Terms & Conditions
1. These terms and conditions are the only terms and conditions on which Glassworks has agreed to supply goods and/or services to the Customer and no modification or alteration of these terms and conditions will be valid unless signed by a duly authorised representative of each party.
2. The Customer must make full payment of the invoiced amount within 30 days from when the invoice is received by the Customer.
3. (a) Any failure, delay or part thereof on behalf of Glassworks to exercise any of its rights, powers, discretions or remedies shall not operate as a waiver or partial waiver.
(b) Time for payment is of the essence. If the customer fails to pay in accordance with clause 2, in addition to all other rights:
i. Glassworks may suspend the supply by it of further goods until the default has been remedied without Glassworks being liable to any other penalties or damages and all monies then owing to Glassworks (including any amounts which would not otherwise be payable until a later date) shall become immediately due and payable.
ii. Glassworks may charge interest on the overdue amount for the period of default at the National Australia Bank base commercial overdraft rate plus 3%. Interest shall be deemed to form part of the overdue amount.
iii. The Customer shall be liable to pay on demand all Collection Agency and Legal expenses (on Solicitor-Client basis) and court costs incurred by Glassworks in seeking the overdue amount.
4. Delivery shall be at the Customers responsibility and negotiated by the Customer, failing which Glassworks shall have the right to nominate the means of delivery as Agent of the Customer. Consequently, Glassworks reserves the right to deliver by instalments. Unless agreed to in writing, if Glassworks prepays freight, insurance and all other charges in connection with the delivery of the goods and/or services, then such charges shall be to the Customers account. The Customer shall not be relieved of any obligation to accept or pay for the goods and/or services for reason of delay in delivery or manufacture and Glassworks shall not be liable for any consequential loss or damage whatsoever, whether direct or indirect, sustained by the Customer as a result of any delay whether same is due to the negligence of Glassworks or any other party, strike or any other industrial action whether of Glassworks or any other party or any other cause whatsoever.
5. (a) Risk in the goods passes to the Customer at the time of dispatch from Glassworks’s premises.
(b) Property, title and ownership passes to the Customer on receipt by Glassworks of payment in full of all monies owing to Glassworks with respect to the goods.
(c) Until property, title and ownership passes to the Customer and without prejudice to any other rights of Glassworks:
i. The Customer shall separately hold/store the goods as a fiduciary bailee and/or Agency and appropriately mark the goods as such, until the goods have been paid for in full; and
ii. The Customer as Agent of Glassworks shall keep separate records in relation to the proceeds of the sale of any goods which have not been paid for, bank the proceeds of any such sale into a separate account in trust for Glassworks and immediately remit such funds to the credit of Glassworks.
If the Customer does not pay for the goods on the due date specified in this Agreement, Glassworks is hereby irrevocably authorised by the Customer to enter the Customers premises during business hours (or any premises under the control of the Customer) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the customer whatsoever.
6. The Customer agrees should any goods be annexed to any item or structure, the goods so annexed shall not be deemed for the purpose of payment as a fixture nor shall it lose its individual nature until the goods have been paid for in full.
7. Goods and Services Tax or any other government imposts shall be included where and when applicable in the amount payable by the Customer except if specifically exempted and agreed to in writing by both parties.
8. Unless otherwise expressly agreed in writing, the prices of the goods and/or services shall be the price nominated in Glassworks’s price list current at the time of the delivery. Prices are subject to alteration without notice, however, every effort will be made to give 14 working days notice of price changes.
9. The Customer will be responsible for immediate examination of the goods and/or services after arrival of the goods and/or performance of the services at the place of delivery or performance. The Customer shall be deemed to have accepted the goods and/or services to be of the quality and quantity ordered unless Glassworks is notified of the particulars of any claim in writing within 7 days after arrival of the goods at the place of delivery or the performance of the services. The failure of the Customer to make a claim concerning the quality or quantity of the goods within 7 days of their delivery shall be an absolute bar to such a claim.
Glassworks will not accept return of the goods under warranty or a claim in relation to services provided unless then same is authorised by Glassworks. To obtain authorisation, the Customer must provide the following information in writing within fourteen days of delivery or performance:
i. The Customers account number, account name, address, phone number and contact person’s name.
ii. Glassworks’s invoice and job number.
iii. Clearly state the reason for the claim and details of the goods from Glassworks’s invoice.
A re-stocking and handling fee may be charged to the Customer. No refunds will be accepted or credits will be issued for any special orders or goods made or cut to order or for any goods that were purchased as sale items.
10. The only conditions and warranties which are binding on Glassworks in respect of the state, quality or condition of the goods and/or services supplied by it to the Customer are those imposed and required to be binding by statute (both State and Federal). To the extent permitted thereby, the liability, if any, of Glassworks arising from the breach of such conditions or warranties shall at Glassworks’s option, be limited to and completely discharged by:
a) In the case of the goods and/or services supplied by Glassworks to the Customer who is a ‘consumer’ as defined in the Trade Practices Act 1974:
i. Any remedy provided by Statute;
ii. The replacement or re-supply of the goods by Glassworks;
iii. The payment of the cost of replacement of the goods; or
iv. The payment of the cost of repair of the goods.
b) Otherwise, by the replacement of those goods and/or services or the payment of the cost of the replacement of the goods and/or services, whichever is lower.
And in any event, Glassworks shall have no responsibility by for any special, consequential, direct or indirect loss, damage, harm or injury suffered or incurred by the Customer. And all other conditions and warranties, whether express or implied by law in respect of the state, quality or condition of the said goods and/or services which may apart from this clause be binding upon Glassworks are hereby expressly excluded and negated.
11. Whilst every effort is made to ensure their accuracy, the descriptions, illustrations and material contained in any catalogue, price list, brochures, leaflets or other descriptive matters provided by or on behalf of Glassworks represent the general nature only of the items described therein and the use of such descriptions shall not constitute a contract of sale by description. Glassworks reserves the right to modify the design of the goods without notice.
12. The Customer indemnifies and keeps Glassworks indemnified against all loss suffered or incurred by the Customer arising out of the use of the goods and/or services which loss is caused by the negligence or wilful act or omission, product modification or alterations of the Customer, its employees, agents or contractors, or failure to use the goods and/or services in accordance with suppliers or manufacturers instructions or common or accepted industry practice.
13. An order lodged with Glassworks cannot be cancelled or delivery delayed without Glassworks’s prior agreement.
14. This Agreement shall in all respects be construed and operate in conformity with the laws of the State of Victoria and all matters arising hereunder shall be justiciable in the Courts of that State. If any of the provisions of this Agreement are invalid or unlawful by any applicable statute or rule of law, they are to that extent deemed to be omitted and severed from the remainder of these terms and conditions of sale.