1. In This Document
The “Seller” means Euro Tools & Accessories Pty Ltd trading as Carrara Marble and Granite. The “Buyer” means the person who accepts sellers published advertisement, by the prescribed method, for the purchase of the goods or who’s written of verbal order is accepted by the seller. The “goods” means the goods which the seller is to supply in accordance with these terms.
The following terms and conditions apply to all transactions between the seller and the buyer and any order will be acceptance of such terms and conditions, together with any amendments. Alterations to these terms and conditions will only be accepted if expressly agreed in writing prior to any purchase. Failure to comply with these terms and conditions, or any revised terms and conditions as the seller may have imposed, may result in the refusal to supply products.
3. Basis of Sale
The seller shall sell and the buyer shall purchase the goods in accordance with the seller’s written or verbal quotation (if accepted by the buyer) at the time the order is placed or purchase is made. Any advice given by the seller or its employees in regards to the application, storage or use of any goods is followed entirely at the buyer own risk and the seller shall not be liable for any problems that arise due to incorrect installation of any goods supplied.
The seller retains the right to make any changes to clerical, typographical or any other error in any sales literature, price list, quotation, invoice or information issued by the seller and shall not liable in any way.
The Buyer acknowledges that Goods made from a Natural Stone will vary in shading, colour and texture and samples are only to provide an indication of the general colour and quality. The Buyer acknowledges that such variance is acceptable.
5. Price of goods
The price of the goods will be the sellers published price, or at the price state at the date of acceptance of the order. Where a quotation has been provided by the seller the prices stated will be valid for a maximum of 30 days. All prices are subject to GST at the current rate and do not include delivery costs.
The seller reserves the right to increase the price of goods at any time before full payment has been made for the goods. This increase will reflect any increase in cost that the seller 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).
6. Delivery of goods
Delivery costs provided at the time of purchase and will form part of the purchase price. Delivery charges can vary depending on postal codes, weight of products, day of delivery, sizes of packaging and type of delivery vehicle required.
The seller will provide estimated delivery days but these are only estimates, although the seller will use all reasonable efforts to deliver the goods at the time specified. Failure to comply with the specified delivery date shall not constitute a breach of these terms and conditions and the seller will not accept any liability for any cost incurred due to late delivery.
The buyer or the buyer’s representative will need to be present at the delivery address on the specified date, unless otherwise arranged. If no one is present at the time of delivery, the goods will be retained by the haulage contractor and returned to the nearest depot until we received further instruction. A re-delivery changed will be added to the cost of the goods to cover additional haulage.
If previously arrange with the seller, deliveries can be left without the buyer being present but the seller cannot accept any responsibility for incorrect delivery, loss or damaged of goods after the time of delivery.
All deliveries will be made using a tail lift vehicle unless otherwise requested, delivery will generally be kerbside depending on the vehicle used and the access to site. If there are access problems such as even ground, narrow lane and driveway or overhanging trees, the goods will be left in the nearest easily accessible and safe access point for the address stated.
The buyer shall inform the seller immediately if any of the goods have been damaged during haulage, or there is any shortfall in the order, the delivery note provided by the haulage contractor must be marked with this information. The seller will only replace damaged tiles if the total amount is greater than 5% of the total order. Photographic evidence of any damage may be required to aid with any insurance claim against the haulage contractor.
7. Returns Policy
All good purchased by the buyer can be returned to the Premises within 7 days of the delivery or purchase date which ever is latest and the buyer will be refunded in full on confirmation that the goods are in the same condition as when delivered or taken from the premises. If collection is required the buyer will be liable for the additional collection cost and any labour cost that maybe incurred during collection. The seller will aim to rectify any returns within 7 days of notification where ever possible but will not accept any liability for delay beyond its control.
8. Transfer of property
The seller retains ownership of the goods until the purchase price has been paid in full, whether or not the invoice is due (account holders only) until such payment the buyer shall, not dispose of by sale or otherwise the goods or any part of them.
If the goods are sold to a third party, the buyer will hold the proceeds of that sale on trust for the seller pending payment. The seller may also require the buyer to direct the third party to pay the outstanding invoice directly.
The seller will accept the cancellation of orders only if 48 hours notice has been given before scheduled delivery date. The buyer may incur any charges that may arise through packaging, delivery and the return of the goods to the seller’s premises if less than 48 hours notice in writing is given. Special orders including, but not limited to, custom orders, or other non-standard items will not be subject to any cancellation and will result in the loss of any deposits or payments made.