Warranty
SET IN STONE GUARANTEE
Who can benefit from our Warranty?
Retail customers who are consumers as defined in the Australian Consumer Law to whom we have delivered Goods. It does not apply to Goods which have been collected from our showrooms, Goods where you arranged for delivery from our showroom or Goods sold to wholesale customers. The benefit of this Warranty cannot be assigned or transferred to another person.
Your rights under the Australian Consumer Law
If you are a consumer under the Australian Consumer Law, the benefits are given to you under this Warranty are in addition to, and do not limit or derogate, your rights and remedies at law in relation to your Goods, including under the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth).
Consumer guarantees (under the Australian Consumer Law) have no set time limit but generally last for an amount of time that is reasonable to expect, given factors such as the cost and quality of the Goods or any representations made.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
How to claim under our Warranty
To make a claim under this Warranty, you must notify us within 48 hours after delivery of your Goods by us or our delivery partner of any fault, defect or error in the Goods (Defect) along with a description and photographs of the relevant Defect. You must provide any other information we reasonably require to assess your claim. We will notify you of our determination as to whether your claim is valid under this Warranty and any determination we make will be final and binding.
If your claim under our Warranty is successful
Subject to the rights and remedies of a consumer under the Australian Consumer law, if we determine your claim under this Warranty is successful, we will:
- repair the Defective Goods or replace the Defective Goods (the decision of whether to repair or replace is at our sole discretion); or
- if we are unable to repair or replace the Defective Goods, we will offer you a choice of credit, refund or compensation as applicable to the Defect.
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We may ask you to return defective Goods at your cost and you must ensure the goods are in original condition and accompanied by any packaging in which they arrived.
We cannot guarantee that the original Goods will still be available if the Goods are to be replaced. If the Goods are no longer available, a replacement by an alternative product of the same quality will be provided.
Delivery costs
Where we replace the Goods, we may pay for the delivery costs if the delivery address is within the Melbourne metropolitan area. If we require that you pay the delivery costs, we will notify you of the cost at the time we inform you of your successful claim.
Exclusions from our Warranty
The following are not covered by our Warranty:
- any Defects caused or contributed to by an act or omission, accident, or negligence by you or any third party not engaged by us (including any tiler);
- any custom-made or specially ordered Goods;
- natural colour variation (there will be natural colour variation due to the nature of our Goods), veining and other markings;
- minor surface marks and blemishes;
- minor insignificant differences between our sample Goods and the Goods you purchased; and
- any act of God or force majeure event (including but not limited to war, riot, invasion, an act of terrorism, contamination, earthquake, flood, fire, or other natural disasters, or any other event or circumstance beyond our reasonable control).
General
To the maximum extent permitted by law, this Warranty will be void, we will have no liability, and you waive and release us from any liability under this Warranty once the Goods have been altered, installed or laid.
We will have no liability, and you waive and release us from any liability, for any delays (including any costs arising out of any delays) in providing any work or services (including repairs) under this Warranty, or in assessing any claim made by you under or in relation to this Warranty.
This Warranty is incorporated in and forms part of our retail terms and conditions for the sale of goods (Terms and Conditions). Goods are as defined in the Terms and Conditions. To the maximum extent permitted by law, our liability under this Warranty will be limited and excluded in accordance with any limitation or exclusion of liability set out in the Terms and Conditions.
This Warranty is governed by the laws of Victoria and the Commonwealth of Australia. Each party to this Warranty irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
Who is providing the Warranty?
Grayville Pty Limited, trading as R.M.S. Indian Traders (ABN 26 006 903 000) 6 Nevada Court, Hoppers Crossing, VIC, 3029. 03 9748 7788, sales@rmstraders.com.au