I hereby contract Ocean Blue Glass to manufacture, Install, supply the products described in my official quote and paying the deposit acknowledge the special conditions listed herein:
1. Acceptance of order - By paying your deposit, you acknowledge that you have read and agree to the terms and conditions. By contracting our products and services via either text, phone or email, even in circumstances where a deposit has not been made, you acknowledge that you have read and agree to the terms and conditions stipulated in this contract. As all of our products are custom manufactured to order the acceptance of our quotation is defined as an order to commence cutting of raw materials for production. Once this has commenced cancellation of this order cannot be accepted by Ocean Blue Glass.
2. Delivery and Installation - Ocean Blue Glass will at all times endeavour to supply, deliver and install all products ordered for specified dates but cannot be held responsible by material shortages supplied by others. Failure to meet installation deadlines cannot be constituted as a breach of contract and will not enable the cancellation of this order. At times our installers will need to leave glass and materials on-site in order to avoid double-handling; if any materials are damaged or destroyed it will be at cost to the owner and may cause a significant delay in the completion of the project. Our team will always ensure the product is left in a safe location and will give clear instruction not to touch it.
3. Workmanship - Ocean Blue Glass will at all times carry out the installation of your order in a tradesman-like manner; however, we cannot be held responsible for any damage accidentally caused by the installer. The customer should ensure that all movable items be removed from shelves, floor, vanities etc. and that access to the site is unblocked and safe for passage. A clear passageway must be made for our installers (eg. cover carpet with a drop-sheet) as our installers cannot remove their work boots due to safety reasons. All other items subject to damage should be either cleared or protected to enable our installer clear access so that works can be performed without hindrance. Ocean Blue Glass requires you to notify us of the location of any water pipes prior to installation. It is not the responsibility of Ocean Blue Glass if a water pipe is damaged and the position was not disclosed.
4. Quality of Materials - Ocean Blue Glass only accepts materials from suppliers who meet the highest industry standards. Hence, we cannot accept responsibility for minor imperfections in glass, aluminium, slight colour variations of metal, small scuff marks or scratches not visible from a distance of 3m held in a perpendicular position using daylight without direct sunlight, etc. when all such occurrences are within Australian Standards.
5. Rubbish - All rubbish is to be removed by clients unless otherwise specified. Any paid removal of existing products will be disposed of by Ocean Blue Glass.
6. Removal of existing products - Ocean Blue Glass will use all reasonable endeavors to ensure no damage is done when removing existing products. However, due to the fact that Ocean Blue Glass is unaware of the condition of the existing products, the structure they are fitted to, or how the existing products were originally installed and manufactured, Ocean Blue Glass cannot be liable for damage caused by the removal of the existing product. Existing fixture holes from previous products will be covered where possible but due to the wide array of different shower screen sizes it is not our responsibility to cover these holes.
7. Variations - Any alteration from the accepted order involving extra materials or labour costs will only be undertaken upon an agreed variation and may incur additional charges.
8. Payments and Terms - Payment terms will be specified in your quote. Gold Coast Shower Screens accept Cash, Card, PayPal and Bank Transfer (payment via Card attract a 1.5% fee on orders of $800.00). Orders will only be placed once funds have been received. C.O.D orders must make payment to the installer before they leave site.
9. Warranty and Guarantee - Ocean Blue Glass guarantee all installed products for a period of 12 months against workmanship, installation and material defects. All warranty claims require proof of purchase.
Repairs or replacements under this warranty do not extend the warranty period and do not initiate a new warranty period and the warranty period for any replacement parts ends together with the warranty for the entire product.
The warranty is not transferrable.
This warranty does not apply in respect of defects arising from :
- Normal wear and tear;
- The failure to follow any installation procedures, operation, or maintenance specified or recommended by Ocean Blue Glass for the product.
- Any circumstances beyond the control of Ocean Blue Glass, such as unauthorised repairs, tampering, misuse, abuse, accident, damage in transit, natural events, or damage caused by animals.
10. Rectifications and Defects - Ocean Blue Glass must be given the opportunity to rectify any defects with your product that present themselves during or after installation. In no circumstances is a full refund applicable. Certain discounts may be applicable at the discretion of any manager at Ocean Blue Glass. If a defect in the product arises then the purchaser must notifiy Ocean Blue Glass within 14 days in writing of discovering the defect and return the defective product or a defective component part of the product to Ocean Blue Glass, freight prepaid, together with a proof of purchase. Or advise Ocean Blue Glass of the defect within 14 days following installation and payment for the order has been made in full
11. Call out Fees - Ocean Blue Glass reserves the right to charge a callout fee for any booking cancellations made within 24 hours from the scheduled time and date. The minimum callout fee payable is $120 + GST
· Title of the goods only passes to the buyer when receipt in full has been received by Ocean Blue Glass (the seller) for the full amount of the goods.
· Notwithstanding that title remains with the seller until payment in full is received, the risk in the goods passes to the byer upon delivery.
* Note: Intrinsic to the nature of glass and the toughening process an inherent fault exists whereby a panel of glass may, without any identifiable reason, fracture and break. This is a rare condition however we are legally obliged to inform you of this issue pursuant to "Consumer Guarantees" "Exceptions to Guarantees" as outlined by the Australian Competition and Consumer Commission under the point: "knew of or were made aware of the faults before you bought the product". This product and your foreknowledge therefore falls under this category for exception to guarantee.