Standard Terms and Conditions of Sale
Natural Stone Bath Worx Pty Ltd
ABN 631 847 384
These Standard Terms and Conditions are applicable to every Contract between Natural Stone Bath Worx Pty Ltd (ABN 631 847 384) “Us/We” and The Customer “You” being the purchaser of the Natural Stone Bath “Product”.
These Standard Terms and Conditions are not to be amended or changed unless agreed to in writing by you and us.
We are in the business of providing Products that are a natural product and may be heavy and difficult to carry and maneuver. As such you or any person directed by you must handle the Product with care and in accordance with these Terms and Conditions and any other notice provided with the Product.
Should you not accept our terms and conditions of sale do not purchase our products
Custom made items or variations to our products requested by our customers are not able to be returned for any reason what so ever and must be checked and confirmed at the time the order is made and before a deposit in paid confirming the order.
When handling the product you must not remove the Product from the delivery crate until the product is in its final location; not rest the product on any angle on any side or corner of the product; at all times only place the product flat on even surfaces and at all times use professional removal companies to move the product to the final location. Custom vanities must be stored on the side and in left in the delivery crate out of direct sun.
We will not accept liability for any damage in any way once the original packaging has been disturbed.
Upon delivery or collection you or Your Representative will be asked to sign a consignment note that demonstrates that you agree that you have received that product in good condition free from any defects or damage but certainly advise the company of any damage within 24 hours of the delivery as the product is insured for loss or damage.
Upon delivery or collection you accept all risk, liability and responsibility for the product from that time.
Any and all products purchased from this company must be picked up or delivered to the customer within 2 months of advice as to the availability of such products and if left uncollected storage will be charged at a rate determined by the company subject to the size of the goods unless agreed to in writing by both parties longer term un collected goods will be treated as abandoned with no refund to the customer in any way whatsoever.
You are strongly advised to use professionals to locate the bath into the room where it is to be installed as product failure can result from poor handling due to the weight factor you can email the company for detailed instructions.
You agree that we may use subcontractors to attend to delivery and manufacture of the Product.
We are not a freight company, it is an express condition of the sale that as your agent we will obtain quotes for delivery on your behalf, the goods will be delivered to your property boundary only, with the movement of the products on the property to be made by qualified persons such as professional removal companies, there is limited insurance cover to the point of the delivery and it ceases upon a signature at the delivery point, should there be no attendance at the delivery point the goods will be returned to the agents depot and may be returned at the customers cost. Should re delivery be required No claim for any damage whatsoever.
You agree that the Product is a natural Product and may be subject to natural variations within the Product itself and may vary from any colour, sample, finish, brochure, website or other display used in the marketing and sale of the Product. You acknowledge and agree that you are not entitled to make any claim due to any such variation with all samples to be used as a guide only.
You acknowledge and agree that we may rely on any and all information and measurements provided by you or your representative and you will not be entitled to make any claim due to any error in such information or measurements.
The price is provided in the quote that we provided you “Price”. you must pay to us 50% or the Price upon placement of your order and 50% of the price on or before the day of shipment plus freight to the property if we are to be used as your agent to assist in delivery.
You agree and acknowledge that we will not be liable for any loss or damage to property or the delivery of the product howsoever caused.
Location and access requirements should be considered before purchasing any of our products
It is your responsibility to use the product in accordance with our and the manufacturers recommendations and reasonable requirements and the location we will not be liable for any damage or loss which may result from any misuse of the product or failure to follow the instructions freely available to the purchaser.
The company reserves the right should we accept liability for failure to replace the product to the same location
If you make a claim on Us You must provide us with the access to the product as and where installed to inspect and diagnose any defects (should such access be required), damage or issues to determine any cause.
There is a 5 year warranty on our products and this applies with the exception of damage caused by poor handling, mistreatment and or neglect and or failure to follow all the instructions included in the delivery or on our web site or attached to the invoice of sale and attached to the product.
In the event of any dispute arising between you and us as to any party’s rights or obligations under the contract or as to whether either party has breached or failed to meet its obligations then both parties agree to meet together and, acting in good faith, seek to resolve the dispute commencing with a written notice by one party to the other specifying the issues and/or points of breach in detail.
In any case no claim will be accepted by this company for failure unless it can be shown that there was due to a manufacturing fault or failure of the material.
Where a claim relates to wrongful production it is agreed that any sketches or drawings supplied by the client or drawings agreed to by the customer will be used to settle any and all disputes as part of the order and it is the customers responsibility to clarify the accuracy of such drawings
Timber products: most of our timber used in production of our products is made of Teak and due to climate and temperature changes may be subject to cracking and must be protected from direct sunlight as this can cause result in such cracking or shrinkage and so it must be kept undercover at all times
This contract shall be governed by and construed and interpreted in accordance with the law of the State of New South Wales. Any dispute will be subject to the exclusive jurisdiction of New South Wales Courts.
The content of these terms and conditions and the quotation (including any attachments) constitutes the whole of the terms of this Contract with regard to any prior representations, offers or correspondence. Except to the extent that the law provide as mandatory requirement a term to be implied, no term is to be implied into this Contract.