PRIMESTONE ARCHITECTURAL PAVING (PSAP) PTY LTD TERMS AND CONDITIONS OF SALE:
1. TERMS AND CONDITIONS OF SALE AND HOME BUILDING CONTRACT ACT:
PSAP is not a registered builder and does not conform to the Home Building Contract Act to do with installations. Therefore, the buyer is hereby advised to seek further information on the Home Building Contract Act, prior to proceeding with any installation orders from PSAP. In consideration of PSAP entering into this sales and/or service agreement with the Buyer at the request of the Buyer, the Buyer guarantees to abide by these terms and conditions of sales in doing business with Primestone (PSAP P/L).
2. PRODUCTS AND SERVICES OWNERSHIP:
All manufactured Limestone Paving and associated products purchased made to order right here in WA and Natural Stone paving tilesand purchase of paving tiles, bullnosing and associated products shall remain the property of Primestone until such time is fully paid for in accordance with this contract and payment or payments are cleared funds in full into Primestone’s nominated bank account.
3. PROVISION OF ACCESS WATER AND ELECTRICITY:
The buyer shall provide free access, water and electricity to Primestone and its employees and or agents to enter the site or property and perform the contracted work under this or any associated agreement and to remove any paving tiles, bullnosing and or associated products if unpaid for as per and or under the terms and conditions of this agreement.
4. DEFAULT IN PAYMENT:
Any default in payment by the above named buyer to the terms and conditions of this agreement renders the buyer liable to pay any collection agency or legal fees, plus interest at the rate of 12% per annum.
5. CANCELLATION TO THIS AGREEMENT AND COOLING OFF PERIOD:
The buyer may cancel this agreement to purchase within 3 days of acceptance.
As all purchases are made and or imported to order, the buyer agrees to compensate Primestone for any damages due to cancellation of any purchase (after the expiry of the cooling off period).
6. DISPUTES RESOLUTION:
Any disputes whatsoever are to be resolved by way of arbitration or mediation by the Housing Industry Association (HIA) or The Chamber of Commerce
and Industry of WA (CCI). Primestone will not accept any liability for legal costs outside the terms and conditions of this agreement.
7. DISCLAIMER AND ADDITIONAL CONDITIONS OF SALE:
7.1 INCORRECT ORDERS OR DELAYS;
No responsibility will be accepted for incorrect orders or delays caused by site plans scale errors or other miscalculations or changed designs. Quantities are the purchaser’s responsibility and a site check is appropriate prior to final delivery of any paving or associated products to the site. No pavers or associated products will be accepted for return after delivery to the site.
7.2 DELIVERIES AND PRODUCTS IN TRANSIT;
No responsibility is accepted in any way for paving tiles and or products in transit. Delivery is the purchaser’s responsibility even when organised and/or ordered by Primestone or any of Primestone’s employees and or agents.
7.3 SALTWATER POOLS AND SALTY CONDITIONS;
Saltwater pools are very corrosive and will affect the performance of any paving tiles or associated products and in particular the bullnosing tiles on the edge of pools and/or spa pools and surrounding area. Primestone pool bullnosing and associated products are manufactured stronger than normal and waterproofing additives are added to Primestone paving during manufacturing to help minimise damage caused by saltwater. Primestone recommends 2 to 3 coats of good sealant be applied to the surface of the paving tiles and bullnosing before filling the pool with water, and before adding salt into pool water. All care is taken to enhance the performance of Primestone paving, bullnosing and associated products for saltwater conditions; however, no responsibility will be accepted in any way for the paving tiles, bullnosing and or associated products for saltwater damage.
7.4 VARIATION IN COLOUR AND IN THICKNESS;
Variation in colour and in thickness is to be expected. However, the colour variation is intentional, in most instances, as we believe it adds to the character of the Primestone paving and bullnosing tiles. The variation in thickness of up to a maximum of 5 mm is overcome upon the paving vibration and compaction. We recommend the use of a piece of carpet under the compactor before compaction, to minimise damage to the tiles.
7.5 BREAKAGES AND TOLERANCES;
A breakage of up to 5% is to be expected by the purchaser. Most of broken tiles or bullnosing, if any, can be used for cutting to minimise wastage.
Variations in joints size of up to 5mm in between the paving and in paving tiles levels are acceptable by the buyer. Primestone’s policy for breakages over and above the 5% tolerance is to replace the broken products one for one and is subject to Primestone site inspection of the broken product and exchange voucher being granted for all legitimate claims.
7.6 PALLETS DEPOSIT AND PALLETS PICKUP FEE;
All paving pallets remain the property of Primestone and must be returned to Primestone by the buyer unless, authorised otherwise in writing. Primestone will charge a fee of $ 88 per load for one trailer or ute pickup of pallets. Pallets deposit of $ 25.00 per pallet will be charged, prior to delivery or will be invoiced for any pallets not returned to Primestone. Any pallets deposit paid is refundable upon the return of pallets to Primestone, by the buyer.
7.7 REMOVAL OF RUBBISH AND WASTE OF SITE;
Removal of waste and rubbish of site is the buyer’s responsibility. It is recommended that a disposal bin or a trailer should be supplied by the buyer and the buyer to assist in keeping the work site clean, tidy and safe.
7.8 SAFETY OF THE WORK SITE;
Safety of the work site is the responsibility of everyone in concern and the buyer’s responsibility in this is paramount as the contractor is not always on site and or is busy performing the contracted work for and or on behalf of the buyer. It is recommended that the site be kept clean, tidy and safe.
7.9 WASTE MATERIALS DISPOSAL;
It is also recommended that the waste materials be disposed of correctly in accordance with local authority requirements.
7.10 RECOMMENDATIONS OR REFERRAL OF OTHER TRADES;
Primestone and its employees and or agents are under no obligation to recommend, suggest and or refer any other trades, contractors and or services to the buyer. Primestone will take no responsibility for any recommended, suggested or referred trades, contractors and or services. Any recommendation suggested and referrals whatsoever is done without prejudice and or obligation whatsoever under any circumstances.
7.11 PRODUCT AND LABOUR WARRANTEES AND GOVERNING LAW AND JURISDICTION;
a. product and labour 12 months pro rata warrantee applies, from completion and is subject to a full payment received, per these terms and conditions of sale and prior to commencement of any warrantee works. Products warrantee does not impact on the integrity of the labour or services and vice versa.
Primestone or any of Primestone’s employees and or agents reserves all rights to remedy any warrantee in question or of concerns, if any.
b. This Deed is governed by, and will be construed in accordance with, the laws in force in the State of Western Australia and in the Commonwealth of
Australia and the Parties irrevocably submit to the exclusive jurisdiction of the Courts in the State of Western Australia in respect of all matters arising under, or in connection with, this Agreement.
c. Regardless of anything in this Deed, in equity, at law, or in practice to the contrary, to the extent not prohibited by any law the Parties acknowledge and agree that Primestone nor any of its officers, employees, agents or contractors shall pay any of the Purchaser’s cost of any litigation arising under or in connection with this Deed, regardless of whether the Purchaser’s action or proceeding is successful or otherwise.
If any part of this deed is, or becomes void or unenforceable, that part is or will be, severed from this deed to the intent that all parts that are not, or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.
7.13 VARIATION TO CONTRACT AND OR AGREEMENTS:
This contract and agreements constitute the entire agreement of the parties and may be varied only by a contract and variation executed by the parties including these terms and conditions of sale and it does not include any prior agreements, discussions, quotations or conversation orally and or written.