01Acceptance of Quotation
This quotation is valid for thirty (30) days from the date of issue unless withdrawn earlier by Forum Stoneworks.
Acceptance of this quotation, whether in writing, by purchase order, payment of deposit, or instruction to proceed, constitutes acceptance of these Terms & Conditions.
02Pricing
All prices are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.
Prices are based on the scope, quantities, specifications, dimensions, finishes, packaging, and delivery requirements provided at the time of quotation.
Any variation to the scope of supply may result in a revised quotation.
03Natural Stone Characteristics
The Client acknowledges that natural stone is a product of nature and may contain inherent variations including but not limited to:
- Colour variations
- Veining patterns
- Surface texture
- Density variations
- Shade differences
- Fossils, pits and natural markings
Samples, photographs, mock-ups and displays are indicative only and are not guaranteed to represent the exact appearance of supplied materials.
Such natural characteristics shall not constitute defects and shall not be grounds for rejection, replacement or refund.
04Shop Drawings and Approvals
Where applicable, the Client shall review and approve all shop drawings, dimensions, stone layouts, finishes and fabrication details prior to production.
Forum Stoneworks shall not be responsible for errors, delays, omissions or additional costs arising from incorrect information, measurements or approvals supplied by the Client.
05Lead Times
Lead times are provided in good faith and are estimates only.
Lead times may be affected by factors including:
- Material availability
- Factory production schedules
- Shipping schedules
- Customs clearance processes
- Weather conditions
- Labour shortages or industrial action
- Events beyond Forum Stoneworks' reasonable control
Forum Stoneworks shall not be liable for delays arising from any such circumstances.
06Delivery
Delivery dates are estimates only and are not guaranteed.
Risk in the goods passes to the Client upon delivery to the nominated delivery location or collection point.
The Client shall provide suitable access, unloading facilities and labour where required.
Additional costs associated with waiting time, restricted access, craneage, forklift requirements, site delays or re-delivery shall be payable by the Client.
07Inspection and Claims
The Client must inspect all goods immediately upon delivery.
Any claim relating to shortages, transit damage or visible defects must be submitted in writing within:
- Forty-eight (48) hours of delivery for shortages or transport damage; and
- Seven (7) days of delivery for manufacturing defects.
Failure to provide written notice within these periods shall constitute acceptance of the goods.
08Storage, Handling and Installation
The Client is responsible for the proper storage, handling, protection and installation of all supplied materials.
Forum Stoneworks accepts no responsibility for damage arising from:
- Improper storage
- Mishandling
- Incorrect installation
- Inappropriate cleaning products
- Failure to seal or maintain stone surfaces
- Misuse after delivery
09Payment Terms
Unless otherwise agreed in writing:
- 50% Deposit payable upon acceptance of quotation.
- Remaining balance payable prior to dispatch of goods.
Forum Stoneworks reserves the right to suspend production, delivery or release of goods until payment has been received in full.
Interest may be charged on overdue accounts at a rate of 10% per annum calculated daily.
The Client shall be responsible for all reasonable costs incurred in recovering overdue amounts.
10Retention of Title
Ownership of all goods supplied by Forum Stoneworks remains with Forum Stoneworks until payment has been received in full.
Until title passes, Forum Stoneworks reserves the right to enter premises where the goods are stored and recover such goods where payment remains outstanding.
11Variations
Any variation requested after acceptance of the quotation may result in:
- Additional costs
- Revised lead times
- Additional freight or delivery charges
All variations must be approved in writing before implementation.
12Limitation of Liability
To the maximum extent permitted by law, Forum Stoneworks' liability shall be limited to one of the following remedies at its discretion:
- Repair of the goods;
- Replacement of the goods; or
- Refund of the purchase price paid for the affected goods.
Forum Stoneworks shall not be liable for any indirect, consequential, special or economic loss including but not limited to:
- Loss of profit
- Loss of revenue
- Delay costs
- Liquidated damages
- Business interruption
13Force Majeure
Forum Stoneworks shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to:
- Natural disasters
- Floods or storms
- Shipping disruptions
- Government actions
- Customs delays
- Labour shortages
- Pandemics or health emergencies
- Supplier or manufacturer disruptions
14Cancellation
Orders cancelled after acceptance may be subject to cancellation fees covering costs already incurred, including procurement, fabrication, administration, shipping and storage.
Deposits paid are non-refundable once material procurement or fabrication has commenced.
15Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia.
Any dispute arising from these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of New South Wales.
16Imported Material Price Adjustment
Where imported materials are supplied, Forum Stoneworks reserves the right to adjust pricing where significant increases occur in:
- International freight costs
- Customs duties or government charges
- Currency exchange rates exceeding ±5% from the date of quotation
Any adjustment shall be supported by reasonable evidence and communicated to the Client prior to delivery.