These Terms and Conditions are deemed to be incorporated in all contracts for the supply of goods and/or the provision of services by the Supplier to the exclusion of all others.
1. PLACING ORDERS
1.1 All orders for Goods and/or Services must be in writing sent by mail, facsimile or electronically or other means as agreed.
1.2 The Customer may not cancel any order (whether in full or in part) without the written consent of the Supplier. The Customer must pay the Supplier for any work completed as at the date of cancellation.
2.1 Any quotation provided by the Supplier will be subject to these Terms and Conditions.
2.2 No quotation will be binding on the Supplier unless it is in writing and signed by the Supplier or by an employee duly authorised on its behalf.
2.3 Unless otherwise specified, quotations will remain open for acceptance for 30 days. The Supplier reserves the right to refuse any order within 4 days after the receipt of the order.
2.4 GST is not included in quotations unless specified.
2.5 At the time of proving a quotation, the supplier is required to nominate the window rating appropriate to the location of the building and the height and position of the windows in that building in accordance with the then current Australian Standards.
2.6 Any quotation provided is based strictly on the details specified in the quotation. Any changes to these specifications may incur extra charges and require additional time for delivery.
2.7 Quotations given for Bills of Quantity, Specifications drawings or Schedules are limited to the quantities and descriptions shown on such documents. The Supplier takes responsibility for the accuracy of measurement, specifications in such documents.
2.8 The execution by the Supplier of any work pursuant to a quotation is subject to the availability of materials to the supplier and no responsibility is accepted by the Supplier for delays caused by force majeure or any cause beyond its control.
3. DELIVERY & INSTALLATION
3.1 The Supplier will arrange delivery to the customer’s site.
3.2 Any period or date for delivery & installation stated by the Supplier is intended as an estimate only and is not a contractual commitment. The Supplier will not be liable for any loss (including consequential loss) or damage suffered by the Customer or any other person arising out of a failure to meet an estimated delivery date. However, if the delivery & installation are delayed for more than 3 months from the estimated delivery date, the customer has the right to cancel the order and the supplier must refund the customer.
3.3 The Supplier reserves the right to make part delivery of any order. The Customer acknowledges that failure by the Supplier to make a delivery of the total order shall not invalidate the sale and the Supplier is entitled to invoice the customer for the goods delivered.
3.4 Unless otherwise stated, glass and glazing and glazed units are supplied on a supply only basis and responsibility for glass and glazing terminates at the point of installation. If the Supplier site glazes or installs glazed units, responsibility for the glass ceases as each piece of glass is installed. Should reglazing be carried out by others the Supplier’s responsibility for the window performance ceases.
3.5 Final cleaning down of the goods is the responsibility of the Customer.
4.1 The Supplier guarantees that
a) its products are of acceptable quality and free of any defect caused by the manufacturer & comply with Australia Standards & Requirements; and
b) the products are installed in accordance with the relevant Australian Standards and best building practice
4.2 The Supplier warrants that for a period of seven (7) years from the date of installation by the supplier
a) its products against defects arising from faulty workmanship or materials. This covers but not limited to: Frame, Window Panes, Foggy Glass, Mildew between double panes ; and
b) the installation against defects arising from faulty workmanship. This covers but not limited to:Glazing, Sealing & Leaking
4.3 Moving parts which wear out as a result of normal use are warranted for Three (3) years.
4.4 Toughened glass, float glass and mirrored glass are warranted against defects and degradation for Three (3) years, except for the self-explosion of toughened glass.
4.5 If any defect is attributable to any one or more of the following circumstances then the supplier is under no obligation whatsoever to the Customer:
a) the use of the goods for a purpose or purposes other than that for which they were intended to be used;
b) the repair, alteration or modification of the goods by someone other than the Supplier;
c) where the defect has arisen due to misuse, abuse, neglect or accident howsoever arising;
d) where the goods have not been stored or maintained as recommended by the Supplier;
e) where the defect has arisen as a result of ordinary wear and tear or in transit;
f) Manufacturing standards and tolerances (as outlined in AS2044 and AS2048) and industry variations in the colour of aluminium and timber componentry will not be accepted as defects.
g) The Supplier accepts no responsibility for glass breakage (except for faulty workmanship or materials).
4.6 This warranty is limited to the repair or replacement of the faulty product but does not extend to the installation or refinishing of a replacement product. There is no liability for any other claims, damages or costs whether special or consequential or otherwise. Apart from any warranties implied by the Trade Practices Act 1944 or any similar State or Territory Legislation, all other warranties express or implied are excluded from the contract between the Supplier and the Customer.
4.7 Only repairs carried out by the Supplier’s personnel or authorised agents are covered by this warranty.
4.8 The Supplier is under no obligation under this warranty where the Customer has failed to observe the terms of payment for the goods or any other condition imposed by the terms of this warranty.
4.9 Except where the Customer is a consumer within the meaning of that term as used in the Trade Practices Act 1944 and similar State and Territory laws, the Customer relies on his own judgment in purchasing the materials and no warranty arises, express or implied, that the goods are fit for the purpose intended by the Customer and no warranty arises from the Customer’s inspection of a sample of the material or the Supplier’s description of the material.
4.10 Supplier’s liability will be limited to the sum of the original invoiced price of the goods in concern.
4.11 Claims under this warranty must be made within one (1) month of the defect arising in the product.
Copies of documentation showing the purchase date must be included with your written claim and forwarded to the registered office of the Supplier in the state of purchase.
5. TERMS OF PAYMENT
The terms of payment will be notified by the Supplier to the Customer before or upon placing an order or will be in accordance with established credit terms. In no circumstances will the Customer be entitled to withhold payment because it is awaiting release of retention monies or has not been paid by a head contractor/third party.
6. EVENTS OF DEFAULT AND CONSEQUENCES
6.1 Upon non-payment:
(a). the Supplier is entitled to terminate any contract with the Customer (including any contract so far unperformed by the Supplier) immediately by notice to the Customer and any such termination will be without liability on the part of the Supplier for any and all direct or indirect loss or damage thereby caused to the Customer; and
(b) all moneys which would become owing by the Customer to the Supplier at a later date for the supply of Goods or the provision of Services will become immediately due and payable without the requirement for the Supplier to make any demand or give any notice to the Customer;
(c). the Customer agrees to immediately on demand deliver to the Supplier any goods which are in the possession or control of the Customer but in which the property remains with the Supplier and the Customer acknowledges that the Supplier may, at its discretion at any time and without notice retake possession of the Goods and the Customer irrevocably authorises the Supplier and all persons authorised by the Supplier to enter upon such premises as the Supplier reasonably suspects the Goods may be located, using such reasonable force as is necessary, for the purpose of retaking possession of them and the Customer indemnifies and agrees to keep the Supplier indemnified for all costs, losses, damages and other expenses incurred by the Supplier or any other party as a result of such action by the Supplier. The value of all Goods repossessed by the Supplier under this clause will be assessed by the Supplier (whose decision will be conclusive) and the Customer will be liable to the Supplier as and by way of liquidated damages for the difference between the purchase price payable by the Customer and the assessed value of the Goods less any amounts paid by the Customer with respect to those goods.
(d). where the Customer is in default of payment and is entitled to recover moneys from any person or company the Customer appoints the Supplier its attorney and the Supplier shall be entitled to demand, sue for, recover and receive moneys owing to the Customer for the duration of this agreement. Upon receipt of the moneys the Supplier shall be entitled to deduct all reasonable costs incurred in the recovery and all moneys and interest then outstanding on the Customer’s account with the Supplier. Any moneys then remaining will be remitted to the Customer.
6.2 Notwithstanding the provision of this clause 4 the Supplier will be entitled to bring an action against the Customer for the price of the goods in the event of non-payment by the Customer by the due date as if the property in the goods had already passed to the Customer and will also have the right, exercisable by notice in writing, to the Customer at any time after delivery to pass the property in the goods to the Customer in and from the date of such notice.
6.3 This clause shall survive the termination of any contract subject to these Terms and Conditions.
7. CUSTOMER ACTING AS TRUSTEE
If the Customer enters into this Agreement as trustee of a Trust, that party and its successors as trustee of the Trust will be liable under this Agreement in its own right and as trustee of the Trust.
8. CUSTOMER’S COVENANTS
The Customer covenants and agrees:
8.1 To notify the Supplier immediately upon a change of details to the business or corporate structure, composition of partnership business or corporate name shareholding or directorship or any resolution or intention to alter such structure composition name shareholding or directorship.
8.2 All these Terms and Conditions will be duly observed and performed by the Customer and that these Terms and Conditions may not be altered or varied unless agreed to under seal of the Supplier and the Customer acknowledges that no employee representative or agent has authority to vary these Terms and Conditions.
9. APPLICABLE LAW
The law of the State of the Supplier governs these Terms and Conditions and every contract connected with them and the parties submit to the jurisdiction of the courts of that State.