Brisbane Rock Sales Terms and Conditions / Disclaimer
Brisbane Rock Sales PTY LTD – A.B.N 22 871 774 763
Cancellation:
Cancellation of orders “MUST” be advised to Brisbane Rock Sales in writing 24 hours prior to “dispatch” of the goods/order.
Goods already dispatched cannot be cancelled; Brisbane Rock Sales at time of dispatch has already incurred the cost of the Goods and Transport by both providers.
Costs of Goods and Transport are not refundable to Brisbane Rock Sales by the Goods Supplier or the Contracted Transport providers once dispatch or collection/dispatch has already occurred.
Product
As with all “Natural Products” some variation in colour, texture, shape, thickness and composition can be expected, in which Brisbane Rock Sales cannot be held liable. Product sizes are approximate.
Any discrepancies in quality will not be recognised if not brought to our attention within 24 hours of receipt of delivery.
Purchasers and users of Brisbane Rock Sales products should satisfy themselves as to the physical properties of the sandstone product, and its suitability for a particular application.
Brisbane Rock Sales accepts neither responsibility nor any liability whatsoever arising from its use.
Transport/Delivery
Brisbane Rock Sales will not be held directly accountable for the transport delivery or estimated delivery arrival times.
Transport is supplied by external contracting companies. Once the Truck is instructed to drive onto private property by the buyer or its representative it is at the owners or land owners risk.
Any recovery, down time or breakage will be the responsibility of the customer or landowner, all due care is taken.
Any discrepancies with deliveries will be taken up with the transport company involved.
Unloading
Where the customer requests we tip off the goods instead of mechanical unloading we are not responsible for any possible breakages to product. It is recommended you machine unload blocks from truck on arrival. Alternatively, unloading on a mound of dirt / sand / gravel / bark is a good option.
TERMS AND CONDITIONS/DISCLAIMER
- Price and Payment:
Payment cost for the Products ordered will be stated on the invoice, “Payment in full shall be made in cash or bank transfer 24 hours prior to delivery” of each consignment of goods. GST and other taxes and duties applicable shall be added to the price except when they are expressly included in the price.
2. Charges:
Brisbane Rock Sales charges shall be considered earned in the case of goods for carriage as soon as the goods are loaded and dispatched to the client’s premises.
3. Client’s Responsibility:
The client expressly warrants Brisbane Rock Sales and it’s delivery subcontractors that the client is either the owner or the authorised agent of the owner of any goods or property that is the subject matter of this contract of cartage and/or the storage thereof and by entering into this contract the client accepts these Conditions of Contract for the consignee as well as for all other persons on whose behalf the client is acting.
4. Delivery:
It is the client’s responsibility to ensure that Brisbane Rock Sales and its delivery subcontractors have clear and free access to the delivery location to enable them to offload the goods.
Where Brisbane Rock Sales and its delivery subcontractor’s acts on the customers instruction to offload the goods at a specific locations, then Brisbane Rock Sales and its delivery subcontractors shall not be liable should the goods or the vehicle delivering the goods cause any loss or damage to the site.
5. Loss or Damage:
Subject to any statutory provisions imposing liability in respect of the loss of or damage to the goods (including but not limited to perishable or fragile goods)
A) Brisbane Rock Sales and its delivery subcontractors shall not be under any liability for any damage to, loss, deterioration, miss-delivery, delay in delivery or non-delivery of the goods (whether the goods are or have been in the possession of Brisbane Rock Sales and its delivery subcontractors or not) nor for any instructions, advice, information or service given or provided to any person, whether in respect of the goods or any other thing or matter, nor any consequential or indirect loss, loss of market or consequences of delay; and
B) The client will indemnify Brisbane Rock Sales and its delivery subcontractors against all claims of any kind whatsoever, howsoever caused or arising brought by any person in connection with any matter, said or omitted by Brisbane Rock Sales and its delivery subcontractors in connection with the goods. Brisbane Rock Sales and its delivery subcontractors shall be entitled to retain the sums due to it in addition to the charges incurred in detention and sale of such goods or Cargo, from the proceeds of the sale and shall render any surplus to the entitled person.
6. Order and Supply:
6.1 The Buyer acknowledges and agrees that the purchase of any goods from the Seller is on these terms and conditions of sale (“Terms”).
6.2 The placing of an Order via by the Buyer constitutes acceptance of the Terms.
6.3 The supply of goods is subject to availability.
6.4 The Seller reserves the right to suspend or discontinue the supply of Goods to the Buyer.
6.5 If the Seller is unable to supply all of the goods quoted, the Terms continue to apply to any part of the quotation supplied.
7. Payment:
7.1 “Payment in full shall be made in cash/bank transfer 24 hours prior to delivery” of each consignment of goods. The Seller is not obliged to deliver the relevant consignment of goods until payment in full has been made in cash or bank transfer.
7.2 If the Buyer does not make any payment by the due date, commits any other material breach of the Terms or an insolvency event in respect of the Buyer arises or is reasonably suspected by the Seller to arise, the Seller may (without limiting any other right or claim it may have against the Buyer) do any or all of the following:
(A) If the Buyer does not make any payment by the due date, the seller may Cancel or suspend any unfilled orders or cease providing the goods;
(B) Terminate any contracts between the Seller and the Buyer and demand immediate payment of any moneys due and outstanding under those contracts;
7.3 If any part of an invoice is in dispute, the balance will remain payable and must be paid when due. The Buyer has no right to set off any claim against the Seller for moneys owing to the Seller.
8. Price:
8.1 The price for all goods sold shall be at the Seller’s price current at the date of delivery of the goods. All prices quoted are inclusive of GST and cartage costs where applicable and are subject to variation.
8.2 The Seller may at any time change its price to reflect, among other things, changes and exchange rates or the imposition of any duties, levies or other taxes and the Buyer is bound by those changes.
8.3 The Seller may charge a reasonable handling fee for all orders delivered to the Buyer.
8.4 The Buyer must accept any errors or omissions in invoicing and, where applicable, the Buyer must accept the amended pricing and pay the difference within the approved terms of trade.
9. Delivery:
9.1 If a Delivery Date is specified, that date is an estimate only and the “Seller is not liable for any delay in delivery”.
Time is not of the essence in relation to delivery and the Buyer must accept delivery and pay for the goods delivered including transport costs, if applicable, even if they are delivered after any specified delivery date.
9.2 The Seller in its absolute discretion may by their carrier at the request of the Buyer place the goods at a designated location on the property at the Property. If the Seller’s carriers enter the Property for this purpose it shall be deemed to do so at the invitation of the Buyer and the Buyer warrants that it has possession of the Property and is authorised to invite the Seller’s carrier on the Property. The Buyer agrees that the Seller and the Seller’s carrier are not liable, and when the Buyer is not the owner of the Property, agrees to indemnify the Seller and the Seller’s carrier for any damage, loss or injury to the goods or to any other Property of whatsoever nature or to any person, cause or contributed to buy the Seller’s carrier while the Seller’s carrier is complying with the Buyer’s request to deliver the goods to a designated location on the Property.
9.3 The Seller’s statement of account showing specification, quantity and place of delivery of the goods shall be deemed to be prima facie proof of delivery of the specification and quantity of the goods and of the site of delivery.
10. Inspection:
10.1 The Buyer must inspect the goods within 24 hours of delivery.
10.2 Any claim that the goods are not in accordance with these Terms (including if they are defective, damaged during delivery, short delivered) must be made at the time of delivery or in writing to the Seller within 24 hours after delivery of the goods to the Buyer. If the Buyer fails to make a claim then, to the extent permitted by law, the goods are deemed to have been accepted by the Buyer and the Buyer must pay for the goods in accordance with the Terms.
11. Delays and Damage:
11.1 The Seller undertakes to complete and deliver each Order by the Delivery Date, provided that the Seller will not be responsible for any loss or damage arising from any delay or failure to deliver the goods for any reason whatsoever.
If requested by the Buyer, the Seller may agree to vary the Delivery Date.
11.2 The Seller accepts no responsibility for the delay in the delivery of or damage to the goods where:
(A) Third party carriers have been used; or
(B) Where the Buyer has provided their own freight and off loads some arrangement.
12. Cancellation:
12.1 Cancellation of Orders must be given to the Seller in writing 48 hours prior to the commencement of delivery of the goods.
The Buyer must compensate the Seller for any expenses in addition to the fee referred to in clause.
12.2 Below which the Seller has incurred prior to receipt of notification cancelling the Order. The Seller requires 48 hours to effect the cancellation of the Order.
12.3 A fee of 50% of the cost of order in the case of custom made products will be levied to cover loss and administrative costs associated with cancelling the Order.
13. Risk:
13.1 Goods supplied by the Seller to the Buyer are at the Buyer’s risk immediately on delivery to the Buyer or the Buyer’s custody, including its carrier or forwarder.
13.2 The Buyer must insure the goods at its cost from delivery of the goods until they are paid for in full against such risks as are usual or common to insure against in a business of a similar nature to the Buyer.
14. Quality:
14.1 The Buyer agrees that:
(A) All implied conditions and warranties on the part of the Seller in relation to any of the goods to be supplied by the Seller are excluded to the maximum extent permitted by law;
(B) Subject to any non-excludable rights conferred on the Buyer by law, no claims in respect of any goods supplied by the Seller shall be recognised by the Seller unless made in writing and notified by the Buyer to the Seller within 24 hours of delivery of the goods to the Property.
14.2 The Buyer acknowledges that all goods, which are supplied as “Special Grade Goods”, or “Seconds” are imperfect or damaged. The Buyer accepts that “Special” grade goods or “Seconds” are purchased on an as is, where is, as inspected basis and no claims for any loss or damage suffered by the Buyer will be accepted by the Seller.
14.3 The Buyer agrees that some goods may be chipped, broken, damaged or unusable (“Imperfect Goods”).
(A) The Seller recommends that the Imperfect goods be used for cuts and infill.
(B) The Seller will use reasonable endeavours to ensure that the Imperfect goods do not exceed 5% of the Order.
14.4 The Seller accepts no responsibility for the cleaning or sealing of the goods.
14.5 The Buyer acknowledges that variation and colour and texture are unavoidable due to differences in natural stone deposits and the Seller accepts no responsibility for colour variation, fading or discolouration, which may occur for any reason whatsoever.
14.6 Tolerances
The buyer accepts that whilst processing Natural Stone, size and thickness tolerances apply as per following,
(1) Measurements of product supplied may vary as all measurements are approximate.
Whilst every effort by the seller is made to achieve correct sizes, variances must be allowed for.
15. Complaints:
15.1 Whilst every endeavour will be made to provide goods of consistent colour, no guarantee is made that colours of individual goods will match.
15.2 The Seller will not accept liability for:
(A) The removal or for any costs incurred by the Buyer associated with removing any Imperfect goods or replacement.
16. Returns:
16.1 The Seller is not obligated to accept a return of the goods.
17. Force Majeure:
17.1 The Seller shall not be liable for any failure to perform or for any delay in the performance of the contract due to strikes, plant or equipment failure, failure of supply of natural resources and other manufacturing ingredients, strikes, lockouts or any other labour difficulties, fire, explosion, flood, earthquake, war, government action or prohibition or any other cause or circumstance beyond its reasonable control.
18. Limitation of Liability:
18.1 The Seller is not liable for any loss or damage of any kind whatsoever and howsoever arising out of or in connection with the supply of goods, including without limitation any indirect or consequential loss, including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings, arising out of or in connection with the supply of the goods even if due to the negligence of the Seller or any of its employees or agents.
19. Amend Terms:
19.1 The Seller may amend or vary the Terms by notifying the Buyer in writing of the amendment or variation.
20. Definitions:
20.1 In the Terms, the following words have the following meanings: “Buyer” means the party other than the Seller identified in the Order Form;
“Delivery Date” means the delivery date stated in the Order Form; “goods” means the products to be sold by the Seller to the Buyer, which are described in the Order Form;
“Order Form” means the form used by the Seller from time to time to sell its products, to which these Terms are attached;
“Order” means an offer to purchase the goods described in the Order Form;
“Property” means the address contained in the Order Form;
“Seller” means Brisbane Rock Sales Pty Ltd – ABN 22 871 774 763
“Terms of Trading Agreement” means the terms and conditions as stated.
