LITESTONE
ABN 54 159 938 655
StandardTerms and Conditions of SALE
1. Preliminary
1.1. In these terms and conditions:
“Conditions” means these standard terms and conditions of sale.
“Goods” means all or any LITESTONE™ products.
“fabricate”, “fabricated”, or “fabrication” means cutting, grinding, chipping, sanding, drilling or manufacturing processes.
“Purchaser” means the purchaser of Goods from the Supplier.
“Supplier” means Litestone ABN 54 159 938 655
“Website” means https://litestone.com.au/.
2. Application of Conditions
2.1. These Conditions apply to all orders placed by the Purchaser with the Supplier from the Website.
2.2. If the Purchaser does not accept these Conditions the Purchaser must refrain from making a purchase from the Website.
2.3. A Contract will be formed upon the written acceptance by the Supplier of an order for the Goods by the Purchaser.
2.4. The Purchaser acknowledges that it will be boundby these Conditions which will form part of the Contract.
2.5. The Contract may only be varied with theSupplier’s prior written consent.
2.6. To the extent any conflict exists between these Conditions and any other documentation or correspondence between the Purchaser
and the Supplier, these Conditions are paramount and prevail.
3. User Agreement
3.1. By accessing and/or using the Website, the Purchaser accepts these Conditions and agrees to be bound by them, and an agreement is formed between the Supplier and the Purchaser.
3.2. These Conditions may be amended at any time without notice and the Purchaser’s access to this Website may be terminated at any time without notice.
3.3. The Purchaser’s continued use of the Website following such amendment of these Conditions will represent an agreement by the
Purchaser to be bound by these Conditions as amended.
3.4. The Purchaser must review the Conditions for amendments each time the Purchaser uses the Website and before placing any orders.
3.5. The Purchaser warrants that they are eighteen (18) years of age or over before placing any orders on the Website.
4. Goods
4.1. The Supplier warrants that the Goods it has agreed to supply are the quantity, quality and description as specified in the order.
4.2. The Goods contain crystalline silica which is a hazardous substance and may cause respiratory illnesses such silicosis.
4.3. The Purchaser warrants, acknowledges and agrees the Goods is a hazardous substance and expressly agrees to take all appropriate
measures set out in these Conditions and all available material on the Website.
5. Pricing
5.1. The price paid by the Purchaser to the Supplier for the Goods includes GST and all relevant taxes, duties and levies.
5.2. Unless the Supplier expressly advises in writing, the price for any Goods does not include the costs of delivery of the
Goods and all costs, charges or expenses incurred by the Supplier in relation to delivery are payable by the Purchaser.
5.3. Any GST payable by the Supplier in respect of the supply of the Goods will be paid by the Purchaser to the Supplier.
5.4. The Supplier will invoice the Purchaser immediately upon online checkout and payment of the Goods.
6. Delivery or Pick-up
6.1. The Supplier will deliver the Goods purchased by the Purchaser to the Purchaser’s nominated address.
6.2. Delivery of the Goods is to the street level of the nominated delivery address only.
6.3. Title to the Goods passes to Purchaser on delivery of the Goods.
6.4. If, due to any act, matter or thing beyond the control of the Supplier, the address for delivery is unattended, delivery cannot otherwise be effected or the Goods cannot be dispatched, the Supplier, in its sole discretion, may store the Goods at the Purchaser’s risk and expense
or take such other steps as it considers appropriate.
6.5. At the request of the Purchaser, the Goods can be collected from Supplier’s premise by prior arrangement.
7. Risk
7.1. Risk in the Goods passes to the Purchaser on delivery of the Goods and from that time the Purchaser assumes all risk of loss and damage to the Goods.
8. Return Policy
8.1. To the fullest extent permitted by law, return of the Goods are solely at the Supplier’s discretion.
8.2. If the Supplier forms the opinion that return is warranted, then the return will only be accepted, when the Goods are returned back to our warehouse, in their original condition, including the original pallet (if provided), and have arrived without any damage to the Goods, or the
exterior packaging.
8.3. A restocking fee of AUD$22.00 per individual item will be applied and will be at the Purchaser’s expense.
8.4. Once Goods have been received and checked, the Supplier will inform the Purchaser by email if a refund is to be provided less any expenses due and payable by the Purchaser.
8.5. The Supplier reserves the rights to adjust, cancel, or recalculate the costs of any order, if the Supplier deems that a calculation error has occurred.
8.6. If such adjustment, cancelation, or recalculation occurs the Supplier will notify the Purchaser, of the adjustment, cancellation, or recalculation and the Purchaser will have the option to proceed with order or cancel the order.
9. Supplier’s Obligations
9.1. Notwithstanding any other provision of these Conditions, if the Purchaser breaches a term of these Conditions, the Supplier is not bound to perform its obligations under these Conditions until the breach is remedied by the Purchaser.
9.2. The Supplier is not liable for any failure to observe its obligations under these Conditions where such failure is wholly or substantially due to a force majeure event, which includes any cause beyond the control of the Supplier, including strike, industrial action, war, sabotage, terrorist activity, national emergency, blockade or governmental action, inaction or request, and act of God.
10. Installation and Fabrication
10.1. The Purchaser acknowledges, warrants and agrees that when dealing
with the Goods:
a. Care is to be taken by the Purchaser when installing or fabricating the Goods.
b. The Purchaser is at risk for crystalline silica exposure;
c. All cutting and/or fabrication of the Goods is to be undertaken outdoors in a well-ventilated area;
d. The Purchaser must use the following personal protective equipment to the appropriate Australian Standard:
i. Respiratory Dust mask;
ii. Eye/face protection;
iii. Safety shoes;
iv. Earplugs; and
v. Gloves.
e. The Purchaser shall wear appropriate protective clothing that limits exposure of dust particles or direct skin contact.
f. Shall only be wet cut and/or fabricated with a cordless diamond blade cutting saw or similar cordless cutting drill that complies with Australian Standards.
10.2. The Purchaser must not fabricate the Goods by using dry processes which generate dust under any circumstances.
11. Acknowledgement
11.1. The Purchaser acknowledges, warrants and agrees that prior to any use or handling of the Goods, the Purchaser has read these
Conditions and reviewed all available material on the Website with respect to the purchase, use, handling and installation of the Goods.
12. Indemnity
12.1. The Purchaser, acknowledges and agrees to indemnify and hold harmless the Supplier against all claims, suits, liability, loss, damage, costs and expenses (whether direct or indirect) suffered by the Purchaser, or any other person with respect to any breach of warranty or representations, or any liability under relevant laws in relation to the Goods, or any claim arising out of the use and/or installation and/or fabrication of the Goods.
13. Exclusive Jurisdiction
13.1. These terms and conditions are governed by the law of New South Wales.
13.2. The parties will submit to the exclusive jurisdiction of the courts of New South Wales
14. Severability
14.1. If any part of these Conditions are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the provisions of these Conditions will remain in force and constitute the agreement between the Purchaser and the Supplier.
15. Acceptance or Rejection of an Order
15.1. We reserve the right to accept or reject your order for any reason, including if the requested product is not available, if there is an error in the price or the product description posted on the Site or in your order.
15.2. Each order placed for products through the Site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions.
15.3. If we reject an order placed through the Site, then we will endevour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
16. Canceling an Order
16.1. We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if
16.2. The requested products in that order are not available; or
16.3. Shipping calculation/delivery fee has been incorrectly calculated by our website; or
16.4. There is an error in the price, or the product description posted on our website in relation to the relevant product in that order; or
16.5. That order has been placed in breach of these terms and conditions.
16.6. If we do so, then we will endevour to provide you with reasonable notice of that cancellation, and will not charge you for the canceled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.