1. Application of These Terms And Conditions
For the purposes of this agreement, “the Supplier” is Stone & Tile Studio ABN 49 630 915 147, its successors and assigns or any person acting on behalf of and with the authority of Stone & Tile Studio and “the Customer” is the business entity or individual ordering and receiving products and/or services from the Supplier. In this agreement “Product/s” means ceramic tiles, natural stone and associated products including but not limited to trims, grouting, sealers and glues; “Services” mean fixing and/or installation of the Product/s; and “Work” means the Supplier’s performance of work as specified in the Estimate or Work Authorisation accepted by the Customer.
2.1 Supplier’s Estimate
The Supplier may give the Customer an estimate specifying the Products and Services of interest, the prices (excluding GST) and delivery dates.
2.2 Under/Over Measures
Quantities shall not be the responsibility of the Supplier. Measurements are undertaken as a service only and all quantities should be checked by the Tiler or builder on site prior to commencement of Work.
2.3 Acceptance By The Customer
2.3.1 Where the Supplier has given the Customer an estimate the Supplier need not commence the Work until the estimate has been accepted by the Customer
2.3.2 The Customer shall accept the estimate by signing and returning a true copy of the estimate accompanied by a purchase order number if applicable. Acceptance by the Customer of the estimate will constitute acceptance by the Customer of these terms and conditions.
2.3.3 Estimates are valid for thirty (30) days only unless varied and duly authorised by the Supplier.
2.3.4 In acceptance of the estimate the Customer warrants that it has not relied on any representation by the Supplier other than as supplied in writing in the estimate.
2.4 Variations To Initial Estimate
The Customer shall indemnify the Supplier from any additional cost incurred by the Supplier should the Customer make changes to specifications or increase the scope of the Work to be provided by the Supplier or plans and specifications supplied by the Customer prove to be inaccurate, impractical or unworkable in application.
3. Non Standard Products & Overseas Orders
3.1 Full payment must be received by the Supplier for non standard products, special orders or Products cut to order;
3.2 The Customer shall indemnify the Supplier from all costs and expenses incurred when Products are supplied as non-standard or manufactured exclusively to the Customer’s specification. The Customer acknowledges that these Products cannot be returned or cancelled under any circumstances;
3.3 Stone & Tile Studio will always do their utmost to have your material arrive within the time frame specified but will not be held responsible or be subject to any penalties for delays in manufacture or shipping delays or customs clearance;
3.4 If the material arrives from overseas with any defects or breakages Stone & Tile Studio will reorder and replace the material broken or defective. There are no returns on special orders and the order cannot be cancelled once your invoice has been processed.
4.1 Delivery of the Products will be made to the Customer’s carrier at the Supplier’s warehouse. It is the Customer’s responsibility to arrange the freight of the Products unless otherwise agreed in writing by the Supplier.
4.2 Delivery of the Products made to the Customer at the Supplier’s warehouse will be on an agreed date and failure by the Customer to uplift completed Products from the Supplier’s warehouse on this agreed date may incur storage charges estimated on a daily basis.
4.3 Agreed delivery of Products to a third party and/or site nominated by the Customer is deemed to be delivery to the Customer for the purpose of this agreement.
4.4 Agreed delivery of stone and tiles in pallet lots will be made by crane truck and craned off to the nearest vantage point. Should tiles need to be unloaded by hand then a rate of sixty-five dollars ($65) per hour will be applied. Some delivery sites are difficult to receive the delivery close to the site due to steep or narrow driveways, overhead power lines or trees, it is up to the discretion of the driver if it can be delivered safely and with workplace guidelines, delivery under buildings or over walls are not permitted under these guidelines.
4.5 Delivery dates are forecast as accurately as possible. Failure of the Supplier to deliver shall not entitle either party to treat this agreement as repudiated. The Supplier shall not be liable for any loss or damage whatsoever due to the failure by the Supplier to deliver the Products, or any part of them, promptly or at all.
4.6 Before dispatch to retail tile shops the tile shop representative must check the Products to ensure they meet the description of the Products ordered. Failure to do so may invalidate the right of return.
4.7 Customers are to pick up goods stored in our warehouse at a mutually agreed time as negotiated with sales representative. Goods that are stored after such time will attract a storage fee of $10 per pallet per week or part thereof.
5.1 Time For Payment
The Customer must, within the time specified in the Supplier’s tax invoice, upon the Customer receiving the invoice, pay the Supplier the total amount set out in the invoice.
The Supplier may charge interest at a rate of two per centum (2%) above the commercial lending rate of the Westpac Banking Corporation calculated on a daily basis on amounts not paid within the time specified in the Supplier’s tax invoice.
The Supplier will require a fifty per cent (50%) deposit from the Customer unless otherwise advised in writing by the Supplier. The Customer acknowledges the Supplier is under no obligation to start the order as requested by the Customer until the deposit is received by the Supplier in full and when all details pertaining to contract are finalised. In the event of default as to payment owing to the Supplier on the part of the Customer, the Supplier shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in the contract in addition to any remedy available to the Supplier at law or in equity.
The Customer must pay to the Supplier any costs, expenses or losses incurred by the Supplier as a result of the Customer’s failure to pay to the Supplier all sums outstanding as owed by the Customer to the Supplier including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.
The Customer shall reimburse the Supplier 50% of total order, should the Customer cancel a confirmed order or estimate. All stock must return in saleable conditions in undamaged packaging. Once stock is viewed & approved action for return will proceed. Special order items & Natural Stone cannot be returned due to their nature.
6. Retention Of Title
Notwithstanding the delivery of the Products, title in any particular Product shall remain with the Supplier regardless of whether the Product is on-sold by the Customer until the Customer has paid and discharged any and all monies owing pursuant to any invoice issued by the Supplier for the Product, including all applicable GST and other taxes, levies and duties.
Where the Product has been on-sold by the Customer, the Customer will be taken to hold the proceeds of sale of such a Product upon trust for the Supplier and to account to the Supplier for these proceeds. Any payment made by or on behalf of the Customer which is later avoided by the application of any Statutory Provisions shall be deemed not to discharge the Supplier’s title in the Product nor the Customer’s indebtedness to the Supplier and, in such event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.
The Customer acknowledges that it is in possession of the Product solely as Bailee until payment of all invoices for the Product is made pursuant to clause 6.1 and until that time:
(a) the Customer is not entitled to sell the Product but only in the ordinary course of business;
(b) the Customer must not encumber or otherwise charge the Product; and
(c) the Customer shall be fully responsible for any loss or damage to the Product whatsoever and howsoever caused following delivery of the Product to the Customer.
The Customer hereby irrevocably grants to the Supplier the right, at its sole discretion, to access the Customer’s property and remove or repossess any Product from the Customer and sell or dispose of it, and the Supplier shall not be liable to the Customer or any person claiming through the Customer and the Supplier shall be entitled to retain the proceeds of any Product sold and apply same towards the Customer’s indebtedness to the Supplier.
If the Customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Supplier may, without prejudice to any other remedies it may have, repossess any materials delivered to the Customer on any account which has not been paid in accordance with the terms and conditions herein and commence proceedings to recover the balance of any monies owing the Supplier by the Customer.
7. Credits & Returns
- Please See In Store For Our Credits And Returns Policy
- Products must be accompanied by a relevant Delivery Docket or Tax Invoice as proof of purchase;
- All returns, refunds and exchanges on stock are at the discretion of Stone & Tile Studio Management;
- Tiles made of Porcelain, Ceramic, Glass, Stone, and any combination of these and other hard-surface materials are fragile cargo. Once items are invoiced there are no returns and no refunds;
- There are no returns or refunds on any fixing compounds, glue, grouts, and all other associated products;
- There are no returns or refunds on any and all tools, trims, and other accessories;
- Returns and refunds are provided for faulty or defective products only, within 5 days of delivery and after Stone & Tile Studio have confirmed that the fault is a product defect. Stone & Tile Studio must be provided the opportunity to replace the problem material, in such an event Stone & Tile Studio will not be held liable for costs to the project, builder or contractors due to delays in re order or exchange of products.
Defective Or Broken Tiles:
- Any breakages or defects must be reported within 5 days of delivery. We highly recommend that you or your representative receiving the delivery on site check the product as it is unloaded;
- All products are photographed at packing stage and on delivery to minimize confusion and to ensure our responsibility to deliver only whole and undamaged product;
- Photographic proof and the return of broken tiles are required for exchanging, once Stone & Tile Studio has approved this at Management’s discretion;
- As per the Australian standards there may be up to 3% damaged chipped or broken tiles or stone. These tiles are usually used for cuts and are classed as a part of the extra 10% calculated for waste at time of sale;
- No product claims shall be made once the material has been installed.
8. Liability & Claims
The Supplier disclaims any responsibility or liability relating to any Products or Services, subject to the following
8.1 All Products must be checked prior to installation and/or fixing to ensure they are correct in colour, batch and shade etc. The Customer shall not be entitled to make any claim against the Supplier after Products have been fixed.
8.2 Due to variations in colour and texture of materials natural or otherwise used in manufacture, no warranty, condition or guarantee is given by the Supplier that any Product shall correspond (in colour, texture, appearance, glaze, blend etc.) with any sample, display or any previous Product sold or displayed or any other batch of similarly described Product.
8.3 Because natural stone is a product of the earth, variations in colour, grain structure and veining are to be expected in tiles and slabs. The Customer accepts that the Supplier shall not be liable for any such variations.
8.4 Subject to the Trade Practices Act, any loss or damage incurred by the Customer caused by any defective materials or otherwise, is limited to the replacement of Products supplied only.
8.5 Ceramic tiles are not guaranteed against cracking, crazing, chipping or breaking.
8.6 All dimensions and measurement supplied by the Supplier is given as a guide only. It is the Customer’s responsibility to make accurate assessments of the areas or surfaces upon which the Product will be fixed.
8.7 Measurements of random natural stone slab/s supplied by the Supplier are approximate and are provided as a guide only. It does not constitute a guaranteed useable area.
8.8 It is the responsibility of the Customer to check the suitability of natural stone slab/s prior to dispatch. The Supplier is not responsible for the transportation of natural stone and therefore does not acknowledge any claims after the loading of the stone.
8.9 Sufficient Product should be on hand before fixing as no guarantee is given that subsequent supplies will match in shade or be available. Adequate Product should be ordered, considering wastage, cuts and future repairs. In the event a Product (e.g. delicate marble) is considered by the Supplier to incur a higher than usual wastage rate, the Customer will be notified in writing. The Customer acknowledges this written notification as an acceptable part of the Product and no claims will be entered into.
8.10 The Customer agrees to check all Products and Services for compliance with all applicable standards and regulatory bodies before use and takes full responsibility for the application and direction in accordance therewith.
8.11 Made or performed to designs, drawings, specifications and/or procedures etc which are provided or approved in part or in full by or on behalf of the Customer is undertaken solely at the Customer’s cost and responsibility.
8.12 The Supplier shall not be liable in any respect for advice provided regarding fixing, grouting, cleaning or maintenance of any Product.
8.13 The Supplier does not accept any claims arising from damage which has been caused by acids, chemical compounds or solvents used to clean the Product after installation.
8.14 Products may be damaged in transit or otherwise be or become unusable, so an allowance of plus or minus (+/-) five per cent (5%) is agreed and this quantity will be included in the Customer’s purchase order.
8.15 The Supplier shall endeavour to take due care in providing a safe environment for the Customer and any visitor to the Supplier’s premises. However the Supplier shall not be liable for any loss, damage or personal injury to Customers or visitors whilst on the Supplier’s premises.
8.16 The Supplier shall not be liable for any loss, damage or personal injury incurred in the transportation, handling and/or fixing of the Product by the Customer or any third party.
9. Force Majeure
9.1 The Supplier will have no liability to the Customer in relation to any loss, damage or expense caused by the Supplier’s failure to deliver the Product or supply the Services as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Supplier’s normal suppliers to supply necessary materials or any other matter beyond the Supplier’s control.
10. Supplier’s Recommendations
10.1 Natural Stone
The Supplier strongly recommends that any natural stone tiles (Marble and Granite etc.) be laid only by a qualified and experienced stonemason. Inexperience with these materials can result in damages to the stone and incorrect installation. Specialist advice should be sort in relation to sealing and cleaning Products as many commercially available Products are not recommended for use on natural stone. Acid or acidic-based industrial grout cleaners should not be applied to any natural stone Product. Some natural stone tiles (600 x 600 and beyond) are sawn cut directly from slabs and do not have a finished bevelled edge. Therefore it should be expected with the more delicate marbles, travertine, limestone and sandstones that chipping may occur as part of the nature of handling this material. Should a higher than standard wastage rate be foreseen the cost and responsibility for this will be that of the Customer, the Supplier will advise the Customer in writing. As this format tile does not enter a tile line it is not calibrated and allowances will need to be made accordingly.
11. Fixing Instructions
11.1 Green and Light Colour Marble
The composition of green and light colour marble includes a variety of metals and minerals, namely copper, which undergoes a chemical reaction when exposed to a strong alkaline solution such as cement and water or ammonia. It is therefore not possible to use cement or cement based adhesive when fixing marble, as this would cause burning and/or blistering to the surface of the tile. Only a pure epoxy adhesive, spread evenly over the back of the tile should be used when fixing these materials. In addition grouting must also be done with a pure epoxy grout. At no time should cement or a cement grout be used.
Sandstone should be laid and sealed by an accredited or approved applicator particularly around salt water swimming pools. The Supplier recommends Dry Treat Products be used according to manufacturers’ specifications with their ongoing maintenance regime to prolong the life of the sandstone.
Security & Charge
The Customer hereby charges all property, both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer to the Supplier under the terms and conditions or otherwise and hereby authorises the Supplier or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time or to register this charge over assets of the Customer with the Australian Securities and Investments Commission.
13.1 The Customer hereby authorises the Supplier to collect, retain, record, use and disclose commercial and consumer information about the Customer, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Supplier, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
13.2 The Supplier may give information about the Customer to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Customer’s credit file. This information may be given before, during or after the provision of credit to the Customer and will be in accordance with the Privacy Act 1988 and subsequent amendments.
14. General Matters
14.1 No Waiver
A power or right is not waived solely because the party entitled to exercise that power or right does not do so. A single exercise of a power or right will not preclude any other or further exercise of that power or right or of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
Any provision in these terms and conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these terms and conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
14.3 Governing Law And Jurisdiction
These terms and conditions are governed by the laws of the State of Queensland and all disputes arising between the Customer and the Supplier will be submitted to the Brisbane Registry of any Court as is competent to hear the matter.