Terms of service

 

CONDITIONS OF CONTRACT

In the terms below the company supplying the product  is called Quarrie Stone Australia Pty Ltd (Quarrie Stone) and the other contracting party is called "the Customer". The items or any part therefore to be supplied under this contract is called "the Product".

1. It is the intention of Quarrie Stone that all terms of the agreement between the Customer and Quarrie Stone are contained in this contract. 
   
   
2. Subject to Quarrie Stone being able to contact the Customer and schedule with the Templater to visit the Customer's site address for the purpose of measurement and overall survey. 
   
   
3. Please see Template Pick-up CHECKLIST - CLICK HERE
   
   
4. If after site-measure has become apparent, that the provided measurements stated on the accepted Quote has been underpriced, Quarrie Stone will inform the Customer within 7 working days after the measurements was undertaken. Both parties will attempt to agree to 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 whereupon any monies will be refunded as per Quarrie Stone Refund Policy. 
   
   
5. Quarrie Stone may make minor modifications to the specifications without notifying the Customer where such a modifications are required as a result of Quarrie Stone Check Measurer's inspection provided that such modification do not materially affect the appearance, pricing, design and quality of the product. Quarrie Stone cannot be held responsible if the product cannot be physically measured by Quarrie Stone and the product is manufactured on measurement supplied by the Customer, their builder, architect or any other person. 
   
   
6. If for any reason beyond Quarrie Stone reasonable control, Quarrie Stone is not able to supply a particular item of product, Quarrie Stone will notify the Customer and with the Customer approval, Quarrie Stone will replace it with similar product of a similar standard and value. 
   
   
7. Quarrie Stone will only commence production of the order after Quarrie Stone has received the full progress payment and a Templater has visited the Customers site address for the purpose of measurement and overall survey. 
   
   
8. Quarrie Stone will endeavour to meet the scheduled delivery times, however, in case of unforeseen circumstances beyond Quarrie Stone control, Quarrie Stone will organise an alternative date for delivery. Quarrie Stone should not be held responsible for any unforeseen circumstances. 
   
   
9. The Customer will also do all that he/she reasonably can to enable delivery, in the case of unforeseen circumstances beyond the reasonable control of the Customer and the Customer is not able to do so then in such circumstances the Customer will contact Quarrie Stone and agree to an alternative date. In the event that the product has been manufactured the Customer may be liable for the cost of storage.
   
   
10. The builder/owner will ensure that all work area is free of obstruction and interference prior to commencement of work. In the case the delivery is made and Quarrie Stone is not able to install, there will be a return fee of $250 chargeable to the Customer as per this agreement. 
    
    
11. Upon collection of any product, the risk of any loss or damage to the product is transferred to the Customer. 
    
    
12. Any additional works not included in accepted Quote by the Customer, will require to be revised by Quarrie Stone and submitted as a Variation to the Customer for approval.
    
    
13. If the Customer fails to make any payment under this contract on time, Quarrie Stone reserves the right to reschedule measure/delivery date and time until requested payment has been received as per the accepted Quote / Payment Terms. 
14. It is acknowledged that any supply under this agreement, which is subject to any Goods and Services Tax (GST), The Customer acknowledges and agrees to Quarrie Stone passing on this tax including any other Federal or State tax imposed under this contract. 
    
    
15. The Customer must reimburse Quarrie Stone for any debt collection costs (and commissions) Quarrie Stone pays to recover, or attempt to recover any overdue payment. 
16. If the Customer cancels the contract, Quarrie Stone will refund any monies paid under the contract less all reasonable costs (material purchase, template/measurements etc), shall be deducted from the deposit that the Customer has paid to Quarrie Stone.
    
    
17. WARRANTY
    
    The product is not warranted/guaranteed until full payment has been received. 
    Quarrie Stone provides 12 months warranty from the day of delivery/installation on manufactured products. The selected Stone/Material warranty, should be referred to the Stone Supplier. 
    
    Natural Stone are by their nature, subject to variations in colour, pattern and shade. These are unique characteristics inherent in natural quartz. Engineered Stone may also contain variations in quartz chip distribution and pattern, minor inclusions, pitting and other slight variations or inconsistencies. Quarrie Stone is not able to guarantee that samples provided will exactly match the material supplied. 
    
    The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through: 
    
    

1. Failure on the part of the Customer to properly maintain any Goods; or 
   Failure on the part of the Customer to follow cleaning product instructions and/or guidelines (including but not limited to chemicals that may mark or stain if exposed); or 
   Fair wear and tear, any act of God; or 
   If the goods have been moved from where originally installed; or 
   Natural characteristics of stone (including but not limited to variations in shade, colour, texture, surface, finish, markings) as may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time; or 
   Damage or disfigurement caused by impact or scratching.  
   
   In respect of all claims Quarrie Stone shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customers claim. 
   
   All care will be taken when carrying out our work, however, no responsibility will be accepted by Quarrie Stone for any damage to completed work caused by others, or to adjoining finishes, work or property unless such damage is due to our negligence. 
   
   Liability is expressly limited to workmanship, over which Quarrie Stone has or should have direct control. Dust will be kept as minimal as practical, however, Quarrie Stone will accept no responsibility for any damage which may be caused by dust. 
   
   Quarrie Stone cannot be held responsible for any cracks caused through the movement of the flooring. Should floor movement occur and this result in cracking of the stone, Quarrie Stone cannot be held responsible. 
   
   
2. The Customer acknowledges that Quarrie Stone sources material on the Customer's behalf and that it is purchasing the service/manufacture stone component. Quarrie Stone and the Customer agree that the terms shall be governed in accordance with laws of Victoria, Australia.

OVERVIEW 

This website is operated by Quarrie Stone. Throughout the site, the terms “we”, “us” and “our” refer to Quarrie Stone. Quarrie Stone offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users on the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current webpage shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. 

We have made every effort to display as accurately as possible the colours and images that appear on our website. We cannot guarantee that your computer monitor's display of any colour will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 7 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 8 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 12 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Quarrie Stone, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Quarrie Stone and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 15 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 16 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 17 - GOVERNING LAW 
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. 

SECTION 18 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 19 - CONTACT INFORMATION 
Questions about the Terms of Service - please eMail us at: info@quarriestone.com

 

Quarrie Stone Australia Pty Ltd, 35 Allied Drive, Tullamarine VIC 3043, Australia

ABN: 91 661 372 907

Last updated: 15/08/2022