Effective 17 December 2016
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 SALE.
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™.
USE OF APPROVED OR LICENCED INSTALLERS
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 for work of the nature quoted in the geographical area of the proposed installation.
Petros Holdings Limited recommends the use of a “Craftstone Approved” or “Craftstone Licenced” installer for the installation of our products. In our experience, these installers have provided services that comply with the BRANZ Appraised installation system we have developed and their workmanship has met our expectations of quality and longevity. Craftstone Approved, or Craftstone Licenced Installers will, upon request, provide a PS3 certificate covering the quality of their installation for a period of 15 years. Petros Holdings Limited does not provide any warranty on installation. Its warranty is limited to the quality of the real stone products it supplies (as covered in more detail below).
Receipt of an electronic or other form of order confirmation does not signify Petros Holdings Ltd’s acceptance of a customer’s order, nor does it constitute confirmation of Petros Holdings Ltd’s intention to sell. Petros Holdings Ltd 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.
If a product is listed at an incorrect price, due to typographical error, Petros Holdings Ltd 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 Ltd cancels customer’s order, Petros Holdings Ltd shall forthwith issue a refund equal to the amount remitted for the refused or cancelled order.
Any quotes given 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 adjust or cancel quotations at its discretion.
Unless otherwise agreed, payment must be received in full in advance of delivery. If credit is provided, the customer agrees to pay all costs (including, but not limited to, legal costs) associated with the recovery of that debt if the balance owing to Petros Holdings Ltd is not paid in full by the 20th day of the month following dispatch of the products to the customer.
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.
We take great care in packing all 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. Delivery is by tail-lift truck unless otherwise specified. This means a flat easy-access concrete, asphalt, or paved area is required for unloading. In the event that product is damaged, 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 3 working days of delivery. Failure to notify us 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.
Product is checked for damage prior to dispatch and is weighed to verify freight weight and correct dispatch volumes.
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.
The weight of our products require shipment by common carriers. The customer needs to make arrangements to receive the material. Typically a carrier will bring the material to your chosen destination and assist only in off-loading the material. Consideration should be given to where it 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 in excess of 50kg. Where packages exceed 25kgs, we recommend that they be treated as a two-person lift. Petros Holdings Ltd will not be responsible for any damage or injuries that may occur during unloading or movement of the product around the work-site.
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 items will be added to the customer’s invoice.
Stone only: There is a 15 year Limited Warranty from the date of purchase on our natural stone products when used on structures that conform to local building codes and when installed by a ‘Craftstone Approved Installer’ or a ‘Craftstone Licenced Installer’ and when installed according to the BRANZ Appraisal (No. 793 ). Petros Holdings Ltd will, at its discretion, replace, repair, or make a contribution to the replacement or repair, where failure proves to be due to stone being defective, provided notice in writing is given by the customer during the Guarantee period.
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. Damages resulting from building settlement, wall movement, force contact, contact chemicals or paint, discoloration due to airborne contamination, staining, oxidation, or any abnormal cause, is not covered under the warranty.
Basalt Grey: All grey basalt stone contains some level of iron ore. Craftstone Basalt Grey has 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 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. Customers choose to use Basalt Grey in areas exposed to the elements knowing of this risk and accepting the potential consequences.
Colour Variation: Buyers and installers should inspect all stone prior to installation. Before installation, products should be laid out in order 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.
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.
Craftstone’s ‘Approved Installers’ and ‘Licenced Installers’ may provide a similar 15 warranty on the installation of Craftstone’s products when they are installed in accordance with the BRANZ Appraisal (No. 793 ).
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
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 a 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.
LIMITATION ON DAMAGES
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 product 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).
The customer agrees to indemnify Petros Holdings Limited against all claims excluding those expressly provided for in these terms and conditions.
RETURN & REFUND POLICY
Customers must return unused product to Petros Holdings Ltd within 30 days of dispatch if they wish to obtain a refund on excess product purchased. Shipments are eligible for return if 1) the product is materially different than samples provided by Craftstone NZ Ltd or 2) the quality of the product does not meet industry standards.
Our natural stone is a product of nature and variation in colour, grain and texture may 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. Petros Holdings Ltd reserves the right to have a qualified company representative inspect the product. 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.
Returns will be subject to a 10% restocking fee plus related freight charges (if any). Material that is returned must be packaged for pick up in the same manner it was received. Sample costs (excluding freight) are eligible for refund.
If payment has been remitted for any purchase and Craftstone NZ Ltd cancels customer’s order, Craftstone NZ Ltd shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
Deposits paid to confirm orders are not refundable in the event that the customer changes their mind or chooses not to proceed with their order.
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.
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 Zealand.
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. 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. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise