1. Definitions

1.1. “Star Ceramics Australia Pty Ltd” shall mean Star Ceramics Australia Pty Ltd and it’s successors and assigns.
1.2. “Customer” shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
1.3. “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Customer on a principal debtor basis.
1.4. “Goods” shall men Goods supplied by Star Ceramics Australia Pty Ltd to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5. “Services” shall mean all services supplied by Star Ceramics Australia Pty Ltd to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6. “Price” shall mean the cost of the Goods as agreed between Star Ceramics Australia Pty Ltd and the Customer subject to clause 4 of these terms and conditions.

2. Acceptance

2.1. Any instructions received by Star Ceramics Australia Pty Ltd from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by Sar Ceramics Australia Pty Ltd shall constitute acceptance of the terms and conditions contained herein.
2.2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3. Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of Star Ceramics Australia Pty Ltd.
2.4. None of Star Ceramics Australia Pty Ltd’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of Star Ceramics Australia Pty Ltd in writing nor is Star Ceramics Australia Pty Ltd bound by any such unauthorised statements.
2.5. The Customer undertakes to give Star Ceramics Australia Pty Ltd not less than 14 days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, email, or business practice).

3. Goods

3.1. The Goods are as described on the invoices as provided by Star Ceramics Australia Pty Ltd to the Customer

4. Price and Payment

4.1. At Star Ceramics Australia Pty Ltd.’s sole discretion the Price shall be either;
a) as indicated on invoices provided by Star Ceramics Australia Pty Ltd to the Customer in respect of Goods supplied; or
b) Star Ceramics Australia Pty Ltd.’s current Price, at the date of delivery of the Goods, according to Star Ceramics Australia Pty Ltd.’s current Price list; or
c) Star Ceramics Australia Pty Ltd.’s quoted Price (subject to clause 4.2) which shall be binding upon Star Ceramics Australia Pty Ltd.’s quotation within 30 days.
4.2. Star Ceramics Australia Pty Ltd may withhold delivery on the Goods until the Customer has paid for them, in which event payment shall be made before the delivery date.

5. Delivery of Goods

Delivery timeframe is between 2 – 5 working days to reach the customer after payment is received.

5.1. Delivery of the Goods shall be made to the Customer’s nominated address. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2. Delivery of the Goods to a carrier, either named by the Customer or failing such naming to a carrier at the discretion of Star Ceramics Australia Pty Ltd for the purpose of transmission to the Customer, is deemed to be a delivery of the Goods to the Customer.
5.3. Star Ceramics Australia Pty Ltd may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.
5.4. The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that:​
a) such discrepancy in quantity shall not exceed 5%, and
b) the Price shall be adjusted pro rata to the discrepancy.
5.5. The failure of Star Ceramics Australia Pty Ltd to deliver shall not entitle either party to treat this contract as repudiated.
5.6. Star Ceramics Australia Pty Ltd shall not be liable for any loss or damage whatever due to failure by Star Ceramics Australia Pty Ltd to deliver the Goods (or any of them) promptly or at all.

6. Risk

6.1. If Star Ceramics Australia Pty Ltd retains property in the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2. If any of the Goods are damaged or destroyed prior to property in them passing to the Customer, Star Ceramics Australia Pty Ltd is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade, to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by Star Ceramics Australia Pty Ltd is sufficient evidence of Star Ceramics Australia Pty Ltd.’s rights to receive the insurance proceeds without the need for any person dealing with Star Ceramics Australia Pty Ltd to make further enquiries.

7. Customer’s Disclaimer

7.1. The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of Star Ceramics Australia Pty Ltd and the Customer acknowledges that he buys the Goods relying solely upon his own skill and judgement.

8. Returns/Defects

For any good/s with major faults/defects, a full refund including shipping will be provided as per Australian Consumer Law.

Please ensure you have read the description of the Good/s you intend to purchase before placing your order. All images of the Goods displayed online are only for illustrative purposes, and dimension, sizes and colour of the goods may differ in real life.

Star Ceramics Australia Pty Ltd recommend you carefully preview all orders before proceeding, as refunds are not generally permitted where you have made a wrong selection, found the item cheaper elsewhere or simply changed your mind. Star Ceramics Australia Pty Ltd will provide you with an instore credit.

8.1. The Customer shall inspect the Goods on delivery and shall within 24 hours of delivery notify Star Ceramics Australia Pty Ltd of any alleged defect, shortage in quantity or damage. The Customer shall afford Star Ceramics Australia Pty Ltd an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
8.2. For defective Goods, which Star Ceramics Australia Pty Ltd has agreed in writing that the Customer is entitled to reject, Star Ceramics Australia Pty Ltd.’s liability is limited to either (at Star Ceramics Australia Pty Ltd.’s discretion) replacing the Goods or repairing the Goods provided that:
a) the Customer has complied with the provisions of clause 8.1;
b) the Goods are returned at the Customer’s cost within 14 days of the invoice date;
c) the Goods are of the same colour match as stock on hand;
d) Star Ceramics Australia Pty Ltd will not be liable for Goods which have not been stored or used in a proper manner;
e) the Goods are returned in the condition in which they were delivered and with all packaging material intact;
f) the Goods are accompanied by a copy of the original invoice.

8.3. Star Ceramics Australia Pty Ltd may (in its discretion) accept the Goods for credit but this may incur a re-stocking fee of 20% of the value of the returned Goods plus any freight.
8.4. Star Ceramics Australia Pty Ltd shall not accept any liabilities arising from variation of colour or crazing as may occur in the Goods supplied.

9. Warranty

9.1. For Goods not manufactured by Star Ceramics Australia Pty Ltd, the warranty shall be the current warranty provided by the manufacturer of the Goods. Star Ceramics Australia Pty Ltd shall not be bound by nor responsible for any term, condition, representation or warranty given by the manufacturer of the Goods.

9.2. All Goods sold by Star Ceramics Australia Pty Ltd are for residential use only and not recommended for commercial use.

9.3. Warranty does not include product wear and tear and clean and care instructions as advised must be followed.

9.4. Warranty is void if the Goods are removed without Star Ceramics Australia Pty Ltd.

10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

10.1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provision of the Commonwealth Trade Practices Act 1974 or the Fiar Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

11. Title

11.1. It is the intention of Star Ceramics Australia Pty Ltd and agreed by the Customer that property in the Goods shall not pass until the Customer has paid all amounts owing for the particular Goods.
11.2. Receipt by Star Ceramics Australia Pty Ltd of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Star Ceramics Australia Pty Ltd.’s ownership of rights in respect of the Goods shall continue.
11.3. It is further agreed that:
a) Until such time as ownership of the Goods shall pass from Star Ceramics Australia Pty Ltd to the Customer, Star Ceramics Australia Pty Ltd may give notice in writing to the Customer to return the Goods or any of them to Star Ceramics Australia Pty Ltd. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease.
b) Star Ceramics Australia Pty Ltd shall have the right of stopping the Goods in transit whether or not delivery has been made; and
c) If the Customer fails to return the Goods to Star Ceramics Australia Pty Ltd then Star Ceramics Australia Pty Ltd or Star Ceramics Australia Pty Ltd.’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises as the invitee of the Customer, where the Goods are situated and take possession of the Goods.
d) The Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Star Ceramics Australia Pty Ltd.
e) Star Ceramics Australia Pty Ltd can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer.
f) Until such time that ownership in the Goods passes to the Customer, if the Goods are so converted, the parties agree that Star Ceramics Australia Pty Ltd will be the owner of the end products.

12. Security and Charge

12.1. Despite anything to the contrary contained herein or any other rights which Star Ceramics Australia Pty Ltd may have whatsoever:
a) should Star Ceramics Australia Pty Ltd elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Star Ceramics Australia Pty Ltd from and against all Star Ceramics Australia Pty Ltd.’s costs and disbursements including legal costs on a solicitor and own client basis.
b) to give effect to the provisions of clause 14.1 (a) hereof the Customer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint Star Ceramics Australia Pty Ltd or Star Ceramics Australia Pty Ltd.’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registered or not) including such other terms and conditions as Star Ceramics Australia Pty Ltd and/or Star Ceramics Australia Pty Ltd.’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Customer and/or the Guarantor in any land, realty or asset in favour of Star Ceramics Australia Pty Ltd and in the Customer’s and/or Guarantor’s name as may be necessary to secure the said Customer’s and/or Guarantor’s obligation and indebtedness to Star Ceramics Australia Pty Ltd and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in Star Ceramics Australia Pty Ltd.’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

13. Cancellation

13.1. Star Ceramics Australia Pty Ltd may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. Star Ceramics Australia Pty Ltd shall not be liable for any loss or damage whatever arising from such cancellation.

14. General

14.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2. All Goods supplied by Star Ceramics Australia Pty Ltd are subject to the laws of New South Wales and Star Ceramics Australia Pty Ltd takes no responsibility for changes in the law which affect the Goods supplied.
14.3. Star Ceramics Australia Pty Ltd shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Star Ceramics Australia Pty Ltd of these terms and conditions.
14.4. In the event of any breach of this contract by Star Ceramics Australia Pty Ltd the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of Star Ceramics Australia Pty Ltd exceed the Price of the Goods.
14.5. The Customer shall not set off against the Price amounts due from Star Ceramics Australia Pty Ltd.
14.6. Star Ceramics Australia Pty Ltd may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
14.7. Star Ceramics Australia Pty Ltd reverses the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which Star Ceramics Australia Pty Ltd notifies the Customer of such change.
14.8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.