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Terms and Conditions

Quotations

Quotations are based upon the information supplied by the Client and/or onsite measure, and thus the price may change if variations are identified. Prices do not include substrates, fitting off of sinks, hotplates, basins or taps. Pricing includes site measure, manufacture, supply, delivery and installation of the goods, based on one (1) site measure and one (1) installation visit unless otherwise stated. Unless specified, pricing does not include undermount sinks, waterfall ends or splashbacks. All prices are based upon the present cost of labour and materials and firm for 30 days from the date of quoting. All prices are subject to a 10% Goods and Services Tax. The Client shall accept the quote in writing by giving the Seller written approval specifying the Seller ’s quote number. The Seller reserves the right to refuse any works should it deem necessary. Measures and installations outside of 50km from Dandenong South will be charged at $4.40 per kilometre inc gst. If the Client changes their mind or cancels the order after a site measure booking, the site visit fee of $198 inc gst is non refundable. All / any remaining material after the installation of the project remains the property of the Seller unless otherwise stated in the quotation.

Preparation of Site for Measure

The site for which works will be undertaken shall be prepared with cabinets installed, level and straight. This may include, but is not limited to, the removal of existing benchtops and splashbacks, preparation work and substrates fitted where required. To avoid a call out fee , it is the Client’s responsibility to ensure cabinets are in position, fixed and level with all appliances such as sinks and hotplates onsite and substrates screwed down from underneath (where applicable). Where stone is being measured for an overlay over existing benchtops, the Client must ensure all tops are clear of all items and all appliances are on site. On occasion existing tops become unlevel over time and an accurate measure cannot be completed. We will physically need the appliances on site to ensure an accurate measure of your cut out locations and sizes. Templates from the manufacturer will not be suitable as details provided in specs may not always be accurate. Where drawings require an adjustment or alteration after final site measure has been completed, an administrative fee of $55 inc gst will be applicable. Templates of required stone works must be provided for all projects and the Client must be available on site at the time of measure. If the Seller is not able to measure/install to 100% of the scope of works due to out of level cabinets, uninstalled cabinetry or no clear access to property from driveway including, but not limited to; muddy ground, unsafe ground or hazardous walkway, a call out fee of $198 inc gst will be charged and the install rescheduled. Additional time on site will be charged at $88 inc gst per hour. Payment of these charges must be made in full prior to the Seller returning to site.

Templates Drop Off / No Site Measure

Where no site measure is required and/or included in the quote or the Client wishes to provide templates/drawings for manufacture, the Seller is not liable for any amendments to final sizes and all adjustments will be at the liability of the Client. Final drawings and measurements to be provided by the Client for manufacture with clear and legible notations on the template/drawing. Additional call out fees may be applicable for any reworking or site visits or alterations to template/drawing. Where drawings require an adjustment or alteration after final templates/drawing has been provided, an administrative fee of $55 inc gst will be applicable. The Seller will not install any projects for which the Seller has not conducted an onsite measure. Pick Up can be made from the factory at 55-57 Williams Road Dandenong South at a pre arranged time or delivery may be arranged (refer to fees).

Payment Terms

The Seller will process orders after receipt of 60% deposit and a signed copy of their quote acceptance. Any deposit received will be granted as approval to proceed with manufacturing and acceptance of Terms and Conditions. A progress payment of 30% is required on confirmation of the installation date with the balance of the invoice due on the day of completion. Where goods are supplied without installation full payment is required prior to pick up or delivery. Where goods are delivered with installation the balance invoices are due strictly on completion. Payments are accepted via bank transfer, cash or credit card (surcharges apply). Any return to site outside of the initial site measure and installation will incur a call out fee of $198 inc gst (which includes the first hour of works). All goods will remain the property of the Seller until the Client has paid all the amounts owing for the scope of works described. Any amount which remains outstanding after the due date will bear interest payable by the Client to the Seller at a rate of 1.5% per month and compounded on a monthly basis. The Seller reserves the right to enter upon and into land and premises owned, occupied or used by the Client as the invitee where the benchtops/splashbacks are situated and take possession of the benchtops/splashbacks. Should the Client fail to settle the account (s) as per conditions of trade stated within, the matter will be forwarded to a solicitor and/or debt recovery agency for which all legal costs will be the Clients liability.

Lead time / Timeframe

The Seller aims to have orders manufactured and installed within 10-12 business days subject to the scope of works within the project. In peak periods, this may extend out.Due to unforeseen circumstances, these lead times may be subject to change and the Seller has the right to change expected install dates. The Client acknowledges that the Seller will not be liable for any delay in or supply or availability of material or scope of works. The Client will be notified immediately of any delay in production. The expected installation date will be confirmed upon completion of manufacturing.

Installation

Where a builder key or access details have not been provided for unoccupied premises, the Client shall be available to allow the Seller to gain access to the site for installation. Should the Client not be available, the installation may not take place. The Client must assess the completed scope of works and sign the installation documentation as provided by the installer on site. Once installation has been completed the Seller will do a general trade clean only. Caulking is not the responsibility of the Seller and recommends a professional caulking service however the Seller may caulk stone to stone where necessary. The Seller supplies white, off-white or clear silicon only for caulking of stone to stone. If any other colour is required, this shall be supplied by the Client. Due to Occupational Health and Safety regulations, all employees of the Seller are required to wear protective footwear at all times whilst on site. All care will be taken whilst installing however, it is the responsibility of the Client to ensure that their floors are protected from the risk of damage by having sufficient floor covering. All care is taken when installing the product and the Seller will take all reasonable precautions to minimise the creation of dust. The Seller does not accept any responsibility to goods and/or chattels on the premises which are damaged as a result of dust which is created when the cutting of marble, granite or reconstituted stone is done. The owner acknowledges that it is their responsibility to cover all floors, appliances, hardware and equipment which may be affected by the dust and to remove items which may be damaged by dust.

Natural Material Disclosure

Natural stone pricing is subject to specific supplier and material availability at the time of quoting. Final pricing will be confirmed on slab selection and approval after final site measure. Where specific requests for join locations outside of nominated locations on the quote are requested extra fees may be applicable for additional material. All requests for cutting from nominated slabs or areas need to be relayed to the Seller in the quoting stage. Where vein matching is requested the Seller will cut to the best of the material availability. Final selections are the responsibility of the Client. Final slab cutting layouts must be approved by the Client prior to production.

The Client understands and accepts that all granite and marble are derived from natural stone that has been quarried from mountains all over the world. Slabs are very resilient surviving overseas shipping, truck movements and fabrication, however the Client must assume all responsibility of the material. As a natural product they are prone to variations in colour, pattern and density that add to the beauty and charm of the material. When purchasing natural material, no warranty or guarantee can be provided as the product is not manufactured by the supplier. The materials are subject to natural markings, veining, cracks and pitting as well as variations in colour, grains and shading. There is no warranty against cracks from any distributor. Cracks are a rare instance and can be a result of moving house foundations and/or cabinetry as well as dropping a heavy object or standing on the benchtop. In the unlikely event cracks and chips occur during the cutting, fabricating and installing process, the Seller will ensure to repair these to the best of their ability and is not obliged to provide any compensation or discount if this occurs. The Seller is not responsible for any stains, fissures, cracks or breakage that may occur after the benchtops are installed and accepted in good condition. The Seller accepts no responsibility in reasonable variations between samples provided and/or shown to the customer and the actual slabs acquired.

Granite and marble fabrication are subject to varying tolerances in both overhangs and thickness and can be expected. All stone works should be inspected upon completion of installation. Failure to inspect will deem acceptance of job and the Seller is not liable for changes in the physical appearance of stone after installation. The Seller shall not be liable for any damages or loss incurred as a result of any delay in the delivery of materials. Granite, marble and terrazzo benchtops are sealed with 2 coats of high quality sealers during the fabrication process. Sealing will not be done onsite due to the risk of potential leaks onto the cupboards, sinks and panels and high levels of fumes. Note that a sealer helps a stone to be stain resistant only and not stain proof. All care must be taken to protect the stone from potentially damaging substances. Please note that honing increases the susceptibility of a stone surface to staining, marking etc, as the physical barrier created by polishing is reduced. As such, the Seller cannot warrant the degree of stain proofing on honed surfaces. Care must be taken to ensure any spilled substances are mopped up immediately such as, but not limited to, cigarette ash, hot oil, lemon juice, beetroot juice, wine, detergents, alcohol and acidic or alkaline substances. For long lasting finish, granite and marble should be treated or sealed with appropriate sealants at regular intervals, recommended every 6-12 months. Sealing products can be purchased at most granite and marble wholesalers or stone care products distributors or by a professional stone benchtop sealing company.

The Seller shall not be liable for claims relating to any goods made or performed to designs, drawings, specifications or procedures; or with materials which are provided or approved part or in full by the Client; and/or utilised, stored, handled or maintained incorrectly. Due to variations in colour, grain, quality, strength, structure, shading, veining and texture of natural stones such as marble, granite, limestone and travertine, no warranty, condition or guarantee is given by the Seller that any goods shall correspond in colour, grain, quality, strength, structure, shading, veining and texture with any sample, display or any previous goods sold or displayed or any batch of similarly described goods. The Seller shall not be liable for any variations in goods supplied. Be aware that all granite, marble and quartz are natural materials which do have colour and texture variations. Natural stone being a product of nature is subject to variations on colour, grain, quality, strength, structure, shading, veining and texture and the Seller will not be liable for variations between slabs. Reconstituted (engineered) stone, porcelain, ceramics and/or Dekton slabs are manufactured from natural materials, hence each slab is unique and variations to shading, quartz distribution and reflectivity do occur and are naturally occurring characteristics of the material. Consequently, samples are indicative only and may vary from the final product and naturally occurring variations in appearance caused by artificial or natural lighting are not the Seller’s liability. The Seller shall not be liable for any claim, loss or expense on any basis of alleged variation between the goods delivered and the goods ordered. The Client shall check the goods prior to cutting and satisfy itself as to the matching of colour, grain, quality, strength, structure, shading, veining and texture. The Seller recommends that material is viewed at the relevant supplier’s warehouse prior to confirming colour selection. The Client acknowledges that natural, porcelain, ceramic and Dekton materials are not guaranteed against chipping, cracking and breaking and that the Seller shall not be liable for any chipping, cracking or breaking. The Client agrees that the Seller shall not be liable for any delay in availability or supply of the goods. To the extent permitted by law the Client acknowledges and agrees that the Seller shall not be liable for physical or financial injury, loss or consequential loss or damage of any kind arising from the supply and installation of the goods or arising from the Suppliers negligence or in any way whatsoever.

Reconstituted Stone

Manufacturers of reconstituted stone do not warranty their stone when used in an outdoor environment. Although not recommended, the Seller will install the stone where the client has specified. If reconstituted stone is used in an outdoor environment, the Seller will not be liable for any defects or warranty claims regarding the stone. When considering reconstituted stone as a kitchen splashbacks note that building regulations require that the stone cannot be less than 200 millimetres from the edge of the closest burner flame. It is the Client’s responsibility to ensure an adequate cook top choice or clearance in accordance with AS/NZS 5601.

Limited Warranty

Warranties: ‘a written guarantee, issued to the purchaser of an article by its manufacturer, promising to repair or replace it if necessary within a specified period of time’. All scope of works relating to the installation of the goods by the Seller is covered by a 12 months workmanship warranty. Any damage to goods post installation will not be covered by the Seller’s warranty of workmanship and all costs associated with repairs or replacement will be at the responsibility of the Client. The Seller shall be under no liability in respect of any defect arising from wear and tear, wilful damage, negligence, misuse or abnormal working conditions or failure to follow the Seller’s instructions verbally or in writing. Where a reconstituted (engineered) stone is supplied the relevant manufacturer’s warranty will apply. Warranties do not apply to offcuts. All faults related to the stone are related to the manufacturer of the materials and will need to be registered directly with the manufacturer. There are no warranties applicable for natural stone. The Client acknowledges that changes in the appearance of the slab from reflected light is a natural part of the slabs, inspections of the surface of the slabs is to be in a normal viewing position with the slab being illuminated by ‘non-critical light’. ‘Non-critical light’ means the light that strikes the surface is diffused and is not glancing or parallel to that surface.

Care and Maintenance

The Seller does not recommend marble to be used on kitchen surfaces as marble in comparison to granite and reconstituted stone is more porous and softer. Please refer to the manufacturer’s Care and Maintenance publications for all other engineered materials. A copy of Caring for Natural Stone is available from the Seller.