conditions of sales
1.SCOPE & VALIDITY
These general conditions of sale will always be of supplementary application to the specific conditions laid down in the quotation given to the client. Application of these will take priority, were appropriate, over the client's general conditions.
The buyer recognises that the general conditions of sale have been made available to this party prior to commencement of the commercial relations to which they apply. No variation or addition to these conditions shall be binding unless agreed in writing by the authorised representatives of the company.
These general conditions of sale apply to the accepted orders and offers issued by COSENTINO Australia PTY Ltd (hereinafter "The Company")
Excepting any other particular conditions agreed in writing with the client, the price of sale given by The Company will be the price which appears in the catalogue and the tariffs established of the price list in force at the moment of the order.
The Company reserves the right to revise prices and details periodically. The corresponding taxes must be added to these prices. The prices tendered only include the supply of products listed in the concrete order or offer, and no additional service by the The Company is included. A mere quotation by The Company does not constitute an offer and it reserves the right to withdraw or amend the same at any time prior to the The Company's acceptance of the client order.
In the event of any payment delay, The Company may recover the goods pending payment and/or commence the pertinent legal actions. Moreover in case of default of payment (either in total or in part) by the client, The Company shall have the right to cancel any outstanding order with the client without prejudice of the possible damages and interests to be claim. The Company reserves the right to charge interest at the legal rate in force per month on unpaid balances (whether before or after any judgement).
3. GUARANTEE AND DELIVERY OF THE PRODUCTS
The Company hereby guarantees the products marketed under the terms of the specific product guarantee made available to the client and which this party declares it is aware of and accepts.
The order represents a purchase undertaking for the client, and The Company hereby reserves the right to suspend or cancel these, whenever it deems the solvency guarantees supplied to be insufficient. The product delivery deadlines agreed with the client are for merely illustrative purposes at all times, and all deliveries are subject to stock availability.
The Company shall not accept any return once the client has signed the POD without prejudice of those situations regulated in other provisions of these general conditions.The client must examine the goods at the time of reception, and notify any external and apparent defect observed as expeditiously as possible in writing to the The Company.
4. PACKAGING AND TRANSPORTATION
Any packaging is not included in the prices given and will be payable by the client. The delivery will be in accordance with the INCOTERM agreed to this end.
5. QUALITY AND MEASUREMENT
The samples provided does not mean that the supply is absolutely identical in tone and marbling, given that these are products which, although they are carefully selected and prepared, may be subject to slight variations of tonality, grain and composition. Variations introduced by nature cannot be considered defects: we will not entertain any such claims.
The client may examine the product at our facilities; any claim for material defects or difference must be made by the buyer on delivery of the goods or within a deadline of eight days following reception of the same.
No claim will be accepted if the material has been used or subject to any process of transformation by the buyer.