A & T Glass Group Ltd – Terms and Conditions

1. Definitions

• “Company” means A & T Glass Group Ltd.
• “Client” means the person, firm, company, or entity purchasing goods and/or services from the Company.
• “Goods” means any products, materials, or items supplied by the Company.
• “Services” means any services provided by the Company.
• “Contract” means the agreement between the Company and the Client for the supply of goods and/or services.

2. Formation of Contract

2.1 Upon the Client’s acceptance of a quote provided by the Company or the Client’s issuance of a purchase order to the Company, a binding contract is formed between the parties.

2.2 These terms and conditions shall govern the Contract to the exclusion of any other terms and conditions.

2.3 No variation to these terms and conditions shall be binding unless agreed in writing between authorised representatives of the Company and the Client.

3. Cancellation and Termination

3.1 Once a binding Contract is formed, the Client may not cancel the Contract without the written consent of the Company.

3.2 If the Client cancels the Contract or attempts to cancel the Contract, the Client shall be liable to pay the Company: (a) All costs, expenses, and losses incurred by the Company as a result of the cancellation; (b) Any costs already incurred by the Company in fulfilling or preparing to fulfill the Contract; (c) Any deposits or payments already made by the Client shall be non-refundable; and (d) A reasonable cancellation fee to compensate the Company for administrative costs and lost profit.

3.3 The Company reserves the right to terminate the Contract if: (a) The Client breaches any provision of these terms and conditions; (b) The Client becomes insolvent, enters into liquidation, or has a receiver appointed; or (c) The Company reasonably believes that the Client will be unable to meet its payment obligations.

4. Price and Payment

4.1 All prices quoted are exclusive of GST unless otherwise stated.

4.2 The Company reserves the right to vary the price if: (a) The Client requests variations to the goods or services; (b) There are unforeseen circumstances or conditions affecting the provision of goods or services; or (c) There are increases in the cost of materials, labour, or other inputs beyond the Company’s control.

4.3 Payment terms are as follows: (a) A deposit may be required before commencement of work; (b) Progress payments may be required for large projects of 75% and 90% completion; (c) Final payment is due within 7 days of invoice date unless otherwise agreed in writing.

4.4 Interest will be charged on overdue accounts at the rate of 2.5% per month or part thereof.

4.5 The Client shall pay all costs incurred by the Company in recovering overdue amounts, including legal costs on a solicitor-client basis.

5. Delivery and Risk

5.1 Any delivery dates provided by the Company are estimates only and time shall not be of the essence.

5.2 Risk in the goods passes to the Client upon delivery.

5.3 The Client shall inspect the goods immediately upon delivery and notify the Company in writing of any defects or damage within 48 hours of delivery.

6. Title and Security Interest

6.1 Title to the goods shall not pass to the Client until payment in full has been received by the Company.

6.2 Until title passes, the Client shall: (a) Hold the goods as bailee for the Company; (b) Store the goods separately from other goods; and (c) Not sell, dispose of, or encumber the goods without the Company’s written consent.

6.3 The Client grants to the Company a security interest in the goods and their proceeds under the Personal Property Securities Act 1999 (“PPSA”) to secure payment.

6.4 The Client waives the right to receive a verification statement under section 148 of the PPSA.

7. Warranties and Liability

7.1 To the extent permitted by law, all warranties, conditions, and guarantees whether express or implied by statute, common law, or otherwise are excluded.

7.2 The Company’s liability for any defect in the goods or services shall be limited to, at the Company’s option: (a) Replacement of the defective goods; (b) Repair of the defective goods; (c) Re-performance of the services; or (d) Refund of the price paid for the defective goods or services.

7.3 The Company shall not be liable for: (a) Any indirect, consequential, or special losses or damages; (b) Loss of profit, business, opportunity, or anticipated savings; (c) Any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow instructions, misuse, or alteration of the goods without the Company’s approval.

7.4 The Client shall indemnify the Company against all claims, damages, losses, costs, and expenses arising from: (a) The Client’s breach of these terms and conditions; (b) The Client’s negligence or wilful misconduct; or (c) Any third-party claim relating to the goods or services.

8. Force Majeure

8.1 The Company shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, strikes, lockouts, transport delays, government action, or shortage of materials or labour.

9. Intellectual Property

9.1 All intellectual property rights in or relating to the goods or services remain the property of the Company.

9.2 The Client shall not copy, reproduce, or reverse engineer the goods or any part thereof without the Company’s written consent.

10. Privacy

10.1 The Company will collect, use, and disclose personal information in accordance with the Privacy Act 2020 and the Company’s privacy policy.

11. Dispute Resolution

11.1 Any dispute arising out of or in connection with this Contract shall be resolved by negotiation in good faith.

11.2 If the dispute cannot be resolved by negotiation, either party may refer the dispute to mediation.

11.3 If the dispute is not resolved by mediation, either party may commence legal proceedings.

12. Governing Law

12.1 This Contract shall be governed by and construed in accordance with the laws of New Zealand.

12.2 The parties submit to the non-exclusive jurisdiction of the New Zealand courts.

13. Consumer Guarantees Act

13.1 If the Client is acquiring goods or services for business purposes, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply.

14. Construction Contracts Act

14.1 Where applicable, nothing in these terms and conditions shall limit or modify any rights the parties may have under the Construction Contracts Act 2002.

15. Health and Safety

15.1 The Client shall ensure that the site where the Company is to provide services is safe and complies with all health and safety requirements under the Health and Safety at Work Act 2015.

15.2 The Client shall indemnify the Company against all claims, damages, losses, costs, and expenses arising from the Client’s breach of its health and safety obligations.

16. General

16.1 If any provision of these terms and conditions is invalid or unenforceable, the remaining provisions shall not be affected.

16.2 The Company may assign or subcontract any part of the Contract without the Client’s consent.

16.3 The Client may not assign the Contract without the Company’s written consent.

16.4 No waiver by the Company of any breach shall be considered as a waiver of any subsequent breach.

16.5 Notices must be in writing and delivered to the last known address of the recipient by hand, post, or email.