Terms and Conditions

1. DEFINITIONS

In these terms and conditions, the following definitions apply:

“Agreement” includes the agreement details and these terms and conditions, which are available on the WA LIMESTONE website via the following link: https://walimestone.com/

“Business Day” means a day on which banks are open for business in Perth, Western Australia, other than a Saturday, Sunday, or public holiday recognised in Perth, Western Australia.

“Consequential losses” means any consequential or indirect loss or damage, loss of profit or anticipated profit, business interruption losses, production losses, loss of revenue or loss of use.

“Customer” means the person(s) set out in the agreement details (and if more than one person, means each of those persons severally and all of them jointly).

“WA LIMESTONE”, “We”, “Us” or “Our” means either P.M.R Quarries Pty Ltd (ABN 67 478 411 404) t/as WA Limestone, or Ransberg Pty Ltd (ABN 32 094 536 765) t/as WA Bluemetal, as set out in the agreement details.

2. QUOTATIONS

• Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s order has been accepted in writing by WA LIMESTONE.
• WA LIMESTONE shall not be bound by any conditions attaching to the Customer’s order or acceptance of a quotation and, unless such conditions are expressly accepted by WA LIMESTONE in writing, the Customer acknowledges that such conditions are expressly
• Each quotation is subject to and conditional upon obtaining any necessary import, export or other licence as required by applicable laws.

3. ORDERS

• Orders will be initiated by the Customer issuing a purchase order (“Order”) to WA LIMESTONE.
• Orders will identify description of product to be supplied, delivery trucking method, unit quantities, applicable prices and requested delivery dates.
• Orders are to be in writing and can be submitted via mail, email, or over the telephone through Our truck schedulers.

4. CUSTOMER’S CANCELLATION

• The Customer may, without charge, cancel an Order for standard Products provided that WA LIMESTONE has not commenced production on such Order and the cancellation request is received at least ten (10) Business Days prior to the intended delivery date.
• If the Customer requests to cancel an Order for standard Products and either WA LIMESTONE has already commenced production on such Order, or the cancellation request is received by WA LIMESONE less than ten (10) Business Days prior to the intended delivery date, then WA LIMESTONE may, in its sole discretion, elect to accept the cancellation request, with such acceptance to be subject to the payment of a termination charge determined by WA LIMESTONE (acting reasonably).
• The Customer may not cancel or terminate an Order for non-standard Products, unless it has obtained the prior written consent of WA LIMESTONE and made payment to WA LIMESTONE of the termination charge determined by WA LIMESTONE (acting reasonably).

5. TERMS OF PAYMENT

• Payment to WA LIMESTONE for goods delivered and accepted on credit is due within 30 days from the date in which the Customer is invoiced for the goods.
• If the Customer fails to make payment in accordance with clause 5(a), all amounts owing by the Customer to WA LIMESTONE shall immediately become due and payable on demand.
• Interest shall accrue on any outstanding amounts at the rate of 10% per annum calculated on a daily basis from the due date until the day it is paid.

6. TAXES

Except where stated otherwise, all prices quoted are exclusive of GST and any other Government charges and taxes that may be levied now or in the future will be at the Customer’s expense.

7. VARIATIONS

WA LIMESTONE is not obliged to carry out any variation which is outside the scope of the Goods and Work. Any variation that WA LIMESTONE does carry out shall be subject to these terms and conditions and shall be charged to and paid for by the Customer at an agreed rate or failing agreement at the rate determined by WA LIMESTONE.

8. FORCE MAJEURE

If the performance or observance of any obligations of WA LIMESTONE is prevented, restricted or affected by reason of a force majeure event including but not limited to:

• strikes and labour disputes;
• acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
• acts of God, lightning, earthquakes, floods, storms, explosions, fires and any natural disaster; and
• materials or labour shortage, the change or introduction of any law or regulation or an act or omission of any supplier or other third party or any failure of any equipment owned or operated by them or any other cause beyond the reasonable control of WA LIMESTONE,
  then WA LIMESTONE may, in its absolute discretion give prompt notice of that cause to the Customer.

On delivery of that notice WA LIMESTONE is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.

WA LIMESTONE must use all reasonable diligence to overcome the force majeure event as quickly as possible but, for the avoidance of doubt, this obligation does not extend to requiring WA LIMESTONE to settle any labour or other dispute creating the force majeure event on terms contrary to its wishes.

9. DELIVERY

• The Customer (or its representative) must be present at the scheduled time for delivery at the discharge location that is stated in the agreement details.
• Proof of delivery by WA LIMESTONE can be substantiated by the signature of the Customer (or its representative) and/or the geo-location of the delivery as recorded at the discharge location, as available.
• If the Customer is not present at the discharge location at the scheduled time for delivery, then WA LIMESTONE may complete the delivery if in its opinion it is safe and reasonable to do so, or if WA LIMESTONE is unable to determine that it is safe and reasonable to complete the delivery, it may return to the quarry and is permitted to charge the Customer its delivery costs inclusive of the return to the quarry.

10. INSPECTION AND ACCEPTANCE

The Customer shall inspect all goods upon delivery and shall within two (2) Business Days of delivery give notice to WA LIMESTONE (as named in the relevant invoice) or of any matter or thing by which the Customer alleges that the goods are not in accordance with the Order. Failing such notice, and subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Cth), the goods shall be deemed to have been delivered to and accepted by the Customer.

11. LIABILITY

• To the maximum extent permitted by law, the maximum amount of liability that WA LIMESTONE will have to the Customer is limited (in the aggregate) to the lesser of AUD2 million or five times the total amount actually paid by the Customer to WA LIMESTONE under this Agreement, and the Customer acknowledges and agrees that it will release WA LIMESTONE from any further liability exceeding that maximum amount.
• The parties exclude liability for any consequential or indirect loss arising under or in connection with this Agreement.
• Without limiting the other limitations provided for in this clause 10, to the maximum extent permitted by law, WA LIMESTONE limits its liability in respect of the goods and services to replacement of the goods, re-supply of the service, or the supply of equivalent goods or services.

12. DEFAULT OF CUSTOMER

If these terms and conditions are not strictly observed by the Customer, WA LIMESTONE may in its absolute discretion, refuse to supply to the Customer and WA LIMESTONE shall not be liable to the Customer for any loss or damage the Customer may sustain as a result of such refusal. The costs of collection of any moneys are due and payable by the Customer, including the fees of any mercantile agent or lawyer engaged by WA LIMESTONE.

13. OH&S COMPLIANCE

• Each party agrees that it and its personnel must comply with all relevant laws including obtaining any necessary certificates, licenses, consent, permits and approvals of any organisation having jurisdiction required for the supply and delivery of the goods.In addition to each party’s obligations detailed above, each party must comply with the obligations set out in the Occupational Health and Safety Act 1984 (WA), Occupational Health and Safety Regulation 1996 (WA), or alternatively, the Mines Safety and Inspection Act 1994 (WA) and the Mines Safety and Inspection Regulation (WA) 1995.
• If WA LIMESTONE’s delivery vehicle is required to leave a public road to gain access to the delivery location, the Customer shall at all times indemnify WA LIMESTONE against any loss or damage or any claims made by or through the Customer or any third party arising from gaining access unless solely caused by WA LIMESTONE’s negligent act or omission.
• WA LIMESTONE may in its discretion refuse to deliver, or deliver at an alternative discharge location, if it is of the reasonable opinion that the Customer has failed to perform its obligations or it is unsafe to discharge the load.

14. MATERIAL QUALITY

The Customer acknowledges and agrees that quarry or recycling materials of a particular description supplied as part of the goods vary as to the uniformity of grading of material, size, shape moisture content, degradation factor, hardness, texture and other characteristics and WA LIMESTONE expressly disclaims any liability with respect to such variations. All products are produced to Main Roads WA 501 Specification Guidelines and Australian Standard 2758 (where applicable).

15. GENERAL MATTERS

• If there is any inconsistency between these terms and conditions and any other document or agreement between the parties, these terms and conditions will prevail.
• The Agreement is the entire agreement. The only duties, obligations and responsibilities we have arising from or in connection with the subject matter covered by the Agreement are those expressly set out in the Agreement and any other duties, obligations and responsibilities we might have are excluded.
• The Customer authorises WA LIMESTONE to destroy documents that it prepares or holds in connection with the goods and services provided 5 years after the date on which WA LIMESTONE sends the Customer its final invoice.
• If any of these terms or conditions would be invalid, unenforceable or void, the relevant term or condition must be read down to the maximum extent possible to prevent that occurring.
• This Agreement can only be amended or varied by a written document signed by both parties.
• The Customer will indemnify WA LIMESTONE against any claim by, or liability to, a third party arising from, in respect of or in connection with the goods and services provided, and all expenses we incur defending or settling such claim or liability.
• Neither party may assign or transfer this Agreement or any right or obligation under the agreement without the other party’s written consent.
• Rates are subject to realistic production and/or delivery schedules being presented and mutually agreed.
• Medical, drug & alcohol and similar professional services will re-charged at cost plus 15%.