SANDSTONE SALES Pty Ltd TERMS and CONDITIONS of SALE

Names: Any reference to Sandstone Sales in these terms refers to all employees and agents of Sandstone Sales Pty Ltd
Application of terms: Unless otherwise agreed in writing, these terms apply to all orders placed with Sandstone Sales. Sandstone Sales reserves the right to alter these terms and conditions from time to time without notice to any customer.

Acceptance, Withdrawal & Duration of Quotation or Order: Sandstone Sales shall not be bound by any quotation or order and reserves the right to withdraw any quotation or reject any order, at any time. Quotations are valid for 60 days from date of issue.

Confirmation & Authority to Order: It is the responsibility of the Customer to review all details listed in the quotation or invoice, prior to acceptance of the order. Confirmation of the order is by payment of the deposit and considers the supplied quotation or invoice to be accurate, with no further changes accepted. In certain circumstances, confirmation of the order and acceptance of the quotation or invoice will also be accepted if given by Customer in writing or verbally. Any order placed or variation of order communicated either verbally or in writing on behalf of a customer by any agent of the customer is deemed to have been placed with the authority of the customer.

Variation: Requests for variation of orders must be communicated to Sandstone Sales in writing & may accept or reject such requests at its discretion, as the production of the order may already have begun.

Manufacturing Tolerances & Colour Variations: An order is accepted on the basis that the customer fully understands and accepts that sandstone is a naturally occurring product and has natural imperfections which include, but are not limited to, veining, colour variations, fissure and craze marks and surface pitting. These variances should be celebrated as they display the true nature of sandstone, not considered to be imperfections. During production variations in stone thickness are common. Dimensions supplied are nominal only and standard tolerances of + 5-10mm are common. Products with a Hydrasplit finish, may exhibit higher tolerances. If a photo or sample has been provided for reference, this is indicative only and the finished order may vary, with no liability accepted by Sandstone Sales and no refund will be approved.

Cancellations & Refunds: No order may be cancelled without the prior written consent of Sandstone Sales which may be granted or rejected at its sole discretion. Any deposit held for a cancelled order may be withheld in part or full at the discretion of Sandstone Sales. Refunds or exchanges are not available for cut to size products, alterations to dimensions or products based on previously accepted quotations or invoices, change of mind or reduction of quantity required and colour variances.

Customer Supplied Materials: Sandstone Sales is not responsible for the performance of any materials supplied by the customer. This includes (without limitation) any problems associated with the subsequent location and/or use of the materials. The customer is responsible for all material and labour costs of remedying flaws in goods supplied by him.

Payment: All goods ordered by the Customer must be secured by a deposit payment of 50% of the Order value. No work will commence on the order until the deposit has been paid and funds cleared. The balance of the order must be paid and funds cleared, before the goods are released or delivery arrangements are made.

Date of Delivery: Any delivery date specified by Sandstone Sales is an approximation and estimated as accurately as possible. Sandstone Sales will not be liable to any party for any failure to meet the specified date or for any loss, damage or delay occasioned to any party arising from late or no delivery. Should the goods be completed and ready for either delivery to or pick-up by the Customer and he is unable to take delivery of the goods for a period greater than 14 days then 75% of the Order value shall be due for payment at this time.

Access for Delivery: The Customer is responsible for ensuring that the delivery point has safe and adequate access to allow Sandstone Sales, or its agent, to deliver the goods without risk to any personnel, vehicle or property and Sandstone Sales, or its agent, will not be responsible for any loss or damage incurred to, but not limited to, driveways, pathways, lawns, gardens, walls or fences. If required, traffic control, parking permit or signage will be supplied by the and at the expense of the Customer. It is at the discretion of Sandstone Sales, or its agent, to refuse delivery at any time if site deemed to pose a risk to personnel, property or vehicle.

Suspension of Deliveries: Sandstone Sales may suspend delivery of the goods if the customer has any overdue invoices.
Passing of Title: Title to goods supplied will not pass to the customer until cleared payment in full of all sums due to Sandstone Sales has been made for the goods and services involved. Until then, the Customer shall hold the goods as bailee only of Sandstone Sales and owes Sandstone Sales the duties and liabilities of a bailee.

Repossession of Goods: If payment in full is not made to Sandstone Sales by the due date the customer releases and irrevocably grants Sandstone Sales full and free license to enter the site where the goods are for the purposes of repossession and removal. The Customer releases and indemnifies Sandstone Sales from and against all claims, demands, actions, liability, damages, loss, cost and expense whatsoever arising out of or in consequence of such entry, repossession and removal and any damage necessarily caused thereby. Sandstone Sales may refer to a third-party debt recovery company for debt retrieval & may disclose all personal information to assist with the recovery. Any expenses or costs associated with recovery of debt will be an additional cost to the Customer.

Risk & Insurance: All goods will be at the Customers risk in all respects from the time of their delivery.

Warranty: Sandstone Sales warrants that the goods supplied by it are free from workmanship faults and are supplied within the manufacturing tolerances stated above. The warranty does not apply to any fault or failure due to any event or circumstance beyond the control of Sandstone Sales or any failure by the Customer to properly maintain and use the goods for the purpose for which they are intended.

Limitation of Liability:

1. Except as provided herein or prohibited by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose are hereby expressly excluded and Sandstone Sales shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of goods by Sandstone Sales or negligence by Sandstone Sales in any way whatsoever.
2. Where permitted by the Trade Practices Act (Cth) 1974 Sandstone Sales’ liability for breach of a condition of warranty implied by the Trade Practices Act is expressly limited to in the case of goods:
   i. The replacement of the goods with equivalent on the proviso that the originally delivered goods are returned to Sandstone Sales for our reuse.

Governing Law: The contract for sale to which these terms relate shall be governed and construed in accordance with the laws for the time being in force in the state of New South Wales and the parties agree to the exclusive jurisdiction of the Courts and Tribunals of that state.