Terms of Sale
Prices are subject to change without notice. Deliveries will be made at current prices at time of despatch.
All natural stone products are created by nature and no two products are alike. These products are subject to variations in colour and veining.
All wet cast products are man made. These products are subject to variations which may exist in colour and thickness (+/‐ 3mm). Variations in colour can occur from batch to batch, caused by the raw materials used or by curing during manufacture.
PREMIER will not be liable for any of the abovementioned variations.
It is the buyer’s responsibility to inspect the product prior to installation to check the colour, veining, thickness, dimensions and finish. PREMIER will not accept any claims for any reason whatsoever after the material is installed.
It is the buyer’s responsibility to check all goods immediately upon receipt. Claims for breakage or damage must be reported within 3 days of receipt. Acceptance of claims submitted outside this period will be at the sole discretion of PREMIER.
Claims for faulty product will not be considered:
(a) unless made in writing within seven (7) days of date of despatch;
(b) if claim is for less than 5% of product sold;
(c) once product has been moved from original point of delivery;
(d) once product has been laid.
No returns are accepted arising from over-ordering.
Refunds or credits for “change of mind” will be issued at the sole discretion of PREMIER. PREMIER reserves the right to charge a handling fee of 20% on any credit or refund issued. The Buyer is responsible for the cost of returning goods to store.
Payment must be made in full prior to delivery.
For goods that are not stock items, 50% deposit is payable on placement of order, and balance is payable 14 days prior to ship arrival at Melbourne Port.
4. Title and Risk
Title in the products shall not pass to the customer until payment in full for the products together with any interest or associated costs have been received by PREMIER. If payment is overdue in whole or in part, PREMIER may recover or recall the products and may enter upon premises where they are reasonably thought to be stored and may repossess the products. Risk will pass to the purchaser on delivery. Until such time as all amounts due to PREMIER by the purchaser are paid in full, the relationship between the parties will be fiduciary and the purchaser will hold all goods delivered as bailee for PREMIER and will deliver them up to PREMIER when required. The purchaser must not deal with the goods contrary to these terms and conditions of sale. The purchaser will at all times store any goods supplied by PREMIER which have not been paid for in such a manner that they are clearly identifiable as being the property of PREMIER. In any event, the purchaser must keep records of any of PREMIER’s goods in the possession of the purchaser, including but not limited to serial numbers (if any). The purchaser must keep sufficient records or employ appropriate practices so as to enable PREMIER to identify its property. If for any reason PREMIER’s goods cannot be clearly identified the parties agree that the purchaser will be deemed to have disposed of goods not the property of PREMIER first.
5. Termination of Credit
If any of the following events occur, all agreements as to the grant of credit by PREMIER (if any) to the customer will automatically terminate, all amounts outstanding will be immediately due and payable by the customer, the customer’s right to possession of all goods supplied by PREMIER will cease and PREMIER will be entitled to recover possession of all goods supplied:
5.1 the customer commits any act of bankruptcy, or compounds or makes any arrangements with its creditors, or executes a bill of sale over its goods or any of them, or if any execution or distress is levied on the goods of the customer;
5.2 the customer, being a company, is wound up either compulsorily or voluntarily or a receiver of its assets is appointed; or
5.3 the customer fails to pay all amounts due to PREMIER in accordance with these terms and conditions of sale and the terms of the credit agreement.
The customer will indemnify and keep indemnified PREMIER against all losses, claims, costs, demands and expenses howsoever arising which PREMIER may sustain or incur during the course of or in any attempt to exercise its rights or should it be prevented for any reason from exercising its rights, If before or after goods are supplied to the purchaser by PREMIER they or any of them become a constituent or component of another product, PREMIER will have all legal and beneficial title and interest in such products as if these were goods supplied to the customer by PREMIER.
Any sample product or display is provided to indicate only the general nature of the product. PREMIER provides no warranty or guarantee that the products supplied shall correspond in colour, texture or blend with any previously supplied sample or viewed display.
PREMIER makes every effort to minimize the occurrence of efflorescence in all its products. Nevertheless, efflorescence may from time to time occur. Efflorescence must be taken for what it is a natural occurrence in a product made from natural raw materials. PREMIER will not accept any liability or claims should efflorescence appear in its products.
8. Product Blending
The complete PREMIER product range is manufactured using the finest natural raw materials available. These natural raw materials will from time to time exhibit shade variations. As a result all products should be blended by mixing from various pallets. PREMIER will not accept liability for “patchy” areas of product.
It remains the responsibility of the customer to ensure the product is blended adequately.
Any product that is honed or polished may be subject to a thickness reduction of up to 10mm.
10. Product Size Variation
The stated sizes are nominal sizes only. Size variation may from time to time occur as a result of the manufacturing process.
The Concrete Masonry Industry allows up to 5% wastage factor.
12. Warranty of Quality
12.1 PREMIER will not be bound by or subject to any condition warranty obligation or liability whatsoever in respect to the condition, merchantability or fitness for purpose of goods supplied by PREMIER save and except for any non-excludable condition warranty obligation or liability which is implied as a matter of law.
12.2 Any complaints regarding the quality of goods supplied must be made in writing to PREMIER within seven (7) days of delivery of the goods. Goods subject to any claims must be preserved intact and available for inspection by PREMIER. Whether or not goods are inspected by PREMIER, return of goods to PREMIER will be at purchaser’s expense, unless PREMIER has otherwise agreed in writing. Goods being returned to PREMIER must be in the same order and condition as that in which they were delivered. If PREMIER is satisfied that the goods are of legally inadequate quality, it may replace the goods or reimburse the purchaser to the extent of the amount originally charged.
12.3 PREMIER will not in any circumstances be liable for any loss or damage, whether direct or consequential, resulting from the use or application of goods or from further processing of goods whether due to defects in goods or otherwise, even if such loss or damage is the result of the negligence of PREMIER.
12.4 Where the Trade Practices Act 1974 (Ctth) implies conditions or warranties the agreement arising from or incorporating these conditions. The liability of PREMIER in the event of a breach of such a condition or warranty (other than a condition or warranty implied by the Act) will be subject to that Act, to:
(a) in the case of goods, the repair or replacement of the goods; at the option of PREMIER; and
(b) in the case of services, the re-supply of the services.
12.5 All other implied conditions and warranties are hereby excluded to the full extent permitted by the law.
13. Ability to Supply
Every effort will be made to carry out any contract or order placed with PREMIER, but no responsibility will be accepted for delays caused by a limited supply of stock. PREMIER also reserves the right to deliver by instalments and failure to deliver any instalments shall not place any liability upon PREMIER.
14. Order Cancellation or Deferment
Any request to cancel or defer an order must be made in writing to the General Manager of PREMIER or his/her nominee. Requests for cancellation or deferment of orders will only be granted if received within three (3) clear business days of placement of the order.
Should a customer request a refund for a “made to order” deposit they will need to make that request in writing to the General Manager of PREMIER or his/her nominee. The customer’s eligibility to a refund will be at the discretion of PREMIER.
Variations of quantities from those shown on delivery notes, must be reported in writing within 24 hours of delivery otherwise no responsibility will be accepted by PREMIER for such claims. Product delivered to unattended sites shall be the customer’s responsibility and PREMIER will not accept claims for shortages. Delivery dates are estimates only and PREMIER is under no liability for any loss or damage arising if delivery is not made on an agreed date. The delivery records of PREMIER are prima facie proof of delivery of the product in good order and in the quantity and of the description ordered. Standard time designated for unloading is up to 30 minutes. Should unloading time exceed 30 minutes PREMIER or its delivery sub-contractors reserve the right to apply additional delivery charges to customer.
17. Site Damage
PREMIER will take as much care as possible when delivering product to site. However, PREMIER will not be responsible for any damage or injuring to persons, creature or property. Please ensure that our drivers have easy access.
Any special delivery instruction will be assessed on site by our sub-contractor delivery driver. We reserve the right to refuse any delivery instruction that is deemed to be dangerous and or unreasonable. In these cases product will be left on nature strip or any other convenient area at the customer’s responsibility.
Our delivery sub-contractors may refuse any delivery instruction that may cause soiling to roadways and /or footpaths. In these cases product will be left on any convenient area at customer’s responsibility.
20. ‘Specials’ or ‘Seconds’
Where a product is supplied by PREMIER as a ‘second’ or ‘special’ no warranty is given by PREMIER. PREMIER shall not be liable in any way for the performance or use of, or any defect in, such a product.
21. Liability Limitation
The total of any claims for defective workmanship, defects as a result of product supplied by PREMIER or any other losses or damages incurred as a result of any act of omission of PREMIER is limited to the lesser of the price charged for the product and the amount of loss or damage incurred.
Any plan take-off or quantity estimate that PREMIER provides will be undertaken on the basis that it is an estimate only. PREMIER shall accept no responsibility or costs which may be incurred by the customer resulting from PREMIER’s estimate being inaccurate.
PREMIER may vary these terms and conditions of sale from time to time by giving notice of such variation to the customer..
Victorian law applies to these terms and conditions of sale.
25. Entire Agreement
These terms and conditions of sale and any written quotation given by PREMIER to the customer comprise the entire agreement between PREMIER and the customer and, subject to an applicable law, any warranties, representations, guarantees or other terms or conditions or whatsoever nature not contained in and recorded these terms and conditions of sale and any written quotation is of no force or effect.
If any provision of these terms and conditions of sale is invalid and not enforceable in accordance with its terms, all provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provisions will be and continue to be valid and enforceable in accordance with their terms.
27. Warranties and Liability
PREMIER will use its best endeavours to comply with its obligations under these terms and conditions of sale. However, PREMIER will not be liable to the customer for any reason, including for breach of these terms and conditions of sale, unless such breach is serious and deliberate, and in that case, the liability of PREMIER is limited to the price quoted.
28. Caveatable Interest
The customer hereby charges in favour of PREMIER all its estate and interest in any land and in any other assets, whether tangible or intangible, freehold or leasehold, in which it now has any legal or beneficial interest or in which it later acquires any such interest with payment of all monies owed by the customer and consents to the lodging by PREMIER of a caveat or caveats which note its interest in or over any such land or other caveatable property.
29. Goods and Services Tax (GST)
Any price payable for a supply made by PREMIER under these terms and conditions of sale will be increased or decreased (as is applicable) by an amount equal to the net effect of any New Tax System changes on the cost of the provision of that supply by PREMIER. In this clause:
- New Tax System changes has the meaning given in section 75AT of the Trade Practices Act 1974 (Cth); and
- Supply has the meaning given in section 9-10 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).