TERMS AND CONDITIONS

  1. The quarry material supplied is made to in accordance within the nominated specification, all quarried material supplied will be deemed to comply with such specification unless specifically ordered otherwise.
  2. The quarry material supplied will not be tested unless specifically requested or unless required as per the specification, upon which Hallett Resources Pty Ltd will organise a test to be conducted in accordance to the nominated standard and will charge the customer accordingly for this test result.
  3. Hallett Resources Pty. Ltd. will not be liable to, and will be indemnified by the purchaser in respect of any claims made by the purchaser or any third party which arise from any defects which may develop in the material due to the following:
    1. Faulty handling, placing or any working of the quarry material by the purchaser or its subcontractors or any other person. Claims will not be recognised unless received in writing within 7 days of date of delivery.
    2. The addition of any water or other additive to the quarry material either before or after discharge from the delivery unit without the express instructions of a representative of Hallett Resources Ply. Ltd. Drivers of the delivery vehicles shall not for the purpose hereof be deemed to be a representative of Hallett Resources Pty Ltd.
    3. Where a customer requests the addition of products to the quarry material e.g. water, cement etc. Hallett Resources Pty Ltd will not guarantee the final product performance, only the base quarry material properties will be guaranteed.
    4. Hallett Resources Pty Ltd will ensure all procedures are in place to maintain a consistency in raw materials and production process to minimise variations, but will not guarantee colour uniformity between loads.
  4. The information of the quarry materials are those shown on the face of the delivery docket and upon signing of the docket the customer becomes bound by the information shown thereon. Purchasers should ensure that the quarry material shown corresponds with their project specification.
  5. Hallett Resources Pty. Ltd. will not be liable in any manner whatsoever for delay In delivery or non−delivery which is attributable to transport delays, plant or equipment breakdowns, unavailability of material or any other cause whatsoever which is beyond the control of Hallett Resources Pty. Ltd.
  6. Delivery must be accepted and affected by the purchaser as soon as possible from the time of−arrival of delivery vehicle on site. If delivery is not discharged as quickly as possible the purchaser will pay to Hallett Resources Pty. Ltd. compensation at the waiting time rate charged by Hallett Resources Pty. Ltd. From time to time. No charge shall be made for waiting time if the discharge is completed within fifteen minutes. Waiting time in excess thereof will be charged at the ruling rate.
  7. Delivery will only be made to the kerbside. If at the request of the purchaser the delivery vehicle enters the job area the purchaser will indemnify Hallett Resources Pty. Ltd, against all claims from any person which arise out of such entry or by the presence of the vehicle in the job area.
  8. All deliveries delivered outside the hours of 7.00am to 4.30 pm Monday to Friday will be subject to surcharge fees, these will be advised at time of pricing and booking of quarry materials.
  9. In the event of an out of hours order being booked and then cancelled without sufficient notice and Hallett Resources Pty Ltd incurs costs, these costs will be on−charged to the customer/purchaser as a late cancellation fee.
  10. Any reference to the purchaser in these terms and conditions means and includes the purchaser, his employee’s agents and sub−contractor. The actions or signatures of any person appearing to have the authority of the purchaser shall bind the purchaser.
  11. In the event of any dispute arising between Hallett Resources Ply. Ltd, and the purchaser the purchaser will pay to Hallett resources Ply, Ltd. the amount owing to Hallett Resources Pty, Ltd, which amount will be held by Hallett Resources Ply. Ltd, until the determination of the dispute and the purchaser shall not commence any action or claim against Hallett resources Ply. Ltd. in any court whatsoever before paying such amount to Hallett Resources Pty, Ltd.
  12. Terms are strictly net 30 days from day of delivery for all account customers and cash before delivery for COD customers.
  13. All other guarantees, warranties or undertakings expressed or implied and whether arising by statute or otherwise are hereby expressly negative and these terms and conditions are the only terms and conditions of the contract between Hallett resources Ply. Ltd. and the purchaser. These terms and conditions cannot be altered except by Hallett Resources Pty. Ltd.’s duty authorised representative in writing.
  14. Hallett Resources Pty Ltd uses natural raw materials than can vary in size, shape and colour consistency. Our samples are indicative of the colour and finish likely to be achieved. We do not guarantee the finished product will conform to Hallett Resources samples and illustrations pictured. Each quarry product is unique and imperfections and variations will be likely.