All good and services supplied by Glass and Joinery Services are supplied on these terms of trade, unless otherwise agreed in writing.
Quoting and Pricing
The price for all goods and services will be as quoted by Glass and Joinery Services in writing to the customer. If Glass and Joinery Services has not provided a written quote, then standard charges will apply.
The price may be varied at Glass and Joinery Services sole discretion if;
i. A variation to the goods or services quoted is requested by the Customer; or
ii. Where additional services are required due to the discovery or hidden or unidentifiable difficulties (including, but not limited to, limitations to accessing the site, safety considerations, obscured defects, prerequisite work by any third party not being completed, change of design, inaccurate measurements provided by the Customer) which are only discovered on commencement of the services.
Glass and Joinery Services may withdraw a quote for the provision of goods and services at any time before it is accepted by the customer.
The quote is valid for 30 days, upon acceptance of the quote via reply email Glass and Joinery services we require the following;
iii. 50% deposit paid by direct credit to JAW Contracting Ltd, account number 06-0541-0714583-20
iv. The remaining 50% balance is due for payment within 7 days upon receipt of the final invoice unless otherwise agreed in writing.
Please note, no products will be ordered without this deposit. In the event of cancellation of the order this deposit will be retained.
Payment may be made by cash, cheque, bank cheque, electronic banking, credit card (only available in person on the day of installation) or by any other method as agreed to between the Customer and Glass and Joinery Services
Glass and Joinery Services may charge a surcharge for payments made by credit card
All amounts outstanding after the due date will be subject to late payment interest charge of up to 2.5% per month, compounding. Glass and Joinery Services may also recover from the Customer all legal and debt collection costs, including legal costs on a solicitor/client basis, incurred by Glass and Joinery Services in enforcing or attempting to enforce its rights under these terms of trade.
Glass and Joinery Services will:
i. Provide the goods and services in a timely and efficient manner; and
ii. Not be liable for any delay or non-performance in providing the goods or services if the delay or non-performance is attributable, either directly or indirectly, to the circumstances beyond the control of Glass and Joinery Services
The Customer will pay all amounts due and payable to Glass and Joinery Services
If the buyer has any claim in respect of defects, damage, failure to comply with a description or quote or short supply the claim must be made to Glass and Joinery Services in writing within 7 days of the date of delivery or installation.
Ownership and Risk
Where Glass and Joinery Services supplies any goods to the Customer, ownership does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the goods or otherwise, to Glass and Joinery Services
Until Glass and Joinery Services has received full payment, Glass and Joinery Services may register a financing statement pursuant to the provisions of the Personal Property Securities Act 1999 to secure payment in relation to the goods.
In relation to work that Glass and Joinery Services performs for the Customer, the Customer will acquire ownership of the product of that work in it’s tangible form including any correspondence, reports and any other documents prepared for the Customer’s use. The Customer is entitled to receive any such papers provided the Customer has discharged all outstanding indebtedness to Glass and Joinery Services.
Glass and Joinery Services may impose credit limits, which may be varied from time to time. If the Customer exceeds the credit limit, then goods and services may be withheld until the Customer’s account is back within the credit limit.
Warranties and Total Exclusion of Liability
Except as required by law, Glass and Joinery Services gives no express warranty in relation to any goods or services supplied to the Customer. The Customer acknowledges that it has not relied on any representation or warranty made on behalf of Glass and Joinery Services.
Certain legislation may imply conditions and warranties into these terms of trade. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.
The Customer acknowledges that if it acquires goods and services for a business purpose, then the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded.
Notwithstanding any other clause in these terms of trade, under no circumstances shall the Contractor be responsible to the Customer for any injurious act or default of the Contractor, nor, in any event, shall the Contractor be held responsible for any loss, injury or damage suffered by the Customer.
The Customer may give notice to Glass and Joinery Services at any time that it no longer wishes to receive goods and/or services. If this occurs, the Customer must pay Glass and Joinery Services fee’s for work done, and any other charges incurred, up until the date of termination.
Without prejudice to any of Glass and Joinery Services other remedies, if any amount payable by the customer to Glass and Joinery Services is overdue or the Customer becomes insolvent, commits an act of bankruptcy, enters into or is likely to enter in any arrangement with its creditors or in the case a resolution is passed or proceedings commenced for the liquidat8ion or voluntary administration of the Customer or it a receiver is appointed in respect of the Customers assets, then:
i. Glass and Joinery Services may cancel any outstanding order or arrangement with the Customer; and
ii. Any moneys payable by the Customer to Glass and Joinery Services whether due for payment or not will become immediately due and payable.
All notices or other communications to be given under these terms of trade will be given at the recipient’s last known place or address.
Privacy Act 1993
The Customer authorises Glass and Joinery Services to;
i. Access retain, collect and use any information about the Customer
ii. For the purposes of marketing products and services to the Customer
iii. Disclose information about the Customer, whether collected by Glass and Joinery Services from the Customer directly or obtained by Glass and Joinery Services from any other source, to any credit provider or any reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
iv. The Customer shall have the right to request Glass and Joinery Services to provide a copy of the information retained about the Customer and the right to request a correction to any incorrect information about the Customer held by Glass and Joinery Services.
No waiver of any breach of; or failure to enforce, any provision of these terms of trade at any time by any party in any way affects, limits or waives the right of such party thereafter to enforce compliance with these terms of trade
These terms of trade record the entire agreement between parties and prevails over any earlier agreement, written or oral, which are of no further effect
No amendment to these terms of trade is enforceable unless it is in writing and signed by the parties
Each party will promptly do everything reasonable required to give effect to these terms of trade
If any part of these terms of trade is held invalid or unenforceable by any judicial or other competent authority but would be valid or enforceable if some part of the provision were modified or deleted, the provision in question will apply with the minimum modification or deletion necessary to make it valid and enforceable, and the other provisions in these terms of trade will be unimpaired and will remain in full force and effect.
The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates a binding and valid legal obligations on it.
“Glass and Joinery Services” means JAW Contracting Ltd trading as Glass and Joinery Services, its successors and assigns or any person action on behalf of and with the authority or JAW Contracting Ltd trading as Glass and Joinery Services
“Customer” means the person/s buying the goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.