50-50 Pty Ltd T/A the Supplier

Terms and Conditions of Sale

  1. The Parties
    • Profile Glass ABN 43 634 249 479 of 33 / 128 Canterbury Road Kilsyth Sth, Victoria 3137 (hereinafter the “Supplier”) and
    • The “Customer”
  2. General
    • These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the Customer (whether on the Customer’s order form or otherwise). The Supplier only engages with the Customer on this basis.
    • the Customer acknowledges that these Terms and Conditions embody the whole agreement between the parties and agrees to be bound by them.
    • These terms and conditions may be altered without notice.
  3. Engagement
    • The Customer has engaged the Supplier to supply the goods described in the quotation as accepted by the Customer
  4. Prices & Payment
    • The Customer agrees to pay the Supplier the price as set out in the quotation.
    • The price includes GST and is the full amount which the Customer must pay for the Contract Goods. The Supplier will issue a Tax Invoice for the Contract Goods supplied.
    • Payment of all goods supplied will be made by the Customer to the Supplier for all goods supplied, work and labour done and services rendered, as per payment terms as specified upon the invoice.
      This includes payment of deposits as required prior to the commencement of works.
    • The standard terms of payment can only be deviated from under the following circumstances:
      • If the Customer has an existing credit facility with the Supplier and has traded with the Supplier on a regular basis over the previous 12 months
      • the Supplier will only establish a credit facility with the Customer if the Customer duly completes and signs a credit application form, and the Supplier approves such application for credit. Credit will only be granted where an on-going sales relationship is foreseeable.
      • The Customer acknowledges that time is of the essence with regard to payment and that any breach of this term will enable the Supplier to exercise all of its rights contained herein, including (but without in any way limiting its rights), the right to cancel further credit and to take legal action for the recovery of all sums outstanding.
  1. Retention of Title
    • Until the Customer has paid the Supplier for the Goods, title in the Goods will not pass to the Customer. Where the Goods have been delivered to the Customer, the Customer must store the Goods (in respect of which payment has not been made) separately from other Goods that have been paid for and in a manner that allows the unpaid Goods to be clearly identified.
    • Until the Goods are paid for, the Customer holds them as Bailee at Will holding for the Supplier.
    • The Customer must keep the Goods insured noting the Supplier’s interest therein. Where the Goods are destroyed or damaged, the whole of the proceeds of any insurance claim made by the Customer under its policy will be held by the Customer on trust for the Supplier and applied firstly in paying for the unpaid Goods.
    • Notwithstanding that title remains in the Supplier, the Goods will be at the Customer’s risk until they are paid for.
    • Title to the goods shall not pass to the Customer until payment in full is received by the Supplier from the Customer.
    • If the Customer does not pay for any goods on the due date specified in this agreement , the Supplier and/or its representative is hereby irrevocably authorised by the Customer to enter the Customer’s premises (or any premises under the control of the Customer or as an agent of the Customer if the goods are stored at such premises) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the purchaser whatsoever.
  2. Interest
    • Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2 above, the Customer agrees to pay interest on all amounts outstanding from the due date until the date of payment at a rate equal to 14% per annum.
  3. Costs
    • Should payment remain outstanding beyond the Company’s payment terms as outlined in clause 2, the Customer is liable for all costs including legal costs (on a Solicitor/own client basis) and mercantile agents fees incurred by the Supplier in recovering the amount outstanding.
  4. Power to sell goods
    • Nothing herein contained shall prevent the Customer from selling the goods to any third party provided that:
      • The proceeds of any such sale are held in trust by the Customer for the Supplier and
      • Any debtors arising from the sale of the aforementioned goods will be assigned to the Supplier with all rights to such debts.
  1. Delivery
    • Every effort is made to meet the Customer’s order requirements however availability times are an indication only. the Supplier will not be liable for any loss, penalty or injury resulting from the inability of the Supplier to provide goods by the indicated time.
      • the Supplier will be under no obligation to accept cancellations, amendments or return of goods to an order or part thereof supplied in good faith, correct as to the purchase order specifications.
      • In the event that a delivery date is postponed by the Customer, due to circumstances outside of the Supplier’ control, the Supplier reserves the right to charge a “storage” fee for the period of time goods remain in it’s store after the originally proposed delivery date.
  1. Claims and returns
    • The Customer will be deemed to have accepted the goods as being in accordance with its order unless it notifies the Supplier in writing of its claim within 14 days of the receipt of goods.
    • No return of allegedly defective goods will be accepted by the Supplier unless it has been given prior written authorisation for the return. All freight costs incurred in returning goods will be to the Customer’s account unless the Supplier accepts the return freight costs.
  1. Prices
    • All prices, whether quoted or given in the Supplier catalogues or price lists, or quotes by representatives of the Supplier, are ex warehouse, unless otherwise specifically stated, and are subject to alteration without notice. In the event of any increase in supply chain or labour costs, the Supplier reserves the right to revise prices and charges for goods affected by the increase and remaining to be dispatched.
    • All prices quoted exclude GST unless it is specifically stated otherwise, and any other government taxes which, if applicable, will be to the Customer’s account.
  2. Quotations and Invoices
    • The Supplier reserves the right to amend any accidental errors and omissions in quotations and invoices, to charge increases in import duty and other government charges and to charge increased costs caused by changes in currency exchange rates to the Customers account. Subject to the above exclusions and unless otherwise stated, written quotations remain firm for thirty 30 days.
  3. Risk
    • The Supplier will not accept any risk for the final product usage for their glass. The onus is on the Customer to ensure any relevant building codes and safety requirements are met.
    • All risk passes to the Customer after delivery of the goods. The onus is on the Customer to handle the goods in an appropriate manner and to ensure all sizing is correct prior to installation.
  4. Works
    • Due to the nature of glass, some projects attempted by the Supplier may not be possible to be completed in accordance with original design work. the Supplier will inform the Customer if changes are required. the Supplier will not be liable for any costs incurred by the Customer due to inability of the Supplier to deliver ordered goods if changes are not accepted.
    • The Customer may be liable for costs incurred by the Supplier if the design is altered or the order is cancelled after commencement of work.
    • Each piece of slumped glass is unique and may differ slightly from another.
    • Samples of slumped glass may be provided by the Supplier. Samples produced will remain property of the Supplier PTY LTD, unless stated on documentation provided to Customer.
    • Natural colour variation may occur between pieces of glass and may be highlighted if painted, coated or used in other situations. the Supplier strives to use glass with the same properties for each job but cannot guarantee the consistency of each batch of glass.
    • Pieces may be marked with the Supplier name, “the Supplier” and dated at the discretion the Supplier unless requested not to by the Customer and the Supplier gives written agreement.
    • If the design is produced by the Supplier the copyright remains with the Supplier unless the copyright is passed on to the Customer with the written consent of the Supplier (may incur a fee). the Supplier reserves the right to produce a copy of any glass manufactured by it as a sample unless requested by the Customer and the Supplier gives written agreement.
    • All molds and molding material remain the property of the Supplier.
    • The Customer must check all sizes given on quotations and order forms unless sizes are to be confirmed by the Supplier. the Supplier will strive to produce pieces as accurately as possible, but due to the nature of glass slumping a tolerance of up to 6mm is deemed acceptable.
    • If the Supplier is to laminate the Customer’s own glass the onus is on the Customer to ensure the glass is both clean and free from defects. An extra charge may occur if the glass requires extensive cleaning and/or defect repair work.
    • If the Supplier is laminating the Customer’s own glass and the glass has a foreign coating applied to one side, the Supplier does not accept the risk of the lamination failing. If the lamination fails and a foreign coating is the cause, the Customer may still be charged for the laminating. Samples are recommended to be provided by the Customer for testing.
    • If the Supplier does not create the design the onus is on the Customer to ensure that there are no copyright infringements if the Supplier produces the design.
    • If the Supplier is using customer’s own glass, all care and no responsibility is taken in the handling and manufacture of the final product.
    • For laminated panels all edges should be fully framed. If this is not feasible then edges should be sealed to prevent possible edge delamination. the Supplier accepts no responsibility should edge delamination occur.
    • the Supplier accepts no responsibility for lamination failing if the Customer supplies their own glass. Samples are recommended to be provided by the Customer for testing, especially if non-clear float glass is used.
    • the Supplier uses either a Polyvinyl Butyral film or a UV light cured resin for laminating. The onus is on the Customer to inform the Supplier of any known UV inhibitors in the glass. the Supplier accepts no responsibility for lamination failing if there are inhibiting factors in the glass.
    • If the Supplier is waterjet cutting Customer’s own material, all care and no responsibility is taken in the handling and cutting of the material. The processing is at the risk of the Customer. the Supplier is not liable for product replacement if the product breaks or is miscut. The Customer may still be charged for any works performed.
    • For frameless shower screens, due to the nature of slumped glass, there may not be 100% sealing at door openings and cannot be found defective if water should leak through.
    • If glass is laminated with inclusions (eg fabrics), although testing is done to ensure longevity of material, Profile Glass cannot warranty product against failure in future years. Such product is not Class ‘A’ Safety Glass and cannot be installed in any application requiring Safety Glass.
  5. Polishing
    • Scratch removal or glass polishing of necessity involves removal of material. Whilst removal of scratches will normally result in distortion free repair it is however, dependent on the depth of the scratch to be removed.
    • Deeper scratches necessitate more glass removal which can at times, result in some distortion of the glass.
    • Profile Glass takes no responsibility for any distortion that may arise as a result of glass polishing
  6. Change of Ownership
    • The Customer agrees to notify the Supplier in writing of any change in ownership of the Customer within 7 days from the date of such change and indemnifies the Supplier against any los s or damage incurred by it as a result of the Customers failure to notify the Supplier of any change.
  1. Warranty
    • All goods supplied are guaranteed to be free from defects in material and workmanship at the time of delivery unless exempt by previous a clause. the Supplier undertakes to replace any goods not compliant to this guarantee. The warranty only extends to materials produced by the Supplier and does not extend to costs incurred if material needs to be removed and reinstalled. To the extent permissible by law, all warranties, whether express or implied by statute or otherwise, other than those set out in this clause, are hereby excluded. Where any warranty is unable to be excluded, then such warranty is limited to the extent permissible by law.
  1. Waiver
    • Variation in the application of these trading terms will not operate as a waiver of these terms nor preclude any other or further application of those trading terms.
  1. Governing Law
    • The terms and conditions of any agreement made between the Supplier and the Customer hereunder shall be governed and constituted in accordance with the laws in force from time to time in the State of Victoria in which State it is agreed that this contract is made and the parties agree to submit all disputes arising between them to the Courts of the State of Victoria and any appellate Courts therefrom. Any dispute which shall be governed in accordance with the laws of the Commonwealth of Australia shall be issued from the registry of the Court or competent jurisdiction in Victoria and all actions under such laws shall be heard in that State.

June 2023