Terms & Conditions
“User” means the person or entity using the website.
“Owner” means the company that owns the website, Kingstone Building Materials Pty Ltd
“Service Provider” means the company providing the website content management system and hosting services to the Owner for the website.
“Website” means ” https://kbms.com.au/”
Terms & Conditions of Trade
If the Customer does not have prior written terms of trade with the Supplier, the following shall apply:
“GST” means Goods and Services Tax applicable in Australia.
“The Customer” where the context so permits shall include the customer named on this invoice.
“The Supplier” means Kingstone Building Materials Pty Ltd (ABN: 44 089 522 805)
The Customer agrees to comply with the trading terms of Kingstone Building Materials Pty Ltd (ABN: 44 089 522 805) (“the Supplier”) as prescribed herein.
1.1 The Supplier may either accept or decline any order for goods by the Customer in whole or in part in the Supplier’s absolute discretion.
1.2 The Customer may not cancel any order or refuse to accept delivery of goods ordered unless with the Supplier’s consent is first obtained. In the event that the Customer attempts to cancel any order or refuse delivery the Supplier may take steps to recover the full invoice amount including any delivery costs and GST.
Delivery and Risk
For Sydney Metropolitan orders placed by 12.00 p.m. the Supplier will generally dispatch goods that are in stock the 3-4 business day and for all other orders delivery times shall be confirmed following receipt of order but notwithstanding the following terms shall prevail:
2.1 Unless otherwise agreed in writing the Customer authorises the Supplier to arrange for delivery of any goods ordered at the Customer’s expense and in the event that the Supplier decides to pay such costs the Customer agrees to reimburse the Supplier the full amount incurred or paid by the Supplier upon demand.
2.2 Risk passes to the Customer upon despatch of goods from the Supplier’s premises.
2.3 The Customer shall inspect goods immediately once they are received. The Seller will accept no liability for any claim made regarding the goods unless notified to the Supplier by phone/writing strictly within three (3) days from delivery to the Customer’s possession.
2.4 Any delivery dates or times provided by the Supplier are only estimates in good faith and time shall not be of the essence in this regard.
2.5 The Customer agrees to be present upon receipt of the goods. If the Customer is not present when the driver arrives, the driver will wait a maximum of 15 minutes for the customer before the goods will be returned to the store. Any re-delivery required will be an additional fee.
2.6 Shall any of the goods exceed 6m in length, the Customer agrees to have an abled body present to assist with the offloading of the goods.
2.7 The Supplier shall not be liable for any delay in delivery due to causes beyond the Supplier’s reasonable control including acts of god, act of civil or military authority, fire, strike, flood, epidemic, quarantine restriction, war, riot, civil commotion, acts of the Customer or any delay in transportation. In the event of delay due to such causes the date of delivery shall be extended for a period equal to the time lost by reason of any such delay.
2.8 To the maximum extent permitted by law the Supplier’s liability for any delay or non-delivery is excluded but is otherwise limited to the supply or replacement of the goods or equivalent goods (at the Supplier’s option) within a reasonable time.
2.9 The Customer agrees to indemnify the Supplier against any claims for injury or death or loss or damage to any property arising out of or in connection with the supply of any goods by the Supplier.
2.10 The Supplier submits any proposal/quotation and the Customer orders the goods subject to the following rights reserved by the Supplier:
2.11 Any quotation provided by the Supplier to the Customer shall be valid for a period of fourteen (14) days.
3.1 The Customer shall pay to the Supplier the full amount of all amounts invoiced to the Customer (including any GST, transport, freight, delivery, service, hiring or finance fees or charges) strictly upon invoice and the Customer hereby waives any right to set-off any amount which the Customer at any time claims is due and owing by the Supplier to the Customer.
3.2 In the event that the Customer fails, refuses or neglects to pay any amounts strictly within the agreed terms of trade:
3.3 The Customer hereby pledges and charges all the freehold and leasehold interest in land and also all personal property held by the Customer of which the Customer is now possessed and which the Customer may hereafter acquire (the pledge and charge attaching ipso facto from the point of acquisition) with payment of all monies due and owing from time to time to the Supplier (including all recovery, mercantile and collection costs and commissions). The Customer further agrees that immediately upon demand by the Supplier so to do the Customer will execute and deliver to the Supplier such Bill of Mortgage, Bill of Sale, Corporation Mortgage Debenture or other like instrument or consent to such Caveat as the Supplier shall require to be executed and delivered or consented to by the Customer and in the event that the Customer shall neglect or fail to do so or alternatively in the event that the Supplier chooses in its sole and unfettered discretion so to do the Customer HEREBY IRREVOCABLY APPOINTS the Supplier and/or any Manager, Secretary, Credit Manager or Solicitor of the Supplier to be the lawful attorney of the Customer for the purpose of executing and registering such instrument and/or executing a consent on behalf to the Customer to any Caveat required by the Supplier and any such Attorney may act according to the terms hereof without being liable for any cause whatsoever.
Ownership of Goods
4.1 Retention of Title
Property and title in Goods supplied under these conditions does not pass to the Customer until payment in full by the Customer is received by the Supplier in relation to such Goods and in relation to all other amounts owing to the Supplier by the Customer on any account whatsoever, until which time (subject always to clause 4.3):
4.2 Possession of Retained Goods
Upon demand by the Supplier, which demand may be made at any time upon the Customer defaulting in any of its obligations under these conditions, the Customer must deliver all Retained Goods to the Supplier or as otherwise directed by the Supplier. The Supplier may enter upon any premises under the Customer’s control (whether occupied or not) for the purpose of recovering any Retained Goods the subject of a demand made in accordance with this paragraph and, in so entering upon such premises, the Supplier and its authorised representatives may use all reasonable force to obtain such possession and will not be trespassers. Further or in the alternative the Supplier may take copies of or extracts of the Customer’s records pertaining or apparently pertaining to any goods supplied. The authority to so enter premises is given by the Customer irrevocably.
4.3 Sale of Retained Goods
The Customer may in the ordinary course of business, sell Retained Goods on behalf of the Supplier or mix or combine Retained Goods with other goods in the course of a manufacturing process and sell the product or products thereof (“Products”), in which case the Customer must:
Storage of Goods
Goods left at our premises for longer than 5 working days may be subject to storage fees. Furthermore, you indemnify us from any damage that may result to your goods due to your failure to collect and agree that you are liable to pay the full price for the goods regardless of condition.
A statement signed for or on behalf of the Supplier by the Supplier’s Manager, Director or the Supplier’s accountant or solicitor sent by ordinary post to the Customer’s last known address, shall be sufficient evidence at all times of the amount due to the Supplier by the Customer.
If at any time:
then notwithstanding the waiver of any previous default, there shall be deemed to have happened an event of default and the whole of any monies then outstanding to the Supplier from the Customer shall thereupon become due and payable immediately although any time otherwise appointed thereof may not have arrived and forthwith upon the determination of an event of default the Customer will pay all such monies outstanding to the Supplier forthwith and without demand.
This agreement is made with the owners and/or directors of the Customer as at the date of application. The Customer shall notify the Supplier in writing within seven (7) days of any change whatsoever in ownership structure and, further, hereby indemnifies the Supplier against any loss or damage that may result from the Customer’s failure to notify the Supplier of any such change.
In the event that the Customer enters into this Agreement as a trustee of any trust:
This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria and:
Each clause or sub-clause of this Agreement is severable from the others and if any part is invalid or unenforceable for any reason such invalidity or unenforceability shall not affect in any way the validity or enforceability of any other party.
Should you need to return a product to us, please contact our sales team within 14 days of original invoice date.
Any returns other than defective goods must be returned in their original state. The return of goods considered to be defective is subject to the discretion to determine if a credit, exchange of goods or refund is given.
No refunds or exchange is available on kits or any custom cut items unless they are deemed defective upon receipt.
Change of mind returns are subject to restocking fees of up to 50%.
Damage, Defects and Loss in Transit
Any complaint concerning damage, short delivery, loss in transit or defect must be made within 3 working days of the Customer receipt of the invoice for that delivery, or the receipt of the goods, whichever occurs later. If the complaint is not made within that time, the Customer loses any right which the Customer may have had in respect of the complaint.
The Owner has the discretion to repair or replace any goods the subject of a complaint or to refund or credit the portion of the purchase price. To the extent permitted by law, all statutory or other warranties are excluded.