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STS ENTERPRISES NSW P/L Terms & Conditions OF SALE
The terms and conditions herein shall be incorporated in all agreements between Egan Enterprises Australia Pty Ltd / Trading as STS STONE and its Customers.
1. General
The Customer shall purchase the products in accordance with STS STONE written or verbal quotation. Any advice given by STS STONE or its employees regarding application, storage or use of any product 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.
Quotations provided by STS Stone are valid for 30 days only from the date of issue.
Sufficient products should be ordered, considering wastage, cuts and future repairs. There will be no guarantee that subsequent supplies will match in shade or be available in the future.
STS STONE shall not be liable in any respect for advice provided regarding fixing, grouting, cleaning or maintenance of any product.
Natural stone bears millennium in creation and is forged by acute weather and climates combined with elements from the earth and the sea. Stone will differ in appearance from samples and from tile to tile, with no two pieces being alike. Variation is not a material flaw. Prior to ordering, ensure that consideration is given to expected variations prior to installation. We recommend the accepted practice of “blending” all natural stone tiles between crates to minimise any naturally occurring variances.
STS STONE accepts no responsibility in respect of variations between samples provided or shown to the Customer and actual stone supplied. Samples provided represent general characteristics of the stone and are indicative only.
Some Travertine material is sold as “Filled”. STS STONE accepts no responsibility for any “Filling” which becomes dislodged.
All materials should be thoroughly checked for their suitability before cutting or installation. STS STONE will not be held liable for any attempts by the manufacturer to repair, fill or disguise such inherent flaws as they are common and are acceptable international practices.
Warranty: The Customer accepts that all natural stone products carry no warranties whatsoever.
To the extent permitted by the Trade Practices Act, STS STONE’s responsibility is limited to the replacement of materials supplied only and STS STONE shall not be liable for any loss or damage incurred by the Customer whether caused by defective materials or otherwise.
STS STONE strongly recommends that natural stone tiles & slabs be laid only by qualified & experienced masons and tilers. Inexperience with these materials can result in damages to the stone and incorrect installation. STS STONE shall not be liable for any loss incurred by the Customer as a result of such damages or breakages.
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.
“Spot fixing” is NOT recommended by Australian Standards & should be avoided at all times
The Customer shall not be entitled to make any claim against STS STONE after the material has been cut or fixed.
STS STONE is not liable for changes in the physical appearance of the stone after installation.
STS STONE has a rigorous quality control system in scrutinising the material prior to dispatch. Customers should be aware that there could be some material with chips due to the weight of the stone and transportation distance. Chipped tiles are generally used for cutting. STS STONE recommends that Customers add minimum 10-15% for overall flooring and 15 – 20 % extra for bathrooms to allow for wastage, cutting on site and spares.
All Natural Stone requires sealing before and after fixing. STS STONE can recommend appropriate sealer for the chosen stone.
Consolidator / impregnating sealer might be required for certain stones laid around pool areas to protect against water and salt damage. This would also be advisable for exterior applications near seashores.
Paver Pedestals / Polypads– should only be used for certain natural stones. STS STONE recommends support in the centre as well as the corner. Polypads are not recommended for marble & other veined stones. Should Customers wish to proceed with those, we urge the use of appropriate stone backing as well as adequate supports.
2. Characteristics of Goods
Quarried stone is a product of nature and is not subject to the rules of consistency that apply to manufactured materials. Pits and fissures as well as variations in tonal qualities, veining and shading are all natural features and generally desirable. Customers acknowledge that tiles or slabs supplied by STS STONE may contain, display or be subject to any of the above as well as the ensuing characteristics:
a. Crazing, spots, specks and blemishes;
b. Variations in colour, shade, size, pattern, veining, marking, texture, durability, density, size, dimension, surface and finish, and may fade or change colour over time; and
c. Optical effects such as hazing or smudging at varying light sources and at differing angles.
d. Fissures (open veins), hairline fractures, light scratching or chips including repairs deemed acceptable in the stone industry.
e. The Customer acknowledges that products contain, display or are subject to any one or more of the characteristics referred to above are not defective or of unacceptable quality by reason of any of those characteristics.
f. Minor marks and small chipping are not structural and therefore not considered defects.
3. Slip Resistance
Any slip resistance tests provided by STS STONE to the Customer are based on available samples/stock at the time of testing and the Customer acknowledges that such test results may vary from batch to batch.
Slip rating test results are provided to Customers as a guide ONLY and STS STONE takes no responsibility of the slip rating on any non-tested batches, nor is it liable for any costs incurred in any further testing or re-testing of goods.
If particular slip resistance is required by the Customer, we recommend getting a new test carried out on each batch of goods required at the Customer’s expense.
No guarantee is given as to slip resistance or maintenance requirements for material supplied.
4. Payment Terms
Goods can be paid for by EFT and/or Visa and Master Cards.
Credit Card transactions over the phone will incur a 1.5% bank surcharge.
STS STONE will hold invoiced goods for five (5) days only. If payment is not received at the expiration of that period, the said goods will revert back to stock for sale to others.
Full payment is required for ‘SALE / CLEARANCE’ goods.
Tiles & Slabs in Stock: Minimum 50% deposit to reserve the stock. Full balance payable within 30 days of purchase.
Tiles & Slabs from Overseas: Minimum 50% deposit to place the order. Full balance payable on goods arrival to Australia port. In the event of full balance not received during port grace period (usually 5-7 days from arrival) any wharf storage and port costs charged by the terminals as well as any associated administrative charges will be borne by the Customer, payable upfront and prior to goods delivery to the Customer.
STS STONE retains ownership of the goods until the order has been paid in full.
Bank details:
Name: Egan Enterprises Australia Pty Ltd
BSB: 032-056
Account No: 730009
5. Indent & Special Orders
At least 14-20 working weeks from the date of placement of order & deposit should be allowed for overseas orders.
All special orders placed upon Customer’s request/instruction are subject to a minimum (non-refundable) 50% deposit paid at the time of order. Balance is payable on goods arrival to Australia port.
Indent orders are irrevocable and 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.
Due to the nature of indent & special orders, STS STONE will not accept any material left over due to over-ordering.
In the event that the Customer no longer wants the products, there will be no refunds of any monies paid. In addition, STS STONE will require full payment for the ordered products regardless whether the Customer takes delivery or not.
6. Delivery
STS Stone is not a common carrier and does not accept any obligation or liability of common carriers. 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 are outsourced to independently operated freight & courier services.
Delivery runs throughout the day (7am-4.30pm) charged at standard kerbside ONLY pallet rate using forklift trucks.
Customer must inform STS STONE if they require a crane truck, as this is an additional crane hire charge on top of the pallet rate. Carriers T&C are below:
STS STONE will make all reasonable efforts to deliver to the Customer on 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.
The Customer or their agent must be present at the time of delivery, unless instructed otherwise. If the latter, STS STONE will not be liable for any damage/theft of goods left unattended.
7. Storage
For stock items storage is free of charge for 30 days after confirmation of order / deposit. After that period, storage fee will be charged at a rate of $25 per crate/per week. Any storage fees are to be paid prior to delivery of goods.
For goods ordered from overseas, storage is free of charge for 30 days from arrival. After that period, above charge will apply.
Storage of Slabs is free for 30 days from confirmation of order / deposit.
Storage charge of $20 per slab per week on a roll over basis will apply thereafter.
There will be no insurance coverage of any paid goods should the Customer choose to store at STS STONE premises.
8. Defects
The Customer must inspect products on delivery and notify STS STONE in writing within 48 hours of any evident defect/damage or quantity shortage. Upon such notification the Customer must allow STS STONE to inspect the products.
Defects will only be accepted to return provided that
(a) the Customer has complied with the above provisions
(b) STS STONE has agreed that products are defective
(c) products are returned within a reasonable time and in a condition in which they were delivered.
Notwithstanding the 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:
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.
9. Returns
STS STONE will NOT accept the following returns/exchanges:
This change is in recognition of costs incurred in preparing the product for the Customer.
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 these T&C by reason of any cause beyond its reasonable control, including but not limited to:
