In these Terms and Conditions, Company means IPC Granite PTY LTD (referred to here on in as IPC) and the Purchaser means the Purchaser whose order for the purchase of goods is accepted by the Company IPC
Any quotation made by the company is not an offer to sell or to provide services and no order given in pursuance of any quotation shall bind the Company until accepted by it in writing or by the commencement of the supply or provision of services. Quotations are valid for 30 calendar days from the date of issue of the quote. Any extension of the terms of the quote beyond 30 calendar days is at the sole discretion of IPC.
2. ACCEPTANCE OF BUYERS ORDER
Acceptance of quotations can only be made by payment of the nominated deposit to IPC.
When drawings have been supplied by IPC, the purchaser is required to supply IPC a signed set of drawings before the order is accepted. If no signed drawing is received with deposit funds, IPC will deem the final drawings supplied by IPC to be the purchasers order.
Unless otherwise agreed in writing all orders are subject to acceptance by the Company within 30 days of receipt by the Company of the Purchaser’s order and these terms and conditions will be deemed to be incorporated in any agreement between the Company and the Purchaser. Any terms and conditions contained in the order offer acceptance or other document of the Purchaser and, subject to the provisions of the Trade Practices Act, all representations statements terms conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
Notwithstanding that IPC may have agreed to supply Goods on credit to a Purchaser such arrangements shall, without prejudice to IPC’s other rights be terminable on the given date by IPC to the Purchaser for fourteen (14) days notice which such notice may be given at IPC’s sole discretion and at any time.
Credit arrangements shall be subject to limits set from time to time by IPC, and the Purchaser acknowledges that IPC may without any notice period reduce the amount of or terminate any credit account or limit given to any Purchaser.
IPC shall use reasonable endeavours to fill orders accepted by it but shall in no event be liable or responsible to the Purchaser or any of its Purchaser’s for any failure or inability to supply Goods ordered by the Purchaser.
IPC reserves the right to withdraw any Goods or any ranges of Goods from sale from time to time notwithstanding that such Goods may be displayed in lists of Goods available for purchase.
3. CANCELLATION OF ORDERS
Once placed, no order may be cancelled by the Purchaser except in writing and then and then only with the prior written consent of the Company.
Refunds of any deposit paid by the purchaser remain at the sole discretion of IPC. A cancellation fee of $250 may be charged.
While descriptions of the equipment or services and brochures accompanying any quotations are as accurate as possible, we reserve the right to supply the Products and or services with such modifications and specification at the company’s discretion.
Unless stated otherwise on an IPC quotation, all prices quoted will be valid for 30days only from the date of the quotation.
Unless we state in writing to the contrary the price does not include GST, Sales tax, or other tax or duty.
6. NATURAL STONE
The Client will have a direct warrantee from the stone supplier.
IPC will quote, arrange for supply & installation of the Stone.
The Client will have a direct warrantee from the stone supplier, with IPC assisting in any post installations claims
7. PAYMENT TERMS
Payment Terms and progress payments shall be as per the IPC quotations.
50% Deposit on ordering
50% on or before delivery
Payment Terms are COD, the date the goods are delivered, to approved Purchasers only. Payment means that the payment is received by IPC in its nominated bank account, by either; direct funds transfer, or Cheque.
If any payment is not made by the Purchaser to IPC on the due date thereof:
a) the Purchaser shall, without prejudice to IPC’s other rights, pay IPC a default charge at the rate of two per cent (2%) per month or part thereof from the due date for payment until the date payment is made;
b) IPC reserves the right, and without prejudice to its other rights hereunder and at law, to cancel orders or to suspend deliveries of other Goods until such payment has been made; and
c) all moneys owing to IPC including all monies owing to IPC for Goods sold shall become immediately due and payable and the Purchaser shall indemnify IPC against all costs (including Solicitor and own client costs, commercial agents, commissions, freight, surcharges, fees, insurances, accounting costs, loss of profit and all interest) incurred by IPC as a result of such default and the action taken by IPC in respect of the same.
The Company may deliver the goods by instalments or partial shipments and the Purchaser will accept each delivery. Special delivery requirements of goods shall not be a condition or of the essence of the contract. The Company shall not be under any liability for direct or consequential loss or damage to the Purchaser arising from delay or postponement of delivery.
The Company shall have the sole and absolute discretion as to the choice of carrier and method of carriage of the goods. Should the purchaser nominate their own IPC reserves the right to make deliveries of orders of the goods by instalments and the Purchaser shall pay for each instalment. A delay in the delivery of an instalment shall not relieve the Purchaser of its obligations to accept remaining deliveries.
In the event that the Purchaser alleges that any of the Goods have not been delivered as ordered it shall give written notification of such alleged non-delivery to IPC at its address specified in clause 10 hereof: Within seven (7) days of the date of delivery relating to those Goods; With a full description in writing of the alleged non-delivery; and
a) At the cost thereof of the Purchaser.
In the event the Purchaser delays or post pones or causes in anyway the delivery of a completed order, IPC reserve the right to seek payment as per Clause 7 that the order has been delivered. Goods will be held for 30 days; thereafter they will be delivered to the Purchasers’ site. Storage fees calculated at the discretion of IPC may be charged after 30days from the nominated delivery date set out on the IPC Invoice.
Goods supplied by the Company to the Purchaser shall have the benefit of any Warranty given by the Stone Manufacturer, however, subject to the Trade Practices Act; the Company shall not be liable for any damage direct, or consequential arising out of any defects. All other Conditions hereby expressly negated so far as they lawfully can be.
10. CLAIM AND RETURN POLICY
The Purchaser shall be responsible for inspecting the goods immediately upon delivery to ensure that the goods are those ordered by the Purchaser. The Purchaser’s responsibility shall not in any way be diminished or extinguished in the case of Goods which are delivered to a third party at the direction of the Purchaser.
All claims must be submitted in writing within 7 days of receipt of goods/installation.
11. TITLE & RISK
The Purchaser acknowledges and warrants to IPC that the Purchaser is not insolvent and being a natural person has not committed an act of bankruptcy or made an arrangement with his creditors or being a company knows of no circumstances which would entitle any debenture holder or secured creditor, or any other party, to appoint a receiver, to petition for winding up of the Purchaser or apply for the appointment of a manager or administrator or exercise any other rights over or against the Purchaser’s assets. The Purchaser will immediately notify IPC if it becomes aware of any such circumstances. The Purchaser acknowledges that these Terms and Conditions constitute an agreement to supply Goods to the Purchaser upon the Terms and Conditions herein set out and are not an unconditional sale of Goods to the Purchaser or until the Purchaser sells the goods to a third party or until the Goods are incorporated into end products and are not severable there from. The Purchaser acknowledges and agrees that no title to the Goods shall pass to the Purchaser by reason of the delivery of the Goods or the acceptance by IPC of the Purchaser’s request to supply the Goods, although risk shall pass to the Purchaser on the delivery of the Goods. It is a condition of these Terms and Conditions that IPC shall remain the sole and absolute owner of the goods until such time as the agreed price of the Goods the subject of this supply contract, and all other Goods supplied by IPC to the Purchaser and all debts owing by the Purchaser to IPC shall have been paid in full to IPC by the Purchaser. Until such time as payment in full has been made for the Goods and all debts, the Purchaser shall be the ballee of all of the Goods for IPC and shall store them upon its premises separately from its own Goods or those of any other person in a manner which makes them readily identifiable as the Goods of IPC.
The Purchaser’s right to possession of the Goods in which IPC retains title shall cease at whichever is the earliest of the following dates:
a) Upon the expiration of time given by IPC for payment in full of the Goods;
b) if the Purchaser being a natural person commits an act of bankruptcy or compounds or makes an arrangement with his creditors, or any of them, or if any execution or distress is levied upon the Goods of the Purchaser,
c) If the Purchaser being a company is wound up, either compulsory or voluntary, or a receiver and manager appointed over the whole or a material part of its assets or an administrator is appointed or the Purchaser reaches any composition or arrangement with its creditors.
Upon the cessation of the Purchaser’s right to possession of the Goods in which IPC retains title, IPC or its agents may for the purpose of recovery of the Goods enter upon any premises where the goods are stored or where they are reasonably thought to be stored and may repossess the same and the Purchaser shall assist and indemnify IPC in relation to such recovery.
At any time prior to payment in full for all Goods supplied if the Purchaser sells on his or its own account, the Purchaser shall sell as agent and ballee of IPC in law and in equity and shall hold the proceeds thereof in trust for IPC and shall not mingle the proceeds with other monies and shall not pay the cheque or cash therefore into an overdrawn bank account.
In the case where a receiver, liquidator, manager or administrator is appointed to the Purchaser and at the time thereof the Purchaser shall not have received the proceeds of sale, the Purchaser or the receiver, liquidator, manager or administrator as agent for the Purchaser shall at the election of IPC assign to IPC within seven (7) days all rights against the person obliged to pay the proceeds of sale.
Goods held by IPC on behalf of the Purchaser, remain the responsibility of the purchaser. IPC accept no liability for defects of goods/appliances supplied by the Purchasers suppliers. It is the Purchasers responsibility to check all goods are to their satisfaction prior to delivery to IPC It is the Purchasers responsibility to ensure that they do not void any 3rd party warrantees, by delivering said goods/appliances to IPC.
12. FORCE MAJEURE
The Company shall not be liable for any delay or failure to perform its obligations if such failure was caused by any event for which the Company could not reasonably have exercised control.
13. CREDIT ASSESSMENT
a) If any Products are supplied to Purchaser on credit, IPC may need to disclose to a credit reporting agency certain information referred to in clause 16(c) about Purchaser when assessing Purchaser’s application for credit and managing Purchaser’s account with IPC. Purchaser authorities IPC to disclose such information to a credit reporting agency for these purposes.
b) Subject to IPC’s obligations under the Privacy Act 1988 (Cth) and other applicable laws, IPC may give the information referred to in clause 16(c) to a credit reporting agency to create or maintain a credit information file about Purchaser. Purchaser agrees that IPC may
Disclose a credit report about it to any credit provider, debt collecting agency or IPC’s insurers for the purposes of assessing Purchaser’s credit-worthiness or to collect any overdue payments (as the case may be).
c) IPC may disclose the following information relating to Purchaser in accordance with clauses 16(a) and (b):
i. Purchaser’s name and address;
ii. Credit limits on Purchaser’s accounts;
iii. The amount of any payments which are overdue for at least 60 days;
iv. Where an overdue payment has been previously reported, advice that the payment is no longer overdue;
v. Cheques or credit card payments which have been dishonoured;
vi. Information that in the opinion of IPC, Purchaser has committed a serious credit infringement; and
vii. Information that IPC has ceased to supply the Products and services to Purchaser.
d) Purchaser agrees that IPC may obtain information about Purchaser from any business which provides information about the commercial credit-worthiness of persons for the purposes of assessing Purchaser’s application to purchase the Products on credit and collecting any overdue amounts.
e) IPC may refuse to supply the Products to Purchaser on credit on the basis of IPC’s credit assessment of Purchaser.
a) Purchaser agrees to IPC collecting, using and disclosing information about Purchaser of the kind referred to in clause 16(c) for various purposes, including to:
i. assess credit worthiness as outlined in clause 16;
ii. Supply the products and services to Purchaser and the management of Purchaser’s account;
iii. Communicate with purchaser about the products and services which IPC or its partners or affiliates may provide to Purchaser;
iv. Implement these Terms and any Sales Contract; and
v. comply with relevant laws
b) IPC, at the written request of Purchaser, will:
i. provides Purchaser with access to any personal information relating to Purchaser held by IPC;
ii. correct or amend any personal information relating to Purchaser held by IPC which is inaccurate or out of date; and
iii. IPC will handle Purchaser’s personal information in accordance with relevant laws.
15. INTELLECTUAL PROPERTY
a) Purchaser acknowledges that:
i. All trademarks, copyright and other Intellectual property rights (“Intellectual Property”) embodied in or in connection with the Products/Drawings and any related documentation, parts or software are the sole property of IPC or its suppliers; and
ii. All Intellectual Property of IPC or its suppliers may only be used by Purchaser with the consent of IPC or its suppliers, during the continuance of any relevant Sales Contract; and such consent-extends only to use essential for the purposes stated in it. Any licensing of Intellectual Property rights in any software products supplied to Purchaser will immediately cease upon expiry or termination of the relevant license agreement that governs their use.
b) Purchaser will indemnify IPC against all liabilities, damages, costs and expenses which IPC may suffer or incur as a result of work done in accordance with Purchaser’s specification or as a result of the combination or use of the products with other equipment, parts or software not supplied by IPC and which results in the Infringement of any intellectual Property of any person.
a) Purchaser acknowledges that IPC has disclosed and may from time to time disclose to Purchaser certain confidential information and documentation of IPC relating to the Products, their marketing, use, maintenance and software, including technical specification (“Confidential Information”).
b) Subject to clause 12(e), Purchaser must:
i. Only use the Confidential information solely for the purposes contemplated under any relevant Sales Contract; and
ii. Not during the continuation of such Sales Contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information, other than that is required to any out such purposes.
c) If disclosure of Confidential Information to third parties is necessary. Purchaser will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as Purchaser is bound to protect NBA’s confidential Information under this clause 19.
d) Upon the expiry or termination of any relevant Sales Contract, Purchaser must cease to use and must return or destroy (as IPC may instruct) IPC’s Confidential Information in its possession or control.
e) The provisions of this clause 12 do not extend to any information which is:
i. At the time of disclosure, rightfully known to or in the possession or control of Purchaser and which is not subject to an obligation or confidentiality;
ii. Public Knowledge (otherwise than as result of a branch of this clause 19 or any other obligation or confidentiality);
iii. Approved to be disclosed by IPC; or
iv. Required to be disclosed by a government authority or by relevant laws.
a) IPC may amend these Terms at any time by giving Purchaser notice by mail, e-mail or by posting a notice on IPC’s public website. By continuing to place orders for Products, Purchaser will be deemed to have accepted the revised Terms.
b) Any provision of these Terms which is invalid or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected,
c) Purchaser may not assign or attempt to assign any of its rights and obligations under these Terms.
d) These terms are governed by the laws of the State of Queensland.
Where the Company agrees to store or hold on consignment goods on behalf of the Purchaser, all risk remains with the Purchaser. Any goods so held are to be insured for full purchase value by the Purchaser.
Where in these Terms & Conditions reference is made to the address of Ipc Granite Pty Ltd registered office is:
IPC Granite Pty Ltd
9/41-47 O’Sullivan Beach Rd
20. JURISDICTION & APPLICABLE LAW
The Terms and Conditions shall be governed and construed in accordance with the laws of the Commonwealth of Australia and in particular the State of South Australia.
The parties agree that the Courts of South Australia shall have jurisdiction to hear and determine any dispute arising hereunder.
This agreement shall not be assigned by the Purchaser whether voluntarily, involuntarily or by operation of Law without the prior consent of the Company. No such assignment by the Purchaser howsoever occurring shall relieve the assignor of its obligations hereunder.
In the event that any or part of these terms, conditions or provisions shall be determined invalid, unlawful or unenforceable to any extent such terms, conditions or provisions shall be severed from the remaining terms and conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
Disclaimer: Prices quoted do not include removal of existing bench tops, sinks and cook tops or installation of sinks and cook tops. These jobs must be arranged by customer. All prices quoted are GST Exclusive. All bench and vanity tops supplied remain the property of IPC Granite Pty Ltd until payment in full is received. In regards to Engineered Stone, colour, shading and quartz distribution may vary between samples, printed material and finished product. Marble and Granite are natural stones. As such, variations in colour, grain, structure, veining, fissures, pitting and crystal formation and distribution are to be expected and accepted. This also applies to where the stone is then joined. This will be visible as the variations in colour, grain, structure, veining, fissures, pitting and crystal formation and distribution will naturally be obvious and may at times not always align for this reason as this is out of the control of IPC Granite Pty Ltd. IPC Granite PTY LTD will endeavour to minimalise this effect, to the best of their ability. IPC Granite PTY LTD does not warrant that the variations in colour, grain, structure, veining, will match at the join for this reason and the customer accepts this as the character of the product that they have chosen to be installed. Some slabs of stone have more variation in colour, grain, structure, veining, fissures, pitting and crystal formation and distribution than other slabs in the same range. Slight variation in natural and engineered stone thickness may occur due to processing of raw materials by material supplier. Stone thickness indicated is approximate only, for this reason. All overhangs over 300mm wide to be supported as per product suppliers’ instructions and to be arranged by customer. Where joins are required, width of joins will be at IPC Granites discretion
This job will not commence until
IPC Granite Pty Ltd has agreed to accept the job,
We receive a signed acceptance of this quote,
The deposit had been paid in full, which will then form part of a contract for scope of works.
All prices are fixed for a period of thirty (30) days, after which variations may occur. Unless specified, no allowance has been made for splash-backs, aprons or under-slung basins or sinks. No production period will be allocated or reserved until a deposit has been received. All clients are to pay a 50% deposit unless approved by IPC Granite Pty Ltd. Upon payment of deposit & finalization of all details for scope of works, a production time can be confirmed. Final payment must be paid by COD on completion of works, unless agreed with by IPC Granite Pty Ltd. All title of all goods remains the property of IPC Granite Pty Ltd until such time as the invoice is paid in full. All sinks, cook tops, bowls etc are required to be on site, with full instructions, to allow template maker and installer the correct positioning of all items. Failure to do so will result in a call back fee of $150 .00 per hour and a delay in production time. Please note that granites & marble products will require us to do cut outs on site and sometimes site conditions will also require us to do cut outs on site. This will cause very fine dust to be dispersed throughout the immediate area where cutting is being done. We suggest that you have covers placed over all valuables & furnishings or put them away to protect your items, as IPC Granite Pty Ltd accepts no responsibility should your items not be covered. Once cutting has been completed IPC Granite Pty Ltd will do a general trade clean only and detailed cleaning is not our responsibility. Should this not suit your circumstance we would suggest you choose a product and design that will allow us to do cut outs in our factory. You are required to organize any electrical and plumbing requirements for disconnection of sinks, hotplates, basins etc before IPC Granite Pty Ltd turns up on site. IPC Granite Pty Ltd always recommends you use a licensed tradesman. IPC Granite Pty Ltd will only be responsible for cut outs to allow plumbers and/or electricians to fit sinks, bowls, hotplates etc. Unless stated otherwise you are responsible to remove any existing bench tops from any cabinets. Be aware that all granite, marble and limestone are natural materials which do have colour & texture variations. All natural stones are pre-sealed, but we recommend you have tops professional sealed to help in avoiding stains etching under normal bench top use. By signing the acceptance of this quote you acknowledge that you have fully read and understood all the terms and condition.