These terms and conditions of trade relate to the supply of products by Macrostone International Pty. Ltd. t/as Macrostone (Macrostone) to its customers (You). By submitting an order to Macrostone, You indicate your acceptance of these terms and conditions of trade. Macrostone may amend these terms and conditions of trade by providing written notice to You. The amendment will take effect immediately for all new orders placed after we send to you the written notice of the amendment and for any products already supplied thirty (30) days after we send You the written notice of the amendment. 

Macrostone reserves the right to accept or decline any order from You, in its absolute and unfettered discretion. Should we choose to accept your order and the stock is at hand we will endeavour to dispatch the same to you within 7 days of receipt of the order. Where stock has not yet landed in the country, we will endeavour to dispatch the same to you within 7 days of landing and clearing customs.

All prices quoted are inclusive of GST but exclusive of delivery costs. Any quoted price is good for a period of 28 days.

Payment terms are cash on delivery unless otherwise agreed in writing before hand. Where credit is provided the terms and conditions of such credit will be as indicated on the accepted credit application. Macrostone will provide a Tax Invoice at the same time and same place as delivery of the goods. Macrostone has the right to charge interest on any overdue amounts calculated from the due date for payment until receipt of cleared funds. The interest rate payable on overdue amounts is 3% above the rate charged by Macrostone’s bankers from time to time, for a personal loan of $25,000.

All 30 day accounts are strictly 30 days from the end of the month in which the invoice is dated. All 7 and 14 day accounts are strictly from the date of the invoice date from Macro Stone.

All goods delivered by Macrostone to You under a credit arrangement remain the sole and absolute property of Macrostone as legal and equitable owner until the purchase price has been paid in full. You acknowledge that you are in possession of all the aforesaid goods as bailee for Macrostone. 

If you are a wholesaler, you agree to store the goods in your premises separately from your own goods or those of any other person or corporation and in a manner which makes them readily identifiable as Macrostone’s goods. Your right to possession of the said goods will cease if You do anything or omit to do anything which would entitle a receiver or trustee, as the case may be, to take possession of any assets which would entitle any person to present a petition to wind you up or, as the case may be, commencing bankruptcy proceedings.

Prior to payment, Macrostone or its agents may, enter upon any premises (during ordinary business hours) where those goods may be or are reasonably thought to be stored from time to time, for the purpose of examination or recovery of the goods. The entire proceeds of the sale of any goods for which payment has not been made, will be held in trust for Macrostone and must not be mingled with any other money paid into any bank account of the Applicant and must at all times be identifiable as Macrostone’s money.

Risk in the goods will pass to you immediately the goods leave our premises or the wharf. Where a courier or other third party carrier is engaged to deliver the goods to You, the courier or other third party carrier are engaged by Macrostone as your agent.

6. Returns and Credits

All shortage or defect claims must be lodged within seven (7) days of delivery of the goods to You. You may return defective goods or any goods which are not in accordance with their description and obtain a credit for the value of those goods provided as follows:-

a)               the goods are returned at your expense within seven (7) days of the product being delivered to You;

b)               that the goods returned are in the same condition as they were when delivered to You, this includes that the stone products have not been laid; and

c)      that the risk in the goods remains with you until the products are received by Macrostone and Macrostone reserves the right to charge a restocking or return fee as may be deemed appropriate by Macrostone in the circumstances.

7. Disclaimer of warranty

If the products do not accord with the samples or our description, we agree to provide You with a money back guarantee in accordance with the requirements of Clause 6. Except as otherwise agreed in writing, all other conditions and warranties implied by law in relation to any product/services supplied by Macrostone are excluded to the maximum extent permitted. Macrostone does not represent or warrant under these terms and conditions of trade that the product supplied to You will be complete or free from any and all latent or patent defects or errors. You acknowledge that the majority of products are quarried natural stone and consequently there may be such variation in colour between batches. Such variations do not constitute a defect and are therefore not covered by warranty.

8. Remedies for breach of warranty

if Macrostone breaches any express provision of these terms and conditions of trade or a conditional warranty implied under any law, which cannot be lawfully modified or excluded by these terms and conditions of trade, then Macrostone’s liability to you will, to the extent permitted by law, be limited at Macrostone’s option to one or more of the following:

(a)     in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; or (iii) payment of the cost of repairing the goods or acquiring similar goods, and

(b)     in the case of services: (i) the supplying of the services again; or (ii) the payment of the cost of having those services supplied again.

The aggregate liability of Macrostone under or relating to these terms and conditions or the supply of any goods or services, for any cause whatsoever, is limited to an amount equal to the invoices paid in the immediately preceding month. In no event, whether as a result of breach of contract, indemnity, warranty, tort (including negligence), strict liability or otherwise will Macrostone have any liability for special, incidental, consequential, punitive or indirect damages or losses whatsoever. Macrostone’s liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.

These terms and conditions will apply to the exclusion of all other terms and conditions contained in your order. In the event of any inconsistency, Macrostone will be deemed, by delivering the products to You, to have made an offer to You to sell the products pursuant to these terms and conditions which will be deemed to have been accepted by You if You retain the product in Your possession. Macrostone reserves the right to recover from You all goods and services, taxes (GST) payable in respect of the supply of the product to You. 

These terms and conditions are governed by and will be construed in accordance with the laws of the State of Queensland and the parties agree to submit the jurisdiction of the Courts of that State. The failure by Macrostone to exercise, or delay an exercise, any right power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.