GENERAL CONDITIONS OF SALE - WHOLESALE SLABS
1.50% deposit is required to reserve material.
2.Balance of 50% to be made within 30 days of invoice
3.Full payment is required prior to collection of material.
4.Funds must be cleared prior to goods being released).
5.Collection of material is to be made within sixty (60) days of payment.
6.It is the client’s responsibility to validate the quality of slabs prior to collection.
7.No returns or exchange are permitted on wholesale slabs after Buyer pickup.
8.Cancellation fee/restocking fee of 20% applies to returns or exchanges when completed after full payment but before pickup.
9.Material is ex-factory at 11 Yulong Close, Moorebank NSW 2170.
All products remain property of Art of Marble Pty Ltd until paid in full and funds cleared.
The following ‘Additional Terms and Conditions’ apply with relation to any offer or transaction made between Art Of Marble Pty Ltd (hereon in “Seller”) and its customers or prospective customers (hereon in “Buyer”). By transacting with Seller, Buyer confirms that they have read, obtained (or was given the opportunity to obtain) independent legal advice, and accepted these terms and conditions as well as the additional terms and conditions presented below.
Additional Terms and Conditions
1. No two natural stone slabs are identical. Thus, the delivered product may be different compared with the sample (or image) presented to you, and changes may occur between one slab to the next. Changes may include (but are not limited to) any or all of the following: colour, appearance of veins, degree of polish, fissure and/or craze marks (which may exist on delivery or appear later in time), pitting, resin fill, stone thickness and irregularities of the stone (which may cause stepping along the joint).
2. Due to the characteristics of natural stones, the following imperfections are inevitable: fissure, craze marks, use of resin fill, usage of patches and reinforcement techniques, breaks, chips, open veins (which may split open), pitting, lipping, irregularity of thickness, existence of joints, uneven joints, selection of different edging (at our discretion) and inconsistency of overhangs. Due to these natural characteristics, the Seller provides no warranty or guarantees on the purchased goods.
3. Buyer shall check the goods prior to installation and satisfy itself as to the matching of colour, grain, quality, strength, structure and veining.
4. Stones are not sealed unless expressly indicated in the quote. Sealing provides partial (but not absolute) protection against staining.
5. Natural stone is a porous material and can stain or etch. Seller will not be liable for any stain or etch caused by the Buyer to the stone.
6. Title to the goods will be transferred to the Buyer when full payment is made and funds have cleared. The risk of the goods will pass to the Buyer on delivery to the Buyer’s location, or to the installation site.
7. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise until Seller has accepted the Customer’s order and an Invoice has been sent to the Buyer.
8. Seller accepts no duty or responsibility for delivery of goods to Buyer, but may elect to arrange delivery at its discretion without any liability and at Buyer’s cost and responsibility.
9. Seller will not be responsible for any damages or loss incurred by Buyer as a result of delay in delivery of goods or supply of services.
10. Seller takes no responsibility for loss and damage caused due to incorrect fitting or installation of goods.
11. Buyer must inspect the goods upon delivery and within seven (7) days of delivery advise Seller in writing of: any alleged difference in the quality or quantity of goods supplied compared to goods ordered, and any goods that are allegedly defective, and must allow Seller a reasonable time to inspect any such goods. Should Buyer fail to comply with any of these provisions for delivery, the goods are taken to be supplied and delivered as ordered and otherwise in accordance with these terms and conditions. In any event: (a) Seller’s liability to Buyer is limited to the amount of monies actually paid under this transaction (b) Seller will not be liable for consequential damages; and (c) Seller will not be liable for any damage if any third party has tempered with the goods in any way.
12 The following will not be considered defects and will not be acceptable causes for any claim against Seller: any damage caused by acid, sealants, chemical products, application of force, polishing, crazing, shade variation, appearance of dots, response of other materials and structures to the stone, response of the stone to movements of structures, lipping, scaling, accuracy of templates, disappearing of grout, hairline cracks, staining, wearing, unevenness of surface, watermarks, detachments of fixtures, underfloor heating, temperature fluctuations, blockage of drains during installation.
13. To the extent permitted by law, Buyer acknowledges and agrees that Seller shall not be liable for physical or financial injury, loss or damages, or for consequential loss or damage of any kind arising out of the supply and installation of the goods or arising out of Supplier’s negligence or in any way whatsoever.
14. If the Buyer is an incorporated entity, then the person who signs this quote/order on behalf of that entity guarantees, and will be personally liable, for all of the obligations of that entity under this quote/order. This guarantee will apply whether or not Seller has first tried to enforce its rights against that entity.
15. Any dispute with relation to this quote/order will be decided exclusively by the court system of NSW, according to the laws of NSW.
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