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Terms & Conditions

TERMS AND CONDITION OF SALE FOR DIY FRAMELESS GLASS (ELEMENT DESIGN (AUST) PTY LTD) PLEASE READ THESE TERMS AND CONDITIONS BEFORE ORDERING FROM OUR WEBSITE.

1. DEFINITIONS
1.1. The Seller: Element Design (Aust) Pty Ltd trading as DIY Frameless Glass
1.2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
1.3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
1.4. The Order shall be defined as any request for the provision of Goods and/or Services by the Customer with the Seller which has been accepted by the Seller.
1.5. The Goods are the products and/or components provided by the Seller.
1.6. The Services are all the delivery and/or supply of Goods done by the Seller, including any advice or recommendations.
1.7. The Price is the amount invoiced for Goods supplied and/or Services provided.
1.8. Indirect, Special or Consequential loss or damage includes:
i) any loss of income profit or business;
ii) any loss of good will or reputation;
iii) any loss of value of intellectual property.
1.9. Invoices include invoices for Goods supplied or for Services provided, or both.
1.10. Major failure in this Agreement is as defined under the Competition and Consumer Act 2010.
1.11. ‘Website’ shall mean the Seller’s website “diyframelessglass.com.au”

2. GENERAL
2.1. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions and may not be varied unless expressly agreed to by the Parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these Terms and Conditions will prevail.
2.2. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Seller.
2.3. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
2.4. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
2.4. Where more than one Customer completes this Agreement each shall be liable jointly and severally.
2.6. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
2.7. The Seller may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Seller acknowledges that it remains at all times liable to the Customer.
2.8. The failure by the Parties to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect each Party’s right to subsequently enforce that provision.
2.9. The Customer acknowledges that the Seller may detail these Terms and Conditions on its website. In this event, the Terms and Conditions on the Seller’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.
2.10. Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.11. None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.

3. PRICE & PAYMENT
3.1. The Seller reserves the right to change the Price to the Seller’s Order in the event of a variation which was previously unknown or unforeseen by the Parties at the time the Order was placed.
3.2. At the Seller’s sole discretion, the Price shall be either:
3.3. As detailed on invoices provided by the Seller to the Customer in respect of Goods and or Services supplied; or
3.4. The Seller’s quoted Price as for the Order/Quote (subject to clause 3.6); or
3.5. The Seller’s current Price, at the date of delivery of the Goods, according to the Seller’s current Price list; or
3.6. Unless previously withdrawn, a quotation is valid for thirty days or such other period as stated therein. A quotation is not to be construed as an obligation on the part of the Seller to supply Goods and/or services but merely an invitation to treat and no contractual relationship shall arise there from until the Customer’s acceptance in writing has been received and accepted by the Seller. Upon acceptance of the Seller’s quotation the Customer is to include and refer to the Seller’s quotation number in the Customer’s Acceptance documentation and in all and any communications in relation to that quotation.
3.7. For all other transactions, payment will be required in full prior to pickup and in advance of delivery date being booked, by either direct credit or electronic funds transfer (EFT).
3.8. All Credit cards payments are subject to a 1.75% merchant fee.
3.9. GST is applicable to all pricing, except to the extent that such taxes are expressly included in any quotation given by the Seller.
3.10. Any variations in the invoice or contract price because of currency fluctuations, taxes, customs duty or other imposts will be to the Customer’s account. Any such price change will only be applicable to Customer orders not yet accepted by the Seller, and paid in full by the Customer.
3.11. The Customer may have access to the Seller’s Website at the Seller’s sole discretion and the Seller reserves the right to terminate or suspend the Customer’s access to Website for any reason by giving the Customer notice to that effect, either in writing or by way of Website. No warranty is made as to the availability of Website. The Customer acknowledges that it is responsible for the administration of passwords and security allocations to its Authorised Users. The Customer further acknowledges that: the Seller accepts no responsibility for any loss arising directly or indirectly from damage to the Seller’s systems arising from unauthorised access to the Website or unauthorised modification of the Website by third parties.

4. SUPPLY AND DELIVERY OF GOODS
4.1. At any time before payment is made by the Customer, the Seller reserves their right to:
4.1a. Decline requests for any Goods requested by the Customer.
4.1b. Cancel or postpone the delivery of Goods at their discretion.
4.1c. Delivery of the Goods shall be deemed to be complete when the Goods are collected by the Customer or are delivered to the Customer’s premises or to the carrier as nominated by the Seller and/or Customer.
4.2. If the Customer fails to make all arrangements necessary to take delivery of the Goods the Customer shall, at the discretion of the Seller, be liable for the Seller’s standard Non Delivery Fee and the Seller shall be entitled, also at its discretion, to charge a reasonable fee for redelivery and storage.
4.3. Unless specified by the Seller to the contrary in the Order, the Seller does not warrant that it will be capable of providing the Goods at specific times requested by the Customer during the term of this Agreement.
4.4. Subject to otherwise complying with its obligations under this Agreement, the Seller shall exercise its independent discretion as to its most appropriate and effective manner of providing the Goods and of satisfying the Customer’s expectations of those Goods.
4.5. In the discharge of its duties, the Seller shall comply with all reasonable directions of the Customer as to the nature and scope of the Goods to be provided.
4.6. Nothing in the above clause shall affect the Seller’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this Agreement.
4.7. The Seller may agree to provide, on request from the Customer, additional Goods not included or specifically excluded in the Quotation/Order. In this event, the Seller shall be entitled to make an additional charge. Additional Goods includes, but is not limited to, alterations, amendments, and any additional visits by the Seller after provision of the Goods at the request of the Customer.
4.8. The Customer is responsible for ensuring that the Goods are secured at the premises and warrants to be responsible for any loss, damage or theft of the Goods delivered by the Seller to the premises.
4.9. The Customer acknowledges that all purchases are made relying solely upon the Customer’s own skill and judgment.
4.10. Local Delivery vehicles are equipped with two team members and will not require the aid or assistance of the home owner or person(s) on site to unload.
4.11. Paperwork will not be signed by the receiver. Should the receiver be on-site we will require their name.
4.12. Due to OH&S goods will be placed in the first safe place on the premises, eg.,carport, garage or external side of the house or front porch.
4.13. Drivers will not ‘walk goods through’ the premises, or deliver glass up or down stairs,
4.14. The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
4.15. Any times quoted for delivery are estimates only and the Seller will not be liable to the Customer for any failure to deliver or for delay in delivery of Goods or performance of services occasioned by any cause whatsoever whether or not beyond the control of the Seller.
4.16. The customer will not be relieved of any obligation to accept or pay for Goods or services by reason of any delay in delivery or performance.

5. RISK AND LIABILITY
5.1. The Customer will ensure when placing Orders that there is sufficient information to enable the Seller to execute the Order.
5.2. The Seller takes no responsibility if the specifications provided by the Customer are wrong or inaccurate and the Customer will be liable in that event for the expenses incurred by the Seller for any work required to rectify the Order.
5.3. The Customer is responsible for ensuring that the Seller is made aware of any special requirements pertaining to the Order and the Seller relies upon the integrity of the information supplied to it.
5.4. Whilst all due care is taken by the Seller in preparing the Customer’s Quote and / or Invoice, it is the Customer’ sole responsibility to check items, finishes and/or quantities to ensure these are correct and as required.
5.4. The Seller takes no responsibility and will not be liable for any indirect, special, liquidated or consequential losses, damages or costs as a result of the Goods being faulty as a consequence of insufficient information provided by the Customer.
5.5. The Seller takes no responsibility for representations made in relation to the Goods or any delay in the delivery of the Goods made by a third party or third party manufacturer.
5.6. The Customer acknowledges that the Seller shall not be liable for and the Customer releases the Seller from any indirect, special, liquidated or consequential loss or damage incurred as a result of delay, or failure to provide the Goods or to observe any of these conditions due to an event such as force majeure, being any cause or circumstance beyond the Seller’s reasonable control.
5.7. the Customer accepts risk in relation to the Goods when Goods pass to their care and/or control.

6. GLASS HANDLING, BREAKAGES, INHERENT RISKS AND INSTALLATION
6.1. When handling tempered glass, the utmost care must be taken to avoid any personal lifting injury and/or glass breakages.
6.2. Whilst tempered safety glass, when broken will shatter into small cube like shapes these small fragments of glass can still cause small lacerations to skin when handled.
6.3. If in any case the tempered glass does shatter always ensure that gloves are worn for the clean-up. Heavy duty steel dust pan and brush should be used and glass placed in a small vessel then carried to a larger refuse bin.
6.4. Glass thicknesses of 10mm and 12mm in the panel sizes we sell can weigh anything up to 70kg per panel. Care must be taken and correct, safe lifting practises must be employed to minimise the risk of back injury. Always use your legs to lift rather than your back, crouching down with a straight back and rising up slowly with one hand placed underneath the panel and one on the side to stabilise it.
6.5. Always ensure that the path where the glass will be carried is free from obstructions and trip hazards. If possible a third or fourth person should act as a spotter and guide the people carrying the glass through the safest route possible.
6.6. The Seller accepts NO responsibility for any injury or lass or damage to property through the mishandling of glass and hardware products.

7. YOUR LOCAL LAWS, BY-LAWS AND REGULATIONS
7.1. Whilst the Seller is happy to assist with the design aspects of the Customer’s glass pool fence or balustrade, the Sellers does not accept any responsibility for glass not being installed according to local laws, by-laws or regulations.
7.2. The Seller does not accept any responsibility for glass that is not installed for it designed purpose. Ie. Glass pool fencing is for that purpose only, balustrade glass is designed for that purpose only.
7.3. It is the Customer’s sole responsibility to consult local authorities in regard to pool fencing laws and balustrade regulations and any licencing requirements (including but not limited to; correct height and gap distances, specifications, hardware, installation requirements, etc.) The Seller does not accept any responsibility for non-compliance with these laws, rules and regulations. If necessary enlist the assistance of a local building or pool fence inspector to ensure your glass fence or balustrade project is being constructed to suit the laws, rules and regulations in your area.
7.4. For glass balustrading, it is the purchaser’s sole responsibility to seek independent site specific engineering consultation, as well as any licensing requirements prior to purchase.

8. CUSTOMER’S DISCLAIMER
The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Customer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Customer and shall not be transferable to any subsequent Customer

9. CANCELLATION
The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

10. WARRANTY
10.1. The Seller warrants that the Customer’s rights and remedies in this Agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the goods and services to which the warranty relates.
1. 10.2. The Seller does not purport to restrict, modify or exclude any liability that cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any related or complementary legislation or regulations as in force and amended from time to time.

WARRANTY OF GOODS
10.3. The Customer warrants that it will report any defect in any Goods supplied within seven (7) days from the date that the defect became apparent (time being of the essence).
10.4. The Seller warrants:
10.5. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods are not of acceptable quality and the failure does not amount to a major failure.
10.6. The Customer acknowledges that additional costs incurred, such as labour and/or freight, will be borne by the Customer.
10.7. If the Goods and Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Seller’s liability for a consumer guarantee under the Australian Consumer Law in relation to those Goods and Services is limited to, at the discretion of the Seller:
10.7.1. The resupply of the Goods and Services;
10.7.2. The payment of the cost of providing the Goods and Services again.

Claims made under Warranty
10.8. Subject to clause 8.2 of this Agreement, claims for warranty should be made in one of the following ways:
10.8.1. The Customer must send the claim in writing together with proof of purchase to the Seller’s business address.
10.8.2. The Customer must email the claim together with the proof of purchase & photos to the Seller on info@diyframelessglass.com.au;
10.8.3. The Customer must contact the Seller on the Seller’s business number 1300 667 542..
10.9. Goods where a claim is made are to be returned to the Seller or are to be left in the state and condition in which they were delivered until such time as the Seller or its Agent has inspected the Goods. Such inspection is to be carried out within a reasonable time after notification.
10.10. The Seller will not accept claims for damaged or defective Goods or for Goods returned where the Customer has not maintained proper care of the delivered Goods.
10.11. Goods are to be returned to the Sellers site from where they were purchased

11 RETENTION OF TITLE
11.1. While the risk in Goods shall pass on delivery and/or supply (including all risks associated with unloading), legal and equitable title in the Goods shall remain with the Seller until full payment of all Goods supplied by the Seller to the Customer is made. Pending such payment, the Customer:
11.1.1. Shall hold the Goods as Bailee for the Seller and shall return the Goods to the Seller if so requested.
11.1.2. Agrees to hold the Goods at the Customer’s own risk and is liable to compensate the Seller for all loss or damage sustained to the Goods whilst they are in the Customer’s possession.
11.2. The Seller is authorised to enter the Premises or the premises where the Customer stores the Goods without liability for trespass or any resulting damage in retaking possession of the Goods until the accounts owed to the Seller by the Customer are fully paid.
11.3. The Customer acknowledges that the Seller may produce this clause to register its legal and equitable interest of the Goods as a secured party in accordance with the provisions of the Personal Property Securities Act 2009.

12 TERMINATION AND CANCELLATION
Cancellation by Seller
12.1. The Seller may cancel any Order to which these Terms and Conditions apply or cancel delivery of Goods at any time before payment is made by the Customer. The Seller shall not be liable for any loss or damage or
consequential loss or damage whatever arising from such cancellation.
12.2. Without prejudice to the Seller’s other remedies at law, the Seller shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Seller shall, whether or not due for payment, become immediately payable in the event that:
12.2.1. Any money payable to the Seller becomes overdue; or
12.2.2. The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors;
or
12.2.3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Cancellation by Customer
12.3. Any Order cannot be cancelled by the Customer unless expressly agreed to by the Seller in writing.
12.4. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
12.5. If the Customer places an Order with the Seller and the Seller places an Order with a third party Seller to meet the Customer’s request, the Customer shall be liable for the Price of the Goods ordered if the Customer cancels the Order and the Goods have already been dispatched.
12.6. The Seller acknowledges that in the event the Seller contravenes any of the terms of this Agreement, then clauses 12.3, 12.4 and 12.5 will not apply.

13. SET-OFF
13.1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Seller against the Customer for default in payment.
13.2. The Customer acknowledges that the Seller can produce this clause in bar of any proceeding for set-off.

14. INSURANCE
14.1. The Seller is not liable to provide any insurance cover in relation to the provision of the Goods and Services. The Customer is responsible to effect whatever insurance cover he requires at his own expense.

15 JURISDICTION
15.1. The Seller shall have exclusive right to nominate the Court in which any legal action is to be commenced or conducted.

16. AGREED USE
16.1. The Customer acknowledges that the Customer may forfeit any rights if any, he may have against the Seller if:
16.1.1. The Goods are applied for any other use to which the Goods are not intended for or not in
accordance with the instructions provided by the Seller;
16.1.2. Any alteration to the Goods is carried out other than in accordance with intended alterations and/or the Goods are not repaired by an authorised repairer.
16.2.3. The Customer further acknowledges sole responsibility for any damage or injury to property or person caused by using the Goods in any way and shall indemnify in full the Seller, its servants and/or agents in relation to all such claims.
16.3. Due to each installation being different, it is the installer’s responsibility to seek engineering compliance and/or certification should it be required as part of a project, regulatory or statutory requirement.

17. ERRORS, INACCURACIES AND OMISSIONS
17.1. Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
17.2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
17.3. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
17.4. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

18. REFUND POLICY
18.1. Care must be taken when placing an order to ensure that the correct products are ordered to suit your project. Please check your order carefully and ensure quantities, sizes and finishes are correct. Returns / cancellations that are through no fault of DIY Frameless Glass will attract a restocking fee of 10% or $29 (whichever is greater). Freight costs of the return will be borne by the customer. This cost should be calculated carefully by the customer as it may be the case that the freight is more expensive than the amount requested to be refunded.
18.2. Glass must be returned in a clean state with corner caps, cork and shrink on panels as new. If glass in unclean or missing caps etc and cannot be resold ‘as new’ a cleaning fee will be applied. NOTE: Damaged/scratched glass will not be accepted for credit.
18.3. Hardware must be returned in it’s full original undamaged packaging ‘as new’.
18.4. All products delivered through freight companies should be unpacked within the first 48 hours after being delivered to inspect for breakages or damaged products.
18.5. Glass should not be left stacked together with no space between panels as this can attract moisture to form in between the panels. Sometimes this can cause staining of the glass. DIY Frameless Glass accepts no responsibility for staining that occurs to glass if we are not notified within 48 hours of delivery.
18.6. The stainless-steel products that DIY Frameless Glass sells is either of the 316l marine grade or Duplex2205 variety. Whilst the name stainless steel does imply the steel will not tarnish this cannot be guaranteed. All types of stainless steel requires maintenance and when not done regularly tea-staining or tarnishing can occur. DIY Frameless Glass recommends a high polish finish of the stainless steel for coastal areas within 35km of the ocean.
18.7. DIY Frameless Glass accepts no responsibility for incorrect or inappropriate products ordered through our website.
18.8. Our return policy does not apply to cut to size or custom orders such as: project glass/hardware/extrusion, Enduroshield coating, cut to size screening, cut to size battens, cut to size wire, CNC and turret. Custom orders cannot be returned.
18.9. Returns must be within 60 days of purchase.

19. ENTIRE AGREEMENT
19.1. All prior discussions and negotiations are merged within this document and the Seller expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
19.2. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.

20. PRIVACY POLICY
20.1 These Terms & Conditions are to be read in conjunction with our “Privacy Policy:
https://diyframelessglass.com.au/privacy-policy/

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IMPORTANT INFORMATION FOR ANZAC LONG WEEKEND

anzac day

We are closed from Anzac Day 25th April and reopen on Monday 29th April 8am

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