used in financial transactions
“delivery” includes collection by you or on your behalf
“delivery address” means the address specified in the Delivery section of the order confirmation
“delivery date” means the date stated for delivery or collection (whichever is relevant) on the order confirmation as varied by subsequent written notification by Stone Wholesalers
“fabrication” means cutting, shaping and finishing
“final plans and specifications” means plans and specifications which include measurements and sufficient detail to enable fabrication of the stone
“finish” means apply the finish specified on the order confirmation
“handling fee” means a fee as quoted by Stone Wholesalers plus GST
“inadequate support” includes, by way of example and not limitation, the movement, subsidence, breaking or weakness of any support structure or movement or subsidence of the floor under any such support structure
“installation date” means the date stated for installation on the order confirmation
“order confirmation” includes all the details on the page headed “Order Confirmation”
“original plans and specifications” means plans and specifications provided by the customer relating to the stone which shall include information sufficient to enable Stone Wholesalers to cut, shape and finish the stone and, if applicable, install the stone
“premises” means the house or other type of building at the address set out in the Deliver/Install section of the order confirmation
“price” means the total price in the Price section of the order confirmation
“problem requiring negotiation” has the meaning in clause 13.1
“site” means that part of premises at the address set out in the Deliver/Install section of the order confirmation where the stone is to be installed
“revised date” means the new date provided by written notification to the customer under clause 8.1
“site address” means the address set out in the Deliver/Install section of the quote or invoice
“site measurement” means measurement by Stone Wholesalers of that part of the site where the stone is to be installed
“ “stone problem” has the meaning in clause 10.3
“terms” refers to the terms and conditions above and includes the order confirmation
“we”, “us” and “our” each means Stone Wholesalers Pty Ltd
“you” or “your” refers to the customer named on the quote or invoice
13.2 Whenever an example is given in these terms and conditions it is given by way of example only and is not to be construed as a limitation of the range or ambit of the provision that it is an example of. Furthermore, whenever the word “including” (or any variation thereof) is used the words which follow are regarded as an example.
14. Governing Law and Jurisdiction
These Terms are governed by an construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remained of these Terms, which will continue in full force and effect.
These Terms may be amended at any time without notice.