The Stonemen AUS Pty Ltd – Terms and Conditions of Sale

1. Terms

1.1. Each sale of Goods is made upon and subject to these Terms and Conditions of Sale.

2. Definitions

2.1. Customer – The person, trust, partnership or company to whom the invoice is submitted. If more than one, each shall be jointly and severally liable.
2.2. Goods – Goods supplied by the Seller to the Customer, including any supply of Services where applicable.
2.3. PPS Regulations – Personal Property Securities Regulations 2010 (Cth).
2.4. PPSA – Personal Property Securities Act 2009 (Cth).
2.5. PPS Law –
 a) The PPSA and any regulation made under the PPSA (including the PPS Regulations), as amended;
 b) Any related legislative amendments.
2.6. Price – The cost of the Goods as agreed between Seller and Customer, per clause 5.
2.7. Seller – The Stonemen AUS Pty Ltd (ABN 52 661 435 043), and its successors and assigns.
2.8. Services – All services supplied by the Seller, including advice or recommendations.
2.9. Terms and Conditions – These Terms and Conditions of Sale.

3. Acceptance

3.1. Acceptance occurs when the Customer orders Goods/Services from the Seller, whether verbally or in writing.
3.2. Where more than one Customer enters this agreement, all are jointly and severally liable for payment.
3.3. Once accepted, these Terms are irrevocable unless rescinded in accordance with the Terms or with written consent from the Seller’s manager.
3.4. No representative of the Seller has authority to vary these Terms unless stated in writing by the Seller’s manager.

4. Goods

4.1. Goods are as described in the Seller’s invoice or quotation.

5. Price and Payment

5.1. Prices are based on the Seller’s published or quoted price list.
5.2. Price is indicated on the Seller’s invoice.
5.3. Prices may change without notice.
5.4. Prices exclude delivery unless otherwise stated. Delivery costs are charged at the Seller’s current rates. Urgent deliveries incur a surcharge.
5.5. A deposit (30–50%) may be required, based on the product type (stock, order-in, direct import). Full payment is required prior to dispatch.
5.6. Payment is due prior to delivery unless credit terms have been agreed.
5.7. Accepted payment methods:
 a) Direct Deposit – Westpac Bank
  BSB: 034-108 | ACC: 702616
  Goods released upon receipt of remittance advice (send to: ar@thestonemen.com.au)
 b) Credit Card – Visa and MasterCard only (2% surcharge applies)
 c) Cash Deposit – Only with Seller’s approval

6. Ordering

6.1. The Customer must ensure sufficient quantities are ordered. Supply continuity is not guaranteed.
6.2. The Seller does not provide a measure-up for estimates; the Customer is responsible for confirming quantities before ordering.

7. Colour

7.1. Natural variation in colour, especially in stone, is expected and not a fault. Inspection prior to laying is required – no claims accepted post-installation.
7.2. The Seller is not liable for colour variation between different orders or split deliveries.

8. Delivery of Goods and/or Services

8.1. Delivery is to the Customer’s nominated address, to the safest, most accessible point at the driver’s discretion.
8.2. Delivery to a carrier constitutes delivery to the Customer.
8.3. Delivery costs directed by the Customer are payable with the Price.
8.4. Goods may be delivered in instalments.
8.5. Delivery to a nominated third party is deemed delivery to the Customer.
8.6. The Seller is not liable for delays or failure to deliver.
8.7. Goods must be delivered within 60 days of purchase. After this, a storage fee of $50/pallet applies.

Registered Office:
19 Sperling Street, Rocklea QLD 4106
Website: www.thestonemen.com.au
Social: @the.stone.men

9. Advice

Any advice provided by the Seller is in good faith and not guaranteed. Customers must make their own enquiries and are deemed not to have relied on such advice.

10. Return of Goods / Defects / Competition and Consumer Act 2010

10.1. Goods must be checked within 48 hours. No claims accepted thereafter or post-installation.
10.2. Damaged or incorrect Goods must be reported within 7 days.
10.3. Seller’s liability for defects is limited to repair or replacement if:
 a) Provisions in 10.2 are met;
 b) Goods were properly stored and returned in original packaging.
10.4. Returns accepted only in unopened cartons and resaleable condition. Restocking fee (up to 30%, minimum $50) applies.
10.5. No returns for special orders. Deposits are non-refundable once production begins.
10.6. The Seller does not guarantee colour matching between samples and delivered products.
10.7. The Seller reserves the right to refuse returns.

11. Default and Consequences

11.1. Interest on overdue amounts accrues at 2.5% per month.
11.2. Customer indemnifies Seller for all collection/legal costs in the event of default.
11.3. Seller may suspend or cancel deliveries if obligations are breached.
11.4. If the Customer becomes insolvent or fails to pay, all outstanding amounts become immediately due.

12. Privacy Act 1988

12.1. Seller may obtain a credit report on the Customer.
12.2. Customer consents to reporting overdue accounts.
12.3. Customer data may be used for:
 a) Provision of Goods/Services
 b) Marketing
 c) Credit analysis
 d) Payment processing
 e) Account management
12.4. Seller may share credit data with agencies.
12.5. Seller may disclose Customer credit information to other credit providers.

13. Liability / Warranty

13.1. These Terms do not override rights under applicable consumer laws.
13.2. Seller is not liable for expenses or injury from product use.
13.3. Warranty on third-party Goods is that of the manufacturer.
13.4. Except as required by law, Seller is not liable for loss arising from supply of Goods or Services.

14. Governing Law

14.1. These Terms are governed by the laws of Queensland. Disputes are subject to the jurisdiction of Queensland courts.

15. Force Majeure

15.1. Neither party is liable for delays caused by events beyond reasonable control, including but not limited to natural disasters, strikes, or transport issues.