TERMS OF TRADE
These terms apply to all quotations and order confirmations for goods and services purchased from WANZ MEMBER ALERT GLASS ("the Supplier") by any person or entity ("the Customer") and supersede any previous terms of trade
Unless otherwise agreed in writing by both parties, these terms of trade will apply to any goods and services supplied by the Supplier and to any financial transactions between the parties.
a) Quotations are provided subject to the Supplier's payment terms. See 9) below.
b) Quotations are provisional only and all measurements and installation costs are subject to confirmation by a complete site measure and inspection once the order is confirmed. Any variations to the quotation as a result of the full site measure and inspection will be advised to the Customer prior to commitment of expenditure.
c) Quotations are valid for two months from the date of issuance.
d) Acceptance of the quotation constitutes an offer, acceptance of which constitutes agreement to purchase goods and services on these terms of trade.
e) Notwithstanding the above, the Supplier may also require a written order confirmation before proceeding, to which these terms of trade apply.
a) Delivery costs are not included in any quotation unless specifically noted.
b) Delivery of goods is deemed to have occurred at the time the Customer takes possession at the Supplier's premises or when delivered to site. Risk in the goods passes to the Customer at that point.
The Supplier is not responsible for securing building consents, inspections or any documentation required by third parties for any goods supplied.
a) The Supplier complies with the Consumer Guarantees Act 1993 and any additional product guarantees provided by suppliers of components to the Supplier or as specified in the quotation.
b) The Supplier warrants that the goods supplied will be to the specification on the quotation or as amended and agreed by the Customer on the Supplier's order confirmation. The Suppliers liability is limited to supplying goods as specified, and no claims can be made for consequential loss or other costs incurred by the Customer.
c) The Customer accepts that there may be variations, within industry standards, betweem the goods and the samples and colour indications shown to the Customer.
d) The Supplier is not responsible for damage to or failure to maintain the goods by the Customer or third parties.
e) In business to business transactions the Consumer Guarantees Act 1993 will not apply.
f) The supplier warrants that it will use reasonable care and skill in the performance of any work performed pursuant to the supply. The customer agrees that any claims made in respect of such workmanship will be lodged with the supplier within three months of the date of such work or will be regarded as invalid.
a) The Customer undertakes to ensure that the Supplier can deliver the goods safely on the site.
b) If the Supplier directly employs or contracts the installer of the goods, the Supplier reserves the right to refuse to install the goods if a safe site, as determined by the Supplier, is not provided by the Customer.
The Supplier will endeavour to deliver the order on the date specified in the quotation or order confirmation but no penalty in any form will apply, if for any reason whatsoever, a specified date is not met.
If the Customer cancels the order after acceptance of the quotation or order confirmation, the Customer will be responsible for an administration fee together with the full cost of the goods or such parts of the goods for which the Supplier has committed to pay.
a) The Supplier will retain full ownership of all goods supplied until such time as the purchase price has been paid for in full.
b) Payment is in cash at time of the acceptance of the quotation or order confirmation unless otherwise arranged in writing.
c) The customer will not attempt to withhold payment or any part thereof by way of set off counterclaim or otherwise in respect of warranty claims which the customer has made or intends to make
d) Credit terms may be offered. Please complete the Supplier's "Application for and terms of credit" form to enable the Supplier to provide you with suitable terms.
e) These terms may include but are not limited to the following:
f) The customer agrees to meet all debt recovery costs and management costs in the recovery of outstanding monies.
i) Deposit upon ordering with the balance due before the 20th of the month following delivery subject to credit checks being agreed and security being obtained.
ii) An agreement to create a security interest under the Personal Property Securities Act.
iii) Personal guarantees being provided by the Directors or Principals of the Customer.
iv)A financing statement being registered by the supplier over the goods.
10) Construction Contracts Act 2002.
The supplier reserves the right to invoke the Construction Contracts Act 2002 in respect of any supply pursuant to these terms of trade to which the Construction Contracts Act 2002 may apply.
The Supplier reserves the right to enforce these terms and conditions despite any delay in doing so.
Toughened glass and toughened glass products.
The following Warranty concerning the supply and use of toughened glass and toughened glass shower
screens, assemblies like pool fences and balustrades, is provided as follows.
1. Warranty period
Alert Glass warrants all toughened glass installations for a period of ten years from the date of
installation subject to the following warranty conditions.
2. Warranty coverage.
Visual defects as set out by the manufacturer, namely ,that the glass shall remain free of visual defects
which can be seen from at least 3 metres and which are not deemed acceptable by the manufacturer.
All fittings and components supplied to complete the installation shall be warranted for ten years
excluding normal wear and tear of normal use, which is not covered under this warranty. This warranty
also requires that Alert Glass' recommendations concerning cleaning and maintaining the glass and
installation materials and any damage or other degradation stemming from incorrect products and or
materials introduced and used on the glass or materials will void the warranty.
The warranty is further subject to the following conditions of sale.
The buyer acknowledges that the product was undamaged and free from defects at the time of delivery.
That the product has not been in contact with cement or other products, like chemicals or fumes from
chemicals that might damage the glass. That the product or installation is not subject to temperatures
higher than 70 degrees at any time. That no other products or materials are used on the installation
other than as recommended by Alert Glass in writing.
This warranty should be read in conjunction with Alert Glass' Terms of Trade as it appears on Alert Glass'
website, in the event that a product or installation fails to meet the terms of sections 2 gt 3.
Alert Glass will replace the faulty items free of any charge providing that the product of installation has
not been modified or tampered with after installation. A copy of the original invoice will be required to
action the guarantee. This warranty does not affect any parts of the Consumer Guarantees Act 1993.
Any costs of rectifying claims made that are not covered by this warranty shall be borne by the claimant.
The warranty specifically excludes any consequence of glass failure by breakage from any cause other
than defective installation. Breakage from impact or any known or unknown cause is not covered by this