Terms and Conditions
TERMS AND CONDITIONS
1. General
- a) These Terms and Conditions apply to all products, services, and quotations provided by Barwon Glass. By engaging with us, you accept these terms.
- b) In case of any conflict between these Terms and Conditions and those implied by any other documents related to an inquiry, order, or contract, these Terms and Conditions shall take precedence.
- c) Acceptance of goods or services is considered acceptance of these terms. No alternative terms will apply unless agreed upon in writing by the Management of Barwon Glass.
- d) Barwon Glass reserves the right to amend or adjust a quotation if unforeseen circumstances arise or additional work becomes necessary that wasn’t apparent during the initial quote.
- e) Any deposit paid is intended to cover material costs. If you decide not to proceed with the quoted work, you will still be responsible for any materials ordered on your behalf.
- f) We aim to provide accurate timeframes based on manufacturer and supplier lead times. While we work to meet these timelines, delays outside of our control may occur. Please understand that we do not receive discounts for delays from our suppliers, and we cannot extend discounts to clients in such instances. The quoted price is final and binding upon acceptance, and we do not renegotiate prices after work completion.
2. Limitation of Liability
- a) Written quotations are valid for thirty (30) days from the date of issue and are subject to confirmation by Barwon Glass before acceptance after that period.
- b) Prices may be subject to market fluctuations, with charges reflecting current rates at the time of dispatch.
- c) Goods and Services Tax (GST) will be applied where applicable.
- d) Payment terms are STRICTLY 7 DAYS from the date of the invoice for approved purchasers. Failure to pay by the due date may result in credit suspension and, if unpaid, may lead to debt collection, with all related costs added to the invoice.
- e) Barwon Glass reserves the right to modify payment terms or require full payment prior to delivery at our discretion.
3. Risk and Title
- a) Ownership of products remains with Barwon Glass until full payment is received.
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b) The purchaser agrees to:
- Protect products from loss, theft, or damage.
- Maintain the products in good condition and working order.
- Comply with all legal requirements related to the possession or ownership of the products.
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c) Until ownership transfers to the purchaser, they must:
- Clearly mark the products as Barwon Glass property.
- Not resell or transfer the products outside of normal business operations.
- Permit Barwon Glass entry for product inspection with 24 hours’ notice.
- Keep records to distinguish products from other inventory.
- Maintain products as Bailee of Barwon Glass.
- Ensure the products remain insured against theft, damage, and destruction. If not insured, Barwon Glass may insure them, and the purchaser will cover the cost.
4. Personal Property Securities Act
- a) Title remains with Barwon Glass until full payment is made.
- b) The purchaser consents to Barwon Glass registering its rights under the Personal Property Securities Act 2009 (PPSA).
- c) The purchaser agrees that Barwon Glass has a security interest in all products and services supplied.
- d) The purchaser consents to Barwon Glass registering a financing statement for security interest and agrees to provide any further documentation or information required.
5. Returns
- a) No returns will be accepted for credit without prior approval. Claims for credit must be submitted in writing within seven (7) days of product dispatch, including the Invoice No., date of return, and reason.
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b) Goods that cannot be returned for credit include:
- Custom-sized merchandise.
- Specially manufactured or treated goods.
- Goods altered or damaged by the purchaser.
- c) Acceptance of returned goods does not automatically qualify for a credit note. Credit is issued based on warranty and trading terms specified by the manufacturer.
6. Disclaimer
- a) Barwon Glass does not provide consulting on products not manufactured by us, nor do we accept liability for advice or information provided about such products.
- b) Customers are responsible for verifying product information with the manufacturer. Barwon Glass will not be liable for any loss or damage resulting from reliance on such advice or information. Claims for indirect or consequential loss, damage, or expenses from the use of our products will not be considered.
7. Liability
- a) Barwon Glass is not liable for misrepresentations due to errors in printing, clerical mistakes, or unconfirmed statements made by third parties. Only written statements confirmed by Barwon Glass will be acknowledged.