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Terms of service
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General
These Terms apply to all quotations, orders, invoices, and supplies of goods by State Tiles Pty Ltd (“State Tiles”, “we”, “us”, or “our”). By placing an order or accepting delivery, you (“you”, “Customer”, “Purchaser”) agree to be bound by these Terms.
Any terms provided by you are excluded unless agreed in writing by us.
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Orders and Pricing
• All prices exclude GST unless otherwise stated.
• Quotes are valid for 14 days from issue.
• Prices may change without notice until acceptance.
• You are solely responsible for ensuring the suitability, quantities, sizes, colours, and compliance of products with your project requirements.
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Payment
• Unless prior credit arrangements have been approved in writing, all orders are cash before delivery.
• Approved credit account terms: payment is due in full within 30 days from the end of the month.
• We may charge interest on overdue amounts at 10% per annum or the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) plus 2%, whichever is higher.
• You agree to pay all costs and expenses (on a full indemnity basis) we incur in recovering overdue amounts, including debt collection fees, legal costs, and enforcement expenses.
• We reserve the right to suspend further deliveries if payment is overdue.
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Title and PPSA Security
• Title remains with us until all amounts owing (including any interest, costs, and charges) are paid in full.
• Risk passes to you on delivery or collection.
• Until title passes:
– You hold the goods as our bailee.
– You must store the goods separately, label them as our property, and keep them insured.
– You must not sell, transfer, or grant any interest in the goods without our written consent.
• You grant us a Purchase Money Security Interest (PMSI) in the goods under the Personal Property Securities Act 2009 (Cth).
• We may register this interest on the PPSR. You must do all things required to perfect our security interest.
• If you default, you grant us an irrevocable licence to enter any premises under your control to repossess the goods.
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Delivery and Collection
• Delivery times are estimates only and not guaranteed.
• We are not liable for any loss or damage arising from delivery delays.
• If you arrange collection, you are responsible for loading, securing, and transporting goods safely.
• You must provide clear and safe access for delivery vehicles. If site access delays occur, you agree to pay additional fees.
• All goods must be inspected at the time of delivery or collection. Claims for shortages, damage, or discrepancies must be notified in writing within 2 business days. No claims will be accepted after this period or once goods are fixed or installed.
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Product Disclaimer and Acceptance
• Due to the nature of ceramic and porcelain tiles and natural stone products:
– Variations in colour, texture, dimension, and surface finish are inherent and not defects.
– Crazing (fine cracks in glaze), warpage, and shade variation may occur.
• Fixing, cutting, or installing goods constitutes full acceptance of the goods as delivered. No claims will be accepted after installation.
• It is your responsibility to ensure products are fit for purpose and comply with applicable standards, regulations, and slip resistance ratings.
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Cancellations, Returns and Restocking
• No cancellations or returns are accepted for:
– Special orders
– Made-to-order or custom products
– Discontinued, clearance, or sale items
• Other returns are accepted only:
– Within 7 days of delivery
– With our prior written approval
– Provided the goods are in saleable condition with original packaging
• Approved returns are subject to a 20–30% restocking fee and all transport costs are your responsibility.
• Goods returned without an official Return Authorisation will not be accepted.
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Warranties and Australian Consumer Law
• Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL).
• To the maximum extent permitted by law, our liability is limited (at our election) to:
– replacing the goods;
– supplying equivalent goods;
– repairing the goods;
– paying the cost of replacement or repair.
• We exclude all liability for indirect, consequential, or special loss, including loss of profits or revenue.
• You indemnify us against any claims arising from your use or installation of the goods.
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Force Majeure
We are not liable for any delay or failure to perform our obligations caused by circumstances beyond our reasonable control, including:
• Acts of God
• Pandemics
• Industrial disputes
• Supplier or transport delays
• Natural disasters
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Security of Payment and Retention
• Where goods are supplied for construction works, we may issue progress claims under the Building and Construction Industry Security of Payment Act 2002 (Vic).
• If you do not pay a claim by the due date, we may suspend further supply.
• Any retention amounts held must be released in accordance with the Act and applicable legislation.
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Limitation of Liability
• All terms, conditions, and warranties implied by law are excluded to the fullest extent permitted.
• We will not be liable for:
– Normal variations in shade, pattern, or finish
– Damage resulting from improper installation, handling, cleaning, or maintenance
– Claims arising after fixing or installation
– Delays in delivery
• Our total liability for any claim is capped at the amount paid for the goods the claim relates to.
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Intellectual Property
All intellectual property in designs, images, product literature, or materials we provide remains our property. You may not reproduce or use our intellectual property without our consent.
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Dispute Resolution
• If a dispute arises, both parties agree to attempt resolution through good faith negotiation or mediation before starting legal proceedings.
• This clause does not limit our right to pursue immediate recovery of outstanding amounts.
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Governing Law
These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria.
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Acceptance
By placing an order or accepting delivery, you acknowledge and agree to these Terms in full.