Terms & Conditions

These Terms apply to the supply of Materials by Wootong Vale Decomosed granite to the Customer on or after 1 January 2026. By ordering or accepting delivery of Materials from the Supplier on or after this date, a Customer agrees to be bound by these Terms. 

1. Application of Terms
1.1. These Terms and Conditions apply to all sales of granitic sand ("Materials") by George Joseph Turner trading as Wootong Vale Decomposed Granite ABN 57 243 979 149 ("Supplier") to any customer ("Customer").
1.3. Any order placed by the Customer constitutes acceptance of these Terms and Conditions to the exclusion of all other terms, including any terms the Customer may purport to apply unless otherwise agreed in writing.
1.4. The Supplier reserves the right to amend these Terms and Conditions at any time, with such amendments applying to all future orders.

2. Quotations, Orders & Pricing
2.1. All quotations are valid for 30 days from the date of issue, unless otherwise stated or agreed in writing.
2.2. Prices are stated in Australian dollars and are exclusive of Goods and Services Tax (GST) and any other applicable taxes or levies unless shown on the quote or invoice accompaning these Terms.
2.3. The Supplier reserves the right to vary quoted prices prior to acceptance of an order due to changes in the order amount, loading schedule and timeframe, government charges, fuel levies, or other costs beyond the Supplier's reasonable control.

3. Collection, Delivery & Site Access
3.1. Customer Collection: Unless otherwise agreed, Materials are supplied on a "collect from quarry" basis. The Customer is responsible for all transport, loading, and associated costs.
3.2. Supplier Delivery: If delivery is arranged by the Supplier, delivery times are estimates only. The Supplier is not liable for delays caused by factors beyond its reasonable control. A delivery fee will apply, as quoted.
3.3. Site Access & Safety: All persons entering the quarry site must comply with the Supplier's site safety rules and induction requirements. The Supplier may refuse entry or require any person to leave the site for safety or operational reasons.
3.4. Point of Passing of Risk: Risk of loss or damage to the Materials passes to the Customer when the Materials are:
(a) loaded onto the Customer's vehicle (if collecting); or
(b) unloaded at the Customer's nominated site (if delivered by Supplier).

4. Loading Services
4.1. Where the Supplier provides loading equipment and/or operator for the Customer's use ("Dry Hire"):
(a) The hire rate is as quoted and is charged from commencement to completion of loading.
(b) The Customer warrants that any person operating Supplier equipment is competent, licensed (if required), and has received a site induction.
(c) The Customer assumes all risk and liability for the operation of the equipment during the hire period and indemnifies the Supplier against any claim, loss, or damage arising from its use, except where caused by the Supplier's proven negligence.
4.2. The Supplier is not liable for delays in loading caused by the condition or suitability of the Customer's vehicles.

5. Measurement & Quality
5.1. Quantity: The quantity of Materials supplied is determined by the Supplier at the point of dispatch to be used for invoicing purposes.
5.2. Quality – "As Is" Basis: The Materials are natural products and are supplied "as is, where is" from the stockpile. While typical specifications are available on request, the Supplier does not warrant that the Materials will meet any particular specification or be fit for any particular purpose unless such warranty is provided in writing, signed by the Supplier.
5.3. Inspection: The Customer is deemed to have inspected and accepted the Materials prior to loading or dispatch. No claim regarding the nature or quality of the Materials will be accepted once loading has commenced.

6. Payment Terms
6.1. Unless otherwise agreed in writing, payment is due within 14 days from the date of the invoice.
6.2. The Supplier may, at its discretion, require payment in advance or on delivery for new Customers or where credit terms have not been established.
6.3. Overdue amounts will incur interest at the rate of 1.5% per month, calculated daily.
6.4. The Customer is liable for all costs (including legal costs on an indemnity basis) incurred by the Supplier in recovering overdue amounts.
6.5. The Supplier may suspend further supplies or cancel any outstanding orders if the Customer fails to pay any invoice by the due date.

7. Title & Security Interest
7.1. Legal and beneficial title to the Materials remains with the Supplier until the Supplier has received payment in full for:
(a) Those specific Materials; and
(b) All other amounts owed by the Customer to the Supplier on any account.
7.2. Until title passes, the Customer holds the Materials as fiduciary bailee for the Supplier and must store them separately and clearly identify them as the Supplier's property.
7.3. The Customer grants the Supplier an irrevocable licence to enter any premises where the Materials are stored to recover them if payment is overdue.

8. Limitation of Liability & Consumer Guarantees
8.1. Exclusion of Implied Terms: To the fullest extent permitted by law, all conditions, warranties, and guarantees implied by statute, common law, or trade custom are excluded.
8.2. Fitness for Purpose: The Customer is solely responsible for determining the suitability of the Materials for its intended use. The Supplier is not liable for any loss or damage arising from the Materials' use in any particular application.
8.3. Limitation of Remedies: The Supplier's total liability for any claim arising under or in connection with the supply of Materials, whether in contract, tort (including negligence), or otherwise, is limited at the Supplier's option to:
(a) The replacement of the Materials; or
(b) The refund of the price paid for those Materials.
8.4. Consequential Loss: Under no circumstances will the Supplier be liable for any indirect, incidental, special, or consequential loss or damage, including loss of profits, revenue, or production.
8.5. Non-Excludable Rights: Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by applicable law, including the Consumer Guarantees under the Australian Consumer Law (if applicable). If the Customer is a "consumer" as defined, these Terms are subject to those non-excludable guarantees.

9. Default & Insolvency
9.1. If the Customer commits an act of bankruptcy, enters into any form of insolvency administration, or breaches any material term of these Terms and Conditions, all amounts owing to the Supplier become immediately due and payable, and the Supplier may suspend or terminate any current orders.

10. Force Majeure
10.1. The Supplier is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, civil unrest, embargoes, government acts, labour disputes, equipment failures, severe weather, or quarry production issues.

11. General
11.1. Governing Law: These Terms and Conditions are governed by the laws of the State/Territory in which the Supplier's quarry is located. The parties submit to the non-exclusive jurisdiction of the courts of that State/Territory.
11.2. Severability: If any provision is found to be invalid or unenforceable, it shall be severed without affecting the remaining provisions.
11.3. Waiver: Any failure by the Supplier to enforce a provision is not a waiver of its right to do so later.
11.4. Entire Agreement: These Terms and Conditions constitute the entire agreement between the parties regarding the supply of Materials.

12. Personal Property Securities Act (PPSA)
12.1. The Customer acknowledges that these Terms and Conditions create a security interest in favour of the Supplier in all Materials supplied (and their proceeds) until full payment is received, which constitutes a Purchase Money Security Interest (PMSI) under the PPSA.
12.2. The Customer agrees to do all things necessary (including signing documents) to enable the Supplier to perfect its security interest by registration on the PPS Register.

13. Silicosis and Crystalline Silica

13.1 Technical Disclosure: Decomposed Granite Material from the gravel pit stockpiles has been analysed in a laboratory. Test results (X-ray Diffraction and Particle Size Distribution (AS1289.3.6.1/3.6.3)) indicate that the Material contains crystalline silica (approx. 17%  SiO2 as Quartz). Of that crystalline quartz portion, 2.1% consists of particles with a size passing 5 microns.

13.2 Risk Acknowledgement: The Customer acknowledges that:
(a) Crystalline Silica exposure from inhalation is associated with Silicosis disease;
(b) While the Material is supplied in a raw state, it can generate fine respirable dust during handling or when used as a concrete, grout, or mortar aggregate (including cutting, drilling, or grinding); and
(c) Health risks from dust inhalation must be prevented by the Customer through the implementation of strict safety protocols, suitable use/handling, correct PPE, and limiting exposure.

13.3 Specific Limitation & Indemnity: Without limiting the generality of Clause 8, the Supplier’s liability for any health-related claims is restricted as follows:
(a) Assumption of Risk: The Customer accepts all risks associated with the presence of crystalline silica in the Materials from the point of delivery.
(b) Indemnity: The Customer indemnifies and holds the Supplier harmless against any loss, cost, expense, or liability (including legal costs on a full indemnity basis) arising from any claim made by the Customer’s employees, agents, contractors, or third parties relating to crystalline silica exposure or silicosis.