TERMS & CONDITIONS OF SALE
Title of Goods:
Until payment in full as stated on the invoice has been received the goods remain the property of Natural Stone Warehouse PTY (LTD) trading as Continua.
Passing of Risk:
The risk of the goods shall pass to the Customer on collection or delivery.
Unless specified to the contrary all invoices are for payment in full prior to collection/delivery of goods.
Customers having a credit facility with Continua are to make payment within 30 (thirty) days of date of statement unless otherwise agreed in writing. Such payments shall constitute payment to Continua.
The price of goods sold to the purchaser is strictly net and not subject to any discounts unless otherwise agreed to in writing. In the event that a discount is agreed to in writing it shall only be allowed if payment is received by Continua strictly by the due date and shall only apply to the actual price of the goods themselves and not to any value added tax, transport costs, insurance storage charges or other duties or taxes.
All payments are to be made without deduction of any kind and will be free of exchange, bank costs and other charges and will be paid at the address reflected on the face hereof, or such other address as Continua may elect from time to time in writing.
The purchaser will be responsible for all Attorney’s fees together with collection charges, should legal action be required in order to recover any monies due.
If at any time payment is not made on due date, or if the purchaser’s credit limit with Continua has been exceeded then, without prejudice to any other legal remedy which we may have in law, Continua may:
1. Charge interest on the amount due at the bank prime rate, which shall mean the prime overdraft rate charged by our bankers to members of the private sector on unsecured overdraft facilities;
2.and/or without prior notice, defer further deliveries or performance in terms of this agreement until payment is made;
3. and/or upon written notice forthwith cancel the remainder of the agreement and recover from the purchaser all the monies then due or owing by the purchaser for goods already delivered and payment for such damages as Continua may have sustained.
Prices are subject to alteration without notice. All products are priced/ sold per each or set, errors and omissions excepted, without any liability to Continua.
Quotations are based on current costs and are subject to amendments on acceptance of order to meet any recognised rise in costs.
All specifications given by Continua are approximate and intended as a guide only. Continua does not accept responsibility for any preparation work based on such specifications.
The right is reserved to refuse cancellation of orders in the case of goods ready for dispatch, in transit or in the process of manufacture.
Condition of Order:
In the event of any customers official order form containing any special conditions, it is understood that such conditions are only binding in so far as they are not of any variance with the terms & conditions mentioned herein unless specifically accepted in writing.
All prices shown and quoted are subject to VAT. The rate charged will be that currently operative at the date of invoice.
Orders are accepted and arrangements for delivery are made subject to availability and no liability can be accepted for delays arising from risks and uncertainties of manufacture, strikes, accidents, courier delivery or other factors beyond the control of Continua. Any arrangement made by the Customer in anticipation of delivery is made at the sole risk of the Customer.
Delivery/Quotations are given in good faith in the light of our current delivery position and subject to availability of materials. Every effort will be made to effect delivery within a quoted period, but no liability can be accepted should it be exceeded.
Site deliveries are only undertaken on the understanding that the Customer will be responsible for the goods during off loading and storing the same to prevent theft or damage from weather etc.
Continua accepts no responsibility whatsoever for any damage caused if required to load or offload on private property.
Short Delivery Claims:
No claim for short delivery can be entertained unless signified at the time of delivery. 3-7% breakage is an industry norm, it is therefore highly recommended that a 10-15% wastage is added to the final order to accommodate breakage as well as cuttings and attic stock.
Delivery/courier charges will be charged to the Customer.
The Customer shall be deemed to have examined the goods within 24 hours of collection/delivery and to be satisfied that the goods are undamaged, of the correct quantity and in accordance with the contract unless notification to the contrary is received by Continua at that time. No claims for unboxed goods will be accepted unless signified at the time of collection/delivery. In any event no claims may be made after the tiles/ slabs are cut and/ or fixed.
All damaged goods must be returned to Continua before a credit is issued.
Any advice, opinion, representation, recommendations, or information given by or on behalf of Continua is given as a guide only and any advice or assistance of whatever nature as to the installation, use or performance of any goods supplied by Continua shall not be binding unless specifically stated in writing to be incorporated into the contract of sale.
The return of goods specially ordered for the Customer cannot be accepted in any circumstances. All other returns must be within 4 weeks of being supplied, in full box quantities and in good condition subject to a handling fee of 15%. No credit will be issued unless the goods are returned in a saleable condition. All returns must be returned to the ordering branch to qualify for credit.
Adhesives, sealants and grouts cannot be returned for refund due to the nature of the products unless in original sealed containers/bags.
Shade variation is an inherent part of the manufacture of ceramic tiles and the natural movement in natural stone and associated products particularly in the decorative effects and goods are sold subject to the variation in shade experienced in these products.
Please note: It is a characteristic of certain exotic marbles and granites that they have pitting, hairline fractures and other flaws. These slabs are treated with an advanced resin saturation technique, which ensures the structural integrity of the material. A degree of unevenness in the polished finish results from the resin treatment. We will not entertain any claims once the pieces have been fabricated and/or installed and/ or tiled.
All sale items are sold as seen. Sale items cannot be cancelled or returned under any circumstances.
It is important that an acceptable blend of shade is achieved before goods are fixed and in any event no liability in respect of shade variation will be accepted after the goods are fixed. Goods supplied may not precisely reflect the shade of sample material.
Care notes for Natural Stone Products:
Use of a mild neutral detergent (Natural Stone Detergent) followed by a clean water rinse may be necessary in excessively dirty areas.
Do not use scouring powder or abrasive cleaning materials, acidic or alkaline detergents or corrosive liquids.
Buffing the surface with a soft dry cloth will remove traces left by drying water.
Please consult us for detailed information on methods of removing stubborn stains, as well as on the application of surface sealers.
Continua reserves the right to withdraw a product line or amend specifications without any liability on their part.
Any typographical, clerical, or other error in any sales literature, quotation, price list, acceptance of offer, invoice or other document of information issued by Continua shall be subject to correction without liability on their part.
We may monitor, record, store and use any telephone, email or other communication with you in order to check any instructions given to us, for training purposes, for crime prevention and to improve the quality of our customer service.