CHELMSTONE PTY LTD – TERMS AND CONDITIONS OF SALE
1. In these Terms and Conditions of Trade, unless the context otherwise required:
a) ‘the Company’ means Chelmstone Pty Ltd ABN 57 492 899 602 and includes it’s agents, successors and assigns.
b) ‘Purchaser’ means the person identified in the invoice as the Purchaser.
c) ‘product’ means the product identified in the invoice.
2. The Company may refuse to deliver the product (whether or not part of the contract has been performed) where the Purchaser is in default under the
Company’s terms of credit.
3. Any variation of an order or cancellation of an order must be in writing.
4. Any sales tax or GST payable on the product is to be paid by the Purchaser, notwithstanding whether it is specified in the Invoice.
5. Unless the Company has agreed in writing to sell the product on credit, the product shall be paid prior to delivery.
6. If the Company agrees to sell the product on credit to the Purchaser then the Company’s terms of credit will apply.
7. Where the Company is to deliver the product, risk shall pass when the Company’s carrier had delivered the product to the place identified on the
8. Where the purchaser is to collect the product, risk shall pass at the time of collection. If the product is not collected within fourteen (14) working days of notification of availability, the Company may charge storage costs in relation to the product. Storage can be extended further than the 14 days with the understanding that the account for the order will be paid in full.
9. Notwithstanding the passing of risk, all product delivered by the Company to the Purchaser remains the property of the Company until all product supplied by the Company to the Purchaser has been paid for in full. The Purchaser shall hold possession of the product for and on behalf and as bailee for the Company and shall return the product to the Company on demand. The Purchaser shall, wherever possible, separately store the product until title in it has passed. The Company will be entitled to enter the premises of the Purchaser at any time to recover possession of the product until payment in full has been made.
10. The Purchaser agrees that the Purchaser will only use and install Product purchased from the Company in accordance with all relevant Australian Standards and in accordance with the guidelines and methods stated in the ‘Chelmstone Installation and Trade Information Booklet’.
11. The Purchaser agrees that if the Purchaser is purchasing the product to use in works for third parties, the Purchaser will ensure that those third parties have been fully informed of, read and understood the Company’s
a) unique product characteristics;
b) relevant installation guidelines and
c) care and maintenance methods;
as stated in the ‘Chelmstone Installation and Trade Information Booklet’.
12. The Purchaser acknowledges and agrees that the product is a manufactured, cement based reconstituted stone and the product will perform in a similar manner to natural sandstone. The Purchaser acknowledges that the product is manufactured from a variety of raw materials that could change the colours and textures between batches. The unique standard texture of the product requires care and attention before, during and after installation. Over a period of time the product’s general wear might become apparent and in shaded or damp areas mould could appear. The Purchaser further acknowledges that the Company has explained to the Purchaser that:
a) The product has been tested to the Australian Standard AS/NZS 4465:5 for “Flexural Strength” and “Breaking Load”, and AS/NZS 4465:44 for “Compressive Strength”. Strength tests performed establish the product to be suitable for normal residential and light traffic applications with vehicles of less than 3 tonnes.
b) The product has been slip resistance tested to almost twice the minimum required by the AS/NZS 3661:1.
d) The product has obtained the top exposure category for resistance to salt attack as measured by AS/NZS 4456.10 . To guard against varying salt concentrations, the product should be sealed round pools, as per the relevant sealer manufacturer’s instructions.
e) The product has been tested for staining to AS/NZS 4456:171997 ‘Determination of Initial Rate of Absorption’ and with appropriate pre-sealant treatment resistance of staining improved. To assist in avoiding penetration product shall be fully sealed once installed.
e) Product colours may mellow with direct exposure to the sun and weather.
f) Tonal shades of the product may become more obvious over the longer term giving a naturally aged appearance; a unique product characteristic.
g) On-site variations in moisture levels can give the product a mottled appearance.
h) The product is hand-made and has tolerances +/- 3mm in all dimensions (AS/NZS4456:3).
i) Fine crazing (thermal stock) can occur but will usually self heal over time. Fine crazing is apparent in most cement based products and is not structural. Any substrate movement may also lead to fine hairline cracks that will usually self heal. Such movement is beyond the Company’s control or liability.
j) As with all new cement based products efflorescence can become visible, this will generally weather away.
k) Colour variations in products will occur from batch to batch and are beyond the control of the Company.
The Purchaser further acknowledges that apart from the matter set out in this clause 12 no other representation or warranty has been made by the Company in relation to the product.
13. The Purchaser acknowledges that any costs incurred by the Company as a result of difficulties or delays in completing any delivery, performing any work or for any reason whatsoever shall be borne by the Purchaser unless otherwise agreed to in writing by the Company.
14. All claims for credit for damage, defective or short delivered product or for product to be returned must be notified to the Company within seven (7) days. Unless otherwise agreed, no request for credit will be approved until a representative of the Company has inspected the product on which the credit is claimed. Until this inspection the Purchaser is responsible for maintaining proper care of the product in question. All claims must be made before the product is installed.
15. Goods returned for credit, is the absolute discretion of the Company, may be credited if returned in original sealable condition, but shall attract a 65% surcharge (freight cost to be paid by Purchaser). The Purchaser acknowledges and agrees that the following products are not acceptable for return or credit:
a) Product damaged or lost in transit;
b) Product altered or damaged by the purchaser; and
c) Product not installed in accordance to the guidelines set out in the Chelmstone Installation and Trade Booklet or product otherwise installed in a faulty or defective manner.
16. Any liability of the Company with respect to the product shall be limited to replacement of the product.
17. Product range and prices are subject to change without notice.
18. All quotations shall remain valid for sixty (60) days. All prices quoted by the Company shall be for the total quantities shown in the quote. The Company reserves the right to adjust the quoted price on any variations to the quantities.
19. The Purchaser herby indemnifies and holds indemnified the Company against any and all losses, damages, claims, demands, actions, judgements, costs and expenses reasonably and lawfully incurred or suffered by the Company as a result of, or in any way as a consequence of the Purchaser’s failure to comply in all respects with the Purchaser’s obligations under these terms and conditions.
20. Where measurements are made by Chelmstone employees, either by physically measuring, or off plans, the company would like to advise that these measurements are an indication only and the onus is on the client to ensure that the quantities ordered are accurate.
21. Not all paving products supplied by Chelmstone will be suitable for every application. It is therefore the responsibility of the specifier to engage a suitably qualified engineer to design an installation system as well as select a paver type, size and shape that will be suitable for its intended purpose. (Reference Guides are available from the Concrete Masonry Association Australia – CMAA).
22. All goods must be inspected and approved by the purchaser prior to laying as claims cannot be accepted or liability admitted once tiles are laid. Personal Properties Securities Act
23. For the avoidance of any doubt, the security interest(s) created by this instrument in favour of the Supplier constitutes security interests pursuant to the Personal Properties Securities Act 2009.
24. The Guarantors waive any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Properties Securities Register.