Darth Industries - Australia

TERMS AND CONDITIONS OF SALE

Darth Industries Holdings Pty Ltd (ABN 65 664 953 833)

1. Application of Terms

These Terms and Conditions apply to all sales of goods supplied by Darth Industries Holdings Pty Ltd (“Darth Industries”, “we”, “us”). By purchasing goods, the customer (“you”) agrees to be bound by these Terms.

2. Inspection Upon Delivery

All goods must be inspected immediately upon delivery. No claims for damaged stock will be accepted without clear and acceptable photographic evidence provided at the time of delivery.

Any incorrect, damaged, or short deliveries must be reported in writing within 24 hours of receipt. Signing any delivery documentation confirms that goods have been received in full and in good condition.

3. Pre-Installation Responsibility

Prior to installation, you must ensure that all goods:

Are correct in type, size, and quantity
Are from the same shade/batch where required
Are suitable for the intended purpose
Are free from visible defects

If any issue is identified, DO NOT INSTALL and contact us immediately.

4. Installation Constitutes Acceptance

Installation of goods constitutes full acceptance.

To the maximum extent permitted by law, no claims will be accepted after installation, including claims relating to:

Defects
Incorrect product selection
Shade or size variation
Fitness for purpose
Labour, delays, or associated costs

5. Product Variation (Shade, Size & Finish)

You acknowledge that:

Shade/batch variation and surface characteristics (including crazing) are inherent in ceramic and porcelain products
Samples are indicative only
Tile sizes are nominal and may vary between batches
Slip ratings are indicative only and may vary between batches

It is your responsibility to confirm suitability prior to purchase and installation.

6. Quantities & Batch Consistency

You are responsible for ordering sufficient quantities to complete your project.

Darth Industries does not guarantee that future orders will match the original batch, shade, or calibre. Additional orders may incur handling and delivery charges.

7. Cleaning, Maintenance & Site Protection

You must:

Protect all installed surfaces during construction
Remove grout haze in accordance with manufacturer instructions
Use appropriate cleaning methods

The use of acids or harsh chemicals may alter the product surface. Darth Industries accepts no liability for damage caused after installation or treatment.

8. Returns Policy

Returns are subject to approval and must comply with the following:

Goods must be in original, unused condition
A 20% handling fee applies to all returns
Original delivery charges are non-refundable
Partial returns may incur proportional freight charges
Returns must be completed within 7 days of approval
Minimum batch/stock holding restrictions apply

You are responsible for arranging return transport unless otherwise agreed.

Vehicle Loading and Customer collections:

Customers collecting goods must provide a suitable commercial vehicle, truck, trailer or other transport equipment that is capable of safely carrying the size, weight and nature of the goods being collected.

Darth Industries does not provide manual or hand-loading services. Goods will only be loaded by forklift or other mechanical equipment where our staff consider it safe and reasonably practical to do so.

Darth Industries may refuse to load any vehicle, including a passenger vehicle, utility, van, trailer or other non-commercial vehicle, where the vehicle is considered unsuitable, overloaded, inaccessible or unsafe.
Where a customer requests or permits goods to be loaded into or onto a non-commercial vehicle e.g. passenger vehicle, SUV, utility vehicle, van, trailer or other vehicle that is not purpose-built, rated, registered or ordinarily used for the commercial transport of palletised, heavy or bulk goods. This includes privately owned vehicles and trailers where the load capacity, suspension, dimensions, load restraint points or loading access may be unsuitable for the goods being collected, the loading is undertaken entirely at the customer’s risk. The customer accepts responsibility for determining whether the vehicle is suitable and for any damage caused to the vehicle, including damage to its bodywork, tray, suspension, tyres, interior, tailgate or other components

The customer is responsible for:

providing clear and accurate loading instructions;
ensuring the vehicle is positioned safely for loading;
confirming the vehicle’s load capacity and weight limits;
Inspecting the vehicle and goods immediately after loading; and
properly positioning, restraining and securing the goods before leaving the premises.
Darth Industries is not responsible for any loss, damage, injury, overloading, load movement or other consequence arising from the use of an unsuitable vehicle, the customer’s loading instructions, or the customer’s failure to adequately restrain or secure the goods.
To the maximum extent permitted by law, Darth Industries accepts no liability for damage to a customer’s vehicle or transport equipment arising during a customer pick-up.

To the maximum extent permitted by law:

Our liability is limited to the replacement or supply of equivalent goods
We are not liable for any indirect, consequential, or economic loss, including loss of profits, project delays, or labour costs

11. Governing Law

These Terms are governed by the laws of Australia. Any disputes will be subject to the jurisdiction of the courts of the relevant State or Territory.