Terms of Service
These Conditions of Service form part of a contract between you (the “Customer”) and us (“Oncall Window Glass Replacement ABN: 54662884228”) for the provision of Glass Replacement Services (“the Service”). Please read these Conditions of Service carefully. By using the Service, you agree to be bound by these Conditions of Service. If you do not agree to these Conditions of Service, please do not use the Service.
1. Definitions
In these Conditions of Service, the following definitions will apply:
– “Business Day” means a day that is not a Saturday, Sunday or public holiday in the State of NSW;
– “Confidential Information” means all information or material that may be deemed confidential including (without limitation) technical or commercial know-how, patterns, plans, models, formulae, inventions, processes, trade secrets or marketing initiatives;
– “Customer” means the person or entity who accepts Oncall Window Glass Replacement’s quotation for the provision of the Service;
– “Force Majeure Event” means any event beyond a party’s reasonable control which prevents that party from performing its obligations under these Conditions of Service, including (without limitation) acts of God, war, terrorism, riots, civil commotion, fire, explosion, flood, extreme weather conditions;
– “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright and related rights, trade marks (whether registered or unregistered), and other similar rights wherever in the world they may exist;
– “Loss” means any damage, cost, expense or loss whatsoever (including without limitation indirect or consequential loss);
– “Oncall Window Glass Replacement’s Materials” means all materials provided by Oncall Window Glass Replacement to the Customer including (without limitation) reports, plans, drawings and designs;
– “Premises” means the premises specified in the quotation where the Service is to be provided;
– “Service” means installation of glass windows and doors at the Premises; and
– “Specification” means any specification for the Service prepared by Oncall Window Glass Replacement and accepted by the Customer.
2. Glass Replacement Services
2.1 Subject to these Conditions of Service, Oncall Window Glass Replacement will provide the Service to the Customer at the Premises in accordance with the Specification.
2.2 The Service will be provided during normal working hours from Monday to Friday (inclusive), excluding public holidays. Oncall Window Glass Replacement may agree to provide the Service outside of normal working hours, but will be entitled to charge an additional fee for doing so.
3. Delivery and Acceptance of Glass Replacement Services
3.1 Oncall Window Glass Replacement will use all reasonable endeavours to deliver the Service on or before the date specified in the quotation or, if no date is specified, within a reasonable period of time.
3.2 If Oncall Window Glass Replacement is unable to deliver the Service on or before the date specified in the quotation (or if no date is specified, within a reasonable period of time) then:
(a) Oncall Window Glass Replacement will promptly notify the Customer of the delay; and
(b) the date for delivery of the Service will be extended for a period equivalent to the period of the delay.
4. Fees and Payment Terms
4.1 The Customer will pay Oncall Window Glass Replacement the fees specified in the quotation (“Fees”). All Fees are exclusive of GST, which will be payable by the Customer in addition to the Fees.
4.2 Oncall Window Glass Replacement may increase the Fees at any time by giving written notice to the Customer, provided that such increase does not exceed 10% of the original Fees quoted.
4.3 The Customer will pay the Fees:
(a) within 7 days of the date of Oncall Window Glass Replacement’s invoice; or
(b) such other time as may be agreed in writing between Oncall Window Glass Replacement and the Customer.
4.4 All payments will be made in full without any set-off, counterclaim, deduction or withholding whatsoever.
4.5 If the Customer fails to make any payment to Oncall Window Glass Replacement when due, then (without prejudice to any other right or remedy that it may have):
(a) Oncall Window Glass Replacement may suspend all further work under these Conditions of Service until payment has been received in full; and/or
(b) Oncall Window Glass Replacement may terminate these Conditions of Service by giving 14 days’ written notice to the Customer.
4.6 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of actual payment, at a rate equal to 1.5% per month above National Australia Bank (NAB) base rate in force at the time and shall accrue at such a rate after as well as before any judgement.
5. Glass Replacement Materials and Intellectual Property Rights
5.1 All Glass Replacement Materials remain the property of Oncall Window Glass Replacement at all times and must be returned to Oncall Window Glass Replacement if these Conditions of Service are terminated for any reason.
5.2 The Customer acknowledges that all Intellectual Property Rights in the Glass Replacement Materials are and will remain the property of Oncall Window Glass Replacement.
6. Confidentiality
6.1 Each party (“Receiving Party”) agrees that all Confidential Information disclosed by the other party (“Disclosing Party”), whether orally or in writing, is the sole property of the Disclosing Party. The Receiving Party shall hold and maintain the Confidential Information of the Disclosing Party in strictest confidence for the sole and exclusive benefit of the Disclosing Party. The Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. The Receiving Party shall not, without the prior written approval of Disclosing Party, use for Receiving Party’s benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. The obligations of confidentiality shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
7. Warranties and Liability
7.1 Oncall Window Glass Replacement warrants that:
(a) it has the necessary skills, experience and qualifications to provide the Glass Replacement Services; and
(b) it will provide the Glass Replacement Services with due care and skill.
7.2 Except as expressly set out in these Conditions of Service or as implied by law, all guarantees, warranties, representations or other terms concerning the Glass Replacement Services whether implied or otherwise are excluded to the maximum extent permitted by law. Nothing in these Conditions of Service excludes or restricts Oncall Window Glass Replacement’s liability for:
(a) death or personal injury caused by Oncall Window Glass Replacement’s negligence; or
(b) any other matter for which it would be illegal or unlawful for Oncall Window Glass Replacement to exclude or attempt to exclude its liability.
7.3 Subject to clause 7.2, Oncall Window Glass Replacement shall not be liable in contract, tort (including negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with these Conditions of Service for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special indirect consequential losses sustained and incurred by that party arising out of or in connection with the provisions of any matter under these Conditions of Service.
7.4 Oncall Window Glass Replacement’s entire liability in respect of any claim whatsoever or breach of these Conditions of Service, whether or not arising out of negligence, shall be limited to the charges paid for the Glass Replacement Services provided that this clause 7.4 shall not operate so as to limit or exclude any liability for death or personal injury resulting from the negligence of Oncall Window Glass Replacement.
8. Indemnification
8.1 The Customer agrees to indemnify and hold Oncall Window Glass Replacement, its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
(a) the Customer’s use of the Glass Replacement Services in violation of these Conditions of Service or in breach of any applicable law; or
(b) the Customer Content posted by the Customer on or through the Glass Replacement Services.
9.Lifetime Warranty on Repairs
9.1 All repairs come with a lifetime warranty against leaks. This warranty is non-transferable and only applies to the original Customer.
9.2 If a repair fails due to faulty workmanship, Oncall Window Glass Replacement will re-repair the area in question at no cost to the Customer.
9.3 If the window or door glass cannot be repaired, Oncall Window Glass Replacement will replace the glass at no cost to the Customer.
10.Manufacturers Warranty
10.1 Oncall Window Glass Replacement only uses the highest quality materials available on the market. All new glass and glazing products come with a manufacturer’s warranty against defects in materials and workmanship.
10.2 In the event that a problem does arise, Oncall Window Glass Replacement will work with the manufacturer to resolve the issue in a timely and efficient manner.
11.Cancellation and Refund Policy
11.1 Oncall Window Glass Replacement understands that sometimes circumstances change and a Customer may need to cancel their Glass Replacement Services. If this happens, Oncall Window Glass Replacement will do its best to accommodate the Customer’s request.
11.2 If the Customer cancels their Glass Replacement Services prior to work commencing, Oncall Window Glass Replacement will refund the full amount paid by the Customer.
11.3 If work has commenced on the Glass Replacement Services and the Customer decides to cancel, Oncall Window Glass Replacement will charge a cancellation fee of 50% of the total Glass Replacement Services price.
12.Changes to these Conditions of Service
Oncall Window Glass Replacement may make changes to these Conditions of Service from time to time. The Customer is responsible for checking these Conditions of Service periodically for changes. The Customer’s continued use of the Glass Replacement Services after Oncall Window Glass Replacement makes changes to these Conditions of Service constitutes the Customer’s acceptance of those changes.
13.Governing Law and Dispute Resolution
13.1 These Conditions of Service shall be governed by and construed in accordance with the law of Victoria and the parties irrevocably submit to the exclusive jurisdiction of the courts of NSW.
13.2 If a dispute arises out of or in connection with these Conditions of Service, the parties will attempt to resolve the dispute through negotiation or mediation before resorting to arbitration or litigation.
14.Entire Agreement
These Conditions of Service constitute the entire agreement between the Customer and Oncall Window Glass Replacement in relation to the Glass Replacement Services and supersede all prior agreements, representations, and understandings between the parties.
15.Severability
If any provision of these Conditions of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
16.Waiver
The failure by Oncall Window Glass Replacement to exercise or enforce any right under these Conditions of Service shall not constitute a waiver by Oncall Window Glass Replacement of such right.
17.Contact Information
If the Customer has any questions or concerns about these Conditions of Service, the Customer can contact Oncall Window Glass Replacement at:
Oncall Window Glass Replacement
Unit 8 67 Gerrale St
Cronulla NSW 2230
P: 02 7258 2883
E: info@oncallwindowglassreplacement.com.au