Terms and Conditions of Sale

 

When these Terms are in force

  1. These Terms apply whenever Goods or Services are quoted for, sold, supplied, or delivered by Frankston Sand & Soil to a Customer.
  2. Requesting or accepting a Quotation from, placing an Order with, or accepting a supply or Delivery of Goods or Services from Frankston Sand & Soil by a Customer constitutes acceptance by the Customer of these Terms.
  3. To the extent permitted by Law, it is a condition of the Quotation, sale, supply and Delivery of Goods and Services by Frankston Sand & Soil to a Customer that the Customer accept that these Terms apply as provided in Clause 1, regardless of the provisions of any other document or instruction of the Customer, including any purchase order terms subsequently given to Frankston Sand & Soil by the Customer.
  4. Where Frankston Sand & Soil and a Customer enter into a supply agreement for Goods or Services, these Terms shall continue to apply to the extent they are not inconsistent with the terms of the supply agreement.

Conditions of Quotation or ordering

  1. The Customer warrants that:
    1. a. the Customer will provide all Relevant Information to Frankston Sand & Soil when seeking a Quotation or placing an Order for Goods or Services from Frankston Sand & Soil;
    2. b. any Relevant Information supplied by the Customer to Frankston Sand & Soil is accurate and complete;
    3. c. in giving any Quotation, accepting any Order or supplying or delivering any Goods or Services, Frankston Sand & Soil will be entitled for all purposes to rely upon the accuracy and completeness of any Relevant Information provided by the Customer;
    4. d. subject to any Law to the contrary, unless Frankston Sand & Soil makes an express representation to the contrary in writing, the Customer will not allege or in any circumstances maintain:
      1. i. that Frankston Sand & Soil had, or should be taken to have, approved of or represented any specification (whether supplied by the Customer, by Frankston Sand & Soil or by a third party) as being suitable for any particular purpose; or
        j. that Frankston Sand & Soil is liable for any Loss to the extent that the Loss results from or is attributable to any defects in, or unsuitability of, the specification.
        the Customer has formed its own opinion as to the correctness or otherwise of any information or advice provided by or any representation made by Frankston Sand & Soil (including as to product design and application) in connection with any Goods or Services quoted for, Ordered from or supplied or Delivered by Frankston Sand & Soil and does not rely on Frankston Sand & Soil in respect of such information, advice or representation or maintain or allege that it has so relied; and
    5. e. unless the Customer notifies Frankston Sand & Soil to the contrary prior to or when placing an Order for the Goods, the Customer is, and has held itself out to be, acquiring the Goods for either the purpose of re-supply (in an altered form or condition or to be incorporated into other goods) or for the purpose of using them up or transforming them in trade or commerce in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on hand.
  2. Testing of concrete and/or Aggregates or other technical Services will not necessarily be carried out or provided, unless ordered by the Customer.
  3. Cancellation of Orders / Refunds
    Orders may be cancelled if goods have not yet been dispatched. If goods have been dispatched but not yet delivered (in the case of truck deliveries), a refund minus the delivery fee may be considered. If goods have been posted, immediate online refunds may not be possible. Returns of goods in their original condition within 7 days will warrant a refund (excluding postage or delivery fees). Refunds will be processed via the original payment method (e.g., credit card payments will be refunded to the credit card). No refunds will apply to Garden Supplies products sold by the meter and delivered, such as mulch, soils, pebbles, etc., without a receipt.
  4. Faulty Goods
    If you suspect a fault with an item received, contact us immediately for a replacement or refund. Returns are subject to the discretion of Frankston Sand & Soil.

Delivery of Goods

  1. The Customer shall take full responsibility for assessing any requirements for traffic management associated with a Delivery to the Customer and for putting in place all traffic management measures which the Customer ought reasonably to know are required in all the circumstances of the Delivery.
  2. Unless the Customer otherwise requires, Delivery will be made to the kerbside nearest the Delivery address. If the Customer requires the Delivery vehicle to leave a public road to gain access to the discharge or unloading location, the Customer shall:

a. ensure that the vehicle has a safe, suitable and unrestricted route between the kerbside nearest to the Delivery address and the discharge or unloading location; and
b. indemnify Frankston Sand & Soil against any Loss arising from events occurring while gaining such access unless solely caused by Frankston Sand & Soil’s negligent act or omission.

  1. Frankston Sand & Soil may refuse to deliver if it is of the opinion that the Customer has failed to perform its obligations under Clause 9 or 10(a) and will be indemnified by the Customer against any Loss arising from the refusal.
  2. Subject to Clause 15, the Customer shall, before the Delivery of the Goods, check for any difference between the Goods as delivered, the description or quantity of the Goods appearing on the Delivery Docket and the Customer’s Order placed with Frankston Sand & Soil.
  3. If the Customer disagrees with any of the details on the Delivery Docket or if there is a difference between the Goods as delivered, the description or quantity of the Goods appearing on the Delivery Docket or the Goods Ordered, then the Customer must elect whether to accept or reject the Goods in whole or in part, and thereafter:

c. if the Customer accepts all or some of the Goods, the Customer will be taken to have Ordered what is delivered; and
d. if the Customer rejects all or some of the Goods, the Customer shall advise Frankston Sand & Soil of details sufficient to accurately identify the nature of such disagreement or difference before the Delivery vehicle departs from the Delivery address.

  1. If the Customer accepts the Goods then:

e. before delivering the Goods, Frankston Sand & Soil shall complete the then relevant Delivery Details on the Delivery Docket and make it available to the Customer; and
f. after Delivery, Frankston Sand & Soil shall complete the Delivery Details and enter the quantity of any returned Goods on the Delivery Docket and any water added on site at the Customer’s request and make available a copy of the completed Delivery Docket to the Customer.

  1. If the Customer is not present at the Delivery location at the time of Delivery, Frankston Sand & Soil may, in its absolute discretion, elect to refuse to deliver the Goods but, in those circumstances, the Customer will none the less be liable to pay for those Goods as if they had been delivered.
  2. Notwithstanding any other provisions of these Terms, if the Customer is not present at the Delivery location at the time of Delivery, or the Customer is present but does not advise Frankston Sand & Soil of any disagreement or difference on the Delivery Docket in accordance with Clause 13 and the Goods are discharged then, to the extent permitted by Law:

g. the Customer shall be deemed to have unreservedly accepted both the Delivery and the accuracy of the Delivery Details.
h. Frankston Sand & Soil shall have no Liability to the Customer for Loss in respect of any difference between the description and quantity of the
Goods appearing on the Delivery Docket and the Customer’s Order.
i. the Customer irrevocably waives all of its rights to reject the Goods referred to in the Delivery Docket; and
j. the Delivery Docket shall be prima facie evidence of all matters recorded thereon including the Delivery Details and the application of Delivery related surcharges.
Sub-clause (c) shall not apply in relation to any defect, non-conformity or failure which would not have been apparent upon reasonably diligent inspection at the time of Delivery.

Payment

  1. The amount payable by the Customer to Frankston Sand & Soil shall be calculated by reference to the quantities of Goods and Services shown on the relevant Delivery Docket, at the Applicable Rate, plus any applicable delivery fee.
  2. When Aggregates are sold by volume rather than weight, their volume will be determined by their loose uncompacted volume as measured on the Delivery vehicle by using the applicable weight to volume conversion factor at the time of loading.
  3. The Customer shall pay the amount payable to Frankston Sand & Soil prior to Delivery or within the relevant credit period which Frankston Sand & Soil has advised in writing.
  4. Frankston Sand & Soil is entitled to charge the Customer interest on amounts not paid at the time they are payable under Clause 19 at the interest rate payable from time to time on unsatisfied judgement debts under the Governing Law from invoice date until payment and the Customer shall be liable to Frankston Sand & Soil for all Costs.
  5. The Customer hereby irrevocably agrees that it is not entitled to withhold payment of the whole or any part of an amount payable to Frankston Sand & Soil under these Terms by the way of retention or set-off for any reason whatsoever.
  6. In the event of any dispute arising between Frankston Sand & Soil and the Customer as to whether an amount is payable, the Customer shall, within the relevant period under Clause 19, pay to Frankston Sand & Soil the amount claimed by Frankston Sand & Soil to be payable (including any amount charged by Frankston Sand & Soil under Clause 20), to be held by Frankston Sand & Soil until settlement of the dispute.
  7. A statement signed by Frankston Sand & Soil certifying any amount payable by the Customer to Frankston Sand & Soil, including any Costs, interest or other claims whether under these Terms or otherwise, shall, in the absence of manifest error, be prima facie evidence of the amount payable.
  8. Each amount payable by the Customer under these Terms in respect of a Taxable Supply is exclusive of GST and the Customer must, in addition to that amount and at the same time and manner, pay the GST payable in respect of that supply upon receipt of a tax invoice. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Services) Act 1999.
  9. Concrete waiting times

Less than 3m concrete has an unload time of 20 min.
Greater than 3m concrete has an unload time of 30min.
After this time a charge of $4.40 per minute will be applied
After 1 Hour onsite the truck will be forced to leave site.
Concrete return and tip fees apply as follows: 0.4m3-0.8m3 – $77.00
0.9m3-1.5m3 – $198.00 1.6m3 & over – $275.00

Special conditions for concrete

  1. Clauses 27 to 30 inclusive apply only to the sale of concrete by Frankston Sand & Soil.
  2. Unless otherwise agreed in writing by Frankston Sand & Soil and the Customer, pre-mixed concrete will comply generally with AS1379 and will contain materials of Frankston Sand & Soil’s choice, including where applicable recycled and returned materials.
  3. Unless otherwise stated in the Quotation, concrete is supplied as, and prices are based on, “Normal Class Concrete” as specified in AS1379, having a nominal slump not exceeding 80mm and using a nominal 20mm maximum size aggregate. If the Customer requires a slump other than 80mm or aggregate with a maximum size other than 20mm, a surcharge at the Applicable Rate will apply. If compliance with AS1379 requires the addition of a cooling agent, a surcharge to the quoted price at the Applicable Rate will apply.
  4. Frankston Sand & Soil may charge for any concrete and for the return cartage, handling and disposal costs relating to any concrete Ordered by the Customer and batched by Frankston Sand & Soil which is returned or rejected by the Customer because:
    a. the Customer cancels or does not accept Delivery even though the concrete was batched in accordance with the Customer’s Order.
    b. the Customer was unable to use the full quantity Ordered; or
    c. the time between batching and discharge exceeds the time permitted by AS1379 or the specification that covers the project being supplied, provided that the excess time was not due to Frankston Sand & Soil’s acts or omissions
  5. Frankston Sand & Soil shall not be liable in any circumstances for any Loss arising from any alleged defect, non-conformity or failure in any concrete delivered, caused by, contributed to or arising from:
    c. preparing, handling, placing, working, curing, pumping, compacting, surface finishing, rolling or levelling of the concrete not being in accordance with any applicable Australian Standard, specification or guidelines applying to the work.
    d. the addition, without the written instructions of a representative of Frankston Sand & Soil other than the driver, of any water, admixtures, additives or other material to the concrete:
    1. prior to Delivery commencing:
      A. by the Customer or a third party; or
      B. by Frankston Sand & Soil at the request or specification of the Customer or a third party; or
    2. after Delivery has commenced (either before or after discharge from the Delivery vehicle):
      A. by the Customer or a third party; or
      B. by the Delivery vehicle driver on the instruction of the Customer or a third party;

e. the effect of any weather conditions or temperature including heat, cold, rain, wind, or hail; or
f. any act or omission (including construction or site practices) of the Customer or a third party.

Special conditions for Consumer Online Ordering Portal

  1. Frankston Sand & Soil is not liable for any information provided by the Customer.
    a. any decision or recommendation by Frankston Sand & Soil based on any information provided by the Customer including whether a particular product is suitable for a Customer’s requirements or whether the quantity of products is suitable for a Customer’s requirements;
    b. the adequacy, accuracy, completeness or veracity of any information or advice, whether technical in nature or not, provided by Frankston Sand & Soil to the Customer or for any interpretation, opinion or conclusion that a Customer may place on this information or advice;
    c. any liability (including, without limitation, any liability arising from fault of negligence) whether direct or indirect or consequential, for any loss, damage, cost, expense, charge, outgoing, interest, loss of profits or loss of any kind suffered or incurred by the Customer, as a result of or in connection with the provision, use of, or reliance on the information provided in the Consumer Online Ordering Portal.
    d. correcting, updating or revising any information provided in the Consumer Online Ordering Portal.
    e. the delivery address or delivery location including whether they are suitable for delivery of any products.
    f. whether the selection of a particular delivery vehicle is suitable for the delivery of the products; and
    g. any handling of the product after the product has been delivered to the kerbside nearest to the delivery address. This clause 31 applies only in respect of orders placed by the Customer using the Consumer Online Ordering Portal.

Special conditions for Decorative Concrete

  1. Clauses 33 and 34 apply only to the sale of decorative concrete by Frankston Sand & Soil.
  2. The Customer acknowledges and agrees that it understands and accepts that:

a. Frankston Sand & Soil supplies decorative concrete in a plastic or semi liquid form comprised of assorted materials including cement, Aggregates, colour pigments, additives and admixtures mixed in accordance with the Customer’s selections or directions and the relevant Australian Standards.
b. Frankston Sand & Soil can only supply a mix capable of being laid and finished in a way that achieves a finish depicted in any brochures or other materials published by Frankston Sand & Soil, if the Customer accurately specifies the selected finish. Achieving the selected finish is the responsibility of the Customer or the Customer’s selected contractor.
c. Aggregates vary in their reaction to exposure to the elements and that because of this Frankston Sand & Soil has no Liability for any future colour changes or oxidation of Aggregates that have been so exposed unless the Customer or the Customer’s selected contractor has, before placing an Order for decorative concrete, informed Frankston Sand & Soil that the Customer or the Customer’s selected contractor, proposes to achieve a finish that involves exposure of the Aggregates to the elements.
d. A honed or polished finish can only be achieved using mixes that have been formulated so as to make the achievement of these finishes possible, and that because of this Frankston Sand & Soil has no Liability flowing from a failure to achieve a honed or polished finish unless the Customer or the Customer’s selected contractor has, before placing an Order for decorative concrete, informed Frankston Sand & Soil that the Customer or the Customer’s selected contractor proposes to achieve such a finish.
e. The Aggregates and other materials used in decorative concrete are subject to natural variations which could cause colour variation to the finished product and that because of this the colours depicted in any brochures or other materials published by Frankston Sand & Soil can be indicative only of the finished colours that can be achieved by the Customer or the Customer’s selected contractor. This Clause does not affect or limit the operation of Clause 31.

  1. To the extent permitted by Law, Frankston Sand & Soil accepts no responsibility for poor placement or finishing practices or for the final appearance, texture or colour of any finished decorative concrete product.
  2. Notwithstanding any other provision of these Terms, for sales or deliveries to Customers who are Consumers, Frankston Sand & Soil’s Liability for a breach of a guarantee arising by operation of Division 1 of Part 3-2 of Schedule 2 of the Act (other than Sections 51, 52 or 53 of that Schedule) is limited to one of the following, at Frankston Sand & Soil’s election:
    a. in the case of Goods other than Goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the replacement of the Goods or the supply of equivalent Goods, repair or payment of the cost of replacement or repair of the Goods or of acquiring equivalent Goods; and
    b. in the case of Services other than Services of a kind ordinarily acquired for personal, domestic or household use or consumption, supplying the Services again or payment of the cost of having the Services supplied again.
  3. Notwithstanding any other provision of these Terms, for deliveries to Customers who are not Consumers:

c. All conditions or warranties which would be implied into these Terms by Law are excluded unless such exclusion is forbidden or made void by Law.
d. Subject to Sub-Clause 36 (e), Frankston Sand & Soil’s maximum aggregate Liability to the Customer in respect of any claim for Loss in relation to defective or non-conforming or non-complying Goods or Services is limited to one of the following, at Frankston Sand & Soil’s election:

i. in relation to defective or non-complying Goods, the replacement of the Goods or the supply of equivalent Goods, repair or payment of the cost of replacement or repair of the Goods or of acquiring equivalent Goods; and
ii. in relation to defective or non-complying Services, supplying the Services again or payment of the cost of having the Services supplied again.

e. Notwithstanding Sub-Clause 33 (d), Frankston Sand & Soil shall not in any circumstances be liable for any Loss, arising directly or indirectly from delays in Delivery or failure to deliver for any cause or reason including traffic delays, equipment breakdown, of raw materials, inclement weather and labour disputes.
f. If the Customer agrees (whether before or after any agreed rectification) to accept defective, non-conforming or non-complying Goods or Services Frankston Sand & Soil will have no further Liability in relation to those Goods or Services and the Customer releases Frankston Sand & Soil and indemnifies Frankston Sand & Soil against any further Liability in relation to those Goods or Services.
g. The Customer hereby irrevocably indemnifies Frankston Sand & Soil in respect of that part of any damages Frankston Sand & Soil may be ordered to pay to a third party:

i. under Division 2 of Part 5-4 of Schedule 2 of the Act which arise from the supply of Goods or Services other than Goods or
Services of a kind ordinarily acquired for personal, domestic or household use or consumption to the Customer; or
ii. in any other case –
which exceeds the lowest of the cost of replacing the Goods, supplying the Services again, obtaining equivalent Goods or Services or having the Goods repaired.

h. Frankston Sand & Soil’s Liability under s274 of Schedule 2 of the Act is limited to paying an amount equal to the cost of replacing the Goods concerned, obtaining equivalent Goods or having them repaired.

  1. Where Goods or Services are Ordered by the Customer in reliance upon a Quotation issued by Frankston Sand & Soil to the Customer for work to be undertaken by the Customer in respect of a project or in an area nominated by the Customer, all of the Goods and Services Ordered for that project or area shall be deemed to constitute a single acquisition and the total amount payable for all such Goods and Services shall be taken to be the amount payable for the Goods or Services so acquired for all purposes including the purposes of the Act.
  2. Notwithstanding anything else contained in these Terms or in any Law, to the extent not prohibited by Law, Frankston Sand & Soil shall not in any circumstances be liable to the Customer for Consequential Loss.
  3. To the extent permitted by Law, Frankston Sand & Soil shall not be liable for any claim by the Customer alleging a Loss arising out of the Quotation, sale, supply or Delivery of Goods or Services under these Terms unless:
    a. Frankston Sand & Soil is notified by the Customer in writing of any alleged defect, non-conformity or failure giving rise to the claim within 14 days of the Delivery or such later date as the Customer became, or ought reasonably to have become, aware of the events or circumstances on which the claim is based.
    b. the Customer allows Frankston Sand & Soil reasonable facilities to investigate any such defect, non-conformity or failure promptly, to advise the
    Customer of any appropriate remedial action and follows any such reasonable advice.
    c. a fully particularised claim is lodged in writing with Frankston Sand & Soil not later than 2 months after the Customer became or ought reasonably to have become aware of the events or circumstances on which the claim is based.
  4. In pursuing a claim against Frankston Sand & Soil a Customer may only rely upon test results if they have been arrived at by a NATA certified laboratory using tests carried out in accordance with all applicable Australian Standards.

General

  1. If the Customer fails whatsoever or howsoever to comply with any of these Terms, Frankston Sand & Soil shall have the right at its option to suspend further performance of its obligations to the Customer and/or to terminate any contract with the Customer without affecting any other right or remedy of Frankston Sand & Soil.
  2. To the maximum extent permitted by Law, the Customer indemnifies Frankston Sand & Soil against any Loss to the extent the same was caused or contributed to by any negligent or wilful act or omission of, or any breach of or failure to comply with these Terms by, the Customer.
  3. Property in the Goods shall not pass until the Customer has paid all moneys payable to Frankston Sand & Soil under these Terms in full. Risk in the Goods passes to the Customer at the time of Delivery. Until payment of all moneys payable by the Customer to Frankston Sand & Soil, the Goods are subject to the following terms:
    d. The Customer holds the Goods as fiduciary, bailee and agent for Frankston Sand & Soil and must keep the Goods physically separate from all other goods of the Customer, and clearly identified as owned by Frankston Sand & Soil.
    e. If an Event of Default occurs, then without prejudice to Frankston Sand & Soil’s other rights, Frankston Sand & Soil may without notice to the Customer enter any premises occupied by the Customer or any other place where the Goods may be and recover possession of them. If the Customer sells any of the Goods while money is owed to Frankston Sand & Soil, the Customer must keep the proceeds of the sale in a separate account and not mix them with any other funds.
    f. If the Customer uses the Goods in some manufacturing or construction process of its own or of some third party, then the Customer shall hold such part of the proceeds of such manufacturing or construction process as relates to such Goods in trust for Frankston Sand & Soil. Such part shall be deemed to equal in dollar terms the amount owing by the Customer to Frankston Sand & Soil and at the time of payment of such proceeds the Customer’s obligation to pay the amount owed for such Goods will be discharged.
    g. If the Goods are resold, or products using the Goods are manufactured and resold by the Customer, the Customer holds the entire book debts owed in respect of such sales and proceeds of such sales in trust for Frankston Sand & Soil. Such part of the book debts and proceeds shall be deemed to equal in dollar terms the amount owed by the Customer to Frankston Sand & Soil at the time of the receipt of such book debts.
  4. In the event that there is failure to deliver or any time delay in Delivery due to any cause whatsoever beyond Frankston Sand & Soil’s control including weather, fire, labour dispute, strike or due to the inability of Frankston Sand & Soil to obtain raw materials in a timely fashion from Frankston Sand & Soil’s planned source (whether or not such source is known to the Customer):
    h. Frankston Sand & Soil will not be liable for any Loss sustained by reason of any such failure or delay; and
    i. Frankston Sand & Soil will be entitled to suspend deliveries for such period as it may think fit or terminate the agreement immediately after suspending deliveries and shall not be liable for any Loss sustained by reason of such suspension or termination.
  5. To the extent permitted by Law, the actions or signatures of any person appearing to have the Customer’s authority shall bind the Customer.
  6. If the whole or any part of a provision of these Terms is unenforceable, the provision (or part thereof, as the case may be) is to be read down so as to be enforceable, and if it cannot be so read down, severed to the extent necessary to make these Terms enforceable.
  7. A party may exercise a right, power or remedy at its discretion, and separately or concurrently with another right, power or remedy. A single or partial exercise of a right, power or remedy by a party does not prevent a further exercise or that of any other right, power or remedy. A party is not liable for any loss caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising the right, power or remedy.
  8. A right may only be waived in writing, signed by the party giving the waiver, and no other conduct of a party operates as a waiver of the right or otherwise prevents the exercise of the right.
  9. A single or partial exercise or waiver of a right or a delay in the exercise of a right conferred on a party by these Terms or by Law does not prevent any other exercise of that or any other right.
  10. These Terms are governed by and are to be construed in accordance with the Laws of:
    j. the State or Territory of Australia in which the Goods are delivered or the Services supplied; or
    k. If they are delivered or supplied to a place outside of Australia, the State or Territory of Australia from which the Goods or Services were supplied –
    and the Customer irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of that State or Territory and any courts that may hear appeals from those courts and waives any right to object to proceedings being brought in those courts in respect of any proceedings arising from or connected with a Delivery.
  11. These Terms are not to be interpreted against the interests of a party because that party proposed these Terms or some provision of it or because that party relies on a provision of these Terms to protect itself.
    Frankston Sand Soil &Mini Mix Pty Ltd (Version 1.1) Effective from 1st November 2023 ABN 82 059 258 114
    Page 8
  12. The Customer consents to Frankston Sand & Soil recording and disclosing telephone conversations between the Customer and Frankston Sand & Soil.
  13. Frankston Sand & Soil’s Applicable Rates, Surcharge Schedules, Technical Services Charges and Privacy Policy are available on request or at www.frankstonsand.com.au.
  14. Intellectual Property and Copyright All content on this website and in-store is protected by copyright and other intellectual property laws in Australia. This includes graphic and text content, design principles, emails, and all files hosted on this domain. It is forbidden to publicly display, broadcast, publish, sell, reproduce, link to, or circulate any material on this site without the express written consent of Frankston Sand & Soil. Your use of our site acknowledges Frankston Sand & Soil’s ownership of all intellectual property and copyright of content within this domain.
  15. Website Availability
    The Frankston Sand & Soil website and in-store services aim for continual improvement, although we cannot guarantee uninterrupted availability at all times. Unforeseeable interruptions to these services may occur, which are sometimes beyond our control.
  16. Use of Website
    The website serves as a platform for purchasing Frankston Sand & Soil products. Any attempts to interfere with the website, its content, or associated materials will be deemed an attack on the site. Australian Law Enforcement agencies will be provided with logs to investigate and prosecute such activities to the fullest extent permissible by law.
  17. Promotions and Competitions
    Other Terms and Conditions not specified herein but applying to Frankston Sand & Soil’s promotions and competitions are incorporated into these terms. If these additional terms are not incompatible with the existing ones, they will be considered in addition to the existing terms. Where there is an incompatibility, the additional terms shall prevail.
    Should you object to any of these Terms and Conditions (including subsequent amendments), you must discontinue using this website or making in-store purchases.
  18. Soil Description
    The customer acknowledges the purchase of soil and quarry/rock products (‘Products’) from Frankston Sand & Soil at their own risk. Please note that our soil is a recycled product, which might not be suitable for all purposes. Our quarry/rock products are sourced from various locations and naturally differ in content, size, colour, texture, and shape. It is the customer’s responsibility to ensure specific requirements and reports are provided where deemed necessary.

Interpretation

  1. In these Terms, unless the contrary intention appears:
    “Act” means the Competition and Consumer Act 2010.
    “Aggregates” includes quarry products and sand.
    “Applicable Rate” means:

a. where a Quotation has been accepted, the quoted rate, charges and surcharges; and
b. where no Quotation has been given, or if given, the Quotation has not been accepted, either:

i. the relevant rate, charges and surcharges shown in a Rate Schedule; or
ii. if no such rate is shown, a rate determined by Frankston Sand & Soil or as otherwise advised by Frankston Sand & Soil.

“AS1379” means the Australian Standard “AS1379 – Specification and supply of concrete” as in force at the date of Delivery.
“Consequential Loss” includes:
a. any direct or indirect loss of overhead costs, administrative expenses, revenue, profits, anticipated savings, business, data and value of equipment (other than direct cost of repair);
b. any direct or indirect loss of opportunity, expectation loss or delay loss;
c. any form of consequential, special, punitive or exemplary loss or damages; and d. liquidated damages –
howsoever it arises or is claimed (including as a result of negligence or by the operation of Law).
“Consumers” means ‘consumers’ as defined by Section 4B or Section 3 of Schedule 2 of the Act.
“Consumer Online Ordering Portal” means an online ordering system where Customers may Order Goods or Services from Frankston Sand & Soil.
“Costs” means all costs, charges and expenses actually incurred by Frankston Sand & Soil or the Customer in relation to the reasonable exercise or attempted exercise of any power, right or remedy under these Terms or in remedying or attempting to remedy a failure of Frankston Sand & Soil or the Customer to comply with these Terms.
“Customer” means a person or entity seeking or accepting a Quotation for, placing an Order or accepting the supply or Delivery of Goods or
Services from Frankston Sand & Soil and includes that person’s or entity’s employees, agents, contractors, sub-contractors, successors, substitutes (including persons taking by novation), assigns and any person or entity claiming under or through that person or entity.

“Delivery” includes a delivery or supply of Goods and Services in response to an Order of the Customer or which the Customer accepts, whether or not Frankston Sand & Soil and the Customer have reached a concluded agreement about all of the terms of the delivery or supply including the price payable for the Goods or Services Ordered.
“Delivery Details” includes, in respect of a Delivery, details of:
a. A number uniquely identifying a Delivery to be used as a reference
b. Customer name and account number with delivery address and any specific instructions
c. Date and times of loading and delivery stages (arrival and finish time)
d. Purchase order number from the Customer
e. Delivery vehicle identity (fleet number)
f. Water quantity that has been added after loading and slumping at the plant
g. Water quantity that has been designed to be included as part of the batching process
h. Description and system codes of Goods or Services that are being supplied
i. Quantity of Goods or Services
j. For cash sales – the rate and value of Goods or Services supplied.

“Delivery Docket” means a document (digital or paper based) prepared by Frankston Sand & Soil which records Delivery Details in respect of a Delivery. “Event of Default” means any of the following events:
a. the Customer fails to pay for the Products;
b. the Customer is in breach of these Terms;
c. if the Customer is a company: an order is made or a resolution is effectively passed for winding up of the Customer;

i. the Customer resolves to appoint a receiver or provisional liquidator or an administrator, or a receiver or provisional liquidator or an administrator, or a receiver or provisional liquidator or administrator is appointed.
ii. the Customer goes into liquidation or makes an assignment or an arrangement or composition with its creditors; or
iii. the Customer stops payment or is deemed unable to pay its debts within the meaning of the Corporations Act 2001; and

d. if the Customer is a natural person, an order is made for the Customer’s bankruptcy; or the Customer dies or becomes mentally or physically incapable of managing his or her affairs; or an order is applied for or made to place the assets and affairs of the Customer under administration; or the Customer ceases or threatens to cease carrying on business.

“Frankston Sand & Soil” means Frankston Sand Soil & Mini Mix Pty. Ltd. A.B.N. 82 059 258 114 and includes Frankston Sand & Soil’s employees, agents, contactors, sub- contractors, successors, substitutes (including persons taking by novation), assigns and any person or entity claiming under or through Frankston Sand & Soil.
“Goods” includes concrete, Aggregates, cement, tools, concrete additives and admixtures and products for use in finishing concrete. “Governing Law” means the Law governing the operation of these Terms under Clause 50 in respect of a Delivery.
“Law” includes the common law of Australia, rules of equity and the provisions of any relevant statute or statutory instrument including a bylaw.
“Loss” means any Liability incurred or alleged to have been incurred by Frankston Sand & Soil, the Customer or a third party in respect of, arising from or connected with any supply of Goods or Services by Frankston Sand & Soil or by Frankston Sand & Soil’s failure to supply any Goods or Services or of a breach of these Terms, whether arising in Law or otherwise.
“Liability” includes any demand or claim (including a demand or claim for direct or indirect Consequential Loss) in respect of any damage, cost, expense, harm, injury or death or any fine or penalty imposed by or under a Law or by any authority.
“Order” means any order of Goods or Services placed by a Customer by any means which includes, but is not limited to, orders via telephone, in person, email or via the Consumer Online Ordering Portal.

“Quotation” includes:
a. any document titled “Quotation” provided by Frankston Sand & Soil to the Customer itemising Goods or Services and the rates at which Frankston Sand & Soil is willing to supply these to the Customer for a project or in an area nominated by the Customer; or
b. any rates provided by Frankston Sand & Soil to the Customer through the Consumer Online Ordering Portal relating to any Goods or Services which Frankston Sand & Soil is willing to supply to the Customer.
“Rate Schedule” means, a schedule of rates, charges or surcharges for Goods or Services published by Frankston Sand & Soil in force at the date of Delivery or supply, copies of which are available upon request from Frankston Sand & Soil or at www.Frankston Sand & Soil.com.au
“Relevant Information” includes all specifications relating to the Goods or Services, the application of the Goods or Services, Site Details and other matters that may affect Frankston Sand & Soil’s ability to supply the Goods or Services in a manner that conforms to the Customer’s requirements as to performance or compliance with a standard communicated to Frankston Sand & Soil by the Customer or with which the Customer ought reasonably to be aware that Frankston Sand & Soil will be bound by contract, Law, custom or usage to conform.

“Services” includes:
a. the testing of concrete, Aggregates, additives or admixtures whether in respect of compliance with a relevant standard or otherwise; b. the provision of other technical or design services or advice;
c. the provision of vehicles and drivers to Customers on a temporary basis;
d. weighbridge services

 

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