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Terms & Conditions

Payment of a purchase order, invoice and/or acceptance of Goods means you accept the following Terms.
These Terms constitute the entire agreement between the parties. All prior negotiations, representations and agreements are superseded by these Terms. These Terms prevail over any terms and conditions provided by You, unless We otherwise expressly agree in writing.

SALE TERMS
  • Quotes and invoices are valid from 30 days of the day of the quote. After this period passes, We may provide You with a new Quote and You acknowledge that We cannot guarantee Our prices will remain the same.
  • Purchase orders are deemed accepted by Us when funds have been cleared and received by us. Manufacture of Goods specified in Your Invoice will not take place until funds have been received by Us and We have confirmed the order in writing, at which point and on which date the Contract shall come into existence (“Commencement Date”).
  • Trade payment terms must be agreed in writing by Mineral Fox and We have reserved the right to make changes to terms with 30 days written notice.
CANCELLATIONS AND MODIFICATIONS
  • If You request any changes to Your Purchase Order after payment has been received, We are under no obligation to accept such a change. Changes to Your purchase order pay attract additional costs.
  • We do not accept cancellations of Purchase Orders after production or the process of completing a special order has commenced. We do not accept cancellations of Purchase Orders for custom coloured products.
  • We reserve the right to apply a cancellation charge
GOODS AND INSTALLATION

Mineral Fox Products have natural variations in their colours and textures. Colours and textures can vary from batch-to-batch. Mineral Fox recommends ordering samples and/or colour charts to evaluate products. You accept that colour variances of up to 10% are acceptable and do not constitute a product fault.

Mineral Fox products are applied with a trowel. The finished aesthetic can vary depending on the method and style of the applicator. Samples provided by Us may not be representative of the final finish in your Project. It’s Your responsibility to approve samples from the tradesperson applying the product ahead of Your project commencing.

Mineral Fox coloured materials are made-to-order and invoices cannot be cancelled once production has commenced. Amendments are at the sole discretion of Mineral Fox.

Mineral Fox products must be stored correctly in accordance with our specifications. We are not responsible for product faults or damage associated with incorrect storage.

The Products are offered on the basis that the Buyer has taken all reasonable measures to confirm their suitability for the Buyer’s own particular products, applications and production methods. Recommendations for use of the Products, whether given in writing, orally, or to be implied from results of tests carried out by the Us, are based on current knowledge at the time. No guarantee, either express or implied, is made by Us regarding the validity of the recommendations or the results obtained therefrom.

Mineral Fox products must be applied in strict adherence to the corresponding product specifications and/or written instructions as well as any Australian Standards. Mineral Fox are not liable for any Goods failure caused by failure to comply with this requirement.

We recommend You employ the skills of a qualified tradesperson to install the Goods. We have no obligation to arrange the services associated with the installation of the Products (eg: plasterers). Mineral Fox has no responsibility for the works or advice provided by any tradespeople even if we have recommended that person/s to You.

We are not liable for any loss suffered by You or damage to the Goods resulting from information provided by Us regarding the use or installation of the Goods. Any information or advice provided by Us to You is provided in good faith based on the information made available at the time. Any statements or representations in our specifications about the use, purpose or application of the Goods are of a general nature only and do not take into account individual circumstances.

Mineral Fox may from time to time provide You with additional information in relation to the use, purpose or application of the Goods (Additional Information). Additional Information is based on the facts disclosed to Us at the time the information is provided to You. If any relevant facts have not been disclosed to Us, or if circumstances change, the Additional Information may not be accurate. To the extent permitted by law, We will not be liable in relation to the use of the Goods by You or a third party which:

  1. Is not in accordance with the Additional Information; or
  2. Is in accordance with the Additional Information provided by Us at a time when We were not in possession of all relevant facts pertaining to Your circumstances or where those circumstances have changed without Our knowledge.

You agree that you shall not alter the Product, or mix the Product with any other materials, without obtaining the prior written consent of Mineral Fox.

Mineral Fox shall have no liability to the Buyer in respect of the Product’s failure to comply with their respective specifications.

We are not liable for any defects that arise as a result of fair wear and tear, wilful damage, negligence, abnormal storage or working conditions.

Mineral Fox may provide You with Care Instructions. We will not be liable for any damage to or other issues with those Goods which are due to the Customer not complying with the Care Instructions.

Custom colour sampling is charged at $150 per colour and must be paid for upfront.

DELIVERY OF GOODS

Unless otherwise stated in Your Purchase Order, no allowance has been made in Our price for delivery, insurance or associated costs.

If you require us to arrange these services for You:

  1. You must notify us in writing of the Delivery Point and Delivery Date on or prior to payment of your invoice
  2. The cost of those services will be payable by You on demand prior to delivery
  3. Any additional costs incurred by Us in connection with the delivery, including as a result of site conditions at the Delivery Point, will be immediately payable on demand by You

We can arrange delivery of Your Goods using third party freight companies. We are not liable for:

  1. Any failure/delay in delivery
  2. Any damage or loss due to unloading or packing of Goods or leaving the Goods at the Delivery Point
  3. Any damage to property caused upon entering the delivery point to deliver the Goods

If You select a delivery carrier, You do so at Your own risk and agree Your carrier is acting as agent for You regarding freight, insurance and safe carriage of the Goods, and Your carrier must collect the Goods on Your behalf.

You must notify us within 48 hours of delivery or collection of any Goods which are damaged or incorrectly supplied by Us.

You will be deemed to have accepted the Goods if:

  1. You fail to notify Us of any issues concerning the Goods within 48 hours of delivery or collections of the Goods
  2. You open, mix, install or use the Goods in any way; or
  3. You fail to return the Goods within the agreed timeframe

Mineral Fox will be under no obligation to deliver the Products if You are in breach of any of your obligations as outlined in these conditions, including changing the delivery location after the Products have been dispatched, or specifying an incorrect delivery location.

Risk in the Products will pass to You upon delivery of the Products being completed when the Products are unloaded off the carrier’s vehicle, ship or other mode of transport at the delivery location.

Mineral Fox reserves the right to resell the goods if delivery has not been taken by You within 28 days of being notified that the Goods are ready for delivery. Mineral Fox may apply storage and cancellation charges.

COLLECTION OF GOODS

Unless otherwise advised by Us in writing, You must collect the Goods from the address specified in the Purchase Order at the time specified by Us.

We may charge You a storage Charge if You fail to collect or organise delivery of the Goods within 2 weeks of Us notifying You the Goods are available. 
Any dates given for availability of the Goods are approximate. We will endeavour to ensure Goods are available by the estimated availability date, but any failure of availability of the Goods by that date will not entitle You to cancel Your Purchase Order, void any of these Terms or claim compensation.

You must inspect the Goods upon collection to ensure the Goods are in accordance with Your purchase order. If any Goods are incorrectly supplied, or there is damage or defects, you must notify us within 48 hours of collection.

We are not liable for any damage or loss in unloading or packing Goods upon collection by You. Risk of the Products passes to You when the Goods are loaded onto/into Your or a third party’s vehicle, ship or other mode of transport. It is Your sole responsibility to organise insurance cover required against all risks that could be incurred during delivery. Carriers are responsible for products lost or damaged in transit. In the case of such loss or damage, You shall immediately notify the carrier or its agent and initiate a claim.


WARRANTY AND RETURNS

Other than as provided in these Terms or as otherwise required by law, We do not accept the return of goods, unless agreed to in writing. We may, in Our absolute discretion provide refunds on the return of undamaged, standard stock items if the Goods are returned to Us at Your expense if the return request is made:

  1. Within 30 days of delivery/collection
  2. In original, undamaged packaging,
  3. In undamaged, resalable condition
  4. Have been stored correctly; and
  5. Are standard in stock products

We do not accept returns or cancellations for products that are made to order including coloured products. We do not accept returns of Products provided at a discounted price.

Products are quoted in accordance with Mineral Fox specifications, including coverage rates. Any remaining/excess products after project completion are non-returnable and non-refundable unless approved in writing by Mineral Fox.

Subject to the Australian Consumer Law, Mineral Fox shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

  1. The Goods being properly stored or maintained
  2. The Goods being used for any purpose other than that for which were designed; or
  3. The Goods being used after any defect because apparent or should have become apparent to a reasonably prudent operator or user;
  4. The person applying the Goods failing to follow instructions or guidelines provided by Us (including specifications, instructions and care guides)
  5. Fair wear and tear, any accident or act of God

We may, at our absolute discretion accept non-defective Goods for return, whereby You are liable for the return freight and handling charges.

If the Goods are found to be defective or do not align with the specifications in the Purchase Order (Defective Goods), You must notify Us in writing within 7 days of first becoming aware of the defect, breach or non-conformance. If you do not notify Us in writing of the reason for the return of the Defective Goods and return those Goods within the Goods Warranty Period, You waive all rights in relation to the Goods and agree We will not be liable for any loss suffered by You in connection with those Goods. You must give Us or our representative adequate opportunity to inspect or examine the Products and remove samples for analysis.

If any of the Goods are Defective Goods, We may, in Our absolute discretion (and to the extent permitted by law):

  1. Replace the defective Goods (or the cost thereof)
  2. Supply equivalent Goods (or the cost thereof)
  3. Repair the Defective Goods (or the cost thereof)

You agree that if any replacement or alternative Goods are provided by Us to You the Goods Warranty Period for those Goods will be limited to the remainder of the Goods Warranty Period for the original Goods provided to You.

Notwithstanding anything contained in this clause, if We are required by a law to accept a return then We will only accept a return on the conditions imposed by that law.

You agree that, to the extent permitted by law, the remedies set out in this clause will be Your sole remedy in connection with any Defective Goods provided to You, and You agree We will not be liable to You for any loss (including costs of removal or reinstallation), damage (whether direct or indirect, special or consequential) or injury resulting from any breach of warranty or any defective material, faulty workmanship or otherwise howsoever arising out of or in connection with the Goods, whether or not caused by our negligence or default.

Other than as expressly included in these Terms and to the extent permitted by law, all terms, conditions, warranties and guarantees implied or imposed by statute, common law or otherwise in relation to the Goods are excluded.

You agree the Goods will be deemed not to be defective if:

  1. They are subject to minor omissions or minor defects which do not affect the performance of the product
  2. The Goods are installed in buildings used for heavy industrial purposes or processes, including chemical or fertiliser processing or storage, aluminium processing, pulp and paper mills, coal handling facilities, mining applications or any other facility allowing exposure to aggressive industrial environments
  3. You fail to comply with the installation, use and maintenance guidelines provided by Us
  4. Any faults or damage to the Goods are caused or contributed to by You including by
  5. Inadequate surface preparation
  6. Faulty installation

Improper storage, including exposure to moisture

Failure to design, install, use or maintain the Goods in accordance with manufacturer’s directions and guidelines, and relevant Australian Standards

Inappropriate use of or exposure to chemical agents, fumes, liquids or solids, including inappropriate cleaning

You agree to permit Us to inspect premises at which the Goods are or have been used as part of the warranty process and to inspect and/or conduct tests as deemed necessary by Us if You make a claim

TITLE AND RISK

Products remain the property of the seller until payment for the goods has been received in full. Upon receipt of payment in full, the Title of the Goods passes to You. Mineral Fox retains the right to recover unpaid goods by entering the Purchaser’s premises (or location where the Goods are stored) and re-take possession of any or all of the goods. Risk in the goods, including risk of loading and unloading, passes to You upon the earlier of:

  1. Collection of the Goods by You or Your agent; and
  2. The Goods being collected from Our (or our manufacturer’s) premises to be delivered to You (if delivered)
FORCE MAJEURE

Neither party shall be held liable for any delay in performing, or any failure to perform their respective obligations, if the delay or failure is due to a Force Majeure Event including epidemic or pandemic, civil or foreign war, riot, strike, any law or action taken by a governmental or local authority, power failure or breakdown of machinery, acts of God, flood, drought, earthquake, fire, natural disasters, or exceptional weather conditions.

DEFINITIONS

We/Our/Us means Mineral Fox Pty Ltd (ABN 12640960952).

You/Your means the customer (including end customers, builders and contractors) Your agents, nominees or suppliers, being the buyer of Goods.

Storage Charge – $50 per pallet per week.