STONEWORLD TERMS & CONDITIONS OF SALE
The terms & conditions contained herein shall be incorporated in all agreements between Stoneworld (“the Company”) and its customers (“the Customer”) with respect to the purchase of goods (“goods”) from Stoneworld by the Customer and shall form a legally binding agreement between the Customer and the Company upon the Company’s acceptance of any order from the Customer.
1. Credits & Returns
1.1. The Customer may return goods provided that:
(a) goods must be of current stock & shade;
(b) goods must be accompanied by relevant Delivery Docket & Invoice;
(c) goods returned must not be marked or damaged & must be in full unopened boxes;
(d) Customer must obtain written authorization from Stoneworld prior to return;
(e) all claims for credit must be made within 7 days of delivery;
(f) the responsibility & costs of returning goods for credit to our store is solely that of the Customer;
(g) credit will be allowed on the basis of full purchase price less 20% handling charge and restocking fee.
1.2. No credit will be allowed on goods that have been sold at a special discounted price, goods that have been purchased from another merchant or wholesaler at the request of the customer or that do not meet the credit requirements set out above.
1.3. Other than as provided in these Terms or as otherwise required by law, we do not accept the return of any goods.
2. Terms of Payment
2.1. All goods must be paid for C.O.D. unless otherwise agreed to in writing by the Company. The Company may, at its sole and absolute discretion, grant to the Customer a credit facility in respect of any order subject to the Company’s acceptance of a completed account application.
2.2. Title to & property of the goods shall only pass to the Customer following receipt by the Company of all moneys payable by the Customer with respect to such goods, provided that the goods will be at the Customer’s risk immediately following dispatch from the Company’s premises.
2.3. We reserve the right to charge 1.5% interest per month on accounts that are unpaid two months after the last day of the month following invoice date.
2.4. Without prejudice to any other rights and remedies the Company may have, the Customer agrees that, in the event that any invoice payable to the Company is more than 90 days in arrears, the Company (or its employees or authorised representatives) may enter the Customer’s premises and/or any other premises where the goods may be located within business hours without notice and take possession of goods delivered to the Customer by the Company to the value of the outstanding balance plus any costs of collection and restocking.
2.5. The Customer agrees to store, mark, and keep appropriate records for the goods delivered to the Customer so that the goods can at all times be identified as the property of the Company.
2.6. The Customer acknowledges that these Terms & Conditions constitutes a security agreement (as defined in section 10 of the Personal Property Securities Act 2009 (Cth) (“PPS Act”) and gives rise to a purchase money security interest (defined in section 14 of the PPS Act) in favour of the Company over the goods supplied, or to be supplied to the Customer as grantor (defined in section 14 of the PPS Act) pursuant to these Terms & Conditions.
2.7. The Company may register its security interest in the goods supplied or to be supplied to the Customer as grantor pursuant to these Terms & Conditions on the Personal Property Securities Register as a purchase money security interest. The Customer must do everything (including, without limitation, obtaining consents and signing documents) which The Company requires for the purposes of: (i) ensuring that the Company’s security interest is enforceable and otherwise effective under the PPS Act for payment of all amount owing by the Customer and performance of all obligations owing by the Customer; (ii) enabling the Company to gain first priority (or any other priority agreed to by the Company in writing) for its security interest; and (iii) enabling the Company to exercise rights in respect of the security interest.
3. Terms of Payment
3.1. Delivery and/or pick up are to be arranged prior to the delivery date and may incur charges.
3.2. In the event of goods not being received owing to the Customer’s absence at the stated address, any additional delivery charges will be charged to the Customer’s account.
3.3. The Company will not be liable for any damages or loss incurred by the Customer as a result of any delay in delivery of materials or otherwise.
4. Variations in the Characteristics of the Goods
4.1. The Customer acknowledges and agrees that the goods sold by the Company may be subject to one or more of the following characteristics and will not be considered faulty, defective or of unacceptable quality due to the existence of such characteristics:
(a) crazing, or shade variations, which are an inherent feature of all kiln fired ceramics and natural stone;
(b) optical hazing or smudging which are naturally occurring characteristic of polished porcelain goods;
(c) reasonable variations in colour & veining in marble and granite goods, as these are natural goods and such variations must be expected;
(d) variations in sizing, weight, colour (including changes to colour over time), pattern, veining, texture, durability, density, surface and finish.
For further information on the characteristics of our goods, please see the ‘Knowledge Base’ section on the Stoneworld Website located at http://www.stoneworld.com.au.
4.2. Stoneworld makes every effort to display the colours of the goods as accurately as possible on all its marketing materials, including its website, instore materials and other electronic materials, however Stoneworld cannot guarantee an exact colour match of the on-screen colour to the colours of the actual goods, and the colours contained on such materials should not be relied on by the Customer.
4.3. For all tiles, the Customer should inspect all goods prior to laying to ensure they are the correct colour and batch/shade.
5.1. The Company provides no guarantees other than those set out in these Terms & Conditions of Sale and those required by law. All terms, which would otherwise be implied by law or otherwise, are excluded except as stated in these Terms & Conditions of Sale.
5.2. Since the use of our goods is beyond the control of either the seller or the manufacturer, the Company’s only obligation shall be to replace any quantity of product which is proven defective. They cannot assume any risk or liability for results obtained, nor can they accept liability for damages in excess of the purchase price of the product itself, which does not include labour or any consequential damages resulting from the use of our goods. Determining the suitability of our goods for any intended use shall be solely the responsibility of the user.
6. Limitation of Liability & Indemnity
6.1. To the fullest extent permitted by the Australian Consumer Law (“ACL”), the Company’s liability shall be limited to the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.
6.2. Except as expressly provided in Clause 6.1 and to the fullest extent permitted by law, the Company shall not be liable to the Customer for:
(a) any claim made after the goods have been fixed, installed or used in any other way;
(b) any claim made with respect to any variations of the characteristics of the goods as referred to in clause 4 above; and
(c) any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the goods.
6.3. Any claims arising from transit damage to goods must be notified to us by the Customer within 2 (two) days of receiving the goods.
6.4. The Customer hereby indemnifies and holds the Company, its Directors, officers, agents, employees, contractors and representatives (“Indemnified Parties”) forever harmless from and against all liabilities, losses, damages, costs, expenses incurred or suffered by the Indemnified Parties and any actions, proceedings, claims or demands against the Indemnified Parties, and from and against all actions, proceedings, claims or demands made against the Indemnified Parties, arising from the Customer’s failure to comply with any laws, rules, standards, regulations or instructions applicable in relation to the goods and/or any negligence or breach of duty by the Customer in relations to the goods.
7. Marble & Granite
7.1. We recommend that marble & granite tiles should only be laid by experienced marble & granite tilers. Inexperience with these materials can result in damage to the polished surface and incorrect laying.
7.2. The Company shall not be liable for any damage or breakage whatsoever occurring after delivery or for any loss incurred by the Customer as a result of such damage or breakage.
7.3. It is recommended that only epoxy glue and grout be used in the fixing of marble & granite tiles as the use of cement based goods can cause burning of polished surface.
7.4. All samples are to be paid for.
8. Green & White Marble – Fixing Instructions
8.1. The composition of these marbles includes a variety of metals and minerals which, when exposed to strong acid and alkaline solutions (such as cement and water or ammonia), will undergo a chemical reaction. It is therefore not possible to use cement or cement based adhesive when fixing these types of marble as this may cause burning, blistering and staining on the marble surface. Only a pure epoxy adhesive spread evenly on the back of the tile can be used when fixing these tiles. In addition, grouting must also be done with a pure epoxy grout. On no account should a cement or a cement-based grout be used.
8.2. Marble and granite tiles should not be cleaned with acid or acid based industrial cleaners.
8.3. The company shall not be liable in any respect for advice provided herein regarding fixing, grouting, cleaning or maintenance.
9. 10 Year Quality Assurance
9.1. Stoneworld guarantees for 10 years that all first quality tiles we supply will be repaired or replaced when the product is proven and acknowledged to be faulty. This assurance begins from the date of purchase and does not cover chips or defects that are the result of misuse or abuse and excessive wear and tear, nor does it cover damage caused during the installation process. Tiles must be installed in accordance with AS3958.1 in order for this guarantee to apply. Tiles will not be considered defective if they meet the accepted Australian standards or industry standards.
10. Slip Resistance
10.1. Any Slip resistance test results provided by the Company to the Customer are based on available samples/stock at the time of testing and the Customer acknowledges that such test results may vary from batch to batch.
10.2. The Company provides slip rating test results to Customers as a guide ONLY and takes no responsibility of the slip rating on any non-tested batches, nor is it liable for any costs incurred in any further testing or re-testing of goods.
10.3. If particular slip resistance is required by the Customer, we recommend getting a new test carried out on each batch of goods required at the Customer’s expense.
11.1. These Terms & Conditions constitute the entire agreement between the Parties in respect of the matters dealt with in these Terms and supersedes all prior agreements, understandings and negotiations in respect of the matters dealt with in these Terms & Conditions.
11.2. Nothing in these Terms & Conditions shall make any Party the employee, partner, agent, legal representative, trustee or joint venture of the other, for any purpose whatsoever.
11.3. These Terms & Conditions are governed by the laws of the State of New South Wales. Each Party submits to the exclusive jurisdiction of the courts of that State.
11.4. Any provision of these Terms & Conditions that is found to be invalid, unenforceable or illegal shall be excluded from these Terms & Conditions only to the extent necessary to avoid that effect. All other provisions of the Terms & Conditions shall remain valid and enforceable.
11.5. These Terms & Conditions are legally binding between the Customer and the particular entity which is selling the goods to the Customer under the trading name Stoneworld.