+61 2 9792 6600

Terms and Conditions of Sale

Form-rite co & Cubo

Application of Terms and Conditions

  1. Capitalised terms have the defined meanings given to them at the end of this document.
  2. These Terms:
    1. apply to all transactions between Form-Rite and the Customer for the sale of Products, including all Quotations, offers, orders or sales;
    2. form part of all Contracts;
    3. will only be waived or varied in writing signed by Form-Rite; and
    4. will prevail over all conditions of the Customer’s order to the extent of any inconsistency.
  3. The Contract (including these Terms) comprise the entire agreement between the Customer and Form-Rite.
  4. These terms and conditions and the Contract are governed by, take effect, and will be construed in accordance with, the laws of NSW.

Quotes and Pricing

  1. Quotations will be construed as an invitation to the Customer to make an offer to Form-Rite to purchase Products on the terms and conditions set out in the Quotation. The Customer’s order will be construed as an offer to purchase Products from Form-Rite.
  2. No agreement will exist between Form-Rite and the Customer and the Customer’s order will not be binding on Form-Rite until it is accepted by Form-Rite by notice to the Customer. Form-Rite reserves the right to accept or refuse any order placed by a Customer.
  3. Unless previously withdrawn, Quotations are open for acceptance by the Customer within the period stated in them or, where no period is stated, within 7 days.
  4. The prices in any Quotation apply only to the quantity of Products specified in the Quotation. Form-Rite reserves the right to alter the quoted prices if the Customer offers to purchase a different quantity of Products to those specified in a Quotation.
  5. Form-Rite will arrange for a Check Measurer to visit the Customer’s site address for the purposes of conducting an inspection of the site and confirming the accuracy of measurements taken for the installation or fabrication of the Product. This may include taking on-site measurements, reviewing existing measurements, and conducting a survey of the installation site. (Inspection).
  6. If, following such an Inspection, Form-Rite forms the view that the Product has been incorrectly quoted or a major modification to the Product or installation process is required, Form-Rite will notify the Customer in writing within 7 Business Days after the Inspection was undertaken (Notification).
  7. Following receipt of the Notification by the Customer, if:
    1. Form-Rite has already accepted an offer made by the Customer, the parties must attempt to agree on a revised price for the Product. In the event that a new price cannot be agreed, then either party is entitled to terminate the Contract, in which case any monies paid by the Customer in respect of the transaction will be refunded to Form-Rite without any party having any claim whatsoever on the other; or
    2. If Form-Rite has not yet agreed to any offer by the Customer, it may issue a revised Quotation.

Payment

DEPOSIT

  1. The Customer must pay the deposit noted in the Quotation before Form-Rite will commence any work on the Customer’s order.
  2. Form-Rite will only commence production of an order after Form-Rite has received the entire deposit from the Customer and a Check Measurer has conducted an Inspection.

BALANCE

  1. Payment for the order must be paid by the Customer in the amounts and by the dates specified in the Quotation or otherwise notified to the Customer by Form-Rite.
  2. Any additional Product or item of work requested by the Customer that is not referred to or is not included in the Quotation does not form part of the Contract and the Customer will incur additional charges for the provision of such Product or item of work.
  3. If the Customer fails to make any payment under the Contract on time, Form-Rite may charge the Customer interest at the rate charged pursuant to the Civil Procedure Act 2005 (NSW) as set out in Part 36 Rule 7 of the Uniform Civil Procedure Rules 2005 (NSW).
  4. The Customer indemnifies Form-Rite against any costs, loss or damage or liability incurred by or on behalf of Form-Rite in connection with the recovery or collection of any outstanding money from the Customer.
  5. The Customer acknowledges that any special offer, discount, or deal which may be included in the Contract, is the only discount that applies to the Contract and that all other offers including any future offers will not apply to the Contract.

GST

  1. Unless any other clause in this agreement states otherwise the recipient of a supply pursuant to, or arising as a result of this agreement agrees that:
    1. consideration for such supply is exclusive of GST;
    2. the recipient will pay the amount of GST to the supplier at the same time as the consideration is payable subject to the receipt of a tax invoice;
    3. the recipient indemnifies the supplier in respect of the suppliers liability for GST; and
    4. this clause shall survive the completion of the transaction or the termination of this agreement
  2. In addition to GST , the Customer must pay all other taxes, duties, levies, tariffs or other governmental charges payable in relation to the sale, use or possession of the Products.

Modification and Replacement

  1. Form-Rite may make minor modifications to the Product specifications without notifying the Customer where such modifications are required as a result of a Check Measurer’s Inspection provided that such modifications do not materially affect the appearance, pricing, design and quality of the Product.
  2. Form-Rite has no liability for and is held harmless by the Customer against any errors or issues which arise if, Form-Rite cannot physically measure the site and the Product is manufactured on measurements supplied by the Customer, their builder, architect or any other person on their behalf.
  3. If for any reason beyond Form-Rite’s reasonable control, Form-Rite is not able to supply a particular Product, Form-Rite will notify the Customer and, with the agreement of the Customer, Form-Rite will replace it with a similar product of a similar standard and value.

Delivery

  1. Delivery and installation dates are estimates only. Form-Rite will make reasonable efforts to meet the agreed schedule but will not be liable for any delays.
  2. Form-Rite reserves the right to make partial deliveries of any Products and to invoice such deliveries separately.
  3. The Customer must take all reasonable steps to enable delivery to take place on the given delivery date, including providing access to the premises for delivery and installation. The Customer must ensure that the work area is free of obstruction and interference prior to the commencement of work.
  4. Where unforeseen circumstances beyond the reasonable control of the Customer prevent delivery of the Product by Form-Rite on the delivery date, the Customer must contact Form-Rite to request an alternative delivery date.
  5. Any additional costs incurred by Form-Rite due to delays or obstructions caused by the Customer will be charged to the Customer.
  6. Form-Rite will be entitled, without incurring any liability to the Customer, to withhold delivery of any Products while any amount owed by the Customer to Form-Rite for Products remains unpaid.
  7. Upon delivery of the Product, the Customer must:
    1. inspect the Product for any defects such as chips, cracks, or warping;
    2. complete the Inspection Check and return it to Form-Rite within 24 hours after delivery.
  8. If:
    1. the Inspection Check does not identify any defects in the Product; or
    2. the Customer fails to provide the Inspection Check, by the time period specified in clause 5.7,

the Parties agree that the Product will be deemed to have been delivered without any defects.

The Product

  1. The Customer acknowledges and agrees that:
    1. some Products are, by their nature, subject to variations in colour, pattern and shade and slabs may also contain variations in pattern, minor inclusions, pitting and other slight variations or inconsistencies;
    2. Form-Rite is not able to guarantee that any samples provided will exactly match the material supplied;
    3. damage may be caused to the Products either at the time of installation or over time:
      1. if the cabinetry or other building works supporting, adjoining to or otherwise connected to the Product are faulty, defective, uneven, poorly constructed or otherwise inappropriate;
      2. caused by the work of third parties; or
      3. caused through the movement of flooring or other fixtures.
  3. The Customer acknowledges that they are purchasing the stone component of their kitchen solely from Form-Rite.
  4. Title to the Products passes to the Customer when the Customer pays to Form-Rite the full amount of the invoiced price which relates to such Products.
  5. Risk of loss or damage to the Product passes to the Customer upon delivery.
  6. Form-Rite recommends that, having regard to the variations which may exist in some Products, the Customer visits the Form-Rite factory to view their own slab. The Customer agrees not to make any complaint or raise any claim in relation to any minor variations in the product in circumstances where the Customer has not inspected the slab.

Warranties

  1. Subject to clause 7.3, Form-Rite warrants that the Product is free from manufacturing defects from the date of installation of the Product until the Product is removed, altered, or replaced, or 2 years (24 months) whichever occurs first (Warranty).
  2. This Warranty is non-transferable and applies only to the Customer as the original consumer of the Product.
  3. The Warranty provided in this clause does not cover any damage, loss or liability arising from:
    1. improper installation or placement: any defects or damage resulting from improper installation, including but not limited to, incorrect placement, improper handling, or inadequate support (for example, where the Product is supported by cabinetry that is uneven or not level or otherwise defective);
    2. abnormal use: damage resulting from misuse, abuse, impact, or exposure to excessive heat or sunlight (for example, improper use of the Product in an outdoor application);
    3. natural variations: variations in colour, pattern, or veining inherent to the Products, and the presence of minor inclusions, pitting and/or pigment spots and other variations or inconsistencies which are considered natural characteristics of the Product and are not defects;
    4. maintenance: normal wear and tear, including scratches, chips or damage from regular use, and the failure to maintain the Product according to the recommended care guidelines (for example, the use of unsuitable chemicals or cleaning agents); and
    5. third-party alterations: any modifications, repairs, or alterations made to the Product by anyone other than Form-Rite or our authorised representative (including where the Product or any part of it has been moved from its original place of installation).
  4. The Warranty provided in this letter will not apply unless the Customer notifies Form-Rite within 30 days after first becoming aware of the defect, damage or other issue giving rise to the claim:
    1. in writing send by email to contact@form-rite.com.au; and
    2. with sufficient detail including photographs of the alleged defect or issue.
  5. The Customer must cease using the Product immediately upon becoming aware of the defect or damage giving rise to the Customer’s Warranty claim.
  6. Form-Rite may, at its sole discretion, conduct an inspection of the Product to verify the defect or damage. The Customer must provide Form-Rite’s representative with access to the Customer’s property and the installation site for the purposes of conducting such an inspection.
  7. Each party warrants and covenants with the other that:
    1. they are empowered to enter into the Terms and to do all things that will be required by the Terms;
    2. all things have been done or will be done by it as may be necessary to render the Terms legally enforceable in accordance with its terms and fully valid and binding on the other;
    3. no statement or representation made by a party or on its behalf to the other in negotiations antecedent to the Terms is misleading or deceptive in any material respect; and
    4. all obligations to be discharged by them pursuant to the Terms shall be performed or discharged with all due care and expertise.

Cancellation

No order may be cancelled by the Customer except with the written consent of Form-Rite.

Limitation of Liability

  1. Form-Rite’s liability is expressly limited to workmanship and to matters over which Form-Rite has direct control.
  2. If any Product supplied under the Contract is supplied to the Customer as a “consumer” of goods or services within the meaning of the ACL (as amended) or relevant state legislation, the Customer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in the Contract excludes, restricts, or modifies any condition, warranty, right, or remedy which, pursuant to the ACL or similar legislation, is so conferred.
  3. Subject to clause 9.2, to the fullest extent permitted by law, Form-Rite limits its liability to (at its discretion):
    1. replacing the goods or supplying equivalent goods;
    2. the cost of repair of the goods; or
    3. the cost of having the goods repaired or replaced.
  4. Subject to clause 9.2, Form-Rite is not liable for default or failure in performance of its obligations pursuant to the Contract resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Form-Rite.
  5. The Customer indemnifies Form-Rite from and against a Claim for any Loss directly or indirectly arising in connection with:
    1. damage to the Product caused after delivery irrespective of whether it is caused before or after installation of the Product; or
    2. any defects, issues, or non-compliance of the Product caused by the Customer’s breach of clause 4.2
    3. cancellation of an order for a Product other than in accordance with clause 8
  6. Notwithstanding clause 9.5, the Customer is not liable for:
    1. any proportion of Loss, to the extent that such Loss has arisen in connection with the negligence, act or omission or breach of these Terms by Form-Rite;
    2. any proportion of Loss which has, or could have, been avoided or reduced by Form-Rite taking reasonable steps to mitigate the amount of Loss that it has suffered or will suffer.
  7. It is not necessary for Form-Rite to incur expense or make any payment before enforcing a right of indemnity conferred by these Terms.
  8. Each indemnity in this clause is a continuing obligation, separate and independent from the other obligations of the parties and will not merge on termination, completion or expiration of this Agreement.
  9. Form-Rite reserves the following rights in relation to the Product until all amounts owed by the Customer to Form-Rite are fully paid:
    1. to enter the Customer’s premises (or the premises of any associated company or agent where the Product is located) without liability for trespass or any resulting damage and retake possession of the Product; and
    2. subject to, and in accordance with, the PPSA, to keep or resell any Product repossessed pursuant to clause 9.9(a).
  10. Until such time as the Customer has paid for the Product in full, the Customer must:
    1. keep the Product in good repair and condition; and</>
    2. insure the Product for its full insurable or replacement value (whichever is higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the Customer carries on business.

PPSA

  1. These terms and conditions are a security agreement between Form-Rite and the Customer.
  2. The interest of Form-Rite in the Products and all proceeds from the sale of the Products by the Customer to a third party is a security interest.
  3. The Customer consents to Form-Rite registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by Form-Rite to facilitate registration.
  4. Until title in the Products has passed to the Customer as contemplated by clause 6.4, the Customer agrees not to in any way assign, charge, lease or otherwise deal with the Products in such a manner as to create a security interest over the Products in favour of the Customer or any third party. The parties agree that this clause will not prohibit the Customer from selling the Products in the ordinary course of business.
  5. The Customer waives its rights to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by the PPSA and cannot be excluded.
  6. Form-Rite and the Customer agree that these terms and conditions, the Contract, and all related information and documents are confidential (Confidential Information) and will not be disclosed to unauthorised representatives or third parties, except to the extent disclosure is permitted by the Contract or required by law. The parties agree that Form-Rite will not disclose the Confidential Information pursuant to a request under section 275(1) of the PPSA.
  7. Unless the Products are used predominantly for personal, domestic or household purposes, the parties agree that each of the following requirements or rights under the PPSA do not apply to the enforcement of Form-Rite’s security interest in the Products or the Contract:
    1. any requirement for Form-Rite to give the Customer a notice of removal of accession;
    2. any requirement for Form-Rite to give the Customer a notice of Form-Rite’s proposed disposal of the Products;
    3. any requirement for Form-Rite to include in a statement of account, after disposal of the Products, the details of any amounts paid to other secured parties;
    4. any requirement for Form-Rite to give the Customer a statement of account if Form-Rite does not dispose of the Products;
    5. any right the Customer has to redeem the Products before Form-Rite exercises a right of disposal; and
    6. any right the Customer has to reinstate the Contract before Form-Rite exercises a right of disposal of the Products.
  9. Expressions defined in the PPSA have the same meaning when used in these terms and conditions.

General

  1. In these terms and conditions and any Quotation or Contract, unless the context otherwise requires:
    1. any gender includes the others;
    2. the singular includes the plural and vice versa;
    3. a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental body or agency;
    4. a statute or regulation includes any amendment, replacement or re-enactment of that statute or regulation;
    5. a reference to dollars is to Australian Dollars;
    6. “including” and similar expressions are not words of limitation;
    7. no provision will be construed adversely to a party solely on the ground that the party was responsible for the preparation of the provision;
    8. headings are for convenience only and do not form part of these terms and conditions or affect their interpretation; and
    9. references to a party or parties are references to Form-Rite and/or the Customer.

Definitions

  1. The following definitions apply to these terms and conditions unless the context requires otherwise:
  • Business Day means a day that is not a Saturday, Sunday or a public holiday in Sydney, New South Wales.
  • Check Measurer means an individual tasked by Form-Rite with confirming the accuracy of measurements taken for the installation or fabrication of the Product.
  • Confidential Information has the meaning given in clause 10.6.
  • Contract means:
    1. these Terms;
    2. Quotation if it is approved by Customer and then accepted by Form-Rite in accordance with these Terms;
    3. any amendment to the Quotation notified to the Customer by Form-Rite pursuant to the process set out in these Terms;
    4. any drawings, plans and specifications supplied by Form-Rite or approved by Form-Rite; and
    5. the document entitled “Letter of Warranty” supplied by Form-Rite to the Customer.
  • Customer means the person or entity purchasing the Product from Form-Rite.
  • Form-Rite means Form-Rite Co, a division of St George Cabinets Pty Ltd (ABN 75 001 840 320).
  • Inspection has the meaning given in clause 2.5.
  • Notification has the meaning given in clause 2.6.
  • PPSA means the Personal Property Securities Act 2009 (Cth).
  • Product means any product or goods to be supplied by Form-Rite to the Customer under the Contract.
  • Quotation means a quotation by Form-Rite for the sale of Products to the Customer.
  • Terms means these terms and conditions.

PÉTRA

Application of Terms and Conditions

  1. Capitalised terms have the defined meanings given to them at the end of this document.
  2. These Terms:
    1. apply to all transactions between Petra and the Customer for the sale of Products, including all Quotations, offers, orders or sales;
    2. form part of all Contracts;
    3. will only be waived or varied in writing signed by Petra; and
    4. will prevail over all conditions of the Customer’s order to the extent of any inconsistency.
  3. The Contract (including these Terms) comprises the entire agreement between the Customer and Petra.
  4. These Terms and the Contract are governed by, take effect, and will be construed in accordance with, the laws of New South Wales.

Quotes and Pricing

  1. Quotations will be construed as an invitation to the Customer to make an offer to Petra to purchase Products on the terms and conditions set out in the Quotation. The Customer’s order will be construed as an offer to purchase Products from Petra.
  2. No agreement will exist between Petra and the Customer and the Customer’s order will not be binding on Petra until it is accepted by Petra by notice to the Customer by issuing an invoice for the Product (Invoice). Petra reserves the right to accept or refuse any order placed by a Customer. Once an Invoice has been issued, the Customer’s order is considered final and no changes to the order will be accepted after this time.
  3. Unless the Quotation has been withdrawn, the Customer may may an offer to purchase Products on the terms set out in a Quotation within the period stated in the Quotation or, where no period is stated, within 7 days after the date of the Quotation.
  4. Petra reserves the right to issue a revised quotation in the following circumstances:
    1. Product is no longer available in the desired type or quantity;
    2. the Customer offers to purchase a different type or quantity of Products to those specified in the Quotation; or
    3. to reflect a fluctuation in the value of the AUD from the date of the Quotation.
  5. Once an order has been accepted by Petra, the order may not be cancelled by the Customer except with the written consent of Petra.

Supply of Product

  1. Petra agrees to supply, and the Customer agrees to purchase, the Product subject to the Contract and these Terms.
  2. These Terms apply to sales of both Retail Product and Wholesale Product from Petra to the Customer.

Payment

  1. Unless the Quotation provides otherwise, or the Customer has been otherwise notified by Petra in writing:
    1. the Customer must pay a non-refundable deposit equivalent to 50% of the total purchase price listed in the Invoice; and
    2. the balance of the purchase price must be paid by the Customer:
      1. within 14 days after Petra has notified the Customer that it has taken delivery of the Product; and
      2. before collection of the Product by the Customer.
  2. Any additional Product or item of work requested by the Customer that is not referred to or is not included in the Quotation does not form part of the Contract and the Customer will incur additional charges for the provision of such Product or item of work.
  3. If the Customer fails to make any payment under the Contract on time, Petra may charge the Customer interest at the rate charged pursuant to the Civil Procedure Act 2005 (NSW) as set out in Part 36 Rule 7 of the Uniform Civil Procedure Rules 2005 (NSW).
  4. The Customer indemnifies Petra against any costs, loss or damage or liability incurred by or on behalf of Petra in connection with the recovery or collection of any outstanding money from the Customer.
  5. The Customer acknowledges that any special offer, discount, or deal which may be included in the Contract, is the only discount that applies to the Contract and that all other offers including any future offers will not apply to the Contract.
  6. Payment must be made in full before collection of the Product from our Factory. Petra will not release the Product to the Customer until cleared funds have been received.

GST

  1. Unless any other clause in these Terms or the Contract states otherwise, the recipient of a supply pursuant to, or arising as a result of the Contract agrees that:
    1. consideration for such supply is exclusive of GST;
    2. the recipient will pay the amount of GST to the supplier at the same time as the consideration is payable subject to the receipt of a tax invoice;
    3. the recipient indemnifies the supplier in respect of the supplier’s liability for GST; and
    4. this clause will survive the completion of the transaction or termination of the Contract.
  2. In addition to GST, the Customer must pay all other taxes, duties, levies, tariffs or other governmental charges payable in relation to the sale, use or possession of the Products.

The Product

  1. The Customer acknowledges and agrees that:
    1. the Product is natural stone and is subject to variations in colour, pattern and shade and may also contain variations in pattern, minor inclusions, pitting and other slight variations or inconsistencies;
    2. natural stone:
      1. includes veining, fissures, and mineral inclusions that vary from slab to slab. These are not considered defects, but they can lead to unpredictable behaviour during fabrication, such as cracking or chipping along weak points;
      2. can be brittle or contain internal weaknesses, making it susceptible to damage during cutting, polishing, or transport – even under expert handling;
      3. after installation, is vulnerable to:
        1. etching from acidic substances;
        2. staining from oils, liquids, or pigments;
        3. scratching from abrasives or impact,

        and these are considered normal wear and tear;

      4. can be affected by humidity, temperature changes, building movement, or improper maintenance, which can cause cracking, discoloration, or other changes over time. These are outside the control of Petra;
    3. the Customer will not object to any Product or make any claim as a result of any of the following: fissure, craze marks, use of resin fill, usage of patches and reinforcement techniques, breaks, chips, open veins (which may split open), pitting, lipping, and irregularity of thickness;
    4. no two natural stone slabs are the same and Petra makes no guarantee that any samples or images provided will match the final Product;
    5. the size of the Product stated in the Quotation is an approximation only and is subject to final block selection;
    6. lead times may vary, subject to the availability of the Product at the time of order. Customers are encouraged to consult with a Petra representative for an indication of current lead times. Whilst Petra makes reasonable endeavours to ensure that Products arrive within estimated lead times, Petra is not liable for any shipping delays beyond its control;
    7. no Products will be sealed unless expressly stated in the Quotation; and
    8. to the extent permitted by law, no warranty is provided on natural stone products.

Collection of Products

  1. To the extent permitted by law, by collecting the Product from the Factory, the Customer is deemed to have accepted the Product as being in the condition described in the order and suitable for the Customer’s intended use.
  2. All Products must be collected from the Factory within 90 after the date of the Invoice. If any Product is not collected within this time frame, the Customer must pay to Petra a storage fee of $100 per slab per month.
  3. At the Customer’s request, Petra may assist the Customer to arrange delivery by a third-party. Any such arrangement is made on behalf of the Customer and at the Customer’s sole cost and risk.
  4. If a third-party collects the Product from the Factory on the Customer’s behalf, collection by the third-party will be deemed to be collection by the Customer.
  5. Petra accepts no responsibility for the safe collection and transport of the Product from the Factory to the Customer.

Risk and Title

  1. Title to the Products passes to the Customer when the Customer pays to Petra the full amount of the Invoice for the Products.
  2. Risk of loss or damage to the Product passes to the Customer upon collection from the Factory, regardless of whether the Customer or a third-party collects the Product.
  3. Once risk has passed, Petra is not responsible for any loss, damage, or other issue affecting the Product.

Cutting and Fabrication

  1. The Customer may:
    1. purchase the Product in its uncut form and engage its own fabricator to cut the Product; or
    2. engage us to perform cutting or fabrication services under a separate agreement.
  2. Where the Customer elects to engage its own fabricator in accordance with clause 9.1(a), Petra accepts no liability for any damage to the Product or other issues arising from their collection, handling, cutting, or installation of the Product.

Limitation of Liability

  1. Petra accepts no liability for any defect, damage, colour variation, or other issue that arises:
    1. as a result of the Product being natural stone;
    2. any defect identified after collection of the Product from the Factory; or
    3. any damage to the Product caused during or after Collection of the Product including in any third-party fabrication of the Product.
  2. If any Product supplied under the Contract is supplied to the Customer as a “consumer” of goods or services within the meaning of the ACL (as amended) or relevant state legislation, the Customer will have the benefit of certain non-excludable rights and remedies in respect of the goods or services. Nothing in the Contract excludes, restricts, or modifies any condition, warranty, right, or remedy which, pursuant to the ACL or similar legislation, is so conferred.
  3. Subject to clause 10.2, to the fullest extent permitted by law, Petra limits its liability to (at its discretion):
    1. replacing the goods or supplying equivalent goods;
    2. the cost of repair of the goods; or
    3. the cost of having the goods repaired or replaced.
  4. Subject to clause 10.2, Petra is not liable for default or failure in performance of its obligations pursuant to the Contract resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Petra.
  5. The Customer indemnifies Petra from and against a claim for any loss directly or indirectly arising in connection with:
    1. damage to the Product caused after collection of the Product from the Factory; or
    2. cancellation of an order for a Product other than in accordance with clause 2.5.

Returns, Refunds and exchanges

  1. Nothing in this clause 11 excludes, restricts or modifies any rights or remedies available to the Customer under the ACL.
  2. Where a Customer had paid an Invoice in full but the Product has not yet been collected from our Factory, if the Customer decides not to proceed with the purchase they may request a refund of the balance of the purchase price referred to in clause 4.1(b) within 7 days of having made such payment. For the avoidance of doubt, the Customer will not be entitled to a refund of the non-refundable deposit referred to in clause 4.1(a).

Retail Products

  1. Returns or exchanges of Retail Products are permitted only where required under the ACL, including where there has been a major failure with the Product or the Product is not of acceptable quality, not fit for purpose, or does not match the description provided. In such cases, the Customer may be entitled to a replacement, repair or refund in accordance with the ACL.
  2. To initiate a return or exchange of a Retail Product, the Customer must notify Petra within a reasonable time of discovering the issue and provide proof of purchase. Petra reserves the right to inspect the Product to determine the appropriate remedy under the ACL.

Wholesale Products

  1. No returns or exchanges are permitted of Wholesale Products before or after collection of the Product from our Factory.

General

  1. In these Terms and any Quotation or Contract, unless the context otherwise requires:
    1. the singular includes the plural and vice versa;
    2. a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental body or agency;
    3. a statute or regulation includes any amendment, replacement or re-enactment of that statute or regulation;
    4. a reference to dollars is to Australian Dollars;
    5. “including” and similar expressions are not words of limitation;
    6. no provision will be construed adversely to a party solely on the ground that the party was responsible for the preparation of the provision;
    7. headings are for convenience only and do not form part of these terms and conditions or affect their interpretation; and
    8. references to a party or parties are references to Petra and/or the Customer.

Definitions

  1. The following definitions apply to these terms and conditions unless the context requires otherwise:
  • ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
  • Business Day means a day that is not a Saturday, Sunday or a public holiday in Sydney, New South Wales.
  • Contract means:
    1. these Terms;
    2. the Quotation if it is approved by Customer and then accepted by Petra in accordance with these Terms;
    3. any amendment to the Quotation notified to the Customer by Petra pursuant to the process set out in these Terms;
    4. any drawings, plans and specifications supplied by Petra or approved by Petra; and
    5. the Invoice.
  • Customer means the person or entity purchasing the Product from Petra.
  • Factory means our premises located at 37A-41 Bryant St, Padstow NSW 2211.
  • Invoice has the meaning given to it in clause 2.2.
  • Petra means St George Cabinets Pty Ltd (ACN 001 840 320) trading as Petra by Form-rite Co.
  • Product means a Retail Product or Wholesale Product, as the context requires.
  • Quotation means a Quotation by Petra for the sale of Products to the Customer.
  • Retail Product means a marble slab, whether cut or uncut, to be supplied by Petra to the Customer for personal, domestic or household use or consumption, and not for the purpose of re-supply or use in trade or commerce.
  • Terms means these terms and conditions.
  • Wholesale Product means a marble slab, whether cut or uncut, to be supplied by Petra to the Customer for the purpose of re-supply, incorporation into goods or services for re-supply, or use in connection with the Customer’s business, and not for personal, domestic or household use or consumption.