© 2016 - Medinah Glass

Terms & Conditions 

We hereby state the following:

 

These terms and conditions constitute the entire agreement between the customer and Medinah Glass, and supersede all representations, agreements and other communications made by Medinah Glass. This agreement constitutes a binding contract between the customer and Medinah Glass.

 

These terms and conditions constitute a contract for the purposes of residential building work under the Home Building Act 1989 (NSW).

 

These terms and conditions constitute a construction contract under the Building and Constructions Industry Security of Payments Act 1999 (NSW).

 

1. Warranty, Defects and Returns, Competition and Consumer Act 2010 (CCA):

 

Medinah Glass provides 10-year warrantyon all workmanship, aluminum components, rubber, screws and hinges. Medinah Glass does notprovide warranty on supplier products or defects.

 

We do not provide warranty on Glass. For peace of mind, we will provide customers with a Glazing Certificate at the completion of the job. Due to the sensitivity and fragility of Glass, warranty is not provided and any Glass that needs to be replaced will need to be paid for.

 

The customer must inspect the goods on delivery, and must, within (7) daysof delivery and notify Medinah Glass, by way of writing, of any evident damage, shortage in quantity or failure to comply with the quote. The customer must also notify Medinah Glass of any other alleged defects in the goods as soon as reasonably possible after any such defect becomes evident. Upon notification, the customer must allow Medinah Glass to inspect the defect and it is up to the discretionof Medinah Glass to provide a resolutionto the defect. 

 

Subject to the CCA, Medinah Glass shall not provide warranty and will not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

 

  1. The customer failing to properly maintain or store goods;

  2. The customer using the goods for any purpose other than that for which they were designed;

  3. The customer continuing the use of any goods after any defect became apparent and increased the damage to the goods;

  4. The customer failing to follow any instructions or guidelines provided by Medinah Glass;

  5. Fair wear and tear, any accident or act of God.

 

 

2. Semi Frameless and Frameless Shower Screens:

 

Semi frameless and Frameless showers have a 2mm gap between door and fixed panel. Both Semi Frameless and Frameless are manufactured and styled to have a gap, as to prevent the two pieces of glass hitting and shattering. We endeavor to make our showers as water tight as possible but occasionally water will seep through the gap. If the customer requires the gap to be sealed, there is an extra charge of $125.00 plus gstper shower for rubber seals to close gap. 

 

We note the standard heights for Semi Frameless shower screens are 1950mm (1.95metres) and any showers that need to be made above or below 1.95 meters will be custom made and a fee will be charged. 

 

The standard height for Frameless shower screens are 2000mm (2metres). Any showers that need to be made above or below 2 meters will be custom made and a fee will be charged.

3. GST:

 

All quotes and prices provided to the customer will incur 10% GST to be paid with the final sum.

 

4. Package Prices:

 

Medinah Glass provides package prices for convenience to our customer. Please note, once a package price has been agreed upon, under no circumstances is the customer to remove or add any goods or services to the final quotation. In the event a customer wants to add or remove any goods or services, a new quotation will need to be drawn up and agreed upon.

 

5. Deposit:

 

We require a 20% deposit to be paid by the customer, once written confirmation and agreement of the services has been provided by the customer. We require a copy of a paid remittance to be provided to our company once payment is made and note the deposit will be deducted on completion of the job. 

 

Please make payment of deposit into the following account:

 

Medinah Glass Pty Ltd

BSB: 062 161

AC: 1077 3779

Ref: site address

 

Any change of mind, or cancellation of our goods and services after the deposit has been paid, does not deem the deposit refundable.

 

6. Payment Terms:

 

We require all invoices to be settled on the day of installation, either by way of cash directly to our Glazier, or by bank transfer immediately. 

 

Any invoice that is not settled immediately is deemed overdue and a late fee of 2.5%on the total amount of the invoice will be payable on the 7th day after installation. 

 

7. Overdue accounts & Caveatable Interest:

 

In the event of overdue accounts, the customer agrees to pay all Medinah Glass’ reasonable costs and expenses, legal costs and any expenses incurred by Medinah Glass in connection with the recovery of overdue amounts. 

 

Any works and/ or goods supplied by Medinah Glass over the sum of $10,000.00 will have a caveat-able interest over the customers property. A separate agreement will be entered into, and Guarantor must be provided before commencement of works or supply of goods is provided. 

 

8. Title of Goods:

 

Unless otherwise specified in writing, all goods sold to the customer shall remain the property of Medinah Glass until the full purchase price is paid to us. Medinah Glass will have the right to retake possession of the goods which have not been paid for, in accordance with our terms of payment set out above.  The customer gives Medinah Glass, it’s employees and agents the express right to enter into the customers premises for the purpose of recovery of Medinah Glass’ goods. Further, Medinah Glass retains the right to use reasonable force to gain access to property in order to retrieve its good and/or services for which a customer has failed to, or refused to pay for in full.

 

9.  Personal Property Securities Act 2009 (‘PPSA”):

 

In this clause financing statement, financing change statement, security agreement and security interest has the meaning given to it by the PPSA. Upon assenting to these terms and conditions the customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have been previously been supplied and that will be supplied in the future by the seller to the customer.

The customer undertakes:

  1. Promptly sign any further documents and/or provide information (such information to be complete, accurate and up to date in all respects) which the seller may reasonably require to:

    1. Register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

    2. Register any other document required to be registered by the PPSA; or

    3. Correct a defect in a statement referred to in clause in 9.1 (a) or 9.1(b);

  2. Indemnify and upon demand, reimburse the seller for all expense incurred in registering a financing statement or financing change statement on the PPSR established by the PPSA or releasing any Goods charged hereby;

  3. Not register a financing change statement in respect of a security without the prior written consent of the seller;

  4. Not register, or permit to be registered, a financing statement or a financing charge statement in relation to the Goods in favor of a third party without the written consent of the seller;

  5. Immediately advise the seller of any material change in its business practices of selling goods which would result in a change in the nature of proceeds derived from such sales.

  6. The seller and the customer agree that section 96, 115 and 125 of the PPSA do not apply to the securities agreement created by these terms and conditions.

  7. The customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132 (3)(d) and 132 (4) of the PPSA.

  8. The customer waives their rights as a guarantor and/or debtor under sections 142 and 143 of the PPSA.

  9. Unless otherwise agreed to in writing by the seller, the customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.

  10. The customer must unconditionally ratify any actions taken by the seller under clauses 9.1 to 9.6.

  11. Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of the contracting out of any the provisions of the PPSA. 

 

10. Turn Over:

 

The usual turn over from measure to installation is 5-7 working days. During busy periods, i.e. End of year holiday season, turn over can take up to 14 working days.Please note, if the time frame is too broad, do not place an order with us. We are under no obligation to rush the turn over during busy periods. 

 

11. General:

 

If any provisions 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.

 

The customer shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the customer by Medinah Glass, nor withholdpayment of any invoice because all or part of that invoice is in dispute. Any dispute between the parties will be discussed between the parties in the spirit of goodwill.

 

12. Glazing Certificates:

 

Glazing Certificates will be issued to the client, by way of email, AFTER the whole amount of the invoice is paid. We will not issue any certificates before the invoices are settled. 

 

13. Indemnity:

 

The customer indemnifies Medinah Glass against any representations or misleading statements made in respect of the Goods and Services provided by Medinah Glass to any person. Indemnity shall continue to exist even in the event of termination of contract between the parties for any reason whatsoever.

 

14. Acceptance:

 

The customer, unconditionally agrees to the terms and conditions above by way of acceptance of the job, works or goods and services supplied by Medinah Glass.

 

Should you have any queries, please do not hesitate to contact us.