Terms of Trade

1. Definitions

1.1 "ACL" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

1.2 "Customer" means the person or entity named in a Quote or Order Confirmation and includes any person acting with that customer's authority.

1.3 "Goods" means the products, samples, components, finishes and related items supplied or to be supplied by ARLO.

1.4 "Order Confirmation" means ARLO's written acceptance or confirmation of an order, including by email or invoice. For an order placed on ARLO's website, it is ARLO's email confirming receipt of the first payment (clause 2.5).

1.5 "Quote" means ARLO's written quotation or proposal.

1.6 "Backorder Goods" means Goods from ARLO's standard range that are not in stock when an order is placed and are ordered in to fill it, including any quantity ordered beyond the stock on hand.

1.7 "Custom Goods" means Goods cut, fabricated, finished or made to the Customer's own size, drawing or specification, including custom mosaics, custom feature tiles, cut-to-size items and made-to-order pieces.

1.8 "Special Order Goods" means Backorder Goods, Custom Goods and any other Goods procured, imported, allocated or made specifically for a Customer, including indent and non-stock items.

1.9 "Terms" means this document as in force on the date the relevant order is accepted.

2. Application, acceptance and document priority

2.1 ARLO will provide or make these Terms available with or before the relevant Quote, Order Confirmation or deposit invoice. The Customer accepts these Terms by paying a deposit or other amount, approving the Quote or Order Confirmation, instructing ARLO to proceed, accepting delivery, or otherwise placing an order after the Terms have been provided or made available. Payment confirms that the Customer has received or had a reasonable opportunity to review the Terms. No signature, completed form or separate reply is required.

2.2 ARLO may accept or decline an order. An order becomes binding when ARLO issues an Order Confirmation or otherwise confirms acceptance in writing.

2.3 If documents conflict, the following order of priority applies: (a) any written special conditions signed or expressly accepted by ARLO; (b) the Order Confirmation; (c) the Quote; and (d) these Terms. Product care instructions and safety information continue to apply to the extent they are not inconsistent.

2.4 Terms appearing on a Customer purchase order or other document do not apply unless ARLO expressly agrees to them in writing.

2.5 An order placed on ARLO's website is held for 7 days for payment. The invoice ARLO sends when the order is placed is a request for payment, not an Order Confirmation. The order becomes binding when ARLO confirms receipt of the first payment, and that confirmation is the Order Confirmation. If nothing is paid within the 7 days, the order lapses and any stock held for it is released. By placing a website order, the Customer accepts the version of these Terms linked at checkout, and ARLO records that version against the order.

3. Quotes, pricing and GST

3.1 A Quote is valid for the period stated in it. If no period is stated, it is valid for 30 days, subject to availability and correction of obvious errors.

3.2 Prices are in Australian dollars and include GST unless the Quote states otherwise. ARLO may correct an obvious clerical, calculation or transcription error before supply and will notify the Customer promptly. If the correction materially increases the price, the Customer may cancel the affected unperformed part without penalty.

3.3 Product sale prices do not include delivery, storage, lifting, installation, sealing, return freight, duties, permits or other services unless expressly stated.

3.4 Where an unavoidable charge cannot reasonably be calculated when the Quote is issued, ARLO will disclose how it is calculated and confirm the amount as soon as reasonably practicable and before the Customer is required to pay it.

3.5 A requested change to quantity, specification, finish, destination, timing or service may change the price and lead time. ARLO will obtain written approval for the variation before proceeding where practicable.

3.6 Volume discounts and discount codes are those published on ARLO's website or stated in the Quote when the order is placed. They do not combine: where both could apply, the larger applies.

4. Orders and product approval

4.1 The Customer must check the product description, finish, dimensions, edge detail, quantity, batch requirements, delivery address and other specifications in the Quote or Order Confirmation before approval.

4.2 The Customer must promptly notify ARLO of any error. Changes requested after acceptance are subject to availability, revised pricing and lead time, and ARLO's written approval.

4.3 Where approval of a drawing, sample, layout or specification is required, ARLO may suspend procurement or production until written approval is received. The Customer is responsible for the accuracy of information it approves.

5. Deposits and payment

5.1 Unless the Quote states otherwise, an order is confirmed by paying a deposit made up of: (a) the full price of any Goods supplied from stock on hand when the order is placed; (b) 75% of the price of any Custom Goods; and (c) 50% of the price of all other Goods, including Backorder Goods. An order supplied entirely from stock on hand is therefore paid in full to confirm it. Deposits are applied to the purchase price. If the Customer cancels an order before dispatch or collection, ARLO will refund the deposit less the reasonable, documented costs already committed to that order that ARLO cannot recover (clause 23), subject to the ACL.

5.2 The remaining product balance, delivery charges and any accrued storage charges must be paid in cleared funds before dispatch, release or collection, unless ARLO has approved written credit terms.

5.3 If an amount is overdue, ARLO may, after reasonable notice, suspend further performance or withhold dispatch or release until payment is made. The Customer must reimburse reasonable, properly incurred recovery costs to the extent permitted by law.

5.4 A genuine invoice dispute must be raised promptly with reasons. The Customer must pay any undisputed amount by the due date, and the parties will work in good faith to resolve the disputed amount.

6. Measurements, quantities and wastage

6.1 Unless ARLO expressly agrees in writing to provide a measured supply service, all measurements, take-offs and quantities are estimates only. The Customer, builder or installer must verify final site measurements, quantities, set-out, tolerances and suitability before ordering.

6.2 ARLO recommends ordering at least 10% additional product for cutting, breakage, pattern matching, selection and future repairs. More may be required for complex layouts, large-format materials, natural stone, book-matching or unusually variable products.

6.3 ARLO is not responsible for a shortfall caused by inaccurate measurements, insufficient wastage allowance, site conditions or installation methods, except to the extent caused by ARLO's breach or negligence.

6.4 Reorders are separate orders. Availability, price, lead time, tone, calibre, finish, texture and batch may differ. The Customer should order enough product from one batch for the full project.

7. Special Order Goods

7.1 Special Order Goods include imported, indent, custom, cut-to-size, fabricated, finished, allocated or non-stock Goods obtained specifically for the Customer.

7.2 Once ARLO has committed to suppliers, production or freight, a change may not be possible. If the Customer changes or cancels the order, the Customer must pay only the reasonable, documented and non-recoverable costs caused by the change or cancellation, subject to the ACL. For Custom Goods already cut or made, those costs may equal their full price.

7.3 Special Order Goods cannot be returned for change of mind. This does not affect rights relating to faulty, damaged, incorrectly supplied or otherwise non-compliant Goods.

8. Lead times, delay and events outside control

8.1 Unless the Quote or the product listing states otherwise, the standard lead time for Backorder Goods and Custom Goods is 6 to 16 weeks. Any lead time or delivery date is an estimate based on information available when quoted and is subject to unexpected delays. It begins only after ARLO has received the required deposit, final specifications and approvals.

8.2 Lead times may be affected by quarry or mill production, supplier availability, shipping, customs, industrial action, severe weather, transport disruption, government action, natural disaster, epidemic, war or other events beyond reasonable control.

8.3 ARLO will notify the Customer of a material delay as soon as reasonably practicable, provide an updated estimate, and take reasonable steps to reduce the impact.

8.4 If a delay becomes unreasonable or materially defeats the purpose made known to ARLO, the parties will discuss a reasonable alternative. Any statutory right to cancel or obtain a remedy is preserved.

8.5 Neither party is liable for failure caused by an event beyond its reasonable control, except for payment obligations already due. This clause does not exclude liability that cannot lawfully be excluded.

9. Natural materials, samples and tolerances

9.1 Stone, timber, terracotta, handmade tile and other natural or artisanal products vary in colour, shade, veining, pattern, texture, grain, pore structure, surface movement, dimensions and finish. These variations are part of the material and are not defects by themselves. Manufactured products such as porcelain can also vary in shade and calibre between production batches.

9.2 Samples, displays, photographs, renders and digital images are indicative only. Lighting, screens, sealing, finishing and batch variation can affect appearance. A sample cannot represent every piece supplied.

9.3 Unless a product specification states otherwise, nominal dimensional variation of approximately plus or minus 1.5 mm may occur. Minor edge chips or surface imperfections may be present, particularly in natural, tumbled, distressed or handmade products, and are generally intended to be managed through normal selection and cutting. Any stated allowance, including up to 5% minor chips or imperfections, does not apply where the Goods fail a consumer guarantee or are not reasonably usable for their disclosed purpose.

9.4 The Customer and installer must inspect, sort, dry-lay and blend natural or visibly variable products across boxes or pallets before installation to achieve a balanced result.

10. Suitability and advice

10.1 The Customer must tell ARLO the intended application and relevant conditions, including external exposure, pool use, wet areas, submerged areas, salt, heat, frost, traffic, substrate, structural loading and required slip resistance.

10.2 Unless expressly stated in writing, ARLO's product information and recommendations are general guidance only. They do not replace advice from a licensed builder, engineer, architect, waterproofing specialist, pool consultant or suitably qualified installer.

10.3 The Customer is responsible for confirming that the selected Goods and installation system are suitable and compliant for the specific site, design and use before ordering and installation.

11. Supply only and installation

11.1 Unless a Quote expressly includes installation, ARLO supplies Goods only and is not the installer, builder, designer, certifier or project manager.

11.2 Installation must be performed by appropriately skilled and, where required, licensed trades in accordance with applicable laws, Australian Standards, manufacturer instructions, substrate requirements and recognised industry practice.

11.3 The installer is responsible for substrate preparation, waterproofing, movement joints, falls, drainage, adhesive and grout selection, set-out, fixing, cleaning, sealing and protection. Site-specific pool, wet-area, exterior and elevated applications require particular care.

11.4 ARLO is not responsible for installation workmanship or failure caused by an unsuitable substrate, incompatible product, inadequate site preparation or departure from instructions, except to the extent ARLO caused or contributed to the loss.

11.5 Installation products supplied by ARLO, such as grouts, adhesives, sealers and tools, must be used in accordance with the manufacturer's current instructions, including mixing, working and curing times, temperature limits and clean-up.

12. Inspection before cutting or installation

12.1 The Customer must inspect the Goods promptly after delivery or collection and before cutting, sealing, laying or installation. Check product, quantity, batch, finish, dimensions, visible damage and obvious defects against the Order Confirmation.

12.2 Visible transit damage or shortages should be noted on the delivery record and reported to ARLO, with photographs and retained packaging, within 48 hours where reasonably possible. This timeframe assists investigation and carrier claims; it does not limit any right or remedy under the ACL.

12.3 Do not install Goods with an apparent defect, incorrect specification or unexplained mismatch. Stop work, isolate the affected Goods and contact ARLO promptly. Installation may make investigation and recovery more difficult, but does not remove non-excludable rights.

12.4 Where a defect could not reasonably have been identified before installation, the Customer should notify ARLO promptly after discovery and provide reasonable evidence and access for inspection.

13. Delivery information

13.1 ARLO usually arranges delivery through an independent transport provider after the required deposit has been paid and the Goods are available. Delivery dates and times are estimates only; exact times cannot be guaranteed. The driver may contact the Customer shortly before arrival where practicable.

13.2 Delivery charges may be invoiced separately after the Goods arrive at ARLO or the dispatch point because the final number, weight and dimensions of pallets may not be known earlier. ARLO will provide the delivery amount as soon as it is known. The delivery invoice and all other amounts due must be paid in cleared funds before dispatch.

13.3 Delivery is generally charged per pallet. The price depends on the delivery postcode, pallet weight, dimensions and handling requirements. Oversized or overweight pallets may attract a higher rate, including a double-pallet or equivalent charge. Product sale prices do not include delivery unless expressly stated.

13.4 Unless expressly agreed otherwise, delivery is to kerbside or the nearest safe and reasonably accessible unloading point. The Customer must ensure suitable access, a stable hardstand, adequate clearance and any required forklift, crane, pallet jack, labour, traffic control or permits.

13.5 The Customer must disclose access restrictions before booking, including steep, narrow or unsealed driveways, load limits, overhead obstructions, limited turning space, strata requirements or restricted delivery hours. The carrier may refuse an unsafe access request.

13.6 Reasonable waiting time, failed delivery, re-delivery, storage or special handling costs caused by inaccurate instructions, unavailable access or nobody being present may be charged after ARLO provides the basis and amount of the charge.

13.7 If the Customer directs a vehicle or equipment onto private property after being advised of a reasonable risk, the Customer bears loss caused by unsafe or inadequate access to the extent it is not caused by ARLO's or the carrier's negligence.

14. Collection

14.1 Collection must be booked in advance and may occur only after all amounts due are paid. The Customer must use a suitable vehicle and lawful load restraint, and comply with site directions.

14.2 ARLO may refuse loading where the vehicle, equipment or proposed restraint is unsafe or unsuitable. The Customer is responsible for securing the load after it is placed on or in the Customer's vehicle.

15. Risk, title and security interests

15.1 For delivery arranged by ARLO, risk passes when the Goods are delivered to the agreed delivery location. For collection or transport arranged by the Customer, risk passes when the Goods are handed to the Customer or its carrier. This does not affect responsibility for damage caused by ARLO or its carrier.

15.2 Title to the Goods does not pass until ARLO has received all amounts payable for those Goods in cleared funds. Until title passes, a business Customer must keep the Goods identifiable, properly stored and insured and must not grant an inconsistent security interest.

15.3 If the Personal Property Securities Act 2009 (Cth) applies, the Customer grants ARLO a security interest in Goods for which title has not passed and their identifiable proceeds. The Customer must reasonably assist registration. ARLO will not contract out of mandatory provisions, and this clause applies only to the extent permitted by law.

16. Store with ARLO

16.1 ARLO may offer complimentary storage for four weeks from the date ARLO gives written notice that the Goods are ready for collection or dispatch.

16.2 After the complimentary period, storage is charged at $25 plus GST per pallet per week for each pallet remaining in storage. A partial week will be calculated pro rata. Oversized or non-standard Goods may attract a different reasonable rate disclosed before it applies.

16.3 Storage charges accrue until collection or dispatch and must be paid before release. ARLO will not charge storage for a period of delay caused solely by ARLO.

16.4 The Customer must arrange collection or delivery within the complimentary period or contact ARLO promptly to agree a storage plan. Storage does not make ARLO an insurer of the Goods.

17. Uncollected Goods

17.1 If Goods remain uncollected after they are ready, ARLO may continue to store them, transfer them to suitable third-party storage at the Customer's reasonable cost, or exercise rights available under applicable uncollected goods legislation.

17.2 ARLO will give the notices and allow the waiting periods required by law before selling, disposing of or otherwise dealing with uncollected Goods. Any net proceeds will be dealt with as required by law after deducting lawful amounts owing and reasonable sale, disposal and storage costs.

18. Sealing, cleaning and maintenance

18.1 Many natural and porous materials require sealing. Unless a product-specific instruction states otherwise, ARLO generally recommends a suitable premium penetrating sealer, such as Stain-Proof by Dry-Treat, applied in accordance with the manufacturer's current instructions.

18.2 Sealing requirements vary. Some applications require sealing before grouting and again after grouting; pools, wet areas and external applications may require specialist systems and maintenance. A sealer reduces staining risk but does not make a surface stain-proof or maintenance-free.

18.3 The installer must test cleaners, sealers, adhesives and grouts on an inconspicuous sample before general use. Acidic, abrasive or incompatible products may permanently damage the Goods.

19. Slip resistance, pools and wet areas

19.1 Slip resistance depends on the product, finish, contaminants, slope, drainage, wear, maintenance and installation. Published classifications or test results do not replace a site-specific assessment.

19.2 The Customer and its professional advisers must confirm required slip resistance, waterproofing, falls, drainage, coping details, salt or chemical compatibility and applicable standards for pools, wet areas, external and commercial applications.

20. Silica and work health and safety

20.1 Stone, tiles, masonry and related products may contain crystalline silica. Cutting, grinding, drilling, polishing or otherwise disturbing these materials can generate respirable crystalline silica dust, which can cause serious or fatal illness.

20.2 The Customer must ensure fabrication and installation comply with applicable Australian and Queensland work health and safety laws, codes, product safety data and supplier instructions. Work must be performed by competent persons using effective engineering controls, on-tool extraction or wet methods where appropriate, suitable respiratory protection, exposure controls and clean-up methods. Dry cutting or uncontrolled dust generation must not occur.

20.3 Any prohibition or restriction applying to an engineered stone product must be observed. The Customer must confirm the current legal requirements before fabrication or installation.

21. Change of mind returns

21.1 ARLO is not required to accept a return because the Customer changes its mind, over-orders or no longer requires the Goods.

21.2 If ARLO agrees in writing to a change-of-mind return, the Goods must be unused, uninstalled, uncut, unsealed, in saleable condition and in original packaging, and returned within the agreed period. A reasonable restocking, handling and return freight charge disclosed before approval may apply.

21.3 Special Order Goods, discounted clearance items, opened cartons, part lots and Goods that have been cut, installed, sealed or otherwise altered are not returnable for change of mind. These exclusions do not apply to a return or remedy required by law.

22. Faulty, damaged or incorrectly supplied Goods

22.1 If the Goods are faulty, damaged, incorrectly supplied or otherwise fail a consumer guarantee, the Customer may have rights to a repair, replacement, refund, compensation or cancellation under the ACL. The available remedy depends on the circumstances and whether the failure is major or minor.

22.2 The Customer should contact ARLO promptly, provide the order details and reasonable evidence, retain affected Goods where practicable, and allow ARLO a reasonable opportunity to inspect or investigate.

22.3 ARLO will bear return, collection or other costs when required by law. For large or heavy Goods, ARLO will arrange collection where the ACL requires it.

22.4 A remedy is not available to the extent a problem was caused by misuse, abnormal conditions, incorrect storage, unsuitable installation, failure to follow instructions, normal wear or unauthorised alteration, unless a non-excludable right applies.

23. Cancellation and suspension

23.1 The Customer may cancel an order by written notice at any time before dispatch or collection.

23.2 If the Customer cancels other than because of ARLO's breach or a statutory right, the Customer must pay the reasonable, documented and non-recoverable costs caused by the cancellation, having regard to whether Goods have been allocated, ordered, produced, imported, cut, fabricated or dispatched. ARLO will refund any balance of amounts paid, including any balance of a deposit.

23.3 ARLO may suspend or cancel an unperformed part of an order if the Customer fails to pay, becomes insolvent, does not provide required approvals, or requests unsafe or unlawful performance. Except where urgent or impracticable, ARLO will give written notice and a reasonable opportunity to remedy the issue.

23.4 ARLO may cancel if supply becomes impossible or Goods are no longer reasonably available. ARLO will notify the Customer and refund amounts paid for unsupplied Goods, less only any amount the law permits ARLO to retain.

24. Liability and indemnity

24.1 Nothing in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, breach of a non-excludable consumer guarantee, or any other liability that cannot lawfully be excluded or limited.

24.2 Where the ACL permits ARLO to limit a remedy for goods or services not ordinarily acquired for personal, domestic or household use, ARLO's liability is limited, at ARLO's option, to the remedies permitted by section 64A of the ACL.

24.3 To the extent permitted by law, ARLO is not liable for indirect or consequential loss that was not reasonably foreseeable when the contract was made. This does not limit any right to recover reasonably foreseeable loss under the ACL.

24.4 The Customer indemnifies ARLO against third-party claims and loss to the extent caused by the Customer's negligent, unlawful or wilful act or omission, breach of these Terms, or inaccurate site or delivery information. The indemnity is reduced to the extent ARLO or another person caused or contributed to the loss.

24.5 Each party must take reasonable steps to mitigate loss.

25. Dispute resolution

25.1 A party claiming a dispute must give written notice describing the issue and proposed outcome. A representative of each party with authority to resolve the dispute will meet or confer in good faith within 10 business days where practicable.

25.2 If unresolved, either party may propose mediation through an agreed mediator before commencing court proceedings. Nothing prevents urgent interlocutory relief, debt recovery for an undisputed amount, or the exercise of a statutory consumer right.

26. Privacy

26.1 ARLO may collect and use personal information to quote, process and deliver orders, manage accounts, communicate with the Customer, conduct credit or fraud checks where lawful, and meet legal obligations.

26.2 ARLO may disclose information to suppliers, carriers, payment providers, professional advisers and service providers where reasonably required for those purposes. ARLO will handle personal information in accordance with applicable privacy law and its published privacy policy, if any.

27. Project imagery and content

27.1 By accepting these Terms, including by paying a deposit under clause 2.1, the Customer agrees that, unless the Customer opts out in writing under clause 27.2, ARLO may photograph and use non-identifying images or video of a completed installation in which ARLO Goods are used. No separate consent form or reply is required. This permission is optional, is not a condition of supply and does not affect the Customer's price, warranty rights or access to ARLO Goods.

27.2 The Customer may opt out at any time before publication by emailing hello@arlostone.com.au or otherwise notifying ARLO in writing. ARLO will record the opt-out and will not make any new use or publication after receiving it. No reason is required and no fee or adverse consequence applies.

27.3 Unless the Customer has opted out, the Customer grants ARLO a non-exclusive, royalty-free licence to use, reproduce, crop, resize, edit, publish and communicate the project imagery for ARLO's portfolio, website, social media, printed materials, advertising, awards, editorial submissions and trade presentations.

27.4 ARLO will arrange permission before ARLO or its appointed photographer or content contractor enters a private property or project site to create photographs or video. ARLO will take reasonable care and comply with reasonable site and safety directions.

27.5 The permission in this clause does not authorise ARLO to publish the Customer's full name, an exact residential address, identifiable faces, vehicle registration plates or obvious security information. ARLO must obtain separate express written approval before publishing those details. A project may be identified by suburb, region, builder, architect, designer or installer only where separately approved.

27.6 The Customer must only provide content it is authorised to share and license. The Customer must identify the photographer or other copyright owner, any required credit and any restrictions. ARLO may request written confirmation from the copyright owner or any identifiable person before publication.

27.7 The Customer may withdraw permission for future use at any time by written notice to hello@arlostone.com.au. ARLO will take reasonable steps to stop new use after receiving the notice, but withdrawal does not require recall of printed materials, removal of historical posts already published, or control of third-party reposts outside ARLO's reasonable control.

28. Notices

28.1 A notice under these Terms must be in writing and sent to the email or address shown in the Quote, Order Confirmation or most recent written contact details. An email is taken to be received when it enters the recipient's information system, unless the sender receives an automated failure notice.

29. General

29.1 A variation or waiver is effective only if in writing and agreed by ARLO and the Customer. A delay or failure to exercise a right is not a waiver.

29.2 If a provision is invalid or unenforceable, it is read down to the minimum extent necessary or severed, and the remaining provisions continue.

29.3 The Customer must not assign an order without ARLO's written consent, which will not be unreasonably withheld. ARLO may assign its right to receive payment or transfer the contract as part of a sale or restructure, provided this does not materially reduce the Customer's rights.

29.4 These Terms and the documents identified in clause 2.3 contain the whole agreement about the order, subject to any representation or right that cannot lawfully be excluded.

29.5 Headings are for convenience only. A reference to legislation includes amendments and replacements. 'Including' does not limit the words that follow.

30. Governing law

30.1 These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the Queensland courts and courts entitled to hear appeals from them.