Terms & Conditions
1. Basis of Sale
The Customer shall purchase the products in accordance with STS STONE written or verbal quotation at the time the order is placed or purchase is made. Any advice given by STS STONE or its employees regarding application, storage or use of any products is followed entirely at Customer’s discretion and STS STONE shall not be liable for any problems that arise due to incorrect installation of any products supplied.
The Customer must check that enough stone is ordered for the job. STS STONE does not guarantee that later supplies of the same item will match in shade or measurement to the original.
All products should be checked and approved prior to installation to ensure they are correct in colour and batch/shade. The Customer shall not be entitled to make any claim against STS STONE after materials have been delivered & laid.
STS STONE provides no guarantee or advice on installation, fixing, grouting or gluing of stone tiles. It is a responsibility of the client to engage tilers experienced with natural stone.
STS STONE will not be held responsible for the material after installation.
2. Supply of Goods
Any order is subject to availability of the products at the manufacturer. If the manufacturer removes the products from its supply list, changes its terms of sale, or the products become otherwise practically unavailable to us for whatever reason, we may cancel the order at any time.
3. Variations in Stone
All orders are accepted on the basis that the Customer is aware that stone is a product of nature and variation in thickness, dimension sizes, tones and colour is inherent over and above specifications and samples. Samples only represent general characteristics of the stone.
These variations are characters of natural stone and are in no way to be taken as defects. No claims will be processed for such natural differences.
STS STONE will not be held liable for any repair, filling or concealing such inherent flaws as they are common and are acceptable international practices.
STS STONE has a rigorous quality control system and we take great care in checking the material prior to dispatch, however being a natural product there could be minor variations in dimensions and thickness. Customers should be aware that there could be some material with minor chips due to the weight of the stone and the distance of transportation. Chipped pieces are generally used for cutting. STS STONE suggests that Customers order the industry standard of minimum 10% extra to allow for wastage, cutting on site and spares.
We highly recommend the accepted practice of ‘blending’ all supplied natural stones between boxes and crates to minimise any naturally occurring variances.
All Natural Stone requires sealing. Light limestone & marble must be sealed before and after installation. STS STONE recommends & stocks Lithofin sealing products.
4. Price of goods
The price of products will be price stated at the date of acceptance of the order. Where a quotation was provided by STS STONE the prices stated will be valid for a maximum of 30 days. All prices are exclusive of GST and delivery costs.
STS STONE reserves the right to increase the price of products at any time before full payment is made for the goods. This increase will reflect any increase in cost that STS STONE has incurred due to factors beyond its control. (Such as, without limitation, increase in cost of materials, currency fluctuation, alteration of duty and any labour increases).
Goods can be paid for by Bank Cheque, EFT and/or Visa and Master Cards. Credit Card transactions over the phone will incur a 1.5% bank surcharge.
Tiles: Minimum 50% deposit to reserve and hold the stock. Balance payable 5 days prior to delivery.
Made to Measure items: Minimum 50% deposit to reserve the stock. Balance payable pre-production.
STS STONE retains ownership of the goods until the purchase price has been paid in full.
Name: STS Enterprises NSW P/L
Account No: 26 803 2417 (NAB)
For stock items storage will be free of charge for 30 days after invoice date or by agreement. After that period, storage fee will be charged at a rate of $20 per pallet/per week. Any storage fees are to be paid prior to delivery of goods.
For goods ordered from overseas, storage will be free of charge for 30 days after arrival to STS STONE storage facility, unless agreed otherwise prior. After the 30 day period, the above charge will apply.
There will be no insurance coverage of any paid goods should the Customer choose to store at STS STONE premises. Goods not fully paid for within 30 days from the invoice date, will be made available for sale to others. Deposits will not be sufficient to retain the goods past this date.
Where STS STONE is contracted to organise delivery, delivery costs will be provided at the time of purchase and will form part of the purchase price.
All deliveries will be made by independently owned and operated freight & courier services. Delivery will generally be kerbside or to the nearest accessible and safe point for the address stated.
STS STONE will make all reasonable efforts to deliver to the Customer by the agreed date, however will not be liable for any failure to deliver or delayed delivery; any damage or loss during delivery or any damage to persons or property caused during delivery.
Failure to comply with the specified delivery date shall not constitute a breach of these T&C and STS STONE will not accept liability for any cost incurred due to late delivery or failure to deliver nor shall it entitle the Customer to cancel this contract. The Customer or their agent must be present at the time of delivery, unless instructed to leave goods unattended. STS STONE will not be liable for any damage/theft of such goods.
In the event that the Customer cancels an order and/or delivery of products:
STS STONE will retain any deposit paid by the Customer in respect of the products; and
The Customer shall be liable to STS STONE for any additional losses incurred as a result of cancellation (including, but not limited to, delivery costs, storage costs and any loss of profits).
8. Cancelling Indent & Special orders
Cancellation of indent & special orders for products made to Customer’s specifications, or items that are not part of our core range, will not be accepted once production has commenced or an order has been placed.
In the event that the Customer no longer wants the products, any monies paid will not be refunded. In addition, STS STONE will require full payment for the ordered products, regardless if the Customer takes delivery or not.
9. Defects & Returns
The Customer must inspect the products on delivery and notify STS STONE in writing within 48 hours of delivery of any evident defect/damage or shortage in quantity. Upon such notification the Customer must allow STS STONE to inspect the products.
Returns will only be accepted provided that
(a) the Customer has complied with the above provisions
(b) STS STONE has agreed that the products are defective
(c) the products are returned within a reasonable time and in as close a condition to that in which they were delivered as is possible. Notwithstanding (a) (b) and (c) above, STS STONE shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
I. the Customer failing to properly maintain or store the products
II. the Customer using the products for any purpose other than that for which they were designed;
III. the Customer continuing the use of any products after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
IV. the Customer failing to follow any instructions or guidelines provided by STS STONE;
V. fair wear and tear, any accident, or act of God.
If the Customer fails to advise STS STONE in writing of any defect within the stated time frame, the Customer is deemed to have accepted the products in accordance with the Customer’s order.
STS STONE may in its absolute discretion accept non-defective products for return.
Returns will be considered for unopened and unused current batches ONLY and must be notified within 48 hours of the original delivery date. Products which were ordered incorrectly, over-ordered or unwanted will be a subject of up to 30% restocking & handling fee of the value of the return. This charge is in recognition of the costs incurred in preparing and delivering the product to the Customer. There will be no credit for freight charged on the original invoice. Freight cost for returns is the Customer’s responsibility and must be pre-paid.
10. Force Majeure
STS STONE will not be liable for any delay in performance, or for the non-performance, of any of its obligations under this T&C by reason of any cause beyond its reasonable control, including but not limited to:
- War, whether declared or not, civil unrest or any other armed conflict, military or non-military interference by any third party state or states, acts of terrorism or serious threats of terrorist attacks, sabotage or piracy, strike or boycott, acts of governments or any other acts of authority whether lawful or unlawful, blockade, siege or sanctions.
- Accidents, fires, explosions
- Natural disasters or “acts of God” but not limited to lightening, tornadoes, hurricanes, tsunamis, floods, storms, cyclones, earthquakes, landslide, droughts or any event of a similar nature.
- Plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or any other employee restrictions;
- Man- made disasters, such as plant fires or floods
- Labour disputes or strikes
- Local and foreign government embargoes or other government actions affecting the supply chain
- Power outages or transportation issues
- Failures or delays by shipping companies resulting in goods being delivered later than the agreed period despite a stated lead time.
- Any products no longer available at the overseas suppliers. When procurement of products becomes exhausted or discontinued, suppliers remove products from stock list or change their terms of sale and the products become otherwise practically unavailable to us for whatever reason.
11. Liability and Claims
STS STONE disclaims any responsibility or liability relating to any Products or Services as follows:
- All products should be checked prior to installation to ensure they are correct in colour and batch/shade etc. The Customer shall not be entitled to make any claim against STS STONE after materials have been fixed.
- Due to variations in colour and texture of materials natural or otherwise, used in manufacture, no warranty, condition or guarantee is given by STS STONE that any product shall correspond (in colour, texture, appearance, glaze, blend etc.) with any sample, display or any previous products sold or displayed or any other batch of similarly described product. All samples provided are indicative of colour and texture only.
- Natural Stone is a product of the earth. Variations in colour, grain structure and veining are to be expected in tiles and slabs, STS STONE shall not be liable for any such variations.
- Any loss or damage incurred by the Customer caused by any defective materials or otherwise, is limited to the replacement of products supplied only.
- All dimensions and measurement supplied by STS STONE is given as a guide only, it is the Customer’s responsibility to make accurate assessments of the areas or surfaces upon which the product will be fixed.
- Measurements of Natural Stone slabs supplied by STS STONE are approximate and are provided as a guide only. It does not constitute a guaranteed useable area.
- It is the responsibility of the Customer to check suitability of Natural Stone slabs prior to dispatch. STS STONE is not responsible for the transportation of natural stone slabs and therefore does not acknowledge any claims after the loading of the slabs.
- STS STONE shall not be liable for any loss, damage or personal injury incurred in the transportation, handling and/or fixing of the product by the Customer or any third party.
- Sufficient product should be on hand before fixing as no guarantee is given that subsequent supplies will match in shade or be available. Enough products should be ordered, considering wastage, cuts and future repairs.
- STS STONE shall not be liable in any respect for advice provided regarding fixing, grouting, cleaning or maintenance of any product.
- STS Stone strongly recommends that any Natural Stone tiles be laid only by a qualified and experienced tilers. Inexperience with these materials can result in damages to the stone and incorrect installation. Specialist advice should be sought in relation to sealing and cleaning products as many commercially available products are not recommended for use on Natural Stone. Acid or acidic-based industrial or domestic cleaners should not be applied to any Natural Stone product.
- STS STONE does not accept any claims arising from damage which has been caused by acids, chemical compounds or solvents to clean the product after installation.
- STS STONE shall endeavour to take due care in providing a safe environment for the Customer and any visitor to STS STONE premises, however STS STONE shall not be liable for any loss, damage or personal injury whilst on STS STONE premises.
- Warranty: Stone is subject to natural markings, veining, cracks and vents, variations in colour and grain structure; STS STONE shall not be liable for any such claim or variations as may occur in materials supplied.