Terms of Trade

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Thank you for your enquiry.  Following the information provided we can confirm our Estimate to you as follows: 

  1. Please be aware Mirastar (mirrored Splash back) is a highly reflective product with a soft coat. As such and the fact that the glass enters the tempering furnace face down, small scratches are unavoidable.
  2. Please allow about 10 clear working days from the date of measure or the date from which we receive the final colour request, whichever is the later, to the date of fitment.
  3. All power points are assumed to be standard external HPM or Clipsal fittings. If alternative makes are being installed, then please let us know at the time of measure.
  4. Capital Glass Splash backs reserves the right to alter its prices, if it transpires that the job is significantly different from that quoted and this quote is only valid for 30 days from the above date.
  5. All non-standard colours will require a sample to be approved before coating. (See next point below)
  6. Please note that the lighter colours are affected by the natural greenness in glass. If you wish to minimize this, then please ring and talk to us about “Extra clear glass”. In any event, since glass is an unusual medium it’s not advisable to try and match colours to other furniture. All samples outside of our standard range are $50 each.
  7. Unless advised to the contrary, Capital Glass Splash backs will join all glass seems as it feels appropriate. Any specific request should be notified to us immediately.
  8. The Customer agrees to accept reasonable imperfections where it can be proven that this was caused by the glass manufacturing, painting or toughening process and in the event of a dispute the Customer and the Company agrees to accept imperfections in accordance with “AS NZS 4667-2000 Quality requirements for cut-to-size and processed glass”

Terms and conditions

  1. Quotation
    1. Our quotations are based upon the reliability of the information provided to us by you the customer &/or its representatives (“The Customer”). Should it transpire upon site measure that the information provided was incorrect in any way Dawes Joinery T’A Capital Glass Splashbacks (“The Company”) reserves the right to revise its prices and terms.
    2. The Company will make reasonable allowance for polished edgework and all external corners will be flat polished, unless otherwise expressed by the Customer.
    3. The Company agrees to use safety glass in all applications unless it is deemed inappropriate by the company or if the Company feels it is best for certain sections to be cut and edged on site or if annealed is requested by the Customer.
  2. Performance
    1. The Company will attempt to perform its duties in a timely manner and as close to schedule as possible. Because of the nature of the business however and a heavy reliance upon third party toughening plants, it cannot guarantee that delays will not occur. The Customer agrees not to penalise the Company in the event of a delay.
    2. The Company confirms that it cannot perform a site measure until such time as all fixtures and fittings are in place, which includes but is not limited to; workbenches, power points, light switches, overhead cupboards and range hoods.
    3. The Company’s scheduling of the Works shall begin from the date of site measure or the date from which it is in a position to order the glass, whichever is the later.
  3. Colour , Dimensions and Fitting
    1. The Company will endeavor to obtain a colour as close as practicably possible to that selected by the Customer, but regard must be had to the natural greenness in glass which cannot be avoided. If a closer to exact colour match is required then low-iron content glass (e.g. OptiWhite, Starphire, Daimant Extra clear) must be used, the additional cost of which will be borne by the Customer.
    2. All samples provided by the Company are examples only and variations should be expected.
    3. Due to the nature of glass and the varying degrees of iron within different batches, the Company cannot guarantee that all panels will match exactly. The company will try and mitigate this risk wherever possible.
    4. The glass industry works to a plus or minus 2mm tolerance on all dimensions. On that basis therefore it is architecturally accepted that there is an allowable gap (uneven or otherwise) of up to 5mm at each joint.
    5. So as to avoid damage to cabinetry, The Company has to leave a 3-5mm gap at the extremities of the splashback when fitting between fixed end panels. If the client wishes to have a smaller gap then any damage caused will be for our Principal to make good and at its cost.
    6. Painted glass is by no means a perfect medium and minor imperfections are sometimes apparent. Wherever possible, The Company will endeavor to rectify these issues, however on some occasions it’s simply not possible. The Customer agrees to accept reasonable imperfections where it can be proven that this was caused by the glass manufacturing or toughening process and in the event of a dispute the Customer and the Company agrees to accept imperfections in accordance with “AS NZS 4667-2000 Quality requirements for cut-to-size and processed glass”.
    7. Where panels butt together side by side, the Company will make all effort to align each panel as evenly as possible, however given that substrates are regularly uneven across the surface of the face this is not always possible. The Company therefore can only fit the glass in accordance with the deflection in the wall.
    8. The Customer agrees to accept light entering the edge(s) of glass causing uneven light distribution. This event is unavoidable because of the nature of glass and varying light conditions.
    9. If upon fitment of the coloured glass panels, it becomes apparent that fixtures of any nature preclude the Company from installing the panel(s) then it will be the Customers responsibility and cost to have those fixtures removed and reinstalled.
    10. If the Customer expresses a wish to have a particular panel installed in one piece and after trying to do so The Company finds that it is not possible due to the physical constraints of the toughening process then the client agrees to accept the closest alternative and at the price agreed on the Customer Acceptance Form or as quoted.
    11. If the Customer elects to have extra pieces installed or manufactured after the original batch of glass has been ordered then the Customer accepts that there is a strong likelihood that the panels will not match and the Customer agrees to accept the panels and not in any way penalize the Company.
    12. Wherever possible The Company will seal all edges of the glass with silicone or white paintable gap seal. On occasions (e.g. exposed face brick) this is not possible and it is The Client’s responsibility to seal the edges with an appropriate material (e.g. Mortarfil). Additionally The Company will clean all filled edges as best as possible, however occasionally (e.g. sand render) a residue will be left. It will be The Client’s responsibility to “make good”.
    13. A typical splashback finishes at the extent of all work surfaces. The Company will follow the edict unless it feels it’s more aesthetically pleasing to do otherwise. If this is unacceptable then the client must formally advise The Company where all panels is to end.
    14. It is imperative that the client understands that frameless shower systems are not water tight and water leakage should be expected.
    15. The Company will fit all shower brackets as it deems appropriate. If you require the brackets to be fitted in a particular way then this must be formally advised to The Company at the timer of measure.
    16. The Company tries to keep its glass supplies as consistent as possible however, on occasion glass “greenness” can vary resulting in color disparities. If this is unacceptable The Company suggests that you request an up to date sample at the time of order.
    17. If blemishes are apparent upon installation and those blemishes are hidden by permanent fixtures (e.g. power sockets, range hoods etc.) then the blemishes are deemed acceptable.
  4. Warranty
    1. The Company warrants its product for a period of 7 (Seven) years against delamination of the paint from the glass and uneven fading.
    2. Inter Alia; the Company will not warrant the product against scratching or breakage. It’s therefore incumbent upon the Customer to bring any imperfections to the attention of the Company at the time of installation if available for inspection at that time or within 48-hours whichever is the later.
    3. The Company does not warrant against charring or burning of paint howsoever caused. It is the gas fitter’s responsibility to ensure that installation of the hotplate complies with AS5601-2004.
  5. Payment and Title
    1. All accounts unless otherwise agreed in writing shall be paid upon delivery of the goods and/or upon completion of the works undertaken or services rendered by the Company. Disputes and/or claims do not constitute grounds for non-payment of amounts other than those in dispute.
    2. If a credit facility has been expressly granted, then The Customer cannot use the credit facility until it receives notice in writing from the Company stating that the facility has been granted and until then all accounts from the Company shall be on a cash basis upon delivery of the goods and/or completion of those services.
      1. Unless the Company agrees in writing to the postponement of payment of any monies owing to the Company by the Applicant interest shall be payable by the Applicant on the highest debt balance of each calendar month on monies owing by the Applicant to the Company calculated daily from the date the monies became due until the actual date of payment at a rate of 14% per annum provided that, the Company may, at any time serve on the Applicant a notice varying as from the future date specified therein the interest rate, and the interest rate shall be varied as therein provided from the date therein specified, being a date no less than seven (7) days after the date of service of such notice.
      2. Payments received by the Company will be applied firstly in reduction of interest payable and accruing from month to month; and secondly in reduction of all other monies owing to the Company until such a time as all monies owing to the Company have been paid in full.
    3. If a credit facility exists then The Company may withdraw the facility at any time without notice or the Company may from time to time or at any time increase or decrease the limit (if any) of the facility provided without notice to the Applicant or the Guarantor (if any).
    4. All risks in any goods ordered by the Applicant shall be deemed to pass to the Applicant from the time the goods are loaded or delivered by the Company to a courier or carrier consigned to the Applicant but otherwise:
    5. The Applicant hereby acknowledges that the goods supplied by the Company shall remain the property of the Company until the Company receives payment for the same.
    6. All expenses incurred in respect of maintaining an account (if a credit facility exists) and collection costs, dishonored cheque(s) fees, legal costs, whether charged on scale or on any other basis incurred, shall be paid by the Customer on demand.
    7. If the Customer:
    8. Defaults in the due and punctual observance of all or any of his obligations under any contract arising out of this Contract; or
    9. being a person, dies, commits an act of bankruptcy;or
    10. being a company, takes or shall have taken against it any action for its winding up placement under Management, Administration and/or Receivership then the company without prejudice to any rights or remedies open to it may:
      1. treat as discharged all or any obligation arising from any agreement with the Customer;
      2. retain any security given or monies paid by the Customer or available through the enforcement of any guarantee, security or bond and apply this in reduction of any sum which may be lawfully recovered by the Company;
      3. reserve the right to enter upon the Customer’s premises or elsewhere to take possession of and remove any goods for which full payment has not been received, The legal and equitable interest and title in the said goods shall therefore not pass until full payment has been received by the Company.
      4. take such steps as it may deem necessary to mitigate the damages suffered including the putting to use, hiring out, sale or disposal of any goods supplied or to be supplied under the contract and its possession.
    11. Should there be any variation to any of the information supplied by the Customer to the Company or in the structure of the Customer’s business (such as conversion to or from a company or trust) the Company shall forthwith be notified in writing by the Customer. Unless notification of such variation or change is given and accepted in writing by the Company the original Customer and those persons who signed the Customer Acceptance Form shall remain liable to the Company as though any goods or services supplied by the Company were supplied to the original Customer.
    12. The Company shall not be deemed to have waived any of the terms or conditions of this agreement or agreed to any variation thereof unless it has done so expressly in writing and signed by the Company.
    13. Where there is any inconsistency between the terms and conditions of this document and any subsequent agreement for the supply of goods, work or materials by the Company, any such subsequent agreement shall be read down to the extent necessary to give full force and effect to the terms and conditions of this agreement.
    14. In these terms and conditions words in the singular shall be construed so as to include the plural and words in the masculine gender shall be construed so as to include every other gender.
    15. Where the Customer is a trustee:
      1. the Customer agrees to produce a stamped copy of the trust deed (with all amendments) if and when requested by the Company;
      2. the Customer warrants that it has full power and authority for the benefit purposes and objects of the trust to make this Deed on behalf of the trust and that it shall be bound by the terms of this Deed both personally and as trustee; and
      3. the Customer confirms that the trustees shall be liable for the account and that in addition the assets of the trust shall be available to meet payment of the account.
    16. The Customer hereby agrees that the facility hereby applied for does not extend to any transaction and the Customer will not use the facility for any transaction which is or may be a “regulated contract” as that expression is defined in the Credit Act.
    17. The Customer and the Guarantor (if any) do hereby agree that for the purposes of securing the liability and obligations hereunder of each of them they do hereby charge with the due and punctual payment and the due and punctual and complete performance by each of them of all their liabilities and obligations hereunder all their real property both present and future and each of the Customer’s hereunder. The continuing guarantee created herein shall remain in full force and effect and shall not be discharged until the expiry of not less than seven (7) months from the date of receipt of the last payment by the Company from the Applicant in satisfaction of any monies due by the Applicant made by or on behalf of the Applicant.
    18. The Customer and the Guarantor (if any) agree that the certificate of the Company or any person authorized by the Company to give the same shall be conclusive evidence as to the amount owing to the Company by the Customer and Guarantor.
    19. The company reserves the right to use the services of a mercantile agency.
    20. The Customer and the Guarantor agree that the law of Western Australia shall apply to this Application and its/their dealings with the Company and the Customer, Guarantor and the Company consent to the jurisdiction of the relevant Court in the said State.
  6. Liability
    1. Except to the extent of clause c and d below, the Company will not be liable to the Customer or to any other person whomsoever for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with our products other than that expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
    2. Notwithstanding the generality of clause a above we expressly exclude liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
    3. The sole liability of the Company for any loss contemplated in clause 6a will be limited to the price of such goods provided to the Customer.
    4. Without limiting the extent of clause 6, the Company accepts no responsibility whatsoever for any damage caused to Customer’s premises or property if the Customer or its representative requests the Company to remove any panels of glass.

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