Terms & Conditions
In these terms, when we say we, us, or our, we mean Richard Ellis Family Trust (ABN 67 560 551 630), and when we say you or your, we mean the person or entity named on the quote or invoice as the customer receiving the Goods. These terms apply from the date you accept the quote to which these terms are attached (together, the Quote). We and you are each a Party to this Quote, and together, the Parties.
1. Supply of Goods
1.1. In consideration of your payment of the Price set out in this Quote, we will supply the Goods specified in the Quote (Goods).
1.2. You may accept this Quote by informing us in writing, paying any part of the Price for the Goods, or by instructing us to supply the Goods in this Quote. If you do not accept this Quote within 30 days of its issue, we are not required to honour it and may issue you with an updated quote.
1.3. Once you accept a Quote, your order cannot be cancelled, and any deposit paid is non-refundable, except as required by law. We may, at our sole discretion, agree to cancel an order in exceptional circumstances, in which case we may charge a cancellation fee reflecting our reasonable estimate of the costs and losses incurred as a result of the cancellation.
1.4. We may withdraw or amend a Quote at any time before you accept it. You are responsible for reviewing all details in the Quote, including design, dimensions, material, finish, quantities and specifications of Goods, before you accept it.
1.5. Where drawings or specifications are provided for your approval, you are responsible for reviewing and approving them before production. Where drawings or specifications require your approval, production will not commence until we have received that approval.
2. Term
2.1. This Agreement commences on the date the Quote is accepted in accordance with its terms, and will terminate upon completion of our supply of Goods, as reasonably determined by us (Term).
3. Nature of Natural Materials
3.1. You acknowledge that the Goods are manufactured from natural materials, and:
(a) natural variations in colour, texture, veining and pattern are inherent characteristics and not defects;
(b) natural imperfections may exist in the Goods;
(c) natural fissures, cavities, pores and other characteristics may be filled, repaired, reinforced or otherwise treated during manufacture using methods appropriate to the material. Such treatment is a normal part of working with natural stone and does not, of itself, indicate that the Goods are defective.
(d) the Goods may not exactly match samples, displays or photographs; and
(e) subject to your rights under the Australian Consumer Law, such variations do not constitute grounds for return, replacement or refund.
4. Installation
4.1. You understand and agree that we do not provide any installation services as part of delivery. You are responsible for installation of the Goods with appropriately qualified tradespeople.
5. Custom-Made and Stock Goods
5.1. Where Goods are manufactured, modified or resized specifically for your Quote (Custom-Made Goods), you are responsible for ensuring all dimensions and specifications you supply or approve are correct. Once production has commenced, changes may not be possible, and any changes we do agree to may increase the Price or delay delivery.
5.2. Custom-Made Goods cannot be cancelled or returned for change of mind, except as required by law. If you cancel before production commences, we may deduct our reasonable costs already incurred from any amount paid.
5.3. Goods are identified as in stock or available for immediate purchase (Stock Goods) are sold in their existing condition as described in the Quote. Once delivered or collected, we do not accept returns, exchanges or refunds for change of mind.
5.4. Nothing in this clause limits your Consumer Law Rights.
6. Delivery, Title and Risk
6.1. Title in the Goods will only pass to you on the date that you pay the Price for this Quote in full. While we retain ownership of the Goods, we may register our security interest over the Goods under Australian law. You cannot grant any other person rights over the Goods until they are fully paid for, and you must assist us in protecting our ownership rights if requested.
6.2. Risk in the Goods will pass to you upon delivery or when we make the Goods available for collection. Once risk in the Goods is passed to you, you are responsible for the proper storage, care and handling of the Goods until installation, including protecting the Goods from weather, moisture and damage. Subject to your Consumer Law Rights, we are not liable for any loss, damage, staining or deterioration caused by improper storage, handling, care or maintenance after risk has passed to you, regardless of when that damage is discovered or reported.
6.3. You must pay the costs to deliver Goods (including air freight) to the agreed location, unless this Quote states otherwise. You agree that delivery timeframes are an estimate only.
6.4. Unless expressly agreed otherwise in writing, we will only deliver to the curbside of the relevant address only, and are not responsible for any unloading, unpacking or installation of the Goods. You must provide us with reasonable advance notice of any access restrictions or circumstances that may affect delivery or collection. If delivery or collection is delayed for any reason due to your acts or omissions, you are responsible for any additional freight, redelivery, handling or storage costs reasonably incurred by us.
6.5. Delivery timeframes are estimates only and may be affected by factors outside our reasonable control, including material availability, freight, customs and weather. A delay does not entitle you to cancel the Quote or claim any compensation, except as required by law.
7. Price and Payment
7.1. The Price is inclusive of GST.
7.2. Unless otherwise set out in the Quote, you agree to pay us:
(a) 50% of the Price as a deposit to secure your order; and
(b) the remainder of the Price on the earlier of 60 days from the date listed on your invoice, or when the Goods arrive at our warehouse,
using the payment method set out in your quote, or as otherwise agreed between the Parties.
7.3. Where delivery costs are charged separately, we will issue a separate invoice which must be paid before your Goods are delivered.
7.4. If any payment has not been made by the due date for payment, we may at our sole discretion:
(a) suspend production or delivery of the Goods;
(b) cancel this Quote and recover our costs from you (including debt collection costs); and/or
(c) charge interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 2% per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date.
8. Inspection and Transit Damage
8.1. If you believe the Goods are damaged, incorrect or defective, you must notify us within 1 week of receipt of the Goods, with photographs and supporting information reasonably required for us to assess the issue. Nothing in this clause limits your Consumer Law Rights.
9. Australian Consumer Law
9.1. Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Goods by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these terms excludes those Consumer Law Rights.
9.2. Subject to your Consumer Law Rights, we provide all material, work and goods (including the Goods) to you without conditions or warranties of any kind, implied or otherwise (including without limitation any implied warranties of merchantability or fitness for a particular purpose), whether in statute, at law or on any other basis, except where expressly set out in these terms.
9.3. We do not offer exchange, return or refund for change of mind. For the avoidance of doubt, this includes where you have ordered the wrong Goods, size, colour, finish or quantity.
9.4. This clause survives the fulfilment or cancellation of this Quote.
10. Liability
10.1. Except where not permitted by law (including under the Australian Consumer Law):
(a) we exclude all implied conditions and warranties;
(b)our total liability to you is limited to the Price, which you paid for the Goods;
(c)neither Party is liable for any Consequential Loss;
(d)if you are acquiring the Goods for commercial use, then we have the right to choose whether you receive a repair, replacement, or refund, in the event the Goods are found to be defective; and
(e) we are not liable for any loss or damage arising from the installation or use of the Goods.
10.2. Each Party's liability will be reduced if the other Party caused or contributed to the loss, including by failing to minimise their losses.
10.3. This clause survives the fulfilment or cancellation of this Quote.
11. Variation and Termination
11.1. All variations to the Goods must be agreed in writing and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed.
11.2. This Quote will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of this Quote and that breach has not been remedied within 10 days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party goes bankrupt, insolvent or is otherwise unable to pay its debts as they fall due.
11.3. Upon cancellation or termination of this Quote, you must immediately pay all amounts owing and return any goods not paid for.
12. General
12.1 Confidentiality: Each Party must keep confidential all information received from the other Party, and must ensure their staff do the same, except where disclosure is required by law or to professional advisers for advice, provided the adviser also maintains confidentiality.
12.2. Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under this Quote to the extent caused by an event outside that Party’s reasonable control, including natural disaster, pandemic, war, industrial action, government restrictions, or delays affecting materials, freight, customs or carriers (Force Majeure Event). Delivery and production timeframes are estimates only, and a delay caused by a Force Majeure Event does not entitle you to cancel, withhold payment or claim compensation, except as required by law. If a Force Majeure Event continues for more than 60 days, either Party may terminate this Quote by providing the other Party written notice, and we will refund any amount paid for Goods not yet delivered, less our reasonable costs already incurred.
12.3. Governing Law: This Agreement is governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Parties agree that the U.N. Convention on Contracts for the Sale of International Goods is excluded from application to this Quote.
12.4. Intellectual Property: All Intellectual Property Rights in any designs, drawings, specifications or other materials we create remain our property. You must not reproduce, copy, or provide any of our Intellectual Property to a third party.
12.5. Subcontracting: We may subcontract the supply of any part of the Goods without your prior written consent. We agree that any subcontracting does not discharge us from any liability under this Quote and that we are liable for the acts and omissions of our subcontractor.
13. Definitions
Agreement means these terms and conditions and any agreed Quote issued under it and any documents attached to, or referred to in, each of them.
Consequential Loss means any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of reputation, or loss of data.
Goods means the goods to be supplied under this Quote.
Intellectual Property means all intellectual property rights including copyright, designs, patents, trade marks, trade secrets, know-how, and confidential information, whether registered or unregistered.
Price means the price for the Goods as set out in the Quote.
Quote means the quote for the supply of Goods to which these terms and conditions are attached.