1. Definitions

Company means Edwards Slate & Stone Pty Ltd ACN 005 196 047 as Trustee for the Slater Trust trading as Edwards Pavers and their agents.

Goods mean the goods requested by the Purchaser and provided by the Company pursuant to the Agreement.

Purchaser means the entity the Company agrees to contract with in relation to provision of the Goods.

Sale Items means Goods identifiable either on the product or the invoice with the marking ‘FDO’.

Services means the services undertaken by the Company in connection with the Goods including but not limited to the collection, carriage delivery and/or storage of the Goods.

 2. Engagement

• These Terms and Conditions set out the entire agreement between the Company and the Purchaser (‘the Agreement’).

• The Agreement supersedes any prior representation, agreement or understanding on anything connected with the subject matter of the Agreement.

• The Company’s invoices will detail the Goods and Services and must be paid within seven (7) days by the Purchaser in accordance with the payment terms specified therein.

• By paying the invoice (or any part thereof) the Purchaser agrees to engage the Company to provide Goods and/or Services in accordance with the Agreement.

• The Company reserves its right to assign its rights and obligations under the Agreement.

• If anything in the Agreement is unenforceable, illegal or void it is severed and the remainder of the Agreement remains in force.

• The Agreement is governed by the laws of Victoria and the parties submit to the jurisdiction of the courts of Victoria.

• The Company reserves the right to revise and amend these Terms and Conditions and further terms pertaining to the Agreement as appropriate from time to time.

3. Description of Goods

The Purchaser agrees to the Company’s description of Goods as follows 

• Quantity calculations for Goods are conducted free of charge on an estimation basis and the Company will not be liable for a purchaser’s overestimates or underestimates in quantity.

• The Purchaser acknowledges and agrees that any samples or photos shown by the Company are a general guide only and the Purchaser must conduct their own inspections of the Goods in person.

• The Purchaser acknowledges and agrees that the Goods:

1. are manufactured from natural materials;

2. may be chipped;

3. will be uniquely different in colour, grain, shade, reflectivity, texture, surface, finish, quartz lines and markings;

4. may expand, contract or distort over time as a result of exposure to heat, cold and changes in the temperature or humidity;

5. may change colour in the presence of UV light or water;

6. may change in colour due to inherent traces of iron;

7. may require additional tolerances between stones; 

8. may cup, crown or display surface checking due to extreme expansion or contraction when conditions are extremely wet, dry or hot or rapid changes in humidity occur;

9. may mark or stain if exposed to certain substances; and

10. may be damaged or disfigured by impact, scratching or excessive loading.

• The Purchaser must not make any objection, requisition or exercise any rights in connection with any of the matters listed in this clause 4(b).

• The Purchaser assumes all risk and responsibility as to the suitability and results obtained from the use of the Goods and any decisions made or actions taken based on information given by the Company.

4. Payment for Goods

The Purchaser agrees to payment and receipt of the Goods on the following terms

1. The Purchaser agrees to hold no proprietary interest in the Goods until payment as outlined in the Company’s invoice has been made in accordance with the terms of that invoice and any and all related monies are received in full in the Company’s designated account.

2. The Purchaser agrees to pay a deposit equating to 25% of invoices and incidental costs on the date where an order is placed with the Company.

3. If the Goods have not been delivered within one (1) month of the date on which the Purchaser placed their order and the delay is attributable to the Purchaser the Purchaser agrees to pay the full amount owed to the Company to hold the Goods for a further month or such other time as is agreed to by the parties in writing.

4. If the Purchaser fails to fulfill their obligations in accordance with clause 4(c)(iii) and a total of two (2) months has passed since the date where an order was placed with the Company this Agreement is void and the Purchaser forfeits their deposit unless an extension of time is agreed to by the Company in writing.

5. Return of Goods

1. Any Goods returned from the Purchaser to the Company must be in the exact condition as when the Goods were delivered.

2. Any Goods returned will be subject to a handling fee equating to 20% of the invoiced amount and any incidental costs associated with Services or a minimum of $30 whichever amount is higher.

3. No return of Goods will be accepted after 4 weeks from date of delivery.

4. No returns or credits will be available on Sale Items.

6. Cancellation Policy

1. If the Purchaser cancels an order within twenty-four (24) hours before the Goods are set to be delivered the Company is entitled to delivery costs plus

1. 10% of the total value of the order if the Goods have not yet begun to be delivered; or

2. 20% of the total value of the order if delivery of the Goods has already commenced.

2. The Purchaser acknowledges the amount referenced in clause 4(e)(i) will be subtracted from any monies already paid to the Company by the Purchaser to cover costs including packing, handling and invoicing. 

3. If the Purchaser cancels an order prior to fourty-eight (48) hours before Goods are set to be delivered by the Company the Purchaser is entitled to a full refund.

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