Terms & Conditions
STANDARD TERMS OF TRADE
Supply and/or Installation of Glass, Glazing and Related Products
These Terms of Trade apply to all quotations, orders, contracts and supply of goods and services by Tern Glass Pty Ltd (ACN [INSERT ACN], ABNÂ 29702 380 434 ("we", "us", "our" or "the Company") to the customer named in the Quote or Order ("you", "the Customer" or "the Client". By accepting a Quote, placing an Order, or allowing work to commence, you agree to be bound by these Terms.
1. Definitions
In these Terms:
"Goods" means all glass, aluminium, hardware, materials and products supplied by us.
"Services" means installation, glazing, fabrication, measurement, delivery and any related labour or advice.
"Works" means the Goods and/or Services described in the Quote or contract documents.
"Quote" means any written quotation, estimate or proposal issued by us.
"Order" means your acceptance of a Quote or any request for Works.
"Site" means the address or location where the Works are to be performed.
"BIF Act" means the Building Industry Fairness (Security of Payment) Act 2017 (Qld).
2. Acceptance of These Terms
2.1 These Terms apply to every Quote and Order and form part of the contract between us. They prevail over any terms you seek to impose unless we expressly agree in writing.
2.2 You accept these Terms by:
(a) signing and returning a Quote or contract;
(b) providing written or electronic acceptance of a Quote;
(c) instructing us (including by email or text) to proceed; or
(d) allowing us to commence the Works or order materials.
2.3 Quotes are valid for 30 days from the date of issue unless otherwise stated. Prices may be adjusted if glass, aluminium or other
material costs change materially before acceptance.
3. Scope of Works and Variations
3.1 The scope of Works is limited to what is expressly described in the accepted Quote and any written variations. Anything not listed is excluded.
3.2 No variation is binding unless agreed by us in writing (including email). We may refuse variations that are impractical or that would unreasonably affect programme or cost.
3.3 If site conditions, measurements, or instructions differ from those on which the Quote was based, we may adjust the price and programme by written notice.
4. Pricing, Deposits and Payment
4.1 All prices are in Australian dollars and exclusive of GST unless stated otherwise. GST will be added where applicable.
4.2 A deposit of up to 50% of the quoted amount (or such other amount stated in the Quote) is payable on acceptance before we order materials or schedule the Works.
4.3 Progress claims or final invoices are payable within 14 days of the date of the invoice, or as otherwise agreed in writing. For commercial building work, payment claims may be made under the BIF Act.
4.4 Overdue amounts attract interest at the rate of 1.5% per month (or the maximum rate permitted by law) calculated daily from the due date until payment is received in full.
4.5 We may suspend the Works or withhold delivery of Goods if any amount is overdue, without liability for resulting delay.
4.6 You are not entitled to set-off or deduct any amount from our invoices without our prior written consent.
5. Title and Risk
5.1 Title in the Goods remains with us until we have received payment in full for those Goods and all other amounts owing by you.
5.2 Risk in the Goods passes to you on delivery to Site or collection by you (or your carrier), whichever occurs first.
5.3 Until title passes, you must store the Goods separately, not sell or encumber them, and allow us to enter the Site to recover unpaid Goods if necessary.
6. Delivery, Access and Installation
6.1 You must ensure the Site is ready, safe and accessible for delivery and installation on the agreed dates, including clear working areas, adequate power, and protection of adjacent finishes.
6.2 Delays caused by incomplete Site readiness, other trades, or lack of access may result in standing time charges and/or extension of time.
6.3 We will perform the Works with due care and skill and in accordance with applicable Australian Standards for glass and glazing.
6.4 Glass is a natural product with inherent variations. Minor visual characteristics, tolerances in dimensions (typically ±1–3 mm for toughened glass), and optical qualities consistent with industry standards do not constitute defects.
7. Defects, Inspection and Warranties
7.1 You must inspect the Goods and Works on delivery or completion and notify us in writing of any apparent defects or non-conformity within 5 business days. Failure to notify may affect your rights in relation to those issues.
7.2 We warrant that our workmanship will be free from defects for a period of 12 months from practical completion (or such longer period as required by law). Product warranties are those provided by the manufacturer and will be passed through to you where available.
7.3 Warranty claims do not apply to damage caused by misuse, impact, improper cleaning, structural movement, or works by others after our handover.
7.4 Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law that cannot be excluded. Where our liability can be limited, it is limited to the re-supply of the Goods or Services or payment of the cost of re-supply.
8. Insurance and Limitation of Liability
8.1 We maintain public liability insurance of not less than $20 million. Certificates of currency are available on request.
8.2 To the maximum extent permitted by law, our total liability arising out of or in connection with the Works is limited to the total amount paid or payable by you under the relevant contract.
8.3 We are not liable for indirect, special or consequential loss, including loss of profit, delay costs payable to third parties, or loss of opportunity, except to the extent such liability cannot be excluded by law.
9. Cancellation and Suspension
9.1 If you cancel an Order after materials have been ordered or fabrication has commenced, you must pay for all costs incurred by us (including materials, fabrication and restocking fees) plus a reasonable administration charge.
9.2 We may suspend or terminate the contract if you fail to pay when due, become insolvent, or commit a material breach that is not remedied within 7 days of written notice.
10. Safety, Licences and Compliance
10.1 We hold the necessary QBCC licence for the class of work we perform. You must not require us to carry out work outside the scope of our licence.
10.2 All workers attending Site will hold current White Cards and will comply with site-specific induction and safety require
11. Force Majeure
We are not liable for delay or failure to perform caused by circumstances beyond our reasonable control, including supply chain disruption, industrial action, extreme weather, pandemic, or government restrictions. We will notify you promptly and take reasonable steps to mitigate the impact.
12. Dispute Resolution
12.1 The parties must attempt to resolve any dispute by good-faith negotiation. Either party may refer a payment dispute to adjudication under the BIF Act where applicable.
12.2 These Terms are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.
13. General
13.1 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force.
13.2 No waiver of any right is effective unless in writing. A single or partial exercise of a right does not prevent further exercise.
13.3 These Terms, together with the accepted Quote and any written variations, constitute the entire agreement between the parties in relation to the Works and supersede all prior discussions.
13.4 We may update these Terms from time to time. The version in force at the time of acceptance of a Quote will apply to that contract.