These terms apply to all quotations and order confirmations for goods and services purchased from North Glass Limited (“the Supplier”) by any person or entity (“the Customer”) and supersede any previous terms of trade.
1. Introductiona) These terms and conditions apply to all goods sold or supplied by North Glass Limited or any subsidiary of it (“The supplier”) to the purchaser or recipient of such goods (“The customer”) unless the Company has agreed to vary them at the time of the order.b) Terms and conditions constitute the entire agreement between the parties and prevails over all other communications between the parties by oral or written, previous or contemporaneous unless otherwise expressly agreed in writing and signed by or on behalf of the Supplier.c) Unless otherwise agreed in writing by both parties, these terms of trade will apply to any goods and services supplied by the Supplier and to any financial transactions between the parties.
2. Quotationa) All quotations remain valid for 14 days from the quotation date unless otherwise specified and are subject to confirmation at the time of receipt. Acceptance, in writing, howsoever delivered, is deemed to constitute acceptance of these terms and conditions.b) Quotations are provisional only and all measurements and installation costs are subject to confirmation. Quotations costed from sketches, plans, schedules or specifications provided by the Customer are subject to the accuracy of the information provided. The Supplier would not be held liable for inaccuracies of quality, dimension, material or position required or used exceeding the quotation.c) Any extra work beyond that specified, or any reduction may be re-quoted. In the event of a price not being agreed upon for extra variations prior to the execution, the same shall be to the Customer at the normal rates in force by the Supplier at the time of performance of the work. Any variations to the quotation will be advised to the customer prior to commitment of expenditure. Notwithstanding the above, the Supplier may also require a written order confirmation before proceeding, to which these terms of trade apply.
3. Price and Paymenta) The price of the goods shall be that prevailing to the date of the quotation but are subject to variations, extras, deletions, increase or decrease in material costs, supply, production, delivery and applicable taxes incurred arising between the date of quotation and delivery.b) All prices are current at the time of printing but are subject to alteration without notice. Any variation in price will be to the Customer’s account and the contract price will be adjusted according to the amount of the variation.c) Prices quoted are based on performance of work during normal working hours. On request to work overtime or additional shifts, the net increase in costs based on excess rates and working hours shall be to the Customer’s account.d) A deposit referred to in the quotation may be required prior to commencement, where the Supplier at its sole discretion determines the amount required. The balance shall be paid without deduction, within 7 days of date of invoice, unless the Customer has applied and at the Suppliers discretion, been accepted for credit by the Supplier, in which case, payment shall be made by the 20th of the month following the date of installation/delivery of the goods. An account is not deemed paid until all funds from any bill of exchange that has been cleared into the Suppliers bank account.e) All prices quoted exclude Goods and Services tax and all pricing is NZD.f) Progress claims for payment may be made by the Supplier from time to time for the net value of all work completed up to the end of each month and a final claim shall be made for the balance due under the contract upon completion of the work.g) The Customer agrees this is not an agreement under a commercial construction contract and retention money will not be withheld to pay the Supplier unless a prior agreement has been established and agreed to by the Supplier and the Customer.h) If full payment is not made by the due date, then:The Customer shall pay a default penalty charge at a rate of 2.5% per fortnight, until the payment is received in full, payable on demand.The Supplier may limit and/or withdraw any credit facility at any time while any overdue amount owing remains unpaid.Overdue amounts may be passed onto our debt collection agency, incurring a fee of 25% of the total overdue amount.The Supplier reserves the right to add all the costs of collection and expenses we incur in recovering from the Customer any overdue amount.
4. Variationsa) There are different possible types of variations to the Contract Price. No variation to the price or plans or work may be made without authority signed by both the Customer and the Supplier, and where necessary a building consent variation has been given.b) Variations may be necessary where the Supplier has provided provisional cost sums for work that cannot be firmly quoted prior to commencement because the scope of work is uncertain.c) Variations may also be needed where work was priced within the total cost but unforeseen circumstances have meant different or extra work is required such as preliminary remedial work or access requirements. Also if material costs increase significantly prior to commencement of the work or during the work to an extent or of a type that could not reasonably have been foreseen by the Supplier.d) The Customer may also request a variation.e) The Supplier shall keep the Customer informed of any changes or circumstances likely to lead to a variation.f) If any variation is not agreed to by the Customer, either party may cancel the contract in writing. If the contract is cancelled under this clause all costs and expenses incurred or payable whether invoiced or not shall be payable immediately by the Customer and you shall have no further claim against the Supplier for unfinished work.g) The Supplier may at its option change the specifications of the materials or work where necessary to correct any minor error or to substitute unavailable parts where such change does not result in a variation of price of more than 5%.
5. Deliverya) The Supplier takes no liability for delays in delivery, whereby the goods are available, and the Customer fails through lack of presence to accept the goods being liable therein for the transportation costs incurred, except where agreed to in writing.b) The Supplier reserves the right to deliver by installments compromising a separate contract on these terms.c) Delivery shall not invalidate the contract or subject the Supplier to any penalty.d) The customer shall provide suitable access, appropriate labor and mechanical means to unload the goods. All costs and charges shall be to the Customer thereon.e) The risk of any loss, shortage, damage, theft or deterioration to the goods shall be liable by the Customer from the time of delivery of the goods.f) Delivery costs are not included in any quotation unless specifically noted.g) Delivery of goods is deemed to have occurred at the time the Customer takes possession at the Suppliers premises or when delivered to site. Risk in the goods passes to the customer at that point.
6. Consents and Property Requirementsa) If any consents or permits are required before, during or following completion of the work, the Customer shall organise and pay for these and shall provide full details of the same to the Supplier. The Supplier will not be responsible for establishing what the requirements are, nor liable for any work done in breach of any council or other requirement if we have not been given details.b) The Customer needs to ensure that the Supplier has safe access to the property and the work site, and the Customer authorises the Supplier to enter the property and to bring vehicles, equipment and materials on to the property for the purpose of this contract. The Supplier will exercise all reasonable skill and care but accept no liability or responsibility for any damage or loss to the access way, or to any other property or services as a result of entry onto the property, unless we have been negligent.c) If the Supplier directly employs or contracts the installer of the goods, the Supplier reserves the right to refuse to install the goods if a safe site, as determined by the Supplier, is not provided by the Customer.d) The Customer warrants that they own the property or have absolute rights to authorise the work. The Customer unreservedly indemnifies the Supplier against any claim, damages, loss, cost or harm that may be suffered as a consequence of the Supplier carrying out the work where the Customer was not so entitled or authorised.
7. Timinga) The Supplier will endeavour to deliver the order on the date specified in the quotation or order confirmation but no penalty in any form will apply, if for any reason whatsoever, a specified date is not met.
8. Installationa) Where supply specifically includes installation of the materials quoted, the customer will, at its own expense, provide
A sound structure suitably prepared for the immediate installation of the materials.All necessary amenities including but not limited to; power, extension leads, scaffolding, staging and decking, unless specified on the quote.
Safe onsite storage for materials and accessories.b) The failure to comply with the clauses heretofore mentioned shall enable the Supplier at its sole discretion to cancel the contract or defer installation and all costs and expenses incurred shall be payable by the Customer on demand.
9. Autoglassa) Chip repairs are carried out to improve the strength and appearance of the glass, but we cannot guarantee that the repair will be invisible or that the chip will not spread at a later date. Some chips may crack further during the repair process, and in such cases North Glass is not liable for replacement glass unless agreed otherwise. Any replacement glass required will be at the Customer’s cost.b) Payment is due on or before completion of the job.c) Quotes are based upon currently identified products, should these change, the quote may also change.d) If rust is found it must be repaired at the Customers expense before work commences.e) Vehicle is to be picked up within 24 hours or storage fees of $100 per day may apply at our discretion.f) Mouldings, gel pads and fees for other ancillary services are not included unless specifically itemised on the quote.g) The price quoted is for a fully installed aftermarket glass provided by North Glass with standard moulding.h) If for any reason materials are unavailable at the time of booking, We will contact you discuss whether you would prefer to delay the time of booking until an aftermarket piece of glass becomes available, or for an additional fee, we may be able to source a manufacturer branded piece of glass from a local dealer. We will always seek your agreement prior to any variation.i) If the vehicle in which the glass is being repaired or replaced is used for the purposes of a business; or if you purchased the goods for business purposes, you agree that the Consumer Guarantee Act does not apply to the purchase of goods and services by you. We will perform our service to the best of our ability at a time and location to be agreed between us.j) We may vary our appointment time with you for any reason (acting reasonably). If we do this, we will do our best to notify you in advance of any change and suggest an alternative that is convenient for you. You are entitled to a refund.k) Where we ask you to pay a deposit, this is to secure your appointment and any pre-ordering of glass that we arrange for you. If you later cancel your appointment and a deposit has been paid, a 25% restocking fee will be applied and any freight will be at the Customers expense.l) If a refund is agreed and payment was made via Eftpos, Debit Card or Credit Card, the funds will be refunded to the original card where payment was made. This may take 5 – 10 days to be processed.m) If the appointment is cancelled and no glass was specifically ordered, all funds will be refunded to the original card where payment was made.n) If we hand back your vehicle to an agreed location, it is at your risk after we've deposited the car where requested.o) If you are claiming through your insurer, should they advise us that your policy information is not correct or that you have excess payable, we will contact you and send you an invoice which requires payment within 7 days.p) We are entitled to keep your vehicle until you have paid for the services provided.
10. Retention of Titlea) Legal and beneficial ownership of any and or all goods shall remain with the Supplier until such time as the account has been paid in full.b) Notwithstanding the retention of ownership, the Customer may sell the goods under a bonafide transaction in the ordinary course of business subject to the following provisions:The Customer shall enable the goods to be readily identifiable as the property of the Supplier.The Customers shall account to the Supplier for all proceeds derived from such a sale as Bailee in a fiduciary relationship with the Supplier, clearly identifying them as the property of the Supplier.c) The Supplier may, without prejudice to any other right or remedy, suspend or terminate the contract, and all other monies payable by the Customer to the Supplier, shall immediately become due and payable if the Customer:Fails to pay for the goods on the due date for payment; orBreaches any term of these terms and conditions; orCommits any act of bankruptcy, enters in any composition or arrangement with creditors, commences to be wound up, has a receiver or statutory manager.d) The Customer irrevocably authorises the Supplier without prejudice to any of its other rights, unimpeded access to enter upon any premises where the goods may be located at, in order, to retake possession without liability arising from any act of trespass. Any diminution in value shall be payable following subsequent sale.e) Where the goods are incorporated with or fixed to any property owned by the Customer or other third party, such incorporation shall be deemed owned in common by the Customer and Supplier in such shares as the value of goods, and the value of the property into which such goods have been incorporated. Accordingly, this contract shall create an equitable interest entitling the Supplier to protect such interest by way of any legal mechanism including caveating of title by way of mortgage.
11. Guaranteea) If Customer is a company, the signatory personally guarantees payment owing and acknowledges that no indulgence, granting of time, waiver or forbearance to sure, winding-up or bankruptcy whereby the guarantor would be released as a surety in any way, releases the guarantor from liability hereafter.
12. Copyrighta) The Customer shall have no right or title to sketches, specifications, images, material or other technical information provided by the Supplier and shall not be copied, stored in or on any medium or otherwise dealt with in a manner prejudicial to the Suppliers rights.b) On request the Customer is to return, in good and original condition, to the Supplier any trade information, samples, literature or promotional material supplied at any time.
13. Liabilitya) The provisions of the Consumers Guarantees Act 1993 shall not apply to the supply of goods and/or services by the Supplier to the Customer who acquires or holds himself or herself out as acquiring the goods or services for the purpose of a business. Nothing in these terms is intended to have the effect of contracting out of the provision of the Consumers Guarantees Act 1993 except to the extent permitted by the Act.b) The total liability of the Supplier in contract, tort or otherwise arising from any defect, breach, negligence under this contract howsoever arising is expressly limited to the contract price.c) The Suppliers liability in any circumstances to any person is limited to repair or replacement of the work or to the contract price, and only for claims made within the warranty period. We will not be liable for any consequential, indirect or special damage or loss.
14. Compliancea) The supply of any services to the Customer shall be procured on the understanding that the Customer has complied with all legal and enactments, statutory and regulatory requirements and all recognised codes of practice in respect of the continued installation and site safety as indicated by the NZ Window Association or NZ Safety Glass Association.
15. Warranties and Exclusionsa) Our Warranty cover for other faults or failure, due to our workmanship is 1 year and we shall repair defective workmanship for warranty claims made within that period.b) The Warranty for parts and materials supplied to us by other suppliers shall be the same as provided by the manufacturer or supplier of the materials. We shall arrange to replace or repair defective materials within the manufacturer’s warranty period.c) No warranty expressed or implied is given in connection with these services or extend to materials, measurements or specification supplied by the Customer. The supplier will repair or replace, at its option, free of cost to the Customer any defective materials or workmanship attributable to the Supplier if reported in writing within 24 hours giving reasonable particulars of the event giving rise to such claim, alleged damage or loss.d) Where the goods are subject to an express manufacturer’s warranty the terms of such shall be deemed to be incorporated herein without creating any privity of contract between the Customer and such manufacturer to the Supplier. Judgement of claim under such warranty shall be final and binding upon the Supplier and Customer.e) The Supplier shall not be responsible for any claim where materials are fitted, serviced or operated incorrectly by another person; or where products are in any way adapted to a use which they are not intended; or where the materials or property have not been maintained.f) The Supplier shall not be responsible for glass broken during the repair and maintenance of windows, doors or conservatories. Any replacement glass required shall be at the Customers cost. Glass may crack or break due to conditions outside of our control or due to weakness or defects we cannot identify prior to commencing work.g) The Supplier does not unconditionally guarantee work or repairs undertaken for leak or draught problems. The Supplier will analyse leaks or draught problems and to the best of our ability make repair or remedial works. The Customer acknowledges that the Supplier does not warrant that, following completion of the work, the property will meet current Building Code requirements in all respects in relation to weather-tightness.h) The Supplier complies with the Consumer Guarantees Act 1993 and any additional product guarantees provided by suppliers of components to the Supplier or as specified in the quotation.i) The Supplier warrants that the goods supplied will be to the specification on the quotation or as amended and agreed by the Customer on the Supplier’s order confirmation. The Suppliers liability is limited to supplying goods as specified, and no claims can be made for consequential loss or other costs incurred by the Customer.j) The Customer accepts that there may be variations, within industry standards, between the goods and the samples and colour indications shown to the Customerk) The supplier warrants that it will use reasonable care and skill in the performance of any work performed pursuant to the supply. The customer agrees that any claims made in respect of such workmanship will be lodged with the supplier within 30 days of the work being finalised and no longer than three months of the date of such work or will be regarded as invalid.l) Any indemnities or warranties referred to above shall not apply whether damage, injury or loss arises when:Service is required as a result of misuse, abuse, neglect, operator error, use of improper supplied or installation or;If any goods are tampered with, adjusted or worked on by a third party.
16. Force Majeurea) The Supplier shall not be liable for failure to perform any term of this contract, occasioned directly or indirectly, by any act of God, labour dispute, difficulty in procuring materials, accidents, legislative restrictions or other causes whatsoever (with a similar or not to the foregoing) beyond the Suppliers reasonable control.
17. Disputesa) In the event of any dispute, the undisputed portion of the account shall be payable forthwith without any deduction by way of set off counterclaim or other legal or equitable claim without the prior written consent of the Supplier.b) Unresolved disputes by discussion or alternative medium shall be referred to an arbitrator of NZ Window Association, P.O Box 11464, Wellington end accordance with and subject to the provisions of the Arbitration Act 1908 and its amendments or statutory modifications. For arbitration the arbitrating party is to:Supply and deliver to the other party specific matters of issue and detailed particulars of dispute and such list shall be binding and final as to the matters to be put to arbitration and;Continue to perform their respective obligations and duties under this contract, despite any matter referred to negotiation, mediation or arbitration.
18. Privacy Acta) The Customer authorises any person or company to provide the Supplier with such information as may be required in response to credit assessment, debt collection or direct marketing activities. The Customer further authorises the Supplier to furnish to any third-party details of any application being actioned by the Supplier or by way of payment default.
19. Construction Contracts Acta) The Supplier reserves the right to invoke the Construction Contracts Act 2002 in respect of any supply pursuant to these terms of trade to which the Construction Contracts Act 2002 may apply.
20. Assignmenta) The Customer may not assign, sub-let or transfer any rights or obligations implied in this contract without the prior written consent of the Supplier.
21. Returnsa) Faulty or wrongly supplied goods must be returned within 7 days of the date of the invoice, for replacement, repair or credit, stating invoice number.b) All items correctly supplied as ordered returned for credit unmarked and undamaged will be subject to a 20% handling charge to cover administration costs plus freight, tolls, etc. The Customer will be responsible for the costs of returning the product including but not limited to, disassembly, alteration and transport to and from such depot as were originally obtained.c) Any item that is made to order cannot be returned or refunded.
22. Cancellationa) If the Customer wishes to cancel its order and the Supplier accepts such cancellation, the Customer shall be liable to pay the Supplier upon demand, the value of all work done, and materials used to the date of cancellation.b) If the Customer cancels the order after acceptance of the quotation or order confirmation, the customer will be responsible for an administration fee.
23. Severabilitya) If any part, or provision of these terms and conditions is found to be unenforceable or rendered to be ineffective by virtue of non-registration, ineligibility or otherwise, then such provision shall be severed without effecting the validity or enforceability of the rest of these terms and conditions.
24. Limitationa) The Supplier reserves the right to enforce these terms and conditions despite any delay in doing so.
North Glass Has You Covered
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Backed by the NZ Auto Glass Association, when you choose North Glass, you’re not just getting top-notch glass service - you’re getting the peace of mind that comes with our guarantee on all of our services.
Whether it’s an installation, repair, or custom job, we ensure every detail meets our high standards. If something isn’t right, we’ll make it right. Your satisfaction is our priority, and we’re committed to delivering results you can trust.