The following words shall have where the context so permits the following meaning:

“Stone Centre” means Stone Centre/MPG Business Information Systems Pvt. Ltd. t/as Stone Centre (ABN 91 604 850 222).

“Buyer” means the Purchaser (Person, Firm, or Corporation) to whom the Sales Order/invoice is issued.

“Purchase Order” means the purchase order provided to Stone Centre by the Buyer; confirmation of the Buyer has accepted the Quotation/Sales Order.

“Sales Quotation” means “Sales Order” is the document provided by Stone Centre to the Buyer which specifies the price Stone Centre will charge the Buyer for the supply of the Goods. “Sales Order” means the agreement between Stone Centre and the Buyer comprised of the Quotation, the Purchase Order, the Sales Invoice and General Terms, and Conditions of Sale.

“Price” means the price Stone Centre charges the Buyer for the supply of the Goods.

“Goods” means all materials, supplies and the likes to be provided by Stone Centre under this Sales Order.

“Delivery Address” means the address nominated by the Buyer as the place for delivery of Goods mentioned in the Sales Order.

“Date of Delivery” means the approximate date upon which the Goods are dispatched from Stone Centre’s warehouse to the delivery address.

“Stipulated Period” means the period specified in the Sales Order as the period for which the quoted price shall apply.

“Stone Centre’s Premises” means the warehouse from which Stone Centre ordinarily conducts its business.

“Custom Order” means the material which will be manufactured, imported, and arranged for the Buyer, as per the Buyer’s need and custom specifications for the project which can’t be sold to anyone else.

The “Sales Order” is the documented agreement and understanding in entirety, between ‘Stone Centre’ and the ‘Buyer’ with respect to the supply of the Goods and is the only document that will be recognized by Stone Centre as authority for undertaking to supply the Goods. The Sales Order constitutes the entire agreement between the parties and supersedes all previous negotiations and communications.

Stone Centre’s “Terms of Sale” shall prevail where inconsistencies clash with the Terms and Conditions mentioned in the Buyer’s order. Stone Centre reserves the right to decline, by written notice to the Buyer, to fulfil any Sales Order in whole or in part, at any time prior to the delivery of the Goods or performance of the services, in which case Stone Centre will be under no obligation in respect to the Sales Order. The Sales Order may only be varied by written agreement between the parties.

All Sales Quotations are valid for 48 hours unless specified. All prices are in Australian Dollars, excluding GST and delivery charges unless otherwise specified in Sales Quotation. The prices specified in this Sales Quotation are only for the product type and quantity mentioned in this Sales Quotation. Stone Centre may alter the price without any prior notice if there is any change in the product type and quantity.

A deposit of 30% (50% for Custom Order) of the total order amount is required. No stock will be assigned or allocated until the deposit amount is received. Unless otherwise agreed to, all invoices must be paid in full before collecting or dispatching any order from Stone Centre’s warehouse. Stone Centre may in its sole discretion decide that Goods will not be available for collection until funds have cleared in Stone Centre’s bank account. All Goods remain the property of Stone Centre until full payments is received.

Payment to Stone Centre is not subject to the Buyer receiving payment for the Goods from their customer(s). The Buyer must make all payments to Stone Centre without deduction, set-off, or counterclaim and no amounts are to be deducted from any payments as security, retentions, or for any other reason unless Stone Centre agrees to such deductions in writing. An Order Handling Fee ($50) will be charged if order value is less than $1,000 + GST and a Priority Order Packing Fee will be charged if Buyer wants to collect the order before standard packing time.

In case of delay in payment, Stone Centre reserves the right to hold the delivery of any order and charge interest at the rate of TWO (2) per centum/month on the due amount. Stone Centre reserves the right on all credit accounts to varying the terms of the payment at any time should the credit worthiness of the Buyer at any time become, in Stone Centre’s opinion, unsatisfactory and require payment to be made in full by cash, or electronic transfer, or bank cheque.

Order Delivery implies delivery of the Goods to the Buyer either via collecting from the warehouse or delivery by Stone Centre’s 3rd party carrier at the specified address mentioned in the Sales Order.

Stone Centre acknowledges that the Buyers may collect purchased Goods on their own or a 3rd party carrier from Stone Centre’s warehouse. A minimum of 6 business hours turnaround time for same-day collections is to be given for Goods being collected. Stone Centre reserves the right to refuse dispatch of Goods for any unscheduled attempts to collect the Goods and will not be responsible for any cost or cancellation of the order.

The Buyer must examine the Goods at the time of collection at Stone Centre’s warehouse. In case of any damage, defect in colour, quantity, quality, and packaging concern, it shall be reported to the warehouse staff immediately by the Buyer/3rd party carrier. The Goods are deemed to be accepted once loaded onto the Buyer’s vehicle or arranged transport. The use of third-party carriers shall be the Buyer’s sole liability and Stone Centre takes no responsibility for any damage/shortage once the carrier leaves Stone Centre’s warehouse. Stone Centre will not be liable in any way whatsoever for any damage/loss that may be caused because of, but not limited to, excessive weight of the Goods, improper weight distribution, and Goods that are not stored correctly for transport.

Stone Centre uses third-party transport companies to deliver the Goods and can’t be held responsible for any loss. All Goods shall be delivered to the kerb side in front or reasonably deemed effective location once the Goods have been made available for unloading at the nominated delivery point.

at the discretion of the driver. Stone Centre will deliver to an external point with easy access. Stone Centre (third-party transport carrier) will not enter any premises or carry the Goods further than an external delivery point.

If Stone Centre’s carrier enters the property for delivery, it shall be deemed by the invitation of the Buyer. The Buyer warrants it has possession of the property and is authorised to invite the carrier into the premises. The Buyer agrees Stone Centre and Stone Centre’s carrier are not liable for any damage caused during the delivery attempt. If the Buyer is not the owner of the property, it agrees to indemnify Stone Centre and Stone Centre’s carrier for any loss, damage, or injury to the Goods or any other property whatsoever, or to any person caused or contributed to by Stone Centre’s carrier. The Buyer must ensure a responsible person is at the delivery address at the time of delivery to supervise and sign for the receipt of the Goods.

The foregoing notwithstanding, the Buyer may request, and Stone Centre may agree in writing to deliver the Goods to a location other than a kerb side in front of or reasonably located within the vicinity of the delivery address provided the Buyer shall bear all liability (whether with respect to loss or damage to person, property or to the Goods) arising from and in respect of delivery and the Buyer hereby agrees to indemnify Stone Centre with respect to any such liability.

A receipt or delivery docket for the Goods signed by any person at the delivery address shall be conclusive proof that the Goods were delivered in accordance with the Sales Quotation. If the delivery address goes unattended or if Stone Centre cannot otherwise affect the delivery of the Goods to the delivery address, then Stone Centre may, at its option, leave the Goods at the delivery address or store the Goods at a location deemed appropriate and fit by Stone Centre. If Stone Centre stores the Goods, then the Buyer shall pay or indemnify Stone Centre for all the costs and expenses incurred in or about the storage, and Stone Centre shall be at liberty to re- deliver them to the Buyer from the place of storage at the Buyer’s expense. The Buyer must ensure that the delivery address is easily accessible to Stone Centre. If the delivery address is not easily accessible to Stone Centre, the Buyer must bear all additional costs reasonably incurred by Stone Centre in unloading/loading the Goods.

The Buyer/s must confirm to accept the quantity, colour, and quality of the Goods they take delivery of by signing the delivery docket which carrier provides to the Buyer during delivery of the Goods. The delivery docket so signed, shall be conclusive evidence that the Buyer has received, reviewed, and is satisfied with the quantities, colour, and quality of the Goods described in the delivery docket and the Buyer shall cease to have any moral or legal right from making any statement or claim to the contrary. Wherever the Goods are collected either by courier or by an agent of the Buyer, the Buyer warrants that their agent has the authority to sign the docket on the Buyer’s behalf.

It is the Buyer’s responsibility to ensure that the selected products are suitable and fit for the purpose for which they are intended. The Buyer agrees to not rely on the skill, advice, or judgment of Stone Centre in relation to the suitability of any Goods and/or services for a particular purpose. Any advice, recommendation, information, assistance, or consultation provided by Stone Centre is provided without any liability of Stone Centre whatsoever. All products shall be selected by the Buyer at their own discretion after considering all factors.

Stone Centre recommends that the Goods are installed by experienced and licensed stone fixers. Inexperience with these materials may damage the Goods. Stone Centre will not be liable for any damage or breakage whatsoever occurring after the delivery or any loss incurred by the Buyer or Buyer’s fixers because of such damage or breakage. Goods must be laid in compliance with Australian practices which include tile blending from different batches. Visit www.australiantilecouncil.com.au to familiarise yourself with tiling practices and codes. Stone Centre accepts no responsibility for cleaning or sealing of the Goods. Stone Centre accepts no liability for: (a) the removal or for any loss incurred by the Buyer associated with replacing the imperfect goods; and (b) any consequential loss, damage, or expense that arises because of any defects in respect of the Goods that Stone Centre agrees to replace; or (c) any Goods that have been laid.

The Buyer acknowledges that variation in colour and texture in natural stone products is normal and properties of the products. It may vary from the sample and picture supplied. As it is a natural stone, no two pieces will be identical by means of characteristics and appearances. Stone tiles are often packed into crates very tightly, are wet at the point of production and may have some residue from the various finishing processes employed. Because of this, it is recommended that stone tiles are washed and are allowed to dry completely before every stage of the installation process. They will often lighten in colour as they dry. No claims will be accepted and processed for such natural differences. Stone Centre recommends the Buyer inspects the Goods prior to dispatch from Stone Centre’s warehouse. To ensure even blending of colours, the material should be laid from several crates at a time. All Goods must be inspected before installation. Once Goods have been installed, they are deemed accepted. No warranties and claims can be made for any fault including colour variations, surface defects, sizing variations, quantities, or any other defect.

Stone Centre recommends Buyers seal all the natural stone products and always check the effectiveness of the sealer. Natural stone may react to chemical compounds, so please follow the manufacturer’s instructions, and ensure to carry out testing before full application. Stone Centre doesn’t recommend the use of acid on any natural stone product. Our natural stone products are not calibrated; therefore, dimensions may vary. However, size or thickness variation in the product supplied by Stone Centre must comply with the Australian Standards. The buyer shall ensure that adequate stock is purchased to complete a job. If the Buyer orders an insufficient number of Goods, then Stone Centre takes no responsibility for any variation of colour in further batches supplied to the Buyer or the inability to supply the Goods at all. Due to the inherent characteristics of natural stone, breakage, chipping, and hairline cracking of up to 7% may occur during transportation and is considered acceptable in stone industry.

The Buyer or its designated agent at Stone Centre’s premises can only carry out any inspection or test agreed upon before the acceptance of the Goods by the Buyer, must unless otherwise agreed. The Buyer must bear the cost of any specialized inspection or tests required. In the case of any such inspection, Stone Centre accepts no responsibility for any defect(s) identified in the Goods once the Goods in question have left the Stone Centre Premises.

Stone Centre endeavours to complete and deliver each order by the expected delivery date but will not be responsible for any loss or damage arising from any delay or failure to deliver the Goods for any reason whatsoever. Time is not of the essence concerning the delivery as the specified delivery dates are an estimate only. The Buyer accepts that all Goods are subject to availability and that there may be delays from time to time. Wherever practicable, Stone Centre will seek to act in good faith and notify the Buyer of any such delays on time. Stone Centre cannot be held responsible for any delays in the delivery timeline because of unforeseen issues or 3rd party’s fault which are beyond the control of Stone Centre such as pandemics, shipping port congestions, shipping issues, container shortages, industrial actions, and or trade issues between the countries.

The Buyer must pay for and accept the ordered Goods regardless of delayed delivery. If Stone Centre determines that, it is or may be unable to deliver within a reasonable time or at all, Stone Centre may cancel the Sales Order and in the event of such cancellation, the Buyer shall not have any claim against Stone Centre for any damage, loss, cost, or expense whatsoever. Stone Centre will not be liable for any costs incurred concerning any such delay or cancellation. Under no circumstances shall the Buyer have any claim of any nature whatsoever arising from late delivery.

The Buyer’s obligation to pay for the Goods is not conditional on the Buyer’s willingness and/or readiness to take delivery of the Goods. If the Goods are manufactured, completed and ready for collection/delivery at Stone Centre’s warehouse and the Buyer is not ready to take delivery of the Goods due to delay in the project or any other reason, then the Buyer is liable to pay the full amount of the Goods as soon as Stone Centre notifies the Buyer that order is ready for delivery/collection of the Goods as the deposit amount will not be sufficient to hold the stock. Stone Centre may agree to store the Goods on the Buyer’s behalf for a limited period if storage space is available. Such Goods will be held at the Buyer’s risk and Stone Centre accepts no liability for any loss or damage at a charge of $10/pallet/week plus transportation cost (if any) to move the stock to another storage facility.

Stone Centre may deliver the Goods in instalments. Failure of Stone Centre to deliver any instalment shall not entitle the Buyer to cancel the balance of the Sales Order. If the Buyer makes default in respect of any instalment, Stone Centre may elect to treat the default as a breach of contract relating to each other instalment.

Before the commencement of manufacture of the Goods, the Buyer may, by notice in writing, request Stone Centre to vary the colour or specifications of the Goods, which Stone Centre may or may not grant in its unfettered discretion. If Stone Centre denies any such request, then the Buyer must accept and pay for the Goods as specified in the relevant Sales Order. Stone Centre shall not vary the colour or specifications of the Goods unless and until requested to do so in writing by the Buyer. If any such request causes a change in the cost or time required for the manufacturer and/or supply of the Goods, then an equitable adjustment shall be made to the Price and/or the terms of the Sales Order. The Buyer is not entitled to request Stone Centre to vary the colour or specifications of the Goods after the commencement of manufacture of the Goods.

The Buyer must inspect the Goods at the time delivery for any damage, defect in colour, quantity, or quality. Any concern shall be reported in writing within 48 hours of receiving the Goods. No claims or returns will be accepted once the Goods are installed, or have been unpacked, classified as rejected or discontinued product lines by Stone Centre, or sold in sale/clearance by Stone Centre, or specially obtained, imported, or custom order (Size, Thickness, Colour) to order for the Buyer, or otherwise without the prior written approval from Stone Centre.

If the Buyer has any concern about the product delivered, then the Buyer shall share the evidence of concern in form of videos or pictures. The Buyer is advised to not open the remaining pallets or take out the rest of the Goods from the pallet in case of any defect spotted by the Buyer. Upon receiving the video/photo evidence, Stone Centre shall direct the Buyer on further action. In case of non-compliance with the above-mentioned clause and if the entire content of the pallet is taken out, it shall be deemed accepted. If the customer uses the Goods beyond the initial receipt, it shall be deemed that the Goods conform to the relevant order and are fit for the purpose for which they are intended. The Buyer must separate and hold the Goods subject to any such claim and be available for inspection by Stone Centre.

Unless where otherwise agreed, any returns must have the explicit consent of Stone Centre and will incur a 25% (Minimum $350) handling charge/restocking fee. Transport for return of Goods is to be organised and paid for by the customer no matter whether it was picked by the Buyer or delivered by Stone Centre.

Custom orders cannot be cancelled or returned under any circumstances and the Buyer is liable to pay 100% of the Goods amount to Stone Centre.

*Returns will not be accepted where Goods are damaged or broken in any way, shape, or form and the lot has been finished or sold. All returns must be authorised by Stone Centre. No refund for ‘Incorrect Choice’ or ‘Change of Mind’. Stone Centre reserves the right not to accept any product that has been delivered to the site and has been unpacked. Stone Centre doesn’t take responsibility or any liability for reselling the Goods and any commitment made to the customer on behalf of the product or Stone Centre.

The Buyer may cancel the full or partial order by giving a notice in writing to Stone Centre. In the event of cancellation, the deposits paid are non- refundable. Custom orders cannot be cancelled, as these orders are custom orders specified to the Buyer’s need and project. In the event, you no longer want the product, any monies paid will not be refunded. In addition to this, Stone Centre will still require full payment for the product in question, whether you decide to take delivery of it or not. Full payment must be made for Goods once arrived at Stone Centre’s warehouse, irrespective of any time frames given. Stone Centre will store the Goods for a maximum of 2 weeks after arrival in the warehouse. and there will be a storage charge of $10/pallet/week post 2 weeks of arrival which the Buyer has to pay before collecting the Goods from the warehouse or requesting Stone Centre to deliver.

In case of any dispute between the Buyer and Stone Centre in respect of the nature, quantity, or quality of any Goods supplied or services rendered, Stone Centre’s rights to receive payment from the Buyer will not be affected in any way whatsoever, nor will it give the Buyer the right to counterclaim or set-off.

Any delay or default by the Buyer in payment of any monies due to Stone Centre is a substantial breach of the Terms and Conditions of the Sales Order. Stone Centre may, without prejudice to its other rights, power, or remedies provided by law, withhold deliveries on the relevant Sales Order and all other Sales Orders placed by the Buyer until the due payments are realised.

Recurring payment default may lead to the Buyer’s account with Stone Centre being closed and any further Sales Order placed by the Buyer will only be processed when fully paid. Failure or delay by Stone Centre to exercise the power or right under this must not be misunderstood as a waiver of that power/right or a waiver of the breach which gave rise to that power or right.

Stone Centre acknowledges that there are certain conditions and warranties implied by law or by statute in the Sales Order, which cannot be excluded, restricted, or modified by agreement (“Non-Excludable Rights”). Subject to the above, Stone Centre disclaims and categorically excludes all conditions and warranties expressed or implied, and all rights and remedies awarded to the Buyer by statute, law, equity, trade, custom or usage, or otherwise. Where so permitted, the liability of Stone Centre for the breach of a Non- Excludable Right is limited, at Stone Centre’s discretion, to replacement of the Goods or the refund of the price paid by the Buyer.

The Buyer hereby indemnifies Stone Centre against any claim or liability of any nature whatsoever. The Buyer agrees that: (a) all implied conditions and warranties on the part of Stone Centre in relation to any of the Goods supplied by Stone Centre are excluded to the maximum extent permitted by law; (b) in respect of any liability which Stone Centre cannot exclude,

Stone Centre’s liability is limited, at its option, to any replacement or resupply of the Goods, or a refund of the cost of the Goods; and (c) subject to any non-excludable rights conferred to the Buyer by law, no claims in respect to any Goods supplied by Stone Centre shall be recognised by Stone Centre unless made in writing and notified by the Buyer to Stone Centre within 48 hours of delivery of the Goods. Stone Centre will use reasonable endeavours to ensure imperfect Goods don’t exceed 7%. The Buyer agrees some 1st grade Goods may be chipped and/or broken. Imperfections should be used as cuts/infill. All stone pavers and tiles may vary in dimensions by 3-4 mm when sawn cut and/or by 3-8 mm when hand cut.

All Goods delivered shall be at the Buyer’s risk. Stone Centre will not be liable for any damage or loss whatsoever arising out of or in connection with the carriage of Goods unless the damage or loss is a result of Stone Centre’s negligence or wilful default.

The Buyer must not rely on any advice, recommendation, information, assistance, consultation, or service provided by Stone Centre concerning the Goods, including the use and application of the Goods. Stone Centre shall bear no liability or responsibility for any damage, loss (direct or indirect), or any consequential loss suffered by the Buyer because of reliance upon the advice, recommendation, information, assistance, consultation, or service for delivery to the Buyer.

Stone Centre takes no responsibility for the workmanship or quality of work performed by subcontractors recommended to the Buyer.

Notwithstanding any other provisions of this Sales Order to the contrary, Stone Centre shall not be liable for any loss or damage to the Buyer arising from or caused or contributed to by the negligence of Stone Centre, its employees, or agents, nor shall Stone Centre be liable for special, incidental, indirect or consequential loss or damage suffered by the Buyer as a result of a breach by Stone Centre of its obligations or otherwise including but not limited to economic or moral loss, loss of profits or revenue costs arising from such breach.

Notwithstanding any other provisions of this Sales Order to the contrary, Stone Centre shall not be liable for any loss or damage to the Buyer arising from or caused or contributed to by delay in delivery caused by Stone Centre’s carrier, nor shall Stone Centre be liable for special, incidental, direct, or consequential loss or damage suffered by the Buyer because of the above-mentioned condition.

A waiver by Stone Centre of the breach of any provision of the Sales Order shall not constitute a waiver of any other breach of such provision or any other provisions.

Stone Centre reserves the right to subcontract the production or supply of the whole or any part of the Goods or of any materials or services to be supplied.

The Terms and Conditions specified in the Sales Order shall be incorporated by implication and included in all future agreements by Stone Centre, to supply Goods, with the Buyer.

If you provide us with photographs of the installed Goods supplied by Stone Centre via email or by tagging us on social media or any other media, you consent to us publishing such photographs and details (including but not limited to your name, location, and date) for our marketing purposes including on our website, social media, and other digital platforms.

We are always looking to improve our services. If you have any feedback or a complaint, please notify us at sales@stonecentre.com.au and we will take reasonable steps to address any concerns you might have.

If Stone Centre is rendered unable, wholly or in part, by force majeure to carry out its obligations under the Sales Order, then Stone Centre shall give to the Buyer written notice of the force majeure with reasonably full particulars thereof whereupon: a) The obligations of Stone Centre so far as it is affected by the force majeure shall be suspended for a period not longer than the continuance of the force majeure; and b) Any period or periods referred to in the Sales Order within which a particular obligation, responsibility, or duty is to be performed shall be extended by a period equal to that during which the force majeure continues. Stone Centre shall use reasonable diligence to mitigate the effect of the force majeure. The term “force majeure” as employed in this Sales Order shall mean any cause which is not within the reasonable control of Stone Centre and without limiting the generality of the foregoing, shall in so far as the same is not within such control, include any one or more Act of God, strike, lockout or any other labour difficulty, an act of the public enemy, war, blockade, revolution, riot, insurrection, civil commotion, lightning, storm, flood, earthquake, explosion, action, demand, order, restraint, restriction, restriction on trade between countries, requirements, prevention, frustration or hindrance by or any government or any government department or authority or other duly constituted authority or statutory corporation or local government authority, embargoes and unavailability of essential equipment.

The Buyer agrees to indemnify Stone Centre with all legal costs, charges, expenses, and disbursements incurred in the collection or attempted collection of monies due.

All notices, other documents, and communications required or permitted to be given to Stone Centre shall be in writing and shall be sent by facsimile in the first instance and then by ordinary pre-paid post to MPG Business Information Systems Pvt. Ltd. t/as Stone Centre, Suite 2, 4A Meridian Place, Bella Vista NSW 2153 Phone: 1300 989 452 and a copy must be emailed to sales@stonecentre.com.au.

Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief, or the dispute relates to compliance with this clause).

Stone Centre may, at any time and at our discretion, vary these Terms. Prior to placing an order, Stone Centre recommends Buyer to carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Order that has been accepted by Stone Centre, the terms and conditions that apply will be the ones that were in effect (and which the Buyer agreed to) when Buyer placed the order.

The Buyer acknowledges and agrees that Stone Centre only supplies Goods and has no responsibility for the use of the Goods. If Buyers/ Installers cut, install, crush, drill, polish, saw, grind, or otherwise handle any Goods containing crystalline silica (silica), including, but not limited to, sand, stone,concrete and mortar and composite stone used to fabricate kitchen and bathroom benchtops, bricks, tiles and some plastics, doing so can generate dust particles that are small enough to lodge deep in the lungs and may expose you and others to the risk of injury including, but not limited to, illness or disease including silicosis. To the maximum extent permitted by law, Buyer waives and releases Stone Centre from all responsibility and liability arising from or connected with the use of the Goods. It is recommended that Buyer obtains its own independent instructions and advice as to how to safely install and use the Goods.

The Buyer shall obtain all permits, licenses and give all notices required to be given, and shall pay all fees, deposits, and taxes required to be paid under all rules (federal, state, or municipal) in any way effective or applicable to the manufacturer of the Goods and/or Stone Centre.

If any provision of the Sales Order shall be determined to be void by any court of competent jurisdiction, then such a judgement shall not affect any other provision hereof and each such other provision shall remain in such full force and effect.

These “General Terms and Conditions of Sale” shall be governed and construed according to the laws of the time being in force in the State of New South Wales and the parties respectively hereby submit to the jurisdiction of the Courts thereof and all Courts competent to hear appeals therefrom.

This agreement and every contract for the supply of Goods entered between Stone Centre and the Buyer shall be governed by the laws of New South Wales. If any Court or competent authority declares that any part of these terms and conditions would, if any part were not omitted, be unenforceable then that part will without in any way affecting the enforceability of the remainder of these terms and conditions, be severable and these terms and conditions will then be construed as if that part had not been contained in them.