Specific to Installation Works 

We take a common sense approach to our terms of trade, aside from all the legal jargon here's the key information and some of the most common problems that can occur:

Quotations - All quotations are subject to final site measurements by our installation teams.

Changes to design - All changes to the original scope of work are subject to a variation in cost.

Payments - Work cannot commence until progress payments are made prior to the scheduled date.

Inclusions - The quoted value of the barrier includes materials and labour for the barrier only. Additional materials and/or services may be required and only inclusive if noted in writing within the quotation and scope of works.

Exclusions - Unless specified in the agreed scope of works and quotation the following items are not generally included in the standard installation works;

• Scaffolding & fall protection
• Boundary fencing
• Temporary fencing
• Building surveyor inspection
• Pool fence inspector
• Building permits
• Concrete groundworks
• Timber sub-frames
• Soil removal from post holes

Common additional works we perform - Here's a short list of additional services we provide in addition to the supply and installation of the barrier;

• Enduroshield glass coating
• Timber subframe blocking also referred to as nogging
• Building permits
• Pre and post-inspection of pool fencing by licenced inspectors

What can go wrong?

• Underground services have not been identified, there is the potential to penetrate or damage plumbing or electrical services that have not been installed to Australian standards and sufficient depth. We cannot be held responsible for damage to these services that have not been brought to our attention.
• The timber subframe is not adequate to support the barrier and needs a partial or full replacement. It is fairly rare that a timber subframe is completely unsuitable to install a barrier, in most instances additional timbers are added to strengthen the frame and allow for adequate support to attach the barrier.
  
• Concrete foundations/slab is not suitable, they may be cracked, too thin, or has hollow voids that are not structurally sound
• Changes in finished tile/paver/concrete ground levels, where we have quoted a project based on flat ground we make small allowances for the fall in finished ground works, on occasion tiling and paving can exceed the limits of the system and glass may need to have steps in height or at an additional cost custom made glass can be made to order.
• Changes in level on a timber deck, timber decks are required to be level, we make no allowance for fall on timber decks unless there is a ramp used for an elevation change.

What causes delays?

• Delays due to weather, our install teams don't work in the rain, it's just not safe
• Pre-works by third parties or installations of fittings or structures directly adjacent to the proposed barrier.

Unforeseen Costs

• Changes in the scope of works
• Changes to levels
• 3rd party installations of items that would make the barrier non-compliant

Inspection bookings

• When booking final inspections with building surveyors or pool fence inspectors always allow a few days from our scheduled finish date, this is especially the case when waiting on the custom glass to be installed.

Custom made glass

• The standard lead time for custom-made glass is 12 business days, allowing 3 weeks from initial installation to final fit off of the barrier.

Contact one of our sales team if you have any questions

COMMERCIAL TERMS

TERMS AND CONDITIONS OF TRADE OF EXAKT GLASS PTY LTD HEREIN AFTER REFERRED TO AS EXAKT GLASS.

ABN: 59 207 072 739 | PH: 03 9081 6000 | 1/158-168 BROWNS ROAD NOBLE PARK NORTH VICTORIA 3174.

1. PAYMENT TERMS

Terms are strictly due on invoice. EXAKT GLASS shall be protected for payments under the Victorian Building & Construction Industry Payments Security of Payment Act 2002.

Method of Payment: Payment may be made by Direct Bank Deposit to EXAKT GLASS’s bankers, or by Credit Card.

Dishonoured Payment: In the event that a cheque or funds transfer or credit card is dishonoured then EXAKT GLASS reserves the right to debit the Client with a handling fee of 1% of the total transaction or $50.00 whichever is the greater, plus all financial institution fees and charges rendered upon EXAKT GLASS as a result of the dishonoured transaction.

Title of Goods: Title of goods does not pass until payment is received in full by EXAKT GLASS. The Client must hold insurance and fully indemnify EXAKT GLASS in all aspects until title is passed. In the event that the Client uses the goods/products in some manufacturing and/ or construction process of its own or for a third party, then the Client shall hold first monies received from the proceeds of such manufacturing and/ or construction process as relates to the goods in trust for EXAKT GLASS Such part shall be deemed to equal in dollar terms the amount owing to EXAKT GLASS at the time of the receipt of such proceeds.

Default of payment: EXAKT GLASS reserves the right to withdraw any credit facility previously granted to the Client by EXAKT GLASS, withhold further deliveries of goods and/or services against all current contracts on hand with EXAKT GLASS from the Client, enter the Client’s premises and reclaim any and all goods on site that have previously been delivered from EXAKT GLASS to the Client and are at that time in default of payment, suspend and/or terminate performance of any and all contracts that EXAKT GLASS has with the Client without notice and issue a payment demand and or commence recovery action for all outstanding monies at the time of default. EXAKT GLASS reserves the right to register its financial interest under the Personal Property Securities Act 2009(CTH)

2. DEPOSITS

EXAKT GLASS reserves the right to require a deposit. The amount of such deposit shall be advised at the time of quotation and shall be subject to the addition of GST.

3. PRICES

Prices quoted are net prices and no retention is to be applied unless specified and agreed to by EXAKT GLASS within the contract.

4. PROGRESS PAYMENTS

EXAKT GLASS reserves the right to request progress payments on any and all transactions such progress payments shall be agreed upon between the client and EXAKT GLASS at the time of the issuance of EXAKT GLASS ‘s quotation and subsequent acceptance of EXAKT GLASS ‘s quotation by the client. Progress payments shall be in addition to any deposit stipulated in clause 2.

5. PROGRESS PAYMENTS SCHEDULES

EXAKT GLASS reserves the right to schedule progress payments however it deems necessary including that the first progress payment may be required at the time of placing the deposit as acceptance of EXAKT GLASS’s quotation.

 6. ADDITIONAL CONDITIONS

These terms and conditions of contract and trade are in addition to and together with any other terms communicated in respect of the provision of services and/or goods, where they are in conflict, the latest published terms and conditions shall prevail, as shall be the case where special terms and conditions are negotiated at the time of quotation and are acknowledged by both EXAKT GLASS and the client in writing that the said special terms and conditions shall prevail. Any terms and conditions of the Client’s set out on the Client’s acceptance documentation of EXAKT GLASS’s quotation that deviate or are inconsistent with EXAKT GLASS’s terms and conditions of contract and trade shall not bind EXAKT GLASS, notwithstanding any statement by the Client in its acceptance documentation that the Client’s terms and conditions shall prevail over EXAKT GLASS’S terms and conditions of contract and trade.

7. QUOTATIONS

Unless previously withdrawn, a quotation is valid for fourteen days or such other period as stated therein, A quotation is not to be construed as an obligation on the part of EXAKT GLASS to supply goods and/or services but merely an invitation to treat and no contractual relationship shall arise there from until the client’s acceptance in writing has been received and accepted by EXAKT GLASS. Upon acceptance of EXAKT GLASS’S quotation the Client is to include and refer to EXAKT GLASS’s quotation number in the Clients Acceptance documentation and in all and any communications in relation to that quotation.

8. SCOPE OF WORKS

Any addition to or any change (including change of mind e.g., colour) to the scope of work under the contract on will be treated as a variation to the scope of work and will be subject to additional charges to be nominated by EXAKT GLASS.

9. GROUND WORKS

Unless specified quotations are based on digging in soil. Any digging into rock, tree roots, concrete or building rubble will be treated as a variation to the scope of work and will be subject to additional charges to be nominated by EXAKT GLASS.

10. PAYMENT

Should there be any default in our payment terms, all monies owing by the Client to EXAKT GLASS shall become immediately due and payable and a Credit Bureau Default may be lodged without further notice.

EXAKT GLASS reserves the right to charge interest at a rate equivalent to National Australia Bank indicative Lending rate plus 4% (Four Percent) calculated daily from the date of invoice on all overdue accounts exceeding 60 days after the date of invoice. Interest shall also be applicable on the Goods and Services Tax (hereinafter referred to as GST) associated with any and all overdue invoices. For the purpose of calculating the penalty interest for non- payment the due date for payment shall be deemed to be 30 (thirty) days from the date of invoice.

EXAKT GLASS reserves the right to recover from the Applicant all expenses, costs and/or disbursements incurred in recovering any outstanding monies including all search fees debt collection and/or solicitors fees plus all legal costs

EXAKT GLASS reserves the right to withhold the supply of goods, services, and ongoing support at any time without notice to Client

11. CREDIT TERMS

Credit Terms are not offered by EXAKT GLASS In the event that progress payment schedules are not met in accordance with the schedule EXAKT GLASS reserves the right to withhold the supply of goods, services, and ongoing support without notice.

12. NOTIFICATION OF CONTACT DETAILS

The Client will notify EXAKT GLASS of all material changes in name and/or financial status, which may result in the need for EXAKT GLASS to reassess the trading terms previously granted to the Client.

13. AUTHORITY TO ACT

The Client acknowledges that EXAKT GLASS is entitled to presume that any person forwarding instructions from the Client’s office purporting to have the authority to bind the Client to a contract for the supply and delivery of goods and/or services from EXAKT GLASS has the authority they claim.

14. TRUSTS

If the Client is a Trustee, the Directors warrant that they have the authority and power to enter into an agreement with EXAKT GLASS and personally guarantee the performance of all the trusts obligations under such agreement.

15. PRICING CHANGES

Prices and other charges and discounts offered are subject to alteration without notice, should an order be received by EXAKT GLASS requesting supply on non-current pricing terms, EXAKT GLASS has the right to amend the prices, charges, and discounts to reflect prevailing pricing terms.

16. TERMS CONTINUATION

These Terms and Conditions of Contract and Trade shall be binding upon the Client its successors, executors, receiver managers/administrators and permitted assigns and shall inure to the benefit of EXAKT GLASS its successors, and assigns.

17. GOODS & SERVICES TAX

Where applicable, GST is payable on all goods and services supplied by EXAKT GLASS. Where any deposit or prepayment is required to secure delivery or specific performance by EXAKT GLASS, GST is payable on the full invoice cost, and EXAKT GLASS reserves the right to request immediate payment of the full amount of GST in addition to the deposit or prepayment. Where GST is payable on any invoice and is not paid under credit terms the penalty clauses as mentioned in Clause 7.2 shall apply.

18. MADE-TO-ORDER PRODUCTS

Special conditions covering specifications and/or drawings & specifications issued by the Client to EXAKT GLASS for the purpose of manufacturing components and/or equipment

EXAKT GLASS shall contact the Client in the event that modifications are required to the Client’s specifications and/or drawings in order that EXAKT GLASS may manufacture the component, apparatus and/or instrument required by the Client. Where modification to the specifications and/or drawings & specifications is required, EXAKT GLASS is entitled to presume that any person forwarding instructions from the Client’s office purporting to have the authority is deemed to have such authority. (verbal communication is acceptable by both parties in order not to delay the Client’s order any longer than necessary it should be noted that such verbal communications are to be reconfirmed in writing so that a written record is held by both parties).

EXAKT GLASS shall be held blameless for any errors in production that may occur where the fault is found to be that the Client has supplied incorrect or insufficient technical or ordinary data for the production and manufacture of a component, apparatus and or instrument. For such cases EXAKT GLASS reserve the right to charge the Client a fee to cover the cost of materials labour and transportation for the incorrect component, apparatus and or instrument.

Cancellation fees: On acceptance by the Client of EXAKT GLASS’s quotation specifications may not be amended or an order cancelled without the written consent of EXAKT GLASS. Should EXAKT GLASS agree to amend or cancel a transaction after the acceptance by the Client of EXAKT GLASS’s quotation the Client shall indemnify EXAKT GLASS against any and all loss, damages and expenses incurred as a result of the amendment or cancellation of the transaction, including the cost of return freight , handling charges by EXAKT GLASS and third parties, return shipping charges to factory of origin, Full cost of items purchased from third parties for inclusion in goods and or service to be supplied in accordance with the transaction documentation, Compensation for loss of profit by EXAKT GLASS and all labour and engineering cost incurred by EXAKT GLASS in the execution or part execution of the goods and or services required in accordance with the transaction documentation.

19. UNDERGROUND UTILITIES

Any damage to underground utilities, water pipes, gas, electricity, telephone, sewer, or pool pipes etc, are the sole responsibility of the Client unless an exact plan of utilities is given to EXAKT GLASS.

20. BOUNDARY LOCATIONS

The Client is responsible for determining and supervising the alignment and location of the fence and any surveys required. Unless specified, the Client is responsible for levelling the ground to avoid any gaps under the fence if applicable to the project.

21. CANCELLATION & DELAYS

Should EXAKT GLASS arrive on site for a confirmed installation and the site is not ready for work to commence, we reserve the right to charge a rate of $100 per hour or part thereof per worker up to the normal time of cessation of the normal working day (excluding overtime periods) to recover downtime costs.

22. COMPLETION DATE

The completion date of work shall be deemed to be the date of the completion of works stated on EXAKT GLASS original quotation and the Client’s acceptance documentation of such quotation. Any and all variations and amendments to the original quoted work shall be treated separately from the original quoted work and as such may have a future completion date other than the completion date of the original quoted work.

23. INTELLECTUAL PROPERTY

Any specialised tooling and/or jigs required in order to produce the finished item for the Client by EXAKT GLASS shall remain the sole property of EXAKT GLASS and as such may be used by EXAKT GLASS to reproduce items of a like or similar product for third party orders without any recourse by the Client.

Acceptance by the Client of EXAKT GLASS’s quotation shall not be construed as being an implied or an express assignment of license of any of EXAKT GLASS Intellectual Property such Intellectual Property remains the sole property of EXAKT GLASS

24. FORCE MAJEURE

Neither party will be held responsible for any delay or failure in performance of any part of any agreement between EXAKT GLASS and the Client to the extent such delay or failure is caused by events beyond such party’s reasonable control, such as fire, flood, pandemic, explosion, war or the engagement of hostilities, strike, embargo, labour dispute, government requirement, civil or military authority, and inability to secure materials or transportation facilities. Each party will endeavour to give the other party reasonable notice of delay.

25. WARRANTY CLAIMS

All claims for goods and materials must be in writing and received within fourteen days of receipt of Goods and/or Materials by the Client.

Goods and/or Materials supplied by EXAKT GLASS being produce in part or in total using a third-party manufacturer and/or supplier then the warranty of the third party shall prevail for the component or components produced by that third party, however, for the portion of the component or components produced and supplied by EXAKT GLASS such claims must be received in writing within fourteen days from receipt of Goods and/or Materials by the Client.

Freight charges shall be covered by the Client for goods forwarded to EXAKT GLASS and/or the manufacturer. EXAKT GLASS shall cover freight cost for goods forwarded from EXAKT GLASS Offices to the Client for such warranty items. The Client shall accept freight cost for warranty items returned from the manufacturer to the Client.

26. PLACEMENT OF ORDERS

Upon the issuance of a purchase order from the Client to EXAKT GLASS written or verbal it shall be deemed that the Client has accepted in full and without exception all clauses stated in the Terms and Condition of Contract and Trade of EXAKT GLASS Also that by the issuance of their purchase order or verbal order instructions the Client has agreed to be bound by the said Terms and Conditions of Contract and Trade of EXAKT GLASS without exception.

27. ACCURACY OF DATA

EXAKT GLASS or any of EXAKT GLASS employees or third-party agents acting on behalf of EXAKT GLASS shall not be held liable for the accuracy of data. It is agreed that such data accuracy is the sole responsibility of the Client and/ or the Clients agent or any third party acting on behalf or under instruction of the Client for the issuance of data to EXAKT GLASS or any of EXAKT GLASS employees or third-party agents acting on behalf of EXAKT GLASS.

28. WORKPLACE SAFETY

The Client shall ensure the safety of EXAKT GLASS its employees, agents, servants, and any sub-contractor acting on behalf of EXAKT GLASS while they are present on the Client’s premises and/or property. It shall be the Clients’ responsibility to maintain a safe working environment free from noxious odours and items they may be regarded as or may create a hazardous working area. EXAKT GLASS reserves the right to vacate the premises on the grounds of an unsafe working environment. EXAKT GLASS further reserves the right to charge the Client a penalty of not less than $100.00 per hour or part thereof per worker up to the normal time of cessation of the normal working day (excluding overtime periods). Where such delays occur EXAKT GLASS shall endeavour to complete the project on time, but should the project over-run the original anticipated completion date then the Client unconditionally agrees to accept such over-runs that have been caused as a result of the Client’s premises being considered an unsafe working area.

29. LEVIES AND CHARGES

In the event of changes to the current government taxes, levies, and charges that the client is liable to pay to EXAKT GLASS. Then the Client agrees to pay to EXAKT GLASS such new or increased taxes, levies and charges that are imposed by the Commonwealth Government of Australia and/or any State or Territory Government within the Commonwealth of Australia.

30. DISPUTE

Any dispute or action in relation to these Terms and Conditions of Trading shall be subject to the absolute jurisdiction of the laws of the State of VICTORIA.

31. ACCEPTANCE

I/We acknowledge that I/we are aware of your terms and conditions of trading and further that I/we agree and are bound by your terms and conditions of trade: