TERMS AND CONDITIONS OF SALE.
1.1 - Except to the extent otherwise explicitly agreed in writing between the parties, the following terms and conditions (“Terms and Conditions”) and if applicable, the Marble Plus credit application completed by the client (together with any credit guarantees) govern all sales of stone and other products (“Product”) by Marble Plus Pty Ltd (“Seller”) to the Buyer and will prevail over any other document. The Buyer acknowledges that it has not relied on any representation, inducement, warranty or promise which is not set out below.
The Buyer accepts these Terms and Conditions upon:
(i) its signing of this form;
(ii) providing the Seller with instructions to order a Product after receipt of this document; or
(iii) its acceptance of any Product.
Account customers are strictly as per specified trade terms.
2.1 - Unless otherwise agreed in writing, all sales shall be made at the Seller’s current price for the Product as shown on its current price list including any attachments or if applicable quotation, as issued by the Seller to the Buyer.
2.2 - The Seller reserves the right to revise its prices with or without notice. In the event the Seller provides the Buyer notice the price change shall be effective as of the date set forth in the notice; if no notice is given, the price in effect as of the date of scheduled delivery shall apply.
3. DELIVERY AND ACCEPTANCE
3.1 - Unless otherwise provided on the face of the Buyer’s purchase order, The Buyer shall take delivery of the Product at the Seller’s yard, plant or facility and it is agreed that the Seller completes any obligation hereunder regarding physical delivery by making the Product available to the Buyer.
3.2 - The Buyer must inspect and check the Product prior to acceptance of the Product and at the time of delivery. The Seller shall not be liable for any claims relating to incorrect products, shade variations, or damages. The Buyer must notify the Seller immediately at the time of delivery about any claims regarding the Product. The Buyer shall not make a claim against the Seller exceeding the invoiced amount.
3.3 - Deliveries to a site are at a set fee. The Product will be delivered and placed on the nature strip, unless there is a prior written arrangement between the parties, and are subject to access and driver discretion. The Seller shall not be liable for any loss or damage suffered by the Buyer as a result of delay, driver discretion, driver negligence or placement of the Product upon delivery.
3.4 - Due to special requirements required to handle large slabs or slabs of stone, Marble Plus Pty Ltd will not deliver.
4. FILLING OF ORDERS
4.1 - The Seller may fill the Buyer’s purchase order from existing inventory in order to meet the purchase order specifications, and may deliver any order in separate or partial deliveries at the Sellers absolute discretion, with each partial delivery standing as a separate order made pursuant to these Terms and Conditions. The Buyer may not refuse to accept any partial delivery of a Product or refuse to make a payment due to the reason of the Sellers failure to deliver any remaining Product ordered. The Buyer may not cancel any order without prior written consent of the Seller.
4.2 - Purchased stock items not collected within four (4) weeks or within an agreed time frame will be subjected to a storage fee of fifty ($50) per week in addition to the invoiced amount and is payable on demand.
4.3 - All goods must be collected within four (4) months of invoice and this applicable to indented goods on arrival.
5. STONE AND OTHER MATERIAL PRODUCTION
5.1 - The Seller accepts no responsibility in respect to any minor variations between samples shown to the Buyer and actual supplied Product. The Buyer waives any claim against the seller for any such variation.
6. FORCE MAJEURE
6.1 - The Seller shall not be liable for any delay in the delivery due to any circumstances beyond its reasonable control, including, without limitation, any act of god, war, fire, breakages, breakages of machinery, strikes, shipping or arising out of any other unexpected cause, or cause beyond reasonable control of the Seller. Any non-performance as a result of the occurrence of any Force Majeure event shall not place the Seller in default in relation to the affected order, and the Seller’s sole and exclusive liability to the Buyer for failure to deliver the Product due to a Force Majeure event shall be limited to the return of the purchase price for the Product if previously paid by the Buyer.
7. PASSING OF TITLE
7.1 - Title of the Product shall pass from the Seller to the Buyer at the time all funds have been cleared.
7.2 - Liability for and risk of loss of all Product shall pass to the Buyer at the time the Buyer accepts delivery of the Product.
8.1 - Commercial material, second choice are sold as is and are non-refundable or warranted.
8.2 - The Seller shall not be liable in any aspect for advice given for the fixing, sealing or cleaning of goods, nor shall the Seller be liable for any damages or losses incurred by the Buyer as a result of the Product purchased.
8.3 - The Buyer acknowledges and agrees that the Product supplied is to be installed or applied by experienced and licensed trades and that the application of the Product are within the relevant Australian Standards or manufacture directions of use.
8.4 - A breach of clause 8.3 will void all claims by the Buyer against the Seller regarding the Product purchased.
8.5 - Wholesale material purchased and sold to a third party are subject to these Terms and Conditions. Any claims made via the purchaser must be within a reasonable time frame, as determined by the Seller. Upon evaluation, if required, a site meeting will be held with all parties and trades to mediate or resolve any issues.
8.6 - All claims must be submitted in writing.
8.7 - A site inspection fee will apply should no fault be warranted against Seller of supply of the Product in the sum of $150-$200 within Sydney Metro or Brisbane Metro, additional cost also may be incurred beyond these areas at the Seller’s discretion.
9. RETURN OF STONE OR PRODUCT
9.1 - No indented material will be accepted for returns or cancellation once deposit taken.
9.2 - Returned Product or cancellation of Orders will have a thirty (30%) handling charge returns are to be of same tonality as in stock and no less than five (5) boxes or five square meters (5m2). All goods must be in original cartons, unopen, un-damaged and accompanied by the invoice number.
10. TERMS OF PAYMENT
10.1 - All Product shall be paid for in accordance with clause 10.3 prior to delivery, unless the Buyer has an approved credit account with the Seller, in which event the Buyer must make each payment for the Product within 30 days of the date of the Sellers monthly debtors’ statement.
10.2 - If the Buyer fails to make any payment in accordance with these Terms and Conditions, or fails to comply with any of the terms hereof, the Seller may, at is option, cancel any order/work in progress for the Buyer whether on this order or any other order, and may refuse to deliver any undelivered Product to the Buyer, whether on this order or any other order. In such event, all unpaid amounts owed by the Buyer to the Seller for the purchase of the Product, whether on this order or any other order, shall be immediately due and payable.
10.3 - Payment options – Cheque (provided 5 working days prior to delivery) Visa, MasterCard surcharges may apply or direct deposit to our nominated bank account.
10.4 - All goods are subject to GST.
10.5 - Indented goods, ex stock require a sixty percent (60%) or agreed deposit amount on ordering and balance of payment required on arrival to the Sellers warehouse.
11. IMPORTANT INFORMATION
11.1 - The Buyer must, before purchasing a Product, ensure that the goods are suitable and meet the requirements for the application and are in compliance with any relevant Australian standards.
11.2 - Due to the composition of natural stone, manmade or clay fired products the Seller recommends that you seek advice on installation, sealing and cleaning, as incorrect methods may result in the damages of goods.
11.3 - It is recommended that goods supplied are installed or applied by experienced and licensed trades, and that the applications of goods are within the Australian Standards and/or manufacture directions of use.
11.4 - For further product advice, please ring technical support:
Sydney: Telephone (02) 9674 3100; Fax (02) 9674 3122 or
Queensland: Telephone (07) 3274 1100; Fax (07) 3274 1186.