Last Updated: 04/03/2025
1. Introduction
1.1 These Terms & Conditions (“Terms”) apply to all sales of goods and/or services (“Goods” and/or “Services”) provided by Marella Granite & Marble Pty Ltd ABN 64 166 875 092 (the “Supplier” or “Marella”) to any person, firm, or corporation (“Customer”).
1.2 By placing an order, paying a deposit, or otherwise engaging with our Goods or Services—whether online at marella.au, by phone, email, or in person—the Customer agrees to be bound by these Terms.
1.3 Marella may update these Terms at any time by providing notice on its website or by another communication method. Any changes will apply to new orders placed after the date of notice.
2. Definitions
“Agreement” means any contract (written, electronic, or otherwise) for the provision of Goods and/or Services by Marella to the Customer.
“Customer” means a person, firm, or corporation (jointly and severally if more than one) acquiring Goods or Services from Marella.
“Goods” means any natural stone slabs, tiles, or associated products supplied by Marella.
“Services” means any services (such as advisory, custom orders, or logistics) provided by Marella.
“GST” refers to Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended.
“Supplier” or “Marella” means Marella Granite & Marble Pty Ltd.
“Terms” refers to these Terms & Conditions of Trade.
3. Orders & Formation of Agreement
3.1 Quotations & Validity
Any written quotation is valid for 30 days from the issue date, is an invitation to treat, and may include special conditions that form part of these Terms.
3.2 Acceptance
An Agreement is formed when Marella confirms acceptance of the Customer’s order in writing or electronic form, or when Goods or Services are provided.
Marella may refuse to accept an order at its sole discretion.
3.3 Customer Responsibility
It is the Customer’s responsibility to provide accurate information regarding required specifications, measurements, and intended use of the Goods.
4. Pricing
4.1 Price Inclusions
All prices quoted include GST unless otherwise stated.
Additional taxes or duties may apply depending on the Customer’s location or the nature of the Goods/Services.
4.2 Variations
If the Customer requests any changes (e.g., additional quantities, specific finishes), Marella may adjust the price to account for the variation.
Marella reserves the right to alter pricing if there is a change in costs relating to supply, such as shipping fees, or changes in stone availability.
4.3 Product Ranges
Product ranges and prices are subject to change without prior notice.
5. Payment
5.1 Payment Terms
Unless otherwise agreed in writing, payment for Goods or Services must be made in full before they are released or delivered to the Customer.
For custom or special orders (e.g., non-stock items), a 50% deposit is required to secure and commence processing. The balance is due before final pickup or delivery.
5.2 Payment Methods
Marella accepts payment by electronic funds transfer (EFT), credit card, or other methods it deems acceptable. Payment by cheque is not deemed complete until cleared.
5.3 Payment Amendment
Marella reserves the right to revise payment terms by written notice at any time.
6. Payment Default
6.1 Overdue Invoices
If the Customer fails to pay by the due date, all amounts owing to Marella become immediately due. Marella may:
(a) Charge interest on outstanding sums at the Penalty Interest Rates Act 1983 (Vic) rate plus 4% until paid in full.
(b) Recover all costs of recovery (including legal fees) from the Customer.
(c) Suspend or terminate any ongoing or future supply of Goods/Services.
(d) Repossess any Goods not fully paid for (see Clause 8).
6.2 Insolvency
Marella may also suspend or terminate supply if the Customer becomes insolvent, is declared bankrupt, or enters into any arrangement with creditors.
7. Passing of Property
7.1 Retention of Title
Title to Goods does not pass to the Customer until Marella receives full payment (cleared funds) for all Goods and Services, and all other amounts owing by the Customer to Marella.
7.2 Fiduciary Bailee
Until title passes, the Customer:
(a) Holds the Goods as fiduciary bailee and agent for Marella.
(b) Must keep the Goods separately identified and maintain original labeling and packaging.
(c) Must hold the proceeds of any resale of the Goods in trust for Marella.
7.3 Right of Entry
If payment is overdue, Marella may enter any premises where it suspects the Goods are located and repossess them. The Customer indemnifies Marella for any claims arising from such repossession.
8. Risk & Insurance
8.1 Transfer of Risk
Risk in the Goods passes to the Customer once Goods are dispatched from Marella’s premises or collected by the Customer/its agent. The Customer is responsible for loss, theft, or damage thereafter.
8.2 No Warranty for Unapproved Uses
The Customer must ensure it has all necessary permits and licenses. Marella is not liable for injury or damage arising from improper use, storage, or installation of the Goods.
9. Natural Stone Acknowledgments & Warranties
9.1 Inherent Variations
Natural stone may have color, shade, marking (e.g., fissures, “cat’s paws”), texture, or veining variations. Samples or website images are indicative only; actual products may differ. Marella is not liable for such natural variations.
9.2 Sealing & Maintenance
Natural stone is porous. Marella strongly recommends sealing all stone surfaces to prevent staining or damage. The Customer assumes all risk if sealant is not applied or maintained.
9.3 Measurements & Tolerances
Dimensions, thickness, and weights may vary by ±1–2 mm due to processing. The Customer must verify quantities, sizes, and colors prior to installation.
9.4 Disclaimer on Fabrication
Marella does not endorse or guarantee workmanship by any third-party stonemasons or fabricators. Once slabs are cut or altered, the Customer is deemed to have accepted the Goods “as is.” No claims will be accepted afterward.
9.5 No Further Warranties
Except as provided by law or these Terms, Marella disclaims all other warranties (express or implied) on Goods and Services.
10. Delivery & Storage
10.1 Delivery Arrangements
Unless otherwise agreed, the Customer must collect Goods from Marella’s premises within 14 days of being notified they are ready. If the Customer requests delivery, Marella may arrange freight on the Customer’s behalf, with all costs (including insurance) to be borne by the Customer.
10.2 Delivery Conditions
Marella or its carriers will deliver curbside or to a location with reasonable and safe access. Any delays caused by inadequate site access or prolonged unloading times may incur additional charges (e.g., an $85 per hour after 30 minutes).
10.3 Storage Fees
If Goods are not collected or cannot be delivered due to the Customer’s inaction, Marella may charge storage fees after 14 days at a rate it determines reasonable (e.g., $20 per crate per week).
10.4 Inspection on Receipt
The Customer must inspect Goods upon delivery and notify Marella in writing of any visible defects, damage, or shortages within 7 days (or 24 hours for incorrect/short supply). Installation or cutting of the Goods constitutes acceptance without claim.
11. Liability
11.1 Limitations
To the fullest extent permitted by law, Marella’s liability is limited to the replacement of Goods, re-supply of Services, or a refund of the purchase price (at Marella’s discretion). Marella is not liable for indirect or consequential loss, including loss of profit, business, or goodwill.
11.2 No Liability Post-Installation
Marella is not responsible for damages, defects, or discrepancies identified after the stone has been fixed, cut, or installed.
11.3 Indemnities
The Customer indemnifies Marella against any claim or loss arising from the use, installation, or resale of Goods not in accordance with Marella’s recommendations or relevant standards.
12. Cancellations
12.1 Authorization
All order cancellations must be approved by Marella in writing.
12.2 Stocked Goods
For standard in-stock Goods, cancellations within 30 days of purchase may incur a 20% handling fee. No cancellations are accepted after 30 days.
12.3 Custom Orders & Clearance Items
Deposits for special/custom orders or clearance items are non-refundable. Such items are not eligible for return or exchange.
12.4 Return Logistics
The Customer bears all costs and risks of returning Goods (where permitted). Goods must be in their original condition and packaging.
13. Returns & Exchanges
13.1 Return Notification
Any claim of defects, shortages, or non-compliance must be made within 7 days of delivery and before Goods are installed or laid.
13.2 Eligibility
Marella will not accept returns of:
(a) Goods specifically produced or imported to fulfill a custom order.
(b) Discontinued or clearance Goods.
(c) Goods that have been altered, used, or removed from original packaging.
13.3 Restocking Fees
If a return is accepted (where Goods were supplied correctly and are undamaged), a restocking fee may apply (up to 50% of the invoice value).
14. Force Majeure
Marella will not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to strikes, accidents, natural disasters, or acts of war. Marella may terminate the Agreement by written notice if such an event persists.
15. Acceptance of the Product
15.1 Inspection Responsibility
The Customer (or Customer’s agent/stonemason) must inspect and confirm the Goods (e.g., color, shading, quality, type, size) before they leave Marella’s premises or prior to cutting/fabrication.
15.2 No Claims Once Laid
Fixing or cutting the stone constitutes irrevocable acceptance. Marella will not accept claims for visual defects, color/shade variations, or other issues after the stone has been altered or installed.
16. Statement of Understanding
16.1 No Endorsement of Third Parties
Marella does not provide recommendations or guarantees for any external stonemasons or installers. The Customer is responsible for selecting, instructing, and supervising these providers.
16.2 Sealer Recommendation
Marella strongly recommends sealing all natural stone products with a quality impregnating sealer. The Customer is solely responsible for the outcome if sealant is not applied or if an unsuitable sealer is chosen.
16.3 Storage of Special Orders
For special orders arriving at Marella’s warehouse, the Customer has 6 weeks to arrange collection or delivery after notice of arrival. After 6 weeks, additional storage charges may apply.
17. Privacy
Marella respects your privacy and processes any personal information in accordance with relevant privacy legislation and our Privacy Policy, which is incorporated by reference into these Terms.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.
19. Changes to Terms
Marella may amend these Terms by posting an updated version on its website or by otherwise notifying the Customer in writing. Continued use of Goods or Services after notification signifies acceptance of the revised Terms.
20. Contact Us
For questions, clarifications, or concerns regarding these Terms & Conditions, please contact:
Marella Granite & Marble Pty Ltd
Trading as Marella Natural Stone
Address: 221 Settlement Rd, Thomastown, VIC 3074, Australia
Email: info@marellagm.com.au
Phone: +61 3 9077 5880
By engaging with Marella, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.