TERMS & CONDITIONS OF SALE ACE STONE PTY LTD
1. DEFINITIONS
1.1 ACE. means Ace Stone Pty Ltd ACN 077 485 502 as Trustee for Ace Investments Trust and all its successors and assignees.
1.2 Default Event means where:
(a) the Purchaser does not pay any amount owing to ACE. when it is due.
(b) an Insolvency Event occurs; or
(c) the Purchaser is in breach of any obligation it has to ACE. and does not rectify it after 7 days’ notice.
1.3 Insolvency Event means any of the following:
(a) the Purchaser commits an act of bankruptcy.
(b) a receiver is appointed to the Purchaser or any of its property.
(c) the Purchaser goes into liquidation, administration, or some other form of insolvency administration whether formal or informal.
(d) the Purchaser ceases to carry on business; or
(e) the Purchaser enters a scheme of compromise with its creditors.
1.4 PPSA means Personal Property Securities Act 2009.
1.5 Goods means the Goods or products supplied by ACE. to the Purchaser whether on consignment or in any other way.
1.6 Purchaser means the Purchaser of Goods from ACE. or anyone who holds Goods on bailment or consignment from ACE..
2. GENERAL
2.1 These terms and conditions shall without further notice apply to all future transactions between ACE. and the Purchaser in relation to the sale and purchase of Goods, whether or not this document is delivered or re-executed in the course of the transaction.
2.2 No variation or abrogation of these terms and conditions shall be effective unless it is evidenced in writing signed by an authorised representative of ACE..
2.3 If anything in these Conditions of Trade is unenforceable, illegal, or void then it is severed, and the rest of these Conditions of Trade remain in force.
3. PAYMENT
3.1 A 50% deposit is required for confirmation of all orders unless the invoice terms state a different amount.
3.2 Stock items will require full payment after 4 weeks from the order date.
3.3 Special indent & import orders may require up to 100% payment for confirmation of such orders, unless otherwise agreed in writing.
3.4 Deposit and indent order payment amounts may be forfeited if such orders are cancelled by parties other than the supplier.
3.5 Full payment for indent & import orders is required within 7 days of material being available at ACE. warehouse, unless otherwise agreed in writing.
3.6 Full payment for the Goods to be supplied is required before collection or delivery of the Goods, unless otherwise agreed in writing.
3.7 Any variation to the scope of work as quoted will be subject to further charges.
3.8 In the event that required payment(s) are not made as prescribed, ACE. reserves the right to cancel orders and apply deposits to its related costs and expenses.
3.9 Goods purchased at a special/sale price need to be paid for in full and need to be delivered or collected within 30 days from order date – otherwise storage fees will apply.
3.10 Quoted prices for the Goods in stock are valid for 30 days.
3.11 Quoted prices for the Goods to be ordered from interstate or overseas are subject to review at any time prior to invoicing.
3.12 ACE. reserves the right to charge interest on overdue accounts at the rate of 15% per annum calculated daily until payment is made.
4. HOLDING DEPOSITS (NATURAL STONE & PORCELAIN SLABS ONLY)
4.1 A $500 Holding Deposit is required to secure selected natural stone or porcelain slabs unless the invoice terms state a different amount.
4.2 Holding Deposit is only for 3 months – then full payment is required. In the event that required payment(s) are not made as prescribed, ACE. reserves the right to cancel orders and apply deposits to its related costs and expenses
4.3 After 3 months – storage charges will apply.
4.4 Holding Deposit will only be fully refunded once the materials are purchased by a fabricator or other third party on behalf of the Purchaser.
4.5 Refund will be done by electronic transfer.
4.6 It is the responsibility of a Purchaser to ensure that correct number of slabs are put on hold.
4.7 Deposit won’t be refunded if additional material is required but cannot be supplied.
5. TITLE TO GOODS
5.1 Risk in the ordered Goods shall pass to the Purchaser upon collection by the Purchaser or the carrier designated to collect and deliver the Goods, however title to any Goods shall not pass unless and until the Purchaser has paid the total balance of the invoice cost of the Goods, including delivery and installation charges, if any.
6. TILE & PORCELAIN SLABS ORDERS
6.1 The Purchaser acknowledges that tiles & porcelain slabs supplied by ACE. are kiln fired, such that minor variations of colour, shade, crazing, grain, shape, size, and texture may occur. Accordingly, the purchaser shall not make any claim for replacement or compensation in respect of such minor variations, and, in any event, no claim may be raised after tiles are laid. Sample tiles and showroom displays are to be used as a guide only and may vary from actual tiles received.
6.2 Optical hazing can be evident in polished and semi polished materials. It is an occurrence that presents itself as a smoky or smudged finish on the tile. It may only be visible depending on the light source reflecting at various angles off the surface of the tile. It is not considered a fault and ACE. will not accept any claims in relation to this.
6.3 ACE. will not be responsible for damage caused by incorrect cleaning / sealing methods or cleaning products used on the material.
6.4 Sizes quoted on quote and /or invoice are nominal dimensions only. Please check with your sales consultant if you require a size to exact millimetre.
6.5 Natural stones + encaustic tiles require specific care, cleaning, grouting, sealing and ongoing maintenance requirements. Check with consultant + trades prior to purchase as claims can’t be made once laid.
6.6 Tiles & porcelain slabs will only be accepted as returns provided that:
(a) they are in their original undamaged and unopened boxes; and
(b) they are returned to ACE. warehouse within 7 days from the date of collection or delivery: and
(c) the quantity of stock ACE. has with the same batch number as the Goods to be returned exceeds 50 square meters: and
(d) except for defective Goods, 20% of the invoice cost of the Goods accepted for return is forfeited to ACE.; and
(e) relevant invoice is accompanied with returned Goods.
Please note that:
(a) indent orders from overseas or special orders will not be accepted for return in any circumstances unless Goods are defective; and
(b) Goods purchased at a special/sale price are not accepted as returns/credits.
(c) Manufactured and made to order products e.g., pool coping pieces, cannot be returned and credit note cannot be issued in return for product.
7. NATURAL STONE MATERIALS ORDERS
7.1 Goods consisting of Natural Materials contain substantial variation in pattern, structure, and colour. While every effort will be made to match samples or requested specifications, no guarantee is available to that effect, and it is the Purchaser’s responsibility to inspect any ordered Goods prior to despatch of the Goods from ACE. warehouse. Risk is passed onto the Purchaser after despatch.
7.2 Natural stone materials will only be accepted as returns provided that:
(a) they are undamaged; and
(b) they have not been cut or manufactured to order; and
(c) they are returned to ACE. warehouse within 7 days from the date of pick-up or delivery: and
(d) except for defective products, 20% of the invoice cost of the Goods accepted for return is forfeited to ACE..
(e) relevant invoice is accompanied with returned Goods.
8. DELIVERY & STORAGE
8.1 ACE. may arrange delivery of ordered Goods on the Purchaser’s behalf and at the Purchaser’s expense but will accept no liability for any loss or damage arising because of the delivery process.
8.2 Deliveries are kerbside unless prior arrangement has been made.
8.3 Orders will be packed once they are called up for collection or delivery. Alterations to packed orders must be in writing and may attract a fee.
8.4 Freight Charges may be subject to change once final delivery details are confirmed.
8.5 ACE. does not take responsibility for orders arriving late due to shipping issues.
8.6 Purchases of 5 sheets or less of large Porcelain Sheets may incur a $165 (inclusive of GST) refundable
crate charge. The charge will be refunded once the crates are returned in a re-useable condition, with no damage to the crate. The refund will be credited back into the Purchaser’s bank account.
8.7 If ACE. is required to store any Goods beyond 3 months – storage fees will apply.
9. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”) AND PROTECTION OF OUR RIGHTS
9.1 This agreement is a security agreement.
9.2 The interest of ACE. in the Goods and all proceeds from the sale of the Goods by the Purchaser to a third party is a security interest.
9.3 The Purchaser also acknowledges that on signing this agreement the Purchaser grants ACE. a security interest in favour of them in respect of all of the Purchaser’s present and after acquired personal property and secure payment by the Purchaser to ACE. of all amounts from time to time owing by the Purchaser to ACE. under this agreement or any other agreement.
9.4 The Purchaser consents to ACE. registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by ACE. to facilitate registration.
9.5 Until such time as title in the Goods has passed to the Purchaser as contemplated by clause 4 of this agreement, the Purchaser agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create a security interest over, the Goods in favour of the Purchaser or any third party. The parties agree that this clause will not prohibit the Purchaser from selling the Goods in the ordinary course of business.
9.6 The Purchaser do all things necessary to enable re-perfection and/or maintenance of perfection of the security interest granted by the Purchaser to ACE. under this agreement.
9.7 The Purchaser will indemnify ACE. for all costs and expenses incurred in connection with the perfection and maintenance of perfection of the security interest created under this agreement.
9.8 The Purchaser will notify ACE. of any change in name or effective control of corporate clients, compared to the status as at the date hereof, not less than 3 days before the change takes effect and agrees to comply with all reasonable requests by ACE. to complete and provide any document reasonably required by ACE., to allow an accession of the security
9.9 The Purchaser waives its rights to receive any notice under PPSA (including notice of verification statement) unless the notice is required by that Act and cannot be excluded.
9.10 To the maximum extent permitted by law, the customer agrees to waive its rights under the Act to do any of the following:
(a) Receive notice of removal of an accession under section 95;
(b) Receive notice of an intention to seize collateral under section 123;
(c) Receive notice of disposal under section 130;
(d) Receive a statement of account under sections 132(3)(d) and 132(4); (e) Receive notice of retention under section 135;
(f) Redeem collateral under section 142;
(g) Reinstate security agreement under section 143; and
(h) Object to the purchase of collateral by the customer under section 129.
9.11 In the event that:
(a) The Purchaser fails to perform any obligation contained or implied in this agreement and/or
(b) It is necessary for ACE. to take any step or incur any expense to protect its interest under this agreement including the registration and maintenance of ACE. security interests or repossession of the Goods, then ACE. may perform such obligation, pay such money or incur such expense and the Purchaser shall indemnify and reimburse ACE. for all monies paid or expenses incurred (including all legal and associated costs) by ACE. (inclusive of GST).
9.12 In the event that ACE. enforce a security interest granted under this agreement, ACE. shall have the right to apply any surplus to any other debt owed by the Purchaser to ACE. under any other agreement.
9.13 Expressions defined in the PPSA have the same meaning when used in this agreement.
10. DEFAULT
10.1 If a Default Event occurs, ACE. may exercise any rights it may have against the Purchaser including (without limitation):
(a) suspending Delivery of the Goods.
(b) requiring cash payment on Delivery.
(c) entering any Premises and removing Goods owned by ACE..
(d) commencing legal action to recover any amount owing by the Purchaser.
(e) exercising any security, it holds in respect of the Purchaser’s obligations to ACE.; or
(f) requiring payment of any amount held under clause 9.5
10.2 Any expense, cost or disbursements incurred by ACE. in recovering any outstanding monies including debt collection agency fees, commission and any fees, costs or disbursements paid ACE.’s solicitors, must be paid by the Purchaser on a full indemnity basis.
10.3 If the Purchaser is a trustee of a trust, the Purchaser acknowledges that in addition to the assets of the trust being available to meet its obligations, the Purchaser is personally liable for those obligations.
11. WARRANTIES AND EXCLUSIONS
11.1 ACE. warrants that its Goods are free from defects due to faulty manufacture of material. If any of the Goods are so defective, ACE. will, at its option, provided that the Purchaser has promptly notified ACE. and has not installed the Goods, either replace them or reimburse the Purchaser for the purchased price and, in any event, the limit of ACE. liability shall be no greater than the purchase price of the Goods.
11.2 Apart from the above warranty (and subject to clause 11.3 below) all other warranties, conditions obligations and liabilities which are or may be implied or imposed by virtue of any statue, rule or regulation or by the general law or otherwise in connection with the supply by ACE. of its Goods or their use, and whether arising out of negligence of ACE., its servants or agents or in any way whatsoever are hereby excluded.
11.3 Clause 11.2 above does not exclude limit or modify any warranty condition obligation or liability which is or may be implied or imposed on ACE. by virtue of the Australian Consumer Law or any other applicable statue rule or regulation except to the extent to which ACE. is lawfully entitled to exclude limit or modify it.
11.4 ACE. makes no representations or warranties concerning the structural adequacy of any supplied Goods, or any structure on which Goods are to be installed, whether it be cabinetry, wall or floor substrates or surfaces and accepts no responsibility for the consequences of such Goods
12. SLIP RESISTANCE
12.1 Caution – Any form of tile can be slippery especially when wet and all necessary precautions must be taken when used in areas where tiles are exposed to any liquids.
12.2 Where ACE. have included Slip Resistance test results for selected Goods, and such tiles may achieve an acceptable standard in a laboratory test, it is possible that the performance in-situ will be less than expected due to installation methods, wear & tear, cleaning methods and unforeseen circumstances. These results are therefore to be seen as a relative guide to estimate the merits of one tile versus another and should be used in conjunction with the Australian Building Code and the relevant Australian Standards. Any laboratory test results presented must not be viewed to mean that ACE. is providing any sort of additional warranty against
damages.
13. CLASSIFICATION
13.1 The classification has considered the recommendations of the Australian Standards; however, they are given for general guidance only.
The classifications are valid for the given application under NORMAL CONDITIONS and should not be taken to provide accurate Goods specifications for specific requirements.
14. WARNING: Other standards and building code requirements may affect your selection of tiles.
14.1 Consideration should be given to the footwear, type of pedestrian traffic and cleaning methods expected.
Floors should also be adequately protected against soiling from trades during installation, and against scratching devices.
