Fernhill Stone Ltd Terms & Conditions
To the fullest extent legally possible all contracts, dealings and/or arrangements made between Fernhill Stone Ltd and each of its subsidiaries, affiliates, associated companies and related entities (“Fernhill Stone”) and any Customer (“Customer”) relating to any products, services or transactions are subject to the following Terms and Conditions of Trade (“these Terms”) unless otherwise agreed in writing.
- a) Payment is to be by cash, cheque, credit/debit card or Electronic Funds Transfer without set-off or deduction of any kind.
- b) Full payment is to be made by the customer upon placement of an order with the exception of a special order stock line where a deposit of 50% will be required, with the balance to be paid prior to the goods being dispatched.
- c) Fernhill Stone is entitled to set-off or deduct any amount payable by Fernhill Stone to the Customer.
Interest: will be charged on overdue accounts at the rate of an additional 2% on invoice amount.
- a) Fernhill Stone reserves the right to take possession and dispose of goods as it sees fit at any time until Full Payment
- b) Immediately upon delivery the Customer accepts liability for the safe custody of the products.
Limitation Of Liability:
- a) The Customer agrees to limit any claim upon Fernhill Stone to the cost of re-supply of equivalent products or the supply of services again.
b) Fernhill Stone shall not be liable for any claim (whether for loss or expense or otherwise) which is made after 14 days from date of delivery or services (or at all once products have been unpacked, on-sold or otherwise used or applied) after which there shall be deemed unqualified acceptance
- c) Fernhill Stone will not be liable for any contingent consequential direct indirect special or punitive damage arising in any way, whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly.
- d) No other term, condition, agreement, warranty, representation or understanding whatsoever whether express or implied in any way extending to, relating to or binding upon Fernhill Stone, other than these Terms, is made or given.
- a) Sample: No contract between Fernhill Stone and the Customer shall be or be deemed to be a sale by sample or description.
- b) If Fernhill Stone publishes material concerning its prices, anything so published which contradicts these Terms is excluded.
- c) The Customer will rely on its own knowledge and expertise in selecting any product or services for any purpose.
- d) Advice or assistance given for or on behalf of Fernhill Stone shall be accepted at the Customer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied upon by the Customer.
Placement Of Orders:
- a) If any dispute arises over any order (including any question of identity, authority or any telephone, facsimile, computer or e-mail order) the internal records of Fernhill Stone will be conclusive evidence of what was ordered.
- b) Each order placed shall be and be deemed to be a representation made by the Customer at the time that it is solvent and has the present and future ability to pay all of its debts as and when they fall due.
- c) Failure to pay in accordance with these Terms shall be and be deemed to be conclusive evidence that the Customer had no reasonable grounds for making the representations and that the representations were unconscionable, misleading and deceptive.
- d) With each order placed, the Customer shall inform Fernhill Stones of any material facts which would or might reasonably affect any decision to accept the order and/or grant credit in relation to it. Failure to do so shall create and be deemed to create an inequality of bargaining position, shall be and be deemed to be taking an unfair advantage of Fernhill Stone and to be unconscionable, misleading and deceptive.
- a) All sales are made by Fenhilll Stone at its ruling price at time of delivery.
- b) Government imposts, VAT etc (“imposts”) will be paid by the Customer.
- c) Fernhill Stone price lists exclude imposts unless expressly identified as such in any price list.
The Customer acknowledges and agrees that:
- a) Fernhill Stone accepts no responsibility or duty for delivery but may elect to arrange delivery at its discretion without any liability and at the Customer’s costs and responsibility in all things.
- b) Fernhill Stone reserves the right to charge for any delivery.
- c) The Customer shall be deemed to have accepted delivery and liability for the products immediately Fernhill Stone notifies the Customer that any products are ready for collection or they are delivered to a carrier or to the Customer’s business premises or site whether attended or not.
- d) Fernhill Stone will not be liable for delay, failure or inability to deliver any products or perform any services.
- e) Once the Customer is notified products are ready for collection or delivery, the Customer agrees to pay all costs of Fernhill Stone in holding products for the Customer.
- f) The Customer shall provide reasonable and proper access to any site specified for delivery.
- g) The Customer agrees to pay all costs and expenses arising from frustrated or delays in delivery.
- h) The Customer shall be responsible for any damage, costs (including clean-up costs) or fines caused in the course of delivery whether to footpaths or to any other property.
- i) Fernhill Stone may unilaterally delay, cancel or suspend any delivery for any period or cancel any agreement for sale without any liability to any party.
If Fernhill Stone elects to take back product it must be in as new and saleable condition and upon terms agreed which includes any carriage cost which the customer is liable for and a re-stocking fee of not less than 25% of invoice value will apply.
Products and Services:
- a) Fernhill Stone disclaims any responsibility or liability relating to any products or services:
(i) made or performed to designs, drawings, specifications and/or procedures etc or with materials which are provided or approved by or on behalf of the Customers; or
(ii) utilised, stored, handled or maintained incorrectly or inappropriately.
- b) The Customer agrees to check all products and services for compliance with all applicable standards and regulatory bodies before use, on-sale or application and to use or apply same in accordance with all applicable standards, regulations and guidelines, with all manufacturer’s, processor’s and/or Fernhill Stone’s recommendations and directions as well as with good commercial practice.
- c) Delamination, Failure etc: The Customer acknowledges products sold are not manufactured or processed by Fernhill Stone and accepts all risks associated with any delamination or failure.
- d) The Customer agrees to check all products and services prior to use, alteration or any application thereof whether in relation to suitability for any particular purpose, process or otherwise.
- e) Stone and Brick Cladding: The Customer acknowledges that Fernhill Stone’s stone and brick cladding product has (inter alia) the following characteristics:
(i) it is a manufactured product and variations in colour, texture and inherent quality occur;
(ii) it is susceptible to changes in quality, structural strength, appearance, finish and/or colour due to mistreatment, poor storage, poor handling, inadequate, uninformed and/or inappropriate preparation, treatments, installation or use and by exposure to the elements, chemicals, sunlight and foreign materials etc;
Recovery Costs: The Customer will pay to Fernhill Stone the costs and expenses incurred by it or its solicitors, legal advisers, mercantile agents and other parties acting on Fernhill Stone’s behalf in respect of anything instituted or being considered against the Customer whether for debt, possession of any products or otherwise.
Variation or cancellation of these Terms or any orders must be in writing and agreed between the parties.
- a) The Customer agrees that it will be deemed to have notice of any change to these Terms immediately they are adopted by Fernhill Stone, whether or not the Customer has actual notice.
- b) The Customer shall be bound by any terms and conditions of trade adopted by Fernhill Stone immediately they are so adopted, notwithstanding any other purported, pre-existing or other terms and conditions.
Indemnity: The Customer indemnifies Fernhill Stone against any claim or loss arising from or related in any way to any dealing between Fernhill Stone and the Customer or anything arising therefrom, including any liability arising under the Trade Practices Act and any relevant Occupational Health and Safety laws or arising as a result of or subsequent to any breach of these Terms.
Ability to Supply: The Customer agrees that Fernhill Stone will not be liable for any delay in supply or availability of any products, and may allocate products as between Customers at its absolute discretion.
Exports: Of any goods are governed by these Terms and all international trade conventions and/or terms are expressly excluded.