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Terms & Conditions - Realstonenz Ltd

1) Realstonenz Limited herein after referred to as "

The Company".

2) This document constitutes the entire agreement between the Company and

the customer here in after the "Customer". The terms stated herein

supersede all prior communication between the parties including oral and

written communications.

3) The customer agrees that no property in any goods shall pass to the

customer until the total price is paid. It is agreed that the risk

shall pass to the customer upon

delivery of the goods to the customer at the place nominated by the

Customer. In the case of default in payment by the purchaser, either in

whole or in part or in the event of termination of any contract, or the

Customer going into liquidation or filing for bankruptcy or making a

composition under part X of the Bankruptcy Act the Company shall (without

prejudice to any of its other rights) have the right to retake Possession

of, retain, and/or re-sell any goods supplied by it. Additionally the

Company and its' servants, agents or distributors may enter onto any

premises where the materials are situated for the purpose of re-taking

possession of those goods supplied.

4) The customer agrees that they may forfeit any deposit paid by them if

the customer cancels this order and that such forfeiture shall not

prejudice the Company rights to sue the customer for any breach of this

agreement.

5) In the event that the customer fails to pay the balance of the total

price of the goods within 7 days of delivery of the goods to the customer,

the customer agrees to pay interest on the outstanding amount at a rate of

14% per annum from the date of delivery of the goods. The customer

furthermore agrees to pay all costs whatsoever incurred by the Company in

the course of collection of the debt.

6) All products are natural or reconstituted stone, variations in shade

and colour must be anticipated. If there is any doubt relating to the

colour or durability of the product, the purchaser should contact the

Company for information prior to the goods being fixed. In any event the

Company will not be liable for any claim whatsoever arising from or in

relation to the goods once they have been fixed into place.

The Company does not warrant the quality or suitability for use of any

product, apart from those warranties provided by the manufacturer. Any

information or advice provided by employees of the Company is given in

good faith, and the Company is not liable for any direct or consequential

loss or damage arising from the use by the purchaser of any product. The

purchaser accepts that all hand made products and natural stone carry no

warranties whatsoever.

7) No claim will be recognized after the products are laid. We recommend that

a qualified person shall lay products.

8) Claims for damaged or faulty product are to be submitted within 7 days

of delivery or before laying, if within 7 days of delivery.

9) a). The Company will use its best endeavors to meet arrival and

availability dates as advised to it, but it is not and will not be

responsible for any delay due to causes beyond its control including (but

not limited) its manufacturing, shipping or delivery delays, strikes,

forces majeure and acts of god.

b). The Company has the right to cancel any order which it can not fulfill

for any reason out of its control including but not limited to the

unavailability of the product, prolonged delays in manufacturing & the

bankruptcy, liquidation or insolvency or any person or corporation and

transportation and delivery disruption.

10) The Company reserves the right to refuse cancellation of any order, if

the goods ordered are already enroute from the manufacturer or have

already been ordered by the Company from its supplier or are already held

by the Company.

11) Size and weights quoted are approximates only, as due to the inherent

nature of natural stones variations during processing cannot be avoided.

The Company may not be liable for any variation in size and weight of

goods where such variation falls within accepted industry standards.

12) Where the Company engages a carrier to deliver goods to the customer,

the point of delivery will be adjacent to the kerb immediately in front of

nominated address. The customer is responsible for providing sufficient

space to take delivery, if insufficient space is available please advise

the Company. If a Hiab truck is required it will be at the customers expense.

13) The company takes no responsibility for the accuracy of any dimensions

or measurements furnished to it by purchases (or any person on their

behalf including any servant, agent or distributor of the Company in

respect of the areas and surfaces upon which its product will be laid or

fixed. The Company gives no warranty as to the adequacy or sufficiency of

specific quantities of such products as ordered by or on behalf of the

purchasers for such areas and surfaces.

14) Returns will only be accepted, at the discretion of the Company, as

complete pallet lots, freight is the responsibility of the customer and a

20% handling fee will be charged.

15) NO credit will be given for product that is discontinued by the

manufacturer, or no longer stocked by us, nor on products that have been

specifically manufactured to client design and specification.

16) The Company is not liable to the customer, it's servants, agents,

contractors or distributors for any direct, indirect, incidental or

consequential damages of any nature howsoever caused (whether based on

tort or contract or otherwise) including but not limited to the loss of

profits, loss of production, loss of sales opportunity of business

reputation, direct or indirect labour costs and overhead expenses and

damage to equipment or property or any other claim whatsoever arising

directly or indirectly out of or in any attributable or incidental to the

execution and performance of this document. The customer shall as separate

and distinct obligation indemnify us and our servants and agents and at

all times keep them indemnified against all actions proceedings and claims

whatsoever brought against them in relation to any injury, loss of life or

damage to any property or financial or other consequential loss for and in

respect of any loss injury expense or damage howsoever caused or arising

from any cause whatsoever arising directly or indirectly out of or in any

way attributable or incidental to the execution and performance of this

document.