Terms & Conditions
General Terms & Conditions of Sale
All contracts, sales transactions, and agreements entered into between The Stone Wholesalers (hereinafter referred to as the Supplier) and the Purchaser are subject to these General Terms & Conditions of Sale.
1. Definitions
| Term | Meaning |
|---|---|
| Sales Order | The entire agreement between the Supplier and the Purchaser, including the Quotation, the Purchase Order, the Sales Invoice, and these General Terms & Conditions. |
| Goods | All natural stone tiles, pavers, wall cladding, materials, and associated supplies to be provided by the Supplier under the Sales Order. |
| Purchaser | The person, firm, or corporation to whom the Sales Order is issued and who agrees to purchase the Goods. |
| Quotation | The document provided by the Supplier specifying the price and quantity for the supply of the Goods. |
| Date of Dispatch | The approximate date when the Goods leave the Supplier’s Premises or nominated warehouse for the delivery address. |
| Price | The price payable by the Purchaser to the Supplier for the supply of the Goods, denominated in Indian Rupees (INR). |
2. Quotations and Pricing
- Validity: All Quotations are valid for 30 days from the date of release unless otherwise stated.
- Price Adjustment: The Price specified in the Quotation relates only to the exact type and quantity of Goods identified. The Supplier reserves the right to adjust the Price if the final quantity or specification of Goods in the Purchase Order differs from the Quotation.
- Taxes: Unless specifically stated otherwise, prices do not include any applicable Goods and Services Tax (GST) or other duties or levies, which will be charged to the Purchaser's account as legally required.
3. Order Confirmation and Cancellation
- Entire Agreement: The Sales Order constitutes the entire agreement and understanding between the parties and supersedes all prior negotiations. The Supplier's Terms and Conditions shall prevail over any conflicting terms presented by the Purchaser in their Purchase Order.
- Variations to Specifications: Any request to vary the colour, finish, or specifications of the Goods must be made by the Purchaser in writing and is subject to the Supplier's unfettered discretion. Variations requested after the commencement of manufacture/processing may be denied or incur additional charges and time adjustments to the Price.
- Cancellation: The Purchaser may cancel a Sales Order only by written notice to the Supplier prior to the commencement of processing. In the event of cancellation, the Purchaser shall be liable to pay the Supplier all reasonable expenses and costs incurred up to the date of cancellation.
4. Payment Terms and Default
- Standard Terms: Goods must be paid for in full prior to the Date of Dispatch unless a credit account or other written payment terms are explicitly agreed upon by the Supplier.
- Deposit: A 30% deposit of the total Price is required upon Order Confirmation to secure the Goods. The remainder must be paid prior to Delivery/Pick-Up.
- Default: Any delay or default in payment is considered a substantial breach. The Supplier reserves the right to:
- Withhold all current and future deliveries to the Purchaser.
- Charge interest on all overdue amounts at a rate of 1.5% per month (or the maximum rate permitted by law) until payment is received in full.
5. Product Specifications and Natural Variation
- Natural Stone Acknowledgment: The Purchaser acknowledges that natural products such as stone and clay will inherently vary in colour, texture, veining, density, and finish from samples, showroom displays, and previously supplied material.
- No Liability for Variation: The Supplier shall make reasonable efforts to match samples but will not accept any claim or liability relating to such natural variations of the Goods.
- Quantities: The Purchaser must confirm all quantities before placing an order. The Supplier recommends ordering at least 10-15% overage to account for waste, cuts, and unforeseen site issues.
6. Delivery and Risk of Loss
- Delivery Point: Delivery shall be deemed to occur when the Goods are delivered to the kerb side or the nearest accessible location at the Delivery Address.
- Risk: All Goods are at the Purchaser's risk immediately upon Date of Dispatch from the Supplier’s Premises, or upon delivery to the Delivery Address (whichever is earlier). The Supplier is not liable for any damage or loss during transit.
- Unattended Delivery: If the Delivery Address is unattended, the Supplier may leave the Goods at the location, or store the Goods at the Purchaser's expense. A receipt or delivery docket signed by any person at the Delivery Address shall be conclusive proof of delivery.