Terms of service

LOHAS AUSTRALIA — Standard Terms and Conditions of Sale
Version 1.0 | Effective Date: August 2026

These Terms and Conditions apply to all sales of goods and services by LOHAS Australia ("the Company", "we", "us", or "our") to the customer ("the Customer", "you", or "your"). By requesting a quote, placing an order, or accepting delivery of goods, you agree to be bound by these terms.

1. DEFINITIONS AND INTERPRETATION
1.1. "Goods" refers to all products supplied by LOHAS Australia, including but not limited to natural clay bricks, terracotta, natural stone, acoustic panels, custom ceramics, and related building materials.
1.2. "Order" means any request for the supply of Goods by the Customer which has been accepted by the Company.
1.3. "Custom/Bespoke Goods" refers to any items manufactured, coloured, shaped, or sourced specifically to the Customer's specifications.

2. ORDERS, CUSTOM GOODS & CANCELLATIONS
2.1. Order Acceptance: All Orders are subject to acceptance by the Company. We reserve the right to decline any Order.
2.2. Custom and Bespoke Orders: Any Order for Custom/Bespoke Goods requires a minimum fifty percent (50%) non-refundable deposit before production or ordering will commence.
2.3. Cancellations: Once an Order for Custom/Bespoke Goods has commenced production, it cannot be cancelled, modified, or deferred without our written consent. The Customer will be liable for the full purchase price of the Custom Goods. Standard stocked items may only be cancelled prior to dispatch and may be subject to a restocking fee.

3. NATURAL MATERIAL VARIATIONS (DISCLAIMER)
Acknowledgment of Natural Characteristics: LOHAS Australia's products are manufactured from natural materials including clay, organic fibres, and stone. Natural variations in colour, texture, sizing, and finish are inherent characteristics of these materials and are not considered manufacturing defects. Sales are not deemed to be "by exact sample." Delivered Goods may differ slightly from showroom displays, samples, or photographic representations.
3.1. Colour Blending: It is the Customer's responsibility to ensure that their builder or tradesperson works from multiple pallets simultaneously during installation to ensure an even colour blend across the project.
3.2. Sizing: Due to the kiln-firing process, dimensional variations occur. The Customer must allow for standard dimensional tolerances in accordance with relevant Australian Standards.

4. DELIVERY, RISK, AND ALLOWANCES
4.1. Breakage and Wastage Allowance: Building sites are hazardous, and materials such as bricks and ceramics are fragile prior to installation. The Customer is strongly advised to order an additional ten percent (10%) above the calculated measurement to allow for site breakages, cutting waste, and minor transit chipping. Minor chipping or breakage within this allowance is not grounds for replacement.
4.2. Transfer of Risk: The risk of loss, damage, or deterioration of the Goods passes to the Customer immediately upon unloading the Goods at the Customer's designated site or upon collection by the Customer's freight forwarder.
4.3. Delivery Timeframes: Any delivery dates provided are estimates only. The Company is not liable for any consequential losses, holding costs, or idle tradesperson fees resulting from freight delays, shipping issues, or force majeure events.

5. PRICE AND PAYMENT TERMS
5.1. Payment: Unless a commercial credit account has been formally approved in writing, full payment must be cleared in the Company's nominated bank account prior to the dispatch of any Goods.
5.2. Credit Terms: For approved B2B commercial accounts, payment is due thirty (30) days from the end of the month in which the invoice is dated, unless otherwise stipulated.
5.3. Surcharges: The Company reserves the right to pass on merchant surcharges for credit card payments (up to 3% plus GST, depending on the card type).

6. RETENTION OF TITLE (PPSA CLAUSE)
6.1. Ownership: Legal and equitable title to the Goods remains with LOHAS Australia and will not pass to the Customer until the Company has received payment in full for the Goods and all other monies owed by the Customer.
6.2. PPSR Registration: The Customer acknowledges that these Terms constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (PPSA). The Company reserves the right to register a financing statement on the Personal Property Securities Register (PPSR) in respect of the Goods. The Customer agrees to waive their right to receive a verification statement under section 157 of the PPSA.

7. INSTALLATION AND WARRANTY EXCLUSIONS
7.1. Installation Standards: Warranties are strictly conditional upon the Goods being installed by appropriately licensed tradespeople in accordance with the National Construction Code (NCC), relevant Australian Standards, and any specific technical or care guidelines provided by LOHAS Australia.
7.2. Warranty Exclusions: Our warranty does NOT cover, and we accept no liability for:
- Defects or damage caused by improper installation, handling, or structural shifting of the building.
- Efflorescence (a natural salt deposit that can appear on masonry surfaces).
- Damage resulting from the use of incorrect cleaning chemicals, acids, or high-pressure washing.
- Damage caused by other trades on the construction site after delivery.

8. AUSTRALIAN CONSUMER LAW (ACL)
Mandatory Consumer Guarantees: If you are a "Consumer" as defined under the Australian Consumer Law, the following mandatory wording applies:
"Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."

9. LIMITATION OF LIABILITY
9.1. To the maximum extent permitted by law, and subject to the ACL, LOHAS Australia's liability for any breach of a condition or warranty is limited, at our discretion, to: (a) replacing the Goods; (b) repairing the Goods; or (c) refunding the purchase price of the Goods.
9.2. The Company shall not be liable for any indirect, special, or consequential loss, loss of profits, or business interruption arising out of or in connection with the supply of the Goods.

10. GOVERNING LAW
10.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.