TERMS & CONDITIONS
Terms & Conditions – 19 August 2024
Silica dust may be released when working with quarry products which are cut, drilled, sawn, routed, broken up, or ground. Repeated or long-term exposure may lead to lung disease. Always use adequate dust prevention and extraction methods, protective clothing and dust mask that conform to Australian Standards.
Your attention is drawn to the selected clauses below, however, please note that all Terms of Sale do apply. “Company” means Clay and Mineral Sales Ply. Ltd, or any authorized subsidiary.
Delivery and Surcharges
- All prices are for supply, delivery and/or installation, as applicable, during the company’s business hours, Monday to Friday, unless otherwise quoted in writing. Work by the Company outside of these hours may incur a surcharge. The Customer should contact our Sales office for surcharge schedules.
- Unless the quoted price is inclusive of a delivery to a nominated delivery site, the customer will be charged for delivery.
- A waiting time or hourly hire surcharge may apply when a delivery vehicle is unable to unload promptly and without delay upon arrival at a delivery site. A standard 15 minutes is included in all quoted delivered rates. Beyond these 15 minutes, a waiting time charge may apply.
- A minimum load surcharge may apply for delivery of loads smaller than the minimum load size for delivery of each particular type of goods. The Customer should contact our Sales Office for details and rates of all surcharges.
- Goods will be delivered to the roadside adjacent to the delivery site. If at the Customer’s request, the delivery vehicle leaves the road and enters the delivery site to unload, the Customer is responsible for providing suitable and safe access for the Delivery vehicle and Company Agents or Contractors. In addition, the Customer agrees to indemnify the Company and its agents and contractors for all damage and injury to any person and to any public or private property which may result including any costs associated with enabling the delivery vehicle to leave the site, and the cost of any returned product as a result of the Customer falling to provide suitable and safe access to the delivery site.
- The Customer must be present at the delivery site and must sign the Company delivery docket to acknowledge that the products and quantities described on the delivery docket have been delivered and comply with the Customer’s order and that the Customer also accepts any applicable delivery surcharges.
- Where the Customer does not sign or is not available to sign the delivery docket, the signature of the driver on the delivery docket shall be prima facie evidence of delivery to the Customer of the products and quantities described on the delivery docket including any applicable surcharges.
- If the Customer is not present at the delivery site, the goods may be unloaded at that location, in which case the Company will no longer be responsible for loss or damage to the goods.
- The Customer will become responsible for loss of or damage to goods immediately upon delivery of the goods to the nominated delivery site or to a carrier nominated by the Customer.
- If the Customer believes that the goods and/or services supplied do not conform with the order placed or that the price charged does not conform with the quotation given by the Company, the Customer shall notify the company in writing as soon as practicable, detailing the way in which the goods or price do not conform.
- Failure to give such notification within seven days of the date of supply or date of invoice (as applicable) shall raise the inference against the Customer that the goods are in accordance with the order and quotation.
- The Customer shall be deemed to have accepted the goods as supplied if it fails to keep the goods in the condition they were in when supplied or declines a reasonable request from the Company to inspect the goods.
- We endeavor to ensure the colour and texture of our products match those on display. However, as a result of the natural materials used and the manufacturing process, some variation in colours, shapes and sizes are inherent and may vary from what you see in a photo. It is recommended that products should be viewed at our Golden Grove office before purchasing.