The purchaser offers to purchase and ARMSTONE agrees to sell the goods upon the terms and conditions set out hereunder:
1. A minimum deposit of 40% of the total price is payable upon Invoice and the balance is payable in “cleared funds” prior to delivery or pick up of any goods.
2. ARMSTONE can only reserve any quantity of stones for a maximum of 4 weeks. Any deposit paid to reserve the stones is non-refundable unless advised by ARMSTONE. After 4 weeks, any deposit paid will automatically get void and the stones get released unless advised by ARMSTONE.
3. Title to the goods shall not pass until such time as full payment is made to ARMSTONE.
4. ARMSTONE can refuse servicing any customer and/or decline selling any goods without providing any reason.
5. Delivery of goods by ARMSTONE is made by outside contractors (“the carrier”) and will be made to the kerbside only. Any special delivery requirements must be made directly to the carrier and any arrangements shall be paid for directly to the carrier. ARMSTONE accepts no liability for any delays or unforseen delays in delivery by the carrier or any costs incurred by such delay including but not limited to payment to trades in the event of a delay. WE DO NOT RECOMMEND TRADES BEING BOOKED FOR THE DAY OF DELIVERY.
6. In all cases, the disposal of crates, pallets and packaging material is the responsibility of the purchaser.
7. Delivery of goods and receipt by the purchaser constitutes completion of the sale contract (whether or not the purchaser signs a delivery docket) at which time the purchaser becomes the owner of the goods The purchaser should check kerbside delivery on arrival to ensure correct product has been supplied in the correct size, colour, quantity and quality and prior to unpacking or moving the pallets/crates.
8. The purchaser shall advise ARMSTONE of any reasonable discrepancies prior to laying and within 48 hours of delivery and any fault will be rectified as soon as possible. We do not accept responsibility for payment to trades people in the event of any problem or fault in the goods arising or needing to be rectified by Armstone.
9. ARMSTONE will not accept any responsibility pursuant to cl. 8 herein once the product has been laid or fixed.
10. The purchaser acknowledges that natural stone products can vary between batches. Variation in size and shade is inevitable, and although ARMSTONE will use its best endeavours to ensure that batches will generally match within reason but is unable to provide an unconditional guarantee of exact match from one delivery to the next and the buyer will raise no objection or requisition in relation to this.
11. Among all natural stone tiles & pavers, (+/-) 2mm variation in size & thickness is expected.
12. Among all natural stone tiles & pavers, it is expected to get up to 5% breakages.
13. The purchaser acknowledges that samples are only indicative and MUST NOT be relied upon as exact replicas of delivered orders. Natural stone tiles and pavers may display shade variation between batches. In this case the material needs to be “mixed” from various crates to provide an even colour variation.
14. Samples in the ARMSTONE showrooms are indicative only of the goods supplied which may subject to variation.
15. The purchaser is responsible for ordering the correct quantity of goods and ARMSTONE shall not be held responsible or liable for any loss incurred by a purchaser due to the ordering of an incorrect quantity of goods.
16. Where possible, we recommend that the purchaser should in addition to the quantity required in the one order, add 5-10% more product as recommended by the industry standards and depending on the shape, laying pattern and detail for wastage and rejection.
17. The Purchaser acknowledges that acids, cleaning chemicals and similar materials may damage the surface of natural stone products. No responsibility will be taken or accepted for damage to products caused as a result of the use of such materials. The Purchaser should seek appropriate advice as to which product is suitable for each material.
18. ARMSTONE recommends that all material is sealed in accordance with the manufacturer’s instructions, & be done immediately after laying ARMSTONE products. In certain circumstances some natural stone products may need to be pre-sealed. Please check with a suitable qualified professional if this is the case. (ARMSTONE stocks a large range of quality sealers and cleaners).
19. Acceptance of any returns or order cancellations will be at the sole discretion of ARMSTONE. In the event that ARMSTONE shall agree to the return of any goods or cancellation of any order, then a 30% handling, packaging & re-stocking fee will apply plus any applicable freight costs. These costs shall be paid by the customer prior to pick up or will deduct from any credit due to them. In the event that ARMSTONE shall agree to the return of any goods or cancellation of any order, all returns or order cancellations are only accepted within the first 14 days from placing the order and will attract 30% handling, packaging & re-stocking fee.
20. All deliveries will be done by a Hiab truck that has a Crane attached to it. The driver will unload the goods using the crane or a forklift truck.
21. All deliveries will be done to the front gate only. Carrying the goods to the required area will be sole responsibility of the buyer.
22. All deliveries can take place anytime from 7am to 5pm. ARMSTONE is unable to promise an exact time for the delivery.
23. ARMSTONE will use its best endeavours to ensure all delivery to take place on the buyer nominated date. But if a delivery gets interrupted because of any unforseen circumstances, ARMSTONE can not be held liable for this. But ARMSTONE will re-schedule the delivery ASAP.
24. Stones are delivered using wooden pallets, crates or skids. Disposal of all pallets, crates or skids will be sole responsibility of the buyer.
25. Where a reference is made in the “singular”, then the “plural” can apply and vice versa.
26. By accepting the Quotation or Tax invoice generated by ARMSTONE, the customer automatically confirms that all details on the invoice are correct and automatically agrees to all conditions of sale.
27. The laws of New South Wales and its statutes and legislative provisions shall apply herein.