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PG Glass Terms and Conditions

PG Glass Quote

“This quote is subject to our standard terms and conditions, copied on the reverse and available on request. By accepting this quote, you are agreeing to these terms and conditions. Please make sure that you have fully read and understood the contents of this document”

 

Terms of Supply and Installation

1.  Our contract

1.1 This quote, including these terms and conditions, is the only basis on which we supply products and/or installation services (“the job”) and is open for you to accept within 10 days from its date. Once you have accepted a binding agreement will come into existence when we send you written confirmation of the job.

1.2 This quote and our confirmation constitute the whole agreement between you and us (“our contract”), to the exclusion of all other terms and conditions, even those in your documents. No warranties or representations will be binding unless contained in our contract. No changes or cancellation will be valid unless in writing and signed by us. These Terms will apply to any repaired or replacement products we supply to you or re- installations we do for you.

2.   Design and specifications

2.1 It is your responsibility to obtain all relevant and necessary approvals and to ensure that the product and installation design and specification conforms to SANS 10400- N, SANS 613 and the National Building Regulations, unless required by law or agreed otherwise. Please be aware that your architect or other legally recognized appointee is responsible for ensuring that the energy efficiency requirements in SANS 10400 part XA are complied with.

2.2 This quote is compiled based upon the measurements, specifications and other information provided by yourself or your contractors or advisors in respect of your home or building (“your agents”). As we do not design fenestration, shower or other glass solutions for a particular installation, nor are we authorised to do so, we do not engage in this nor are we liable for any such aspect of the job.

2.3 Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues, brochures or websites, are produced solely to provide you with an idea of the products they describe.

  1. Delivery of products

3.1 A lead time of 10 -15 business days applies to the manufacture of products and made to order products may be subject to longer lead times.  Delivery dates are given in good faith based on materials and labour being normally available.

3.2 Please ensure that at the mutually agreed time for delivery, we are able to gain access to your premises, failing which you will be liable for our actual wasted costs or a call out fee of R500, whichever is the greater.

3.3 You are entitled and required to inspect the products on delivery. The signature of any person at the premises at which the products are delivered which appears on the delivery note will constitute evidence of the delivery of all the products described in the delivery note in full and in good condition unless you prove otherwise.

3.4 Once delivered to your premises, all risk in the products passes to you, irrespective of when the products are installed. Please keep the products safe from damage, theft or other harm.

3.5 Our products are packaged in a plastic wrapping to prevent damage. Save for shower doors, this plastic is to be built into the aperture and thereafter the visible plastic removed in the presence of a PG Glass representative. We accept no liability for damaged products if the plastic has been removed prior to our inspection.

3.6 We will only accept return of products which differ from the products quoted on, in type or quantity and providing products are returned to our premises undamaged within 5 days of delivery.

  1. Installation

4.1 If installation services are included in our agreement, we will use our best endeavors to meet the agreed installation date.

4.2 Please ensure that at the mutually agreed time for installation, we are able to gain access to your premises, failing which you will be liable for our actual wasted costs or a call out fee of R500, whichever is the greater.

4.4 Preparation of the aperture for installation of our product is your responsibility. In the event of the premises requiring modification to allow for the proper installation of our product for any reason including for example, levelling of floors, variation of dimensions, waterproofing removal and refitting of burglar bars etc, all resultant costs will be for your account. Unless specifically provided for in the quote, any unexpected installation costs of which we were not aware for example “working at heights”, scaffolding, urgency etc will be for your account. We will obtain your prior approval and you agree to pay these costs on presentation of invoice.

4.5 We will take care when installing our products, but installation is at your risk in that we will not be liable for damage caused to your property in the process, unless caused wilfully. For example tiles almost certainly will break when flexed water or electrical systems may be damaged. It is your responsibility to remove and replace curtains, blinds and pelmets. We will not be required to remove existing fittings and materials so that they may be capable of re-use.

4.6 We can removal waste material from the site provide, at additional cost to you. If you make alternative arrangements for the removal of waste material, we cannot accept liability in respect of any accident, injury or damage resulting from your inability to arrange for the safe or legal disposal of such waste material.

4.7 You are required to make a full inspection of the installation immediately it has been completed and to inform us immediately if you are dissatisfied. A delay in making any complaint could cause deterioration or damage to the product which could invalidate the warranty.

  1. Warranty

5.1 As a result of our stringent adherence to sourcing quality products and installing these products in accordance with high standards, we warrant to you, that our product will, for a period of 15 (fifteen) years from the date of manufacture, comply with the manufacturer’s specification and samples (if samples were made available at the time of sale) for this product. This warranty will be deemed to be amended to the extent required by Act 68 of 2008, as amended (‘the Act”)

5.2 No claims against us will be valid under this warranty, unless you or your agent has notified us in writing of the defect, giving details of the nature and extent of the defect, within 30 days of the defect manifesting itself in the product.

5.3 If you prove that our product does not comply with this warranty, we will accept a claim and in full and final settlement and discharge of all our obligations to you will:

If you are a consumer ito the Act, at your election, replace the defective product or remedy the defective services or refund the price paid by you or a reasonable portion of the quote. If you are not a consumer, at our election, we will supply replacement product, ex-works, repair the product or installation to conform to specification at the place of installation without any further cost to us; or pay compensation to you not exceeding 10% of the quote. Any other claims or rights against us, whether in contract, delict or otherwise are waived and under no circumstances will we be liable for incidental, consequential or indirect damages or penalties.

5.4 In replacing or repairing a product or installation, we will be entitled to deviate from the original design and/or method of repair if the deviation will, in our opinion prove to be more suitable and effective.

5.6 During this warranty, you agree to allow us or our experts inspect or test the product and/or installation. If we are denied access to the product or installation after three attempts, or if the product is not available for inspection, our obligations to perform under this warranty will be deemed to have been discharged. Should the expert be of the opinion that the problem is not covered by this warranty, you agree to refund us these costs.

5.7 Unless otherwise agreed This warranty does not cover fitness for purpose, suitability of product or installation method, compliance with laws and safety considerations, defect arising from fair wear and tear, wilful damage, accident, negligence or alterations by you or any third party imperfections of a minor or insignificant nature,  aesthetic properties or defects which are not visible from under 3m in a normal viewing position under normal day light conditions or any misuse including for example improper transportation, storage, handling or maintenance, or other abuse, glass breakage, pitting or chipping due to any cause, or other defects or damage arising other than as specified above. The customer shall bear the onus of proving that the defect complained of was not caused by such exclusions. Please clean product when visibly dirty or with suitable materials, to prevent damage (cleaning manual available on request).

5.8 You agree that we have no liability for products and components of products, supplied by us but manufactured by a third party, which are found to be defective in any way. We will however cede (insofar as cession is possible) any warranty given to us by the manufacturer in respect of the defective product.

  1. Payment

6.1 Unless, stated otherwise on the quote, you are required to pay 50% of the quote, on confirmation by us of a contract and the balance and any other applicable charges within 30 days of completion of the delivery and /or installation of the products. Products and/or installation services below R5000 are to be paid in full on confirmation of your acceptance of the quote by us. There will be a 2% surcharge made on all credit card payments.

6.2 If you don’t pay on time, we can cancel our contract or suspend delivery or installation, until you have paid the outstanding amounts. Interest at our banker’s prime lending rate will be charged on late payment from date of default until paid in full.

6.3 Only itemized products and services are included in the quote. Other products and services will be quoted on and invoiced separately.

6.4 If the job is covered by insurance, in the event of my Insurance Company not settling my claim for any reason whatsoever, I agree to personally settle this invoice in full.

  1. General

7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control.

7.2 You may not transfer your rights and obligations under our contract to any other person.

7.3 If any term in our contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

7.4 No rights will be waived for failure by us to exercise our rights under our contract.

7.5 Our contract is governed by South African law and we both agree to the South Gauteng Court having jurisdiction over any dispute between us.

7.6 You will be liable for our actual legal costs if we take steps to lawfully enforce this agreement against you.

7.7 If you wish to contact us in writing, or if any clause in our agreement  requires you to give us notice in writing, please send this to us by e-mail, fax or by hand delivery. Likewise we agree to communicate by fax or email addressed to the contact details on the first page of this quote.