TERMS & CONDITIONS
Current from 15 October 2018
- These terms and conditions are subject to change without notice, at the sole discretion of Petros Holdings Ltd.
- Your request for a quote, placement of order, or purchase of a Craftstone product, constitutes your acceptance of these terms and conditions of trade.
1.1. Craftstone Approved Installer means an Installer who has been trained, approved and certified by Petros Holdings Limited as an Approved Installer of the BRANZ Appraised “Craftstone Real Stone Veneer System”.
1.2. Customer means the natural person, company, partnership, trust or other entity who has sought a quote and/or invoice from Petros Holdings Limited for Craftstone products.
1.3. Installation Estimate means the estimate of the price for installation of the quoted products in the location/s identified by the customer, based on the apparent geographical location, the height, complexity of installation, size of installation and prevailing market conditions at the time. This price is not binding on the Approved Installer but is considered reliable in most cases.
2. TRADING ENTITIES
2.1. The Customer acknowledges and agrees that they are seeking a quote from, placing an order with, or purchasing product from “Petros Holdings Limited”, trading variously as Craftstone™ New Zealand, Craftstone™ NZ, or Craftstone™. Any reference in these terms and conditions to any of these names is to be construed as a reference to Petros Holdings Limited.
2.2. The Customer, when corresponding on behalf of a company or other entity, warrants that they are authorised to contract on behalf of the company or other entity in respect of the transactions being entered into with Petros Holdings Limited and specifically authorises Petros Holdings Limited to act on that basis.
2.3. The Customer, when corresponding on behalf of a Trust, warrants that they are authorised to act on behalf of all Trustees of the Trust and with their authority in respect of the transactions being entered into with Petros Holdings Limited and specifically authorises Petros Holdings Limited to act on that basis.
3. USE OF CRAFTSTONE APPROVED INSTALLERS
3.1. Petros Holdings Limited is an importer and distributor of quality real stone products and accessories. Petros Holdings Limited does not install stone products, but will, when asked, provide an Installation Estimate for stone products and accessories, based on typical prices prevailing at the time for work of the nature quoted in the geographical area of the proposed installation.
3.2. Petros Holdings Limited strongly recommends the use of a Craftstone Approved Installer for the installation of our products. These installers are experienced in providing services that comply with the BRANZ Appraised “Craftstone Real Stone Veneer System” and their workmanship has met our expectations of quality and longevity. Craftstone Approved Installers will, upon request, provide a PS3 (Producer Statement) covering the quality of their installation for a period of 5 years. Petros Holdings Limited does not provide any warranty on installation but does warrant the performance of its stone and stone veneer system accessory products. Further details relating to this warranty are set out below.
4. ORDER ACCEPTANCE
4.1. Receipt of an electronic or other form of order confirmation does not signify Petros Holdings Limited’s acceptance of a customer’s order, nor does it constitute confirmation of Petros Holdings Limited’s intention to sell. Petros Holdings Limited reserves the right at any time, to accept, or to decline the customer’s order for reasonable cause including, but not limited to, lack of availability of products or failure by the customer to satisfy payment terms.
4.2. If a product is listed, quoted, or invoiced at an incorrect price due to typographical error, Petros Holdings Limited shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and Petros Holdings Limited cancels the customer’s order, Petros Holdings Limited shall forthwith issue a refund equal to the amount remitted for the refused or cancelled order.
5.1. Any quotes provided will be valid only for the period stated on the quote, or if not specified on the quote, then for a period of 30 days. Petros Holdings Ltd reserves the right to correct or cancel quotations at its discretion. Provision of a quotation does not constitute confirmation of the availability of the product quoted at the time the product is sought. Factors outside the control of Petros Holdings Limited may affect availability (or continued availability) of products. Customer should ensure that they order, or pay a deposit to secure, the full quantity of stone that they will need to complete their project at the time of their initial order.
6. PAYMENT TERMS
6.1. A non-refundable deposit of 15% of the full value of an order (excluding any Installation Estimate) is required to secure stock availability. Payment of that deposit will entitle the customer to up to 3 calendar months of free warehousing of their stone products.
6.2. Unless otherwise agreed, full payment must be received in advance of delivery. Credit terms are usually only offered to big box hardware store chains.
6.3. If credit is provided, unless a shorter period is established in the invoice, the customer will promptly pay not later than the 20th of the month following the date of invoice or within such other period as may be established by Petros Holdings Limited in the invoice (“the Due Date”) the full balance due on the invoice, failing which interest will become due at the rate of 1.0% per month (or such other rate as may be established in the invoice) from the Due Date up to and including the date payment is actually received.
6.4. Petros Holdings Limited may elect to recover any overdue and unpaid balance using a debt collection agency, court of competent jurisdiction, or otherwise. The customer agrees to pay all costs (including, but not limited to, agency fees and legal fees and disbursements) associated with the recovery of that debt.
7.1. Payment of a non-refundable deposit of 15% of the full value of an order entitles the customer to up to 3 calendar months of free warehousing of their stone products. Unless otherwise agreed with Petros Holdings Limited in writing, further storage of the products will incur a weekly fee of $4.00 per crate or part thereof. This fee must be paid prior to release of the stock from the warehouse.
7.2. Nothing in these terms and conditions is to be construed as compelling Petros Holdings Limited to retain the stock at its warehouse beyond the three-month period. If Petros Holdings Limited are no longer able or willing to store product, or if they need to move premises, the customer will be contacted and options for re-location of the products will be discussed.
8.1. The customer acknowledges that Petros Holdings Limited retain all property, title and interest in all goods sold until such goods have been fully paid for.
9.1. Petros Holdings Limited take great care in packing our products to ensure that they arrive to you in perfect condition. However, when they leave our warehouse we rely on the carriers to get the products to you safely. In the unlikely event that product is damaged in transit, it is the customer’s responsibility to contact us immediately. Remaining product must be left intact (as and where it arrived) and photographed. Petros Holdings Limited must file its claim with the carrier (if freight was arranged by us) within 2 to 3 working days of delivery, depending upon the carrier used. Failure to notify Petros Holdings Limited of a damaged delivery within 2 working days will prevent us from filing such a claim in time, and the customer will therefore be deemed to have accepted the product as delivered.
9.2. Delivery is by tail-lift truck unless otherwise specified. A flat easy-access concrete, asphalt, or paved area is required for unloading a tail-lift truck. The customer should notify Craftstone if a Hiab or crane delivery is required. This is likely to come at an extra cost to the customer.
9.3. Product is checked for damage prior to dispatch and is weighed to verify freight weight and correct dispatch volumes.
9.4. When your order is shipped we will generally e-mail or otherwise advise you that your shipment has been dispatched. This will allow you to anticipate its arrival and ensure that someone is there to collect it.
9.5. The weight of our products requires shipment by common carriers. The customer must arrange to receive the material. Typically, a carrier will bring the material to your chosen destination and assist only in off-loading the material.
9.6. Consideration should be given to where product will be stored, the distance it must be carried and the customer’s ability to handle the goods. Crates / pallets may weigh over one ton, with individual packages / units sometimes more than 50kg. Where packages exceed 25kgs, we recommend that they be treated as a two-person lift. Petros Holdings Limited will not be responsible for any damage or injuries that may occur during unloading or movement of the product around the work-site.
10.1 The customer is responsible for all sales taxes and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, separate charges for such local (NZ) items will be added to the customer’s invoice. For export shipments, the customer accepts full responsibility for ascertaining and paying all such charges.
11. LIMITED WARRANTY
11.1. Petros Holdings Limited provide a 15 year warranty from the date of purchase on our natural stone cladding products and installation accessories when used on structures that conform to local building codes and when installed by a ‘Craftstone Approved Installer’ and when installed according to the system described in BRANZ Appraisal (No. 793 ). Petros Holdings Ltd will, at its discretion, replace, repair, or contribute to the replacement or repair, where failure proves to be due to stone or installation accessories being defective, provided notice in writing is given by the customer during the warranty period.
11.2. This warranty is limited to replacement of defective stone only. All stone must be sealed using Craftstone Sealer. This is the only suitably tested and appraised sealer for the purpose and is a proprietary product only available from Petros Holdings Ltd.
11.3. Damages resulting from building settlement, wall movement, force contact, contact chemicals or paint, discoloration due to airborne contamination, staining, oxidation, or any such abnormal cause, is not covered under the warranty.
11.4. Basalt Grey / Slate Grey: All grey basalt and slate stone contains some level of iron ore. Craftstone Basalt Grey and Slate Grey have been selected from quarries that are known to contain very low levels of iron ore. When exposed to water or inclement weather, iron ore will oxidise and may cause an orange stain on the stone and other materials below it. Some customers like the authentic look that this staining provides, while others do not. In most cases, Craftstone’s Basalt Grey and Slate Grey will not show signs of iron oxidation, but, as this is a natural feature of this type of stone, such staining is not considered a defect and is not covered by the warranty.
11.5. Colour Variation: Customers and installers should inspect all stone prior to installation. Before installation, products should be laid out to see the natural variations and to plan how best to install them. Reasonable variation in stone colour is to be expected with a natural stone product.
11.6. In the event of a warranty claim, Petros Holdings Ltd reserves the right to inspect the stone insitu and if, at our sole discretion, we determine that the warranty claim is valid, we will replace the defective product. The sole obligation of Craftstone Ltd under this warranty is to replace any defective stone product and/or installation accessory.
11.7. Craftstone’s ‘Approved Installers’, on request, will provide a 5-year warranty on the installation of Craftstone’s real stone cladding products.
12. LIMITATION OF LIABILITY
12.1. The website at www.craftstone.co.nz is provided by Petros Holdings Ltd on an “as is” and “as available” basis. Petros Holdings Ltd makes no representation and provides no warranty, express or implied, as to the operation of this site, or the accuracy of any information, content, materials or products included on this site including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. You expressly agree that your use of this site is at your sole risk. Petros Holdings Ltd does not warrant that this site, its servers, or e-mail sent from Petros Holdings Ltd are error-free, or free from viruses or other harmful files. Petros Holdings Ltd will not be liable for any damages of any kind arising from the use of this site including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
12.2. Petros Holdings Limited may provide the Customer or their representatives, employees, or contractors, with technical detail drawings showing suggested methods for the design of junctions between its cladding products and other products from other suppliers. Alternative details drawings may also be developed for similar purposes. Those drawings are provided on the basis that it is for the recipient to satisfy themselves of the appropriateness of the suggested drawing for the particular application. Petros Holdings Limited assumes no responsibility for the design ultimately used by the Licensed Building Practitioner, Architect, Draughtsman, or property owner/s. Petros Holdings Limited do not employ Architects, Engineers or Licensed Building Practitioners and provide such drawings only as experienced laymen. The final design should be provided by an appropriately qualified professional.
13. LIMITATION ON DAMAGES
13.1. Petros Holdings Ltd does not accept liability beyond the remedies set forth herein. Petros Holdings Ltd will not be liable for lost profits, loss of revenue or business or other consequential, special, indirect, or punitive damages, even if they were foreseeable, or if Petros Holdings Ltd was advised of the potential of such damages, or for any claim by any third party except as expressly provided herein. The customer agrees that for any liability related to the purchase of products or services, Petros Holdings Ltd is not liable or responsible for any amount of damages above the aggregate dollar amount paid by the customer for the purchase(s) of stone cladding product and accessories from Petros Holdings Ltd. This limitation will apply regardless of the form of action (i.e. whether the lawsuit is in contract or in tort, including negligence).
13.2. The customer agrees to indemnify Petros Holdings Limited against all claims excluding those expressly provided for in these terms and conditions.
14. RETURN & REFUND POLICY
14.1. Customers must return unused product to Petros Holdings Ltd within 60 days of dispatch if they wish to obtain a refund on excess product purchased. Such product must be:
14.2. Shipments are otherwise eligible for return if:
14.3. Craftstone natural stone is a product of nature and variation in colour, grain and texture will exist. Such variations are considered part of the characteristic beauty of natural stone products. Because all stones are natural, no two will be alike and variation is likely to occur within and between batches.
14.4. Petros Holdings Ltd reserves the right to have a nominated company representative inspect the product.
14.5. Any product shown to be defective at the time of sale will be replaced free of charge. In all cases, use of the products will constitute acceptance of its appearance.
14.6. Returns under clause 14.1 above will be subject to a 15% restocking fee plus related freight charges (if any). Sample costs (excluding freight) are eligible for refund if returned in saleable condition.
14.7. Deposits paid to confirm orders and secure stock are not refundable in the event that the customer changes their mind or chooses not to proceed with their order.
15.1. All references to monetary amounts, including prices, on the Craftstone Website (the “Site”) and in these terms and conditions and on our quotes, shall be in New Zealand Dollars and will exclude Goods and Service Tax (“GST”) unless otherwise stated.
16. GOVERNING LAW
16.1. These terms and conditions are governed by the laws of New Zealand and any dispute in relation to these terms and conditions will be submitted to the exclusive jurisdiction of the courts of New Zealand.
17.1. Any dispute with Petros Holdings Limited that cannot be resolved through reasonable discussion with the customer shall be submitted to confidential arbitration in Auckland, New Zealand.
17.2. Arbitration under this agreement shall be conducted under the rules then prevailing of the Auckland District Law Society. The Arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction.
17.3. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving another party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise, without the written permission of Petros Holdings Limited.