These Conditions of Service form part of a contract between you (the “Customer”) and us (“REAL GLASS REPAIR – DOOR & WINDOW GLASS REPLACEMENT PTY LTD”) for the provision of Glass Replacement Services (“Services”). Please read these Conditions of Service carefully as they contain important information about your rights and obligations.
Acceptance of Terms
1. By requesting or purchasing the Services, you confirm that you have read, understood and agree to be bound by these Conditions of Service. If you do not accept these Conditions of Service, you must not request or purchase the Services.
2. We may amend these Conditions of Service at any time by publishing the revised Conditions of Service on our website. Any changes will become effective from the date of publication. You should check this page periodically to ensure you are familiar with the current version.
Provision of Services
3. We agree to provide the Services in accordance with these Conditions of Service and any other specifications or instructions that you have provided to us.
4. We will use all reasonable skill and care in providing the Services.
5. If we are unable to provide the Services as a result of force majeure (including without limitation, war, terrorist activity, riots, civil commotion, fire, flood, earthquake or similar events beyond our reasonable control), we will give you notice as soon as is reasonably possible and will take all reasonable steps to resume performance of the affected Services as soon as is reasonably possible.
6. We may engage one or more subcontractors to carry out all or any part of the Services on our behalf.
Customer Obligations
7. You agree to provide us with:
– any information, documents, materials and approvals that we may reasonably request from time to time in order to provide the Services; and
– access to your premises and any other relevant areas, at all reasonable times, as may be necessary for us to provide the Services.
8. You acknowledge that we will need your co-operation in order to provide the Services and you agree to provide such co-operation as is reasonably necessary.
9. If you fail to comply with your obligations under these Conditions of Service, we may be prevented from providing the Services or be delayed in doing so and we will not be liable for any resulting loss or damage.
10. You must not interfere with our equipment or obstruct our employees or agents when they are providing the Services.
11. If we need to enter your premises in order to provide the Services, you must ensure that any relevant areas are safe and free from hazards.
12. You must obtain all necessary consents, approvals and permissions required in connection with these Conditions of Service and the provision of the Services.
Intellectual Property Rights
13. We (or our licensors) retain ownership of all intellectual property rights in any materials or content that we provide to you as part of the Services and/or which are otherwise necessary for us to provide the Services. This includes (without limitation) any reports, plans, drawings, designs, methods, processes, know-how and formulae.
14. You must not copy, reproduce, modify or in any way commercially exploit such materials or content.
Price & Payment
15. The price for the Services is as set out in our quotation or, if no quotation has been provided, as otherwise notified by us to you from time to time (“Price”). The Price is exclusive of any taxes and other amounts payable in relation to the Services.
16. Unless we agree otherwise with you, you must pay the Price within 7 days of the date of our invoice.
17. If you fail to make a payment when due, we may charge interest on the overdue amount at the rate of 4% per annum above the then current base lending rate of St George Bank. Such interest shall accrue daily and be calculated by reference to the period of time during which the payment remains outstanding, whether before or after any judgment. You must pay us such interest together with any overdue amount.
18. If you dispute an invoice in good faith, you must still pay any undisputed amount by the due date and notify us of the dispute within 7 days of the date of invoice, providing full details of the grounds for the dispute.
Lifetime Warranty on Workmanship
19. We warrant that the Services will be provided with due care and skill and that, except as expressly stated in these Conditions of Service or otherwise notified by us to you, all materials used in providing the Services will:
– be new;
– be free from defects in design, material and workmanship; and
– be of satisfactory quality (within the meaning of the Trade Practices Act 1974 (Cth)).
20. This warranty does not extend to circumstances where the defects are caused by:
– any design, materials or specifications provided or specified by you;
– any wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the materials without our prior written consent;
– any combination of the materials with other products where such combination causes any defect in the materials; or
– fair wear and tear.
21. If the Services do not comply with the warranty set out in condition 19, we will (at our option and at our expense):
– re-supply the defective Services; or
– modify the defective Services to make them comply with the warranty set out in condition 19; or
– refund to you an amount equal to the Price paid by you for such defective Services,
provided that you must notify us in writing of any defect within 7 days of discovery of the defect and must allow us a reasonable opportunity to remedy the defect.
Limitation of Liability
22. To the maximum extent permitted by law, we exclude all liability for any loss or damage (including without limitation indirect, special or consequential loss or damage) incurred by you in connection with these Conditions of Service or the provision of the Services, however caused and whether arising due to negligence or otherwise, except to the extent that such loss or damage is directly attributable to our breach of a guarantee implied by law which cannot be excluded.
23. Notwithstanding any other provision in these Conditions of Service:
– we limit our liability for breach of a condition or warranty implied by law (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974 (Cth) as amended) to supplying, or paying the cost of supplying, the Services again or repairing, or paying the cost of repairing, the materials; and
– we will not be liable for any indirect, special or consequential loss or damage arising in connection with these Conditions of Service or the provision of the Services.
24. You acknowledge that the Price has been calculated having regard to the limitations of liability set out in this condition 22 and, except as may be otherwise required by law, you agree that those limitations will survive and apply even if found to have failed in their essential purpose.
25. You agree to indemnify us and hold us harmless from and against any liability, loss, damage or cost incurred by us arising out of or in connection with any breach of these Conditions of Service by you.
Manufacturers Warranties
26. Glass used in the Services is covered by a manufacturer’s warranty against defects in materials and workmanship for a period of 10 years from the date of installation.
27. Where applicable, double glazed units are also covered by a manufacturer’s warranty against defects in materials and workmanship for a period of 5 years from the date of installation.
28. Notwithstanding any other provision in these Conditions of Service, nothing in these Conditions of Service is intended to exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot be lawfully excluded, restricted or modified.
29. This condition 26 does not apply in respect of any Wilful Damage (as defined in condition 20).
Free Quote and Site Survey
30. We will provide you with a free quote for the Services which will be valid for 30 days from the date of issue.
31. We may conduct a site survey prior to providing you with the free quote.
32. If we do not conduct a site survey, it is your responsibility to ensure that the site is suitable for the installation of the Services and that there are no obstructions which would prevent us from installing the Services.
Booking and Cancellation
33. Once you have accepted our free quote, you must book a time for us to provide the Services.
34. We will make every effort to accommodate your preferred booking time, however we cannot guarantee that your preferred booking time will be available.
35. If you need to cancel or reschedule your booking, you must provide us with at least 48 hours notice.
36. If you do not provide us with at least 48 hours notice, you may be liable for a cancellation fee.
37. We may cancel your booking at any time prior to providing the Services if we reasonably believe that:
– the site is not suitable for the installation of the Services; or
– there are obstructions which would prevent us from installing the Services.
38. If we cancel your booking pursuant to condition 37, we will provide you with a full refund of any money paid by you in relation to the booking.
