Terms and Conditions

TERMS AND CONDITIONS OF SALE
INTEGRITY PTY LTD
QUALITY EXTERIORS PAVING & LANDSCAPING
(effective from 1st October 2019)

1. Terms:

1.1. Each sale of Goods or services is made upon and subject to these Terms and Conditions.

2. Definitions

2.1. “Customer” means the person, trust, partnership or company to whom the invoice is submitted, and if more than one, jointly and severally.

2.2. “Goods” means goods supplied by the Seller to the Customer (and where the context so permits shall include any supply of Services or

hereinafter defined).

2.3. “PPS Regulations” means the Personal Property Securities Regulations 2010 (Cth).

2.4. “PPSA” means the Personal Property Securities Act 2009 (Cth).

2.5. “PPS Law” means:

a) the PPSA and any regulation made at any time under the PPSA, including the PPS Regulations (each as amended from time to time);

and

b) any amendment made at any time to any other legislation as a consequence of a law or regulation.

2.6. “Price” means the cost of the Goods as agreed between the Seller and the Customer subject to clause 5 of this contract.

2.7. “Seller” means Integrity Pty Ltd Trading as Quality Exteriors ABN 42 009 635 714 and its successors and assigns.

2.8. “Services” means all services supplied by the Seller to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined).

2.9. “Terms and Conditions” means these terms and conditions of sale.

3. Acceptance

3.1. Acceptance of these Terms and Conditions is deemed to occur when the Customer orders Goods and Services from the Seller.

3.2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

3.3. Upon acceptance of these Terms and Conditions by the Customer the Terms and Conditions are irrevocable and can be rescinded only in accordance with these Terms and Conditions or with the written consent of the manager of the Seller.

3.4. None of the Seller’s agents or representatives are authorized to make any representations, statements, conditions, or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorized statements.

4. Goods

4.1. The Goods are as described on the invoices and quotation as provided by the Seller to the Customer.

5. Price and Payment:

5.1. The prices charged are based on the price list published by the Seller.

5.2. The Price shall be as indicated on invoices provided by the Seller to the Customer in respect of Goods supplied.

5.3. Prices are subject to change without notice.

5.4. Prices do not include delivery to your site costs unless otherwise specifically stated and charged on your invoice. The charge for delivery of Goods to site shall be at the Seller’s ruling rate of cartage at the date of delivery. Urgent deliveries will attract a further surcharge.

5.5. At the Seller’s sole discretion a deposit may be required for certain items such as paving items or if stock is limited. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and / or Services and shall become immediately due and payable.

5.6. Payment is required in full prior to collection or delivery of the Goods and / or Services unless credit arrangements have been made strictly in accordance with the Seller’s credit policy.

5.7. Payment will be made by:

(a) Direct Deposit. ANZ Bank, BSB 015-883 Account 317661835. Goods released upon receipt of payment advice. Please email bank receipt.

(d) Cash.

6. Ordering:

6.1. It is the responsibility of the Customer to ensure that sufficient Goods are purchased to complete the Customer’s job. The Seller cannot guarantee future supply of any product or specific batches of a product.

6.2. Where the Seller provides an estimate, the Customer must satisfy itself of its accuracy (this can be obtained by a certified installer).

7. Colour and Characteristics:

7.1. The Customer acknowledges that variations in the colour and texture of the Goods will occur from batch to batch and are beyond the control of the Seller.

All Goods must be inspected for any damage and approved prior to laying as claims cannot be accepted or liability admitted once products have been installed.

7.2. The Seller accepts no responsibility for variations in colour between Goods supplied under different orders or where Goods are delivered separately at the request of the Customer.

7.3. The seller does not accept change of mind for variation in natural stone due to variations from display samples. Display samples are indicative only.

7.4 The seller does not accept liability for installation related or site related issues, such as discolouration or deterioration due to environmental factors including other products the installer may use as part of your intsall.

8. Delivery of Goods and / or Services:

8.1. Delivery of the Goods can be made to the Customer’s address upon arrangement. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Customer at the Seller’s address.

8.2. Delivery of the Goods to a carrier, either named by the Customer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Customer, is deemed to be a delivery of the Goods to the Customer.

8.3. The Seller may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule).

9. Sealing and Maintenance

9.1 Sealing of Paving and Natural Stone Goods are recommended for the maintenance and long-term care of products. Quality Exteriors have a recommended range with instructions on DIY sealing and cleaning. Quality Exteriors do not accept liability or responsibility for any other sealing or cleaning products that may be used and not recommended.

9.2 Depending on traffic volume, UV exposure, weather conditions, rainwater control from dripping off a home’s roofline or gutter drip line, pool cage railings dripping, garden hose spigots, downspouts pouring directly on the surface & many other surrounding environmental or natural factors can contribute, it is very likely that aggregate will start to show through some products. This loss of the thin top layer of the product is caused by that, and other avenues of erosion. Quality Exteriors are NOT RESPONSIBLE FOR ANY EROSION OF PRODUCTS! Those factors are out of our control.

9.3 Goods supplied to the Purchaser are not returnable. Quality Exteriors are not required to provide a refund or replacement if you change your mind. If the product has a problem and has been reported to Quality Exteriors within 48 hours from collection and prior to installation or sealing we can assist with a refund or replacement as necessary.

9.4 It is the Purchaser’s responsibility to ensure that all applicable health, safety and environment regulations are observed and other appropriate steps taken in relation to the storage, handling, transport, disposal and the use of the sealing and cleaning Goods and potential hazards and the relevant information relating to the sealing and cleaning of Goods

9.5 The Purchaser agrees to follow and abide by the instructions on the Product Data Sheet provided with the recommended sealing and cleaning products. This includes doing a test patch on the product prior to installation of the sealer or cleaner. Quality Exteriors are not liable or responsible for the quality of sealing installation. It is the sellers responsibility to follow all provided instructions.

9.6 For assistance in relation to sealing and or cleaning products, please call Chemforce nathan@chemforce.com.au Tel +61 (0)410 554 833

9.7 Sealing pavers will not stop weeds or mould. This is one of the biggest misconceptions in the paver sealing industry.

10. Efflorescence

10.1 Efflorescence is a natural process, in which a random white haze may appear on the surface of the brick, which is caused by lime or water-soluble calcium oxide that rises to the surface after repeated saturations due to rain or sprinklers. Efflorescence does not affect the integrity of the bricks and will usually resolve itself with time and exposure to the elements.” The proper sealing of concrete brick pavers can either retard or stop completely the efflorescence process due to the moisture protection achieved by the sealing process.

However, this warranty does not state or imply that efflorescence will stop as a result of the sealing process. Oftentimes, you will find areas undercover, or covered patios/entryways will usually experience efflorescence more so than areas exposed to the elements, as rainwater soaks into the brick and the sun evaporates that water, it allows the efflorescence to naturally ‘purge’ out of the individual bricks, and come to the surface, whereas brick paver surfaces that are out of the elements will retain that efflorescence for a longer period of time.
Sometimes, the introduction of water from our pressure cleaning can spark that efflorescence, and bring it to the surface. This will naturally pass on its own, and a great way to expedite that will be to soak the area down with water often, to allow that moisture to soak into the brick, and it will naturally evaporate out. Using a breathable sealer as we use, this efflorescence will have the ability to evaporate out over time.
There is no way to stop this from happening, as it happens with every cement-based product unless chemically treated during the time of manufacturing.

11. Stains

11.1 WE DO NOT GUARANTEE 100% removal of any stains on our products. Some products are Stain Resistant, and sealing can enhance these repellent properties but there are no products that are STAIN FREE. Please see our Stain Removal Recommendations and talk to us about Stain Protector products.

12. Natural Stone

12.1All natural stone products are a gift of Mother Nature. As a result, it is an inherent characteristic of all these natural formed products that there will be variations in colour, shade, pattern, veining and texture. The stone may also have pits, fissures and fragmentation which are not apparent in images, samples or in previous installations.

Natural stone is porous and the level of porosity will vary from one stone to another. Regardless the level of porosity, staining will occur especially if the stone is not sealed and protected correctly. Please ask our staff for information on sealing products suitable for your product. Quality Exteriors expressly excludes all responsibility and liability for any staining or damage caused or partially caused, or contributed to, by inadequate sealing or inappropriate sealing products/methods.

Quality Exteriors reserves the right to refuse to accept any return of product.