These general terms and conditions of sale form the contract between the Customer and The Advanced Trust (hereinafter referred to as “BEYOND STONE”) and the contract does not include any terms or conditions varying or in addition to these general terms and conditions of sale unless such terms and conditions have been expressly agreed in writing by BEYOND STONE. No prior correspondence, discussion or other terms and conditions form part of this contract unless stated in this contract.


1.        The Customer may only cancel this contract with BEYOND STONE’S consent and only on the  basis that the Customer meets all loss, damage, cost or expense, including loss of profits, incurred by BEYOND STONE as a result of the cancellation of the contract.……..

2.        BEYOND STONE may suspend delivery, cease manufacture or cancel the contract if the Customer at any time:

a) breaches any terms of the contract or any other contract with BEYOND STONE

b) commits an act of bankruptcy, resolves to or goes into liquidation, has a receiver or

manager appointed, enters into a scheme of arrangement or other composition with its

creditors or otherwise becomes insolvent and unable to pay its debts; or

c)        refuses or neglects to take delivery of the products described in the contract.


1.        Unless otherwise stated in this contract BEYOND STONE may vary the price stated in the contract to reflect any change in costs, taxes or duties to BEYOND STONE after the date of this contract.

2.        Where a price list applies to products supplied by  BEYOND STONE under this contract all prices listed;

a)       are subject to alteration without notice;

b)       are applicable to all deliveries on or after the effective date of any alteration;

c)        do not include sales tax or other government impost unless specifically stated.


The price is based upon;

a)       the scope of the work as detailed in the information provided by the Customer to  BEYOND STONE for the purpose of this contract including, where applicable, plans, specifications (including standards and finish), schedules and nominated quantities and;

b)       delivery arrangements in accordance with Clause 7, and any variations to the scope of the work or delivery arrangements shall be a variation of the contract entitling  BEYOND STONE to vary the price stated.


1.  Where BEYOND STONE manufactures or supplies products according to the Customer’s specifications;

a)       BEYOND STONE does not warrant the suitability or performance of the product; and

b)       The Customer shall provide to BEYOND STONE accurate information sufficient to enable BEYOND STONE to provide the products specified and the Customer warrants to BEYOND STONE that the information and any products to be manufactured by BEYOND STONE under the contract do not breach any copyright, registered design, patent or other right of any third party and Customer shall indemnify BEYOND STONE in relation to any such breach.

2.  Unless otherwise stated in this contract materials supplied shall comply with the normal standard adopted by BEYOND STONE for the class of materials ordered.


1.  Time for payment of the amount due to BEYOND STONE shall be of the essence in this contract and the amount due includes the price, any variations to the price and any additional charges which BEYOND STONE is entitled to make.

2.  Subject to sub-clause (3) and (4) the Customer shall pay the amount due in accordance with the credit arrangements as agreed by BEYOND STONE.

3.        Where no credit arrangement have been previously agreed by BEYOND STONE, but credit has been agreed by BEYOND STONE as a condition of this particular contract, the Customer shall pay the amount due within 30 days from date of the invoice

4.        Where no credit arrangements have been agreed by BEYOND STONE the Customer shall pay the amount due before the first delivery of the products.

5.        The Customer shall pay interest at the rate of 20% per annum calculated monthly on any amount not paid by the due date.


1.        Subject to sub-clause (2) delivery shall be on reasonable notice from the Customer to BEYOND STONE and the Customer shall not be relieved from any obligation to accept of pay for products by reason of any delay in delivery.

2.        Where this contract includes a Delivery Schedule delivery shall be in accordance with the dates and other information contained in such Schedule.

3.        BEYOND STONE shall not be liable for delay in delivery arising from any cause whatsoever.

4.        Where the Customer refuses or denies delivery in accordance with clause 7(1) and 7(2), the Customer’s obligation to pay for products, as set out in clause 6, remains unchanged.  The Customer shall also pay any additional storage, freight, holding or handling charges, incurred by BEYOND STONE.

5.        BEYOND STONE reserves the right to deliver by installments and failure to deliver any installment shall not entitle the Customer to terminate the contract.

6.        Deliveries are subject to suitable access, firm standing, storage, unloading and manoeuvring space, as determined by BEYOND STONE   BEYOND STONE shall not be liable for any damage caused to access ways or storage areas during delivery.

7.        Additional costs incurred by BEYOND STONE in delivering or unloading the products;

a)       outside the hours of  7.30am to 4.00pm weekdays (excluding public holidays);

b)       due to delays at the site or an unsuitable site; or

c)        where less than full truckloads are required, shall be at the Customer’s expense.


1.        Title in the products shall not pass to the Customer until payment of the amount due in full together with any interest due, notwithstanding that any of those products are worked upon by the Customer or others or are otherwise incorporated into other products or works.  Risk in the products shall pass to the Customer upon delivery and, in the event of a site being unattended, the delivery docket/manifest signed by the cartage contractor shall be prima facie evidence of delivery of the products.

2.        If payment is overdue in whole or in part, BEYOND STONE may (without prejudice to any of its other rights) recover or recall the products and may enter upon any premises where they are stored or where they are reasonably thought to be stored.

3.        The Customer’s right to possession of the products shall cease if the Customer, not being a company, does anything which would entitle;

a)       a receiver to take possession of any assets, or

b)       any person to present a petition for winding up.

BEYOND STONE may for the purpose of recovery of its products enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the products.


1.         The Customer shall immediately inspect the products at the point of delivery or collection.  Notice of any defects shall be given to BEYOND STONE in writing on the delivery docket/receipt/manifest by the Customer immediately returned with the cartage contractor.

2.        Where the point of delivery or collection is unattended, the Customer shall give notice to BEYOND STONE within 24 hours from the time of delivery or collection and prior to installation of any defects in the products.

3.        If notice in accordance with clauses 9(1) or 9(2) is not given, the products shall be deemed to be in good order and condition and in accordance with the contract and the Customer shall accept the products accordingly.

4.        BEYOND STONE shall have the right to inspect on site any products notified by the Customer as being defective and until such inspection is completed the product shall not be installed.


1.        Where the Customer requires the products to be subject to special test or inspection the Customer shall pay all costs of such testing or inspection.

2.        Any inspector or other person attending BEYOND STONE’S premises on behalf of the Customer shall be authorized in writing by the Customer.

3.        The Customer shall provide BEYOND STONE with copies of all authorizations, test results, measurements and report prepared by or for the Customer in relation to BEYOND STONE’S products.


1.        If a product is defective and the Customer advises BEYOND STONE of that defect in accordance with clause 9(1) or 9(2) BEYOND STONE shall repair or resupply the product, but BEYOND STONE shall not be liable for the removal of any defective products or of the re-installation of any products or for any consequential losses or loss of profits.

2.        BEYOND STONE shall not be liable for any defect, loss, damage or injury howsoever arising by reason of;

a)       a failure to use the products in a manner other that what is normally expected to be done with to in relation to the products;

b)       any delay in delivery;

c)        A failure to comply with any instructions or warnings with respect to doing anything with or in relation to the products.

3.        Any design or description of use, capacity, durability, colour, manner of installation information detail contained in drawings, data sheets, technical brochures of other documents provided by BEYOND STONE are given as a general guide only and the Customer hereby acknowledges that it has satisfied itself as to the suitability of the products for the Customer’s particular purpose, use or application and BEYOND STONE shall not be liable in these respects.

4.        Other than expressly provided in this contract BEYOND STONE provides no other warranty to the Customer in relation to the products and this contract comprises the whole agreement between the parties.

5.        Section 68A of the Trade Practices Act, 1974 (“the Act”) enables BEYOND STONE to limit its liability for breach of certain conditions and warranties implied by the Act.  To the fullest extent permitted by that section and other similar legislation in the liability of BEYOND STONE for a breach of a condition or warranty (other than a condition or warranty implied by Section 69 of the Act) is limited to one of the following (selection at the option of BEYOND STONE):

a)        the replacement of the products; or

b)        the repair of the products, unless the Customer is able to establish the matters set forth in sub-section 68A(2) of the Act.

12. LIEN.

The Customer agrees that BEYOND STONE has a lien over any products supplied by BEYOND STONE under this contract for the price payable or any other amount due by the Customer to BEYOND STONE and in the event of default in payment by the Customer to BEYOND STONE may sell such products after notice to the Customer and BEYOND STONE reserves the right of disposal of the products after delivery of the goods to a carrier or other bailed for the purpose of transmission to the Customer.


BEYOND STONE shall not be taken to have agreed to any amendment of waiver of any provision of these terms and Conditions or of the contract unless the amendment or waiver shall be in writing signed by BEYOND STONE.  No terms and conditions referred by the Customer after the date of this contract shall form part of this contract unless expressly agreed in writing by BEYOND STONE.


The contract is governed by the law for the time being of the State from which the products are to be supplied.


BEYOND STONE shall not be liable for any delay, loss, damage or injury arising by reason of any event beyond its control and without limiting the generality of the foregoing such events include industrial disputes, the unavailability of equipment of materials, fire, flood, machinery, breakdown, civil disturbance, acts of terror, acts of God or government action.


The contract is subjected to the provisions of any statue applicable to it and which may not be varied by the terms of the contract.  If any provision of the contract is void or unenforceable that provision shall be severed and the remaining provision shall continue will full force and effect.


All notices given under or in connection with this contract shall be in writing and given or delivered to the recipient at it address specified in this contract or at its registered office or principal place of business.


If at any time BEYOND STONE discloses to the Customer or the Customer becomes aware of confidential information of BEYOND STONE including confidential information relating to products, material, procedures, tests or equipment, the Customer shall not use the information for any purpose not approved by BEYOND STONE and shall not disclose that confidential information to any other person unless expressly agreed in writing by BEYOND STONE.


This contract is assignable by the Customer in whole or in part only with BEYOND STONE consent.


Unless otherwise stated, all pallets delivered with the products remain the property of BEYOND STONE and shall be returned in good order and condition to BEYOND STONE within 30 days of the date of delivery.  Any pallet not returned by the due date shall be paid for by the Customer at a price determined by BEYOND STONE.


Any sample product or sample colour is provided to indicate only the general nature of the product.  BEYOND STONE provides no warranty or guarantee that the products supplied shall correspond in colour, texture or blend with any sample or with any previous or future product supplied.  BEYOND STONE shall not be liable for any failure of the Customer or others to blend the products.


Where BEYOND STONE installs products or provided services according to the Customer’s designs, plans, specifications or directions (“the information”), the Customer warrants to BEYOND STONE the information is correct, accurate and sufficient for the specified purpose.


Unless otherwise stated in this contract, the measurement of quantities for the purpose of calculating payments due to BEYOND STONE shall be on the basis of the quantities shown on the delivery docket/receipt/manifest.


BEYOND STONE shall not be liable for the adequacy of performance of the products installed or the services provided under this contract where the work by BEYOND STONE  is located on top of or adjacent to work performed by others.  Work by others may include, but is not limited to, base material and construction, sub base material and construction, foundation preparation, kerbs, manholes, sub-soil drains and underground services.


If during the execution of the work under the contract, BEYOND STONE encounters physical conditions on the site or its surroundings which BEYOND STONE considers could not reasonably have been anticipated at the date of the offer then:

a)       BEYOND STONE shall advise the Customer of the existence of such changed conditions,and the measures necessary to deal with the conditions, and

b)       all additional work carried out by BEYOND STONE or any loss, damage or  expense incurred by BEYOND STONE as      a result of the unanticipated conditions shall be at the Customer’s expense.


1.        Unless otherwise stated in this contract the installation of products shall be carried out in accordance with the programme of work advised to the customer by BEYOND STONE.

2.        Where the programme of work is delayed or suspended for any reason or cause outside the control of BEYOND STONE, all additional costs and expenses incurred by BEYOND STONE by reason of such delay or suspension shall be borne and paid for by the Customer.

3.        BEYOND STONE shall not be liable for any loss, damage or expense incurred by the Customer arising out of delay or suspension of the work under the contract, howsoever caused.

4.        The programme of work of completion may be revised and re-issued to the Customer from time to time by BEYOND STONE.


At the completion of any installation work under this contract BEYOND STONE shall notify the Customer.  Within 7 days of such notification, the Customer shall provide to BEYOND STONE a list of any items of work which the Customer considers to be outstanding or defective.  BEYOND STONE shall not be liable for any outstanding work or defects which are not notified in accordance with this clause or clauses 9.


Where the product is supplied by BEYOND STONE on the basis on a description or marking such as “non-conforming”, “second”, “reject” or similar, no warranty or undertaking (express or implied) whatsoever is given by BEYOND STONE.  Notwithstanding the preceding terms and conditions, BEYOND STONE shall not be liable in any way for the performance or use of, or any defect in, the product.

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