Terms and Conditions
In these Conditions of Sale, the terms ‘Company’ and ‘Royal Glass’ refer to Royal Glass. The term ‘Customer’ refers to the person, firm, partnership, or company to whom any quotation is addressed and/or with whom any contract is made. ‘Goods’ refer to the goods, materials, or products agreed to be sold and described in the quotation. ‘Company’s Conditions of Sale’ encompass the Company’s Conditions of estimate, quotation, or tender. The Customer’s ‘Conditions’ include Conditions of order, subcontract, or suchlike.
These Conditions of Sale are integral to the contract between you (the “Customer”) and us, “Royal Glass”. They prevail unless specifically altered in writing between the Customer and Royal Glass. The contract is formed by these Conditions of Sale, the Quotation, and any other written matter signed or accepted at the time of agreement of the Quotation (the “Contract”).
I. Complimentary Consultation
The complimentary one-hour consultation, inclusive of administrative time spent in preparing quotes, is available to new clients considering Royal Glass for their construction projects. This session includes reviewing project requirements, providing advice, insights, and costing, and answering questions about the construction process and timelines.
If further assistance or additional consultations are required beyond the initial one-hour period, a consultation fee of $190 plus GST per hour will apply. Payment for additional consultation time must be made upfront. The upfront consultation fee will be deducted from the total project cost once the job is confirmed and a contract is signed. This deduction will be reflected in the final invoice for your project.
Rescheduling requires at least 24 hours’ notice. Cancellations made with less than 24 hours notice may incur a cancellation fee equivalent to one hour of consultation at $190 plus GST.
Proceeding with the consultation services constitutes acceptance of these terms and conditions, ensuring transparency and clarity.
II. Payment Terms
Supply only by Royal Glass
Orders will require payment in full prior to ordering. For the avoidance of doubt, no property or title in any goods, items, or things supplied, delivered, fitted, or otherwise provided by the Company to the Customer transfers from the Company to the Customer until the Company has received payment in full.
Supply and Installation by Royal Glass
Initial Payment: 50% of Price to be paid at the time of ordering;
Final Payment: 50% of Price to be paid 3 days from completion of works or 30 days from completion if you hold an account with Royal Glass.
No job will commence until a deposit or purchase order has been received. The installation schedule will be advised after the placement of the order and payment of the deposit.
Projects that will undergo floor treatment such as tiles, timber, or granite laid prior to the installation of the glass balustrade may not be measured or produced until the floor treatment has been fitted. Carpet is normally fitted after the installation of the glass balustrade.
Final payment must be cleared within 3 days after job completion.
Late payments will incur a 1% weekly interest charge on the outstanding amount.
III. Guarantee
We will issue our official guarantee, which will be dated so that it takes effect from the date of the final invoice issue date. Upon commencement of the guarantee, a 1-year non-transferable guarantee (the “Guarantee”) will begin. During the period of the guarantee, Royal Glass covers the free replacement of parts should they prove to be faulty, but any labor charges incurred in the secondary period are to be paid by the Customer. Glass is not covered by the guarantee, only workmanship. Hardware and parts are covered by their own manufacturers’ guarantee. Where Royal Glass is unable to provide an exact replacement, a similar product will be provided of the same quality.
In order for any claim to be made under the Guarantee:
– Any claim arising from a defect in materials or workmanship must be made in writing to Royal Glass within 7 days of the guarantee start date; failing which, no claim under the Guarantee can be made.
– Unless cleaning and maintenance of our products are regularly undertaken in accordance with our “Product Care and Maintenance” leaflet (available on request at our offices), the Guarantee will cease.
– In the event of any claim against Royal Glass under the Guarantee, the burden of proof that adequate and regular maintenance has been undertaken rests with the Customer.
– In the event of any claim made and accepted under the Guarantee, Royal Glass will be liable only to replace such defective product or part of the product, as there may be, but will NOT be liable for any consequential or other loss and/or damage caused by the failure or deficient performance of a guaranteed product. No guarantee is given that any of the products are visually perfect. All glass products supplied by Royal Glass may contain minor visual imperfections. The criteria to be applied for the acceptability of such visual marks are those stated in units’ copies of which are available on request from the Company’s head office or such successor publication and/or guidelines as may be issued from time to time.
In view of ongoing development and engineering programs, Royal Glass reserves the right to make product changes in the specification or provenance of products without notice. Whether or not this Condition is expressly printed on Royal Glass literature, technical drawings, and catalogs, if such changes occur, the Customer will be provided with an equivalent or near-equivalent product. The Customer will be entitled to a reduction in the Final Payment if the product is changed and is cheaper and will be obliged to pay an additional amount if the product is changed and is more expensive.
IV. The Company’s Estimate
Any estimate submitted by the Company is based on the Customer’s enquiry documents, any qualifications thereto by the Company, the Company’s product and service specifications, and the Company’s Conditions of Sale. It is the Customer’s responsibility to check that the Company has, in its Quotation, interpreted the Customer’s enquiry correctly.
V. Fluctuations
Unless otherwise stated, any Quotation by the Company is on a fluctuation basis and is subject to adjustment, commensurate with the rise or fall of the cost of materials and/or labor.
VI. Special Attendances By Customer
Unless otherwise stated, any Quotation by the Company is subject to the Customer providing free of charge to the Company special attendances on site, such as all necessary scaffolding, hoisting tackle, lighting, power, water, and unloading, distribution, safe and adequate and secure storage of the Company’s materials and plant.
VII. Availability of Labour and Goods
Any quotation by the Company is subject to goods and/or labor being available at the time the work is required to be executed. The Company cannot be held liable for any shortages and delays in delivery through happenings beyond its control, e.g. Manufacturer’s late deliveries, strikes, war, loss, damage, transport delays, etc.
VIII. Exclusions
Unless otherwise stated, any Quotation submitted by the Company does not include: Any type of protective coating or tape or the removal thereof or final cleaning down. The provision and the making of templates for shaped or bent glass.
IX. Customer’s Own Conditions
In the event that the Company accepts a Customer’s order, any Customer’s Conditions that form part of the Customer’s order are not deemed accepted by the Company unless specifically agreed to in writing.
X. Acceptance Of Order And Cancellation
Any order placed by a Customer is subject to acceptance in writing by the Company. Orders canceled by the Customer are subject to cancellation charges at levels commensurate with the normal retail value of the goods and/or services supplied or produced up to the date of receipt of notice of cancellation.
The customer is entitled to cancel this contract in writing for any reason within three days of the date on which the contract was agreed, in which event any amount prepaid will be refunded, provided Royal Glass has not incurred any liability in respect of the order. If any liability to any party, including any third parties, has been incurred, then an amount prepaid may be used by Royal Glass without further recourse to discharge such liability. After the expiration of the 3-day period, cancellation by the customer is not possible.
Royal Glass may unilaterally cancel this contract if, in its surveyor’s opinion, existing structures or any of the supports are of insufficient span or lacking in strength; or internal or external access is inadequate for the purpose of installation; or the proposed specification infringes By-Laws or statutory or other regulations; or aperture details are not suitable for the proposed work.
In any event, the company may accept or reject the order at the time it is placed and/or at the time it is surveyed if later. It is the Customer’s responsibility to make an application for planning or other regulatory approvals; Royal Glass cannot be held responsible for any consequential costs incurred by the customer if any such consent was not obtained. Installation dates provided by Royal Glass are given in good faith but without obligation. Royal Glass will endeavor to meet installation dates but will not be liable for any loss, damage, or other prejudice suffered by the customer, howsoever arising, as a result of any delay in installation. Whenever Royal Glass is instructed to work on a Customer’s glass and/or framing, it accepts no responsibility for breakage of the glass or damage to the framing while working on these materials. This work is done entirely at the Customer’s own risk, and Royal Glass expressly excludes all liabilities for replacing any damaged materials, which the Customer accepts.
XI.Change Request Policy
Clients may make up to two changes to the project scope or requirements at no additional cost upon signing the contract and job summary. Further changes will incur an administrative charge of $190 plus GST per hour, in addition to the cost of the update.
XII. Missed Appointment Policy
If a client fails to provide access to the property at the scheduled time without rescheduling or sending a prior notice, a missed appointment fee will be charged. The fee is $200 or 5% of the project cost, whichever is higher.
XIII. Site Condition Clause
During the initial site assessment, our team will document the existing conditions of the site to assess the feasibility of the proposed installation. Clients must inform us immediately if any conditions at the site change after the initial assessment but before the scheduled installation. This includes structural changes, obstructions, or any modifications that could impact the installation process. Any significant changes that were not communicated may result in additional charges to cover the cost of additional materials, labour and delays. Any changes must be communicated promptly to avoid disruptions.
XIV. Unimpeded Working Time and Notice to Commence Damaged or Defective Materials
The Company will not accept any claim for damaged materials unless notified in writing within 7 working days of delivery or fixing.
XV. Interim Applications
Throughout the progress of the works, the Company will render invoices at monthly intervals at levels commensurate with any work carried out. Unless payment is received within fourteen days after certification of the works or by the 28th day of the month following the invoice date, the Company reserves the right to suspend further work or deliveries and to charge interest on the sum outstanding at the end of each month at the rate of 1% per month. Furthermore, should the Company deem that further action or legal representation is necessary to recover any debt, all costs and charges incurred will be rendered in full to the Customer.
XVI. Retention Property In Goods
Until payment by the Customer is received in full by the Company for the price of the goods, the property in the goods shall remain the Company’s. The Customer shall hold the goods in a fiduciary capacity for the Company and shall store them in such a manner, at their own expense, so that they shall at all times be identifiable as goods of the Company. If the Customer shall receive any payment in respect of the goods from whosoever, the Customer shall receive and hold such monies on behalf of the Company and shall, without undue delay, pay all due sums to the Company in respect of the goods.
XVII. General Product Specification
Anodized and painted finishes are available in a range of colors. The Company cannot guarantee an exact color and surface texture match between all components, but ‘top and bottom anodizing color limits’ samples are available on request. The surface finish of glass shall be permitted to contain visual imperfections that are not exceptionally obtrusive when viewed at 90 degrees from a distance of two meters in natural daylight, for laminated and toughened glass, three meters.
XVIII. Research And Development
In view of its ongoing development and engineering programs, the Company reserves the right to make product changes in the specification of products without notice, whether or not this Condition is expressly printed on the Company’s literature, technical drawings, and catalogues.
XIX. Limited Warranty
The Company warrants that the goods installed by it shall be free from material defects in material and workmanship for a period of one year after installation, provided that the goods are maintained by the Customer according to prevailing correct practices. Copies of maintenance and cleaning schedules are available upon request from the Company.
The sole and exclusive remedy with respect to the above warranty or with respect to any other claim relating to defects or any other conditions arising from the use of the goods supplied by the Company, however caused, and whether such claim is based upon warranty, contract, negligence, strict liability, or otherwise, is limited to the repair or replacement of such products or repayment by the Company of the purchase price paid to it, at the Company’s option.
THE COMPANY DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR PROFITS.
XX. Terms and Conditions for Balustrades and Pool Fences
All stainless steel must be cleaned by the Customer with approved oil-based cleaners every 5 – 7 months if coastal and 8 – 10 months if non-coastal. Aluminium must also be cleaned the same way with approved aluminum cleaners. All care will be taken when drilling base materials, but in the case of cracking, chipping, or damages, Royal Glass accepts no responsibility unless the duty of care was not taken while drilling. Royal Glass does not accept any responsibility if the base material fails over time or is not suitable for fixings, i.e., damp bricks (water damage). 10mm glass has a +3mm/-3mm tolerance and a bow of up to 3mm. 15mm glass has a +5mm/-5mm tolerance and a bow of up to 3mm. 17.5mm and 21.5mm are the same as 10mm but may have an overlap of up to +3mm/-3mm and a bow of up to 3mm. Scratches must be visible by the naked eye in natural light from 1500mm away, as standard and stated by all our suppliers. All tolerances on templates are +5mm/-5mm on any glass due to the digitising processes.
XXI. Terms and Conditions for Partitions
Regular cleaning and maintenance must be carried out on all products. All glass has a +3mm/-3mm tolerance on 10mm glass and a bow of up to 5mm as standard and stated by all our suppliers. All tolerances on templates are +5mm/-5mm on any glass due to the digitising processes. Scratches must be visible by the naked eye in natural light from 1500mm away, as standard and stated by all our suppliers.
XXII. Terms and Conditions for Splashbacks
Glass must be cleaned by the Customer with approved glass cleaners. The silicone has a 6-12 month lifespan and will need to be replaced at the cost of the Customer. Some seals will last longer if care and regular non-abrasive cleaning is done. Regular cleaning and maintenance must be carried out on all products. Royal Glass does not accept any responsibility if the base material fails over time or is not suitable for fixings, i.e., damp plaster (water damage). 6mm glass has a +3mm/-3mm tolerance and a bow of up to 3mm. Scratches must be visible by the naked eye in natural light from 1500mm away, as standard and stated by all our suppliers. All tolerances on templates are +5mm/-5mm on any glass due to the digitising processes. Royal Glass is not a qualified electrician and accepts no responsibility whatsoever for breakage or damage to electrical components.
XXIII. Terms and Conditions for Showers
Shower enclosures are not 100% watertight. We aim to eliminate all leaks to the best of our ability, but water pressure, tray alignment, water draining, and showering habits cannot be accounted for. The seals have a 6-month lifespan and will need to be replaced at the cost of the Customer. Some seals will last longer if care and regular cleaning is done. Regular cleaning and maintenance must be carried out on all products. All glass has a +3mm/-3mm tolerance on 10mm glass and a bow of up to 5mm as standard and stated by all our suppliers. All tolerances on templates are +5mm/-5mm on any glass due to the digitising processes. Scratches must be visible by the naked eye in natural light from 1500mm away, as standard and stated by all our suppliers.
XXIV. Disclaimer
Whenever Royal Glass is instructed to work on or to process a Customer’s own materials such as glass, framing, templates, etc., it accepts no responsibility whatsoever for breakage or damage to said goods. Any such work is carried out entirely at the risk and cost of the Customer.
XXV. Retention of Title
Ownership of the goods supplied by Royal Glass shall remain with Royal Glass until full payment for the goods has been received and cleared. If the purchaser fails to make any payment due to Royal Glass for the goods supplied, Royal Glass reserves the right to reclaim possession of the goods without prior notice and without prejudice to any other rights it may have under this agreement or at law. Despite the retention of title by Royal Glass, the risk of loss or damage to the goods shall pass to the customer upon delivery. The customer agrees to insure the goods against all risks while they remain the property of Royal Glass. If the customer becomes bankrupt, insolvent, or enters into administration, liquidation, or receivership, Royal Glass shall be entitled to recover any goods supplied and retain any payments already made as compensation for the use and depreciation of the goods.
XXVI. Personal Guarantee
In consideration of Royal Glass agreeing to supply goods or services to the Purchaser, the Guarantor personally guarantees the payment and performance of all obligations of the Purchaser under these terms and conditions:
The Guarantor acknowledges and agrees that their liability under this personal guarantee is a primary, unconditional, and continuing obligation. This means that the Guarantor will be personally liable for any amounts owed to Royal Glass if the Purchaser fails to pay or otherwise perform its obligations. The Guarantor agrees to indemnify Royal Glass against any losses, costs, or expenses incurred as a result of the Purchaser’s default or non-performance of its obligations, including any legal fees or costs associated with enforcing this guarantee.
Royal Glass may, at its discretion, enforce this personal guarantee against the Guarantor without first taking action against the Purchaser or any other party. The Guarantor waives any right to require Royal Glass to pursue any other remedy or take action against any other person before enforcing this guarantee. This guarantee will remain in effect until all obligations of the Purchaser under these terms and conditions have been fulfilled and all amounts due to Royal Glass have been paid in full.
Any modifications or extensions of the terms and conditions between Royal Glass and the Purchaser will not affect the Guarantor’s obligations under this guarantee unless expressly agreed in writing by Royal Glass. No waiver by Royal Glass of any breach of this guarantee will constitute a waiver of any other breach or of the Guarantor’s obligations under this guarantee.
XXVII. Shopfloor Drawings and Sketches
All shopfloor drawings, sketches, and visual representations from Royal Glass are for illustrative purposes only and are not to scale. They may not accurately reflect actual dimensions or details. Royal Glass is not responsible for any errors or discrepancies. Customers must verify all dimensions before proceeding. Royal Glass reserves the right to adjust products or installations based on final specifications or site conditions.