Terms of Service

These are the terms of service for Unified Window Glass Replacement Pty Ltd – ABN 61 663 040 999

The following terms and conditions apply to all glass replacement and installation services provided by Unified Window Glass Replacement Pty Ltd (“us”, “we”, or “our”). By engaging our services, you agree to be bound by these terms and conditions.

We reserve the right to amend these terms and conditions at any time. Amendments will be effective immediately upon publication on our website. Your continued use of our services after any amendments constitutes your acceptance of the amended terms and conditions.

These terms and conditions are to be read in conjunction with any other agreement between you and us, including our Privacy Policy.

The terms have been written according to the Trade Practices Act 1974 (Cth) and the Australian Consumer Law 2010 (Cth).

1. Definitions

In these terms and conditions:

“Agreement” means the agreement between you and us for the provision of our services, consisting of these terms and conditions, any other written agreement between you and us, and any oral agreement made between you and us from time to time;

“Consumer Guarantees” has the same meaning as in the Australian Consumer Law;

“Services” means all glass replacement and installation services provided by us;

2. Provision of Services

2.1 We will provide the Services with due care and skill in a professional manner, in accordance with good industry practice.

2.2 We warrant that the Services will be performed in a manner consistent with our obligations under the Australian Consumer Law.

3. Your Obligations

3.1 You must provide us with all information and materials required for us to provide the Services within a reasonable time frame. This includes, but is not limited to, full and accurate measurements of all glass surfaces requiring replacement or installation.

3.2 You must ensure that any premises at which the Services are to be provided are safe and free from hazards.

4. Pricing

4.1 Our prices are set out in our quote, which you will have received prior to entering into this Agreement. Prices are subject to change at any time prior to us commencing the provision of the Services.

4.2 All prices quoted are exclusive of GST, which will be payable in addition to the quoted price.

5. Payment

5.1 You must pay all invoices issued by us within 7 days of the date of invoice, unless otherwise agreed in writing.

5.2 If you fail to make a payment when due, we may charge you interest on the outstanding amount at the rate of 10% per annum calculated daily from the due date until the date of payment, and you must pay all our reasonable expenses (including legal costs) incurred in recovering any overdue amounts.

6. Cancellation and Refunds

6.1 You may cancel this Agreement at any time prior to us commencing the provision of the Services by giving us written notice.

6.2 If you cancel this Agreement in accordance with clause 6.1, we will refund any deposit paid by you, less any reasonable costs incurred by us in relation to the provision of the Services up to the date of cancellation.

7. Warranties and Liability

7.1 We warrant that:

(a) we have the necessary skills, qualifications and experience to provide the Services; and

(b) we will perform the Services with due care and skill, in a professional manner, and in accordance with good industry practice.

7.2 We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the quality or fitness for purpose of the Services.

7.3 Our liability for breach of any warranty or condition implied by law is limited, at our option, to one or more of the following:

(a) in the case of goods supplied or offered by us:

– the replacement of the goods or the supply of equivalent goods;

– the repair of such goods;

– the payment of the cost of replacing the goods or acquiring equivalent goods; or

– the payment of having the goods repaired; and

(b) in the case of services supplied or offered by us:

– supplying again those services; or

– paying you the cost of having the services supplied again.

7.4 Subject to clause 7.5, our total liability to you in respect of all claims arising out of or in connection with this Agreement or the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid by you for the Services.

7.5 Nothing in these terms and conditions shall exclude or limit our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; or

8. Third Party Suppliers & Manufacturers Warranties

8.1 We may, in our discretion, use third party suppliers and manufacturers to provide goods and services required for the provision of the Services.

8.2 Any warranty or guarantee provided by a third party supplier or manufacturer will be in addition to any rights you have under this Agreement or at law, and will not limit or exclude any of your rights under this Agreement or at law.

9. Lifetime warranty on workmanship

9.1 We offer a lifetime warranty on our workmanship for as long as you own the property on which the work was carried out. This warranty is in addition to any rights you have under this Agreement or at law, and will not limit or exclude any of your rights under this Agreement or at law.

10. Insurance

10.1 We maintain public liability insurance with an insurer approved by us from time to time. The level of cover is no less than $5 million per occurrence.

11. Notices

11.1 All notices given by you to us must be given in writing to our address set out at the start of this Agreement, or such other address notified by us to you from time to time.

11.2 We may give notice to you at either the email or postal address you provide to us when placing an order for the Services. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.

12. Events outside our control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including without limitation acts of God, war, strikes or industrial disputes, floods or severe weather conditions, fire or explosion, terrorist attacks or threats of terrorist attack, nuclear accidents, national emergencies, lock-outs, riots, civil commotion or excessive inflation.

12.2 If an event outside our control takes place that affects the performance of our obligations under this Agreement:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside our Control.

12.3 Where the Event outside our control affects the performance of our obligations for more than 30 days, we may terminate this Agreement by giving you at least 7 days’ written notice.

13. Waiver

13.1 No failure or delay by us in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that or any other right, power or privilege.

14. Severability

14.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

15. Our right to vary these terms and conditions

15.1 We have the right to revise and amend these terms and conditions from time to time.

15.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).

16. Law and jurisdiction

16.1 This Agreement shall be governed by and construed in accordance with NSW law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of NSW.

17. Entire agreement

17.1 This Agreement constitutes the entire agreement between you and us in relation to the subject matter hereof and supersedes any prior agreement, understanding or arrangement between you and us, whether oral or in writing. You confirm that in agreeing to accept these terms and conditions you have not relied on any representation save insofar as the same has expressly been made a term of this Agreement and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this Agreement save that your agreement contained herein shall be limited to its terms as set out herein. Nothing in this clause shall limit or exclude our liability for fraudulent misrepresentation.

18. Our details

18.1 This Agreement is between you and:

(a) Company name: Unified Window Glass Replacement Pty Ltd

(b) Registered office: 93 West Esplanade, Manly NSW 2095

Thank you for choosing Unified Window Glass Replacement Pty Ltd