Terms and Conditions of Trade – Paversmart
1. Definitions
1.1 “ACL” means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010.
1.2 “Company” means Paversmart (ABN: [Insert ABN]), its successors, and assigns.
1.3 “Customer” means the person/s or entity buying the Goods as specified in any invoice, order, or quotation.
1.4 “Goods” means all stone, pavers, tiles, and related products or services supplied by the Company to the Customer.
2. Acceptance & Pricing
2.1 The Customer is taken to have exclusively accepted and is immediately bound by these Terms and Conditions upon placing an order or accepting Delivery of the Goods.
2.2 Quotations are valid for thirty (30) days. The Company reserves the right to change the Price in the event of a variation to the quotation or increases in international freight/exchange rates.
2.3 A non-refundable deposit of at least 30% (50% for custom or non-stocklist items) is required to allocate stock or commence production.
3. Payment & Title
3.1 Time for payment is of the essence. Full payment must be cleared prior to or upon Delivery as determined by the Company.
3.2 Ownership (Title) of the Goods shall not pass to the Customer until the Company has received payment in full.
3.3 PPSA: The Customer acknowledges that these terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (PPSA) and creates a security interest in all Goods supplied to the Customer until fully paid.
4. Delivery & Risk
4.1 Delivery times are estimates only. The Company will not be liable for any loss, damage, or contractor waiting time costs incurred by the Customer as a result of late Delivery.
4.2 Risk of damage to or loss of the Goods passes to the Customer upon Delivery to the nominated address, even if the Customer is not present at the time of drop-off.
5. Natural Variations & Imperfect Goods
5.1 Natural Product Acknowledgment: Stone is a natural product. The Customer acknowledges that Goods may exhibit variations in shade, colour, texture, porosity, and markings. These are inherent characteristics and not defects. We do not guarantee that delivered Goods will perfectly match showroom samples or website imagery.
5.2 5% Breakage Tolerance: The Company aims to ensure imperfect goods do not exceed 5% of the total order. Minor chipping or breakage within this 5% tolerance is acceptable industry practice and these pieces should be used as cuts or infills. No claims will be accepted for breakages within this tolerance.
6. Inspection & Acceptance (Once Laid Rule)
6.1 The Customer must inspect the Goods upon Delivery and notify the Company in writing within 48 hours of any evident defect, damage, or shortage in quantity.
6.2 Strict “Once Laid” Rule: All Goods must be inspected BEFORE being laid or installed. Once the Goods are laid, sealed, cut, or altered, they are deemed entirely accepted by the Customer. No warranties or claims can be made for faults, colour variation, or size discrepancies post-installation.
7. Returns, Cancellations & Restocking Fees
7.1 If the Customer cancels an order after it has been processed or placed, or wishes to return Goods due to a “change of mind”, the Company may, in its absolute discretion, accept the return/cancellation subject to a 30% handling and restocking fee (minimum charge of $150.00), plus any freight costs incurred.
7.2 Goods must be returned within 30 days, in original, unopened crates, and in a resalable condition.
7.3 Custom orders, clearance items, or non-stocklist Goods cannot be cancelled or returned under any circumstances. Leftover materials (spares/partial returns) will not be accepted.
8. Installation & Liability
8.1 The Company is a supplier only and does not provide installation services. Goods must be installed by experienced, licensed stone fixers in compliance with Australian industry practices (including blending from different pallets to ensure even colour distribution).
8.2 Except for guarantees that cannot be excluded under the ACL, all implied warranties are excluded.
8.3 To the maximum extent permitted by law, the Company’s liability is strictly limited to the replacement of the Goods, the repair of the Goods, or the refund of the Price paid. The Company shall under no circumstances be liable for indirect or consequential losses, including but not limited to demolition, removal, or re-installation costs of defective Goods.
9. General
9.1 These terms and conditions shall be governed by the laws of Victoria, Australia.
9.2 Neither party shall be liable for any default due to any act of God, war, strike, or other Force Majeure events beyond their reasonable control.

Paversmart

0391152998

info@paversmart.com.au