The Boring Bits

QUOTATION COVER NOTE

AIG will provide quotation as per the order, drawings, window/door schedule and specifications provided.

All quotations provided is on the following basis:

All products supplied by Australian Insulated Glass shall comply with AS4666:2012 – Insulating Glass Units

Our Seven (7) year warranty only applies if products supplied by Australian Insulated Glass are installed by qualified glaziers, or those under the supervision of qualified glaziers, and the installation is compliant with AS4666:2012 – Insulating Glass Units, Section 3 – Glazing, Appendix E – Principles of Glazing, Appendix F – Glazing Methods and Appendix G – Storage, Handling, Transport and Preservation.

Compliance with AS1288:2006 – Glass in Buildings, Selection and Installation

Where the design specifications have been provided by others the responsibility to ensure conformance with AS1288:2006 and wind loading requirements rests with the designer of the Insulating Glass Units (IGU’s) and Australian Insulated Glass takes no responsibility for any products provided to design specifications that do not meet these

Where Australian Insulated Glass has been asked to design Insulating Glass Units (IGU’s), or verify their design to AS1288:2006 standards, Australian Insulated Glass will provide a certificate of conformance to AS1288:2006 for the Insulating Glass Units (IGU’s) included in this

Our standard terms and conditions of purchase apply at all times

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QUALITY STANDARD FOR DOUBLE GLAZING UNITS

Scope
This specification defines the level of acceptance for visible defects in clear, tinted and coated glass in sealed double glazing units.

Objectives
All glasses supplied should be free from defects caused in manufacture, handling, storage and transit. However, the buyer shall accept glass with minor imperfections provided that they fall within the scope of the following definitions and acceptance criteria.

Definitions
Since the inspection of a glass unit will be based on visual examination, the terms used in stating acceptance criteria are defined as follows:

    • Viewing Distance: The distance from the observer’s eye to the glass surface.
    • Critical Area: An elliptical area, shown in the diagram, which lies centrally in the glass and whose major axis is half the longer dimension of the glass: the minor axis being one third of the small dimension of the glass.
    • Edge Zone: A zone parallel to the edge of the glass, which extends round the perimeter of the glass, and is normally within the glazing frame or area.
    • Viewing Area: The area of glass lying between the critical area and the Edge zone.
    • Scratch: A long narrow surface flaw produced by a hard object, e.g. grit, which produces a perceptible depression.
    • Sleek: A fine scratch with no perceptible depression.
    • Bubble: Small holes partially or wholly enclosed by glass which normally contain air. These may be spherical or non-spherical depending on the mode of formation.
    • Inclusion: Insoluble matter retained within or on the surface of the glass during manufacture.
    • Scar: A scratch which is obtrusively visible being normally white in colour.

Method of Visual Inspection
The double glazed sealed unit is to be mounted vertically so that the whole surface can be seen. The double glazed sealed unit must be examined from the room side. The double glazed unit should be examined in natural daylight and not in direct sunlight with no visible moisture on the surface.

  • Viewing distance: A minimum viewing distance of 2 metres is to be used.
  • Viewing position: A viewing position at right angles to the unit from room side.
  • Viewing aides: No visual aids other than spectacles for normal visual correction shall be used.
  • Visual focus: Vision to be directed at a point not less than 2 metres on the opposite side of the glass from the observer. This is to ensure that the glass is looked through and that the vision is not concentrated on the surface.

Acceptance Criteria
Minor defects / imperfections are to be accepted if they fall into the categories below:

  • Defects within Critical Area
    Scratches and sleeks which are not visible when examined as specified in Method of Visual Inspection are to be accepted. Bubbles and inclusions not greater than 1.5mm in maximum dimension are acceptable provided any such defects are at least 150mm apart. White scars are not acceptable.
  • Defects within Viewing Area
    Scratches and sleeks which are not visible when examined as specified in Method of Visual Inspection are to be accepted. Bubbles and inclusions not greater than 2.0mm in maximum dimension are acceptable provided any such defects are at least 150mm apart. White scars are not acceptable.
  • Defects in Edge Zone
    Scratches, sleeks, bubbles, inclusions, and scars are acceptable.

Condensation Patterning
No matter how clean a pane of glass may appear, there may always be contaminates present on the surface. These are normally invisible to the naked eye. However, when condensation forms on the glass surface these contaminates can become apparent by influencing the rate of formation and appearance of the moisture. This variation in appearance may be random or present itself in distinctive patterns. Fingerprints are the most common contaminate but any contaminate which creates a hydrophobic layer will produce these effects. Window cleaning chemicals or degreasing agents are normally enough to remove these thin layers of material but some contaminates can be more difficult to remove and require mild abrasives for complete cleanliness. For example, deposits from glass carrying suckers can form chemical bonds to the glass surface. Therefore the patterns formed by condensation on glass surfaces do not indicate any fault and have no effect on the performance of the glass, mechanically or physically. It is an indication that the glass surface has been modified.

Flemish Glass Pattern
Due to the design of Flemish patterned stock supplied to us from the glass manufacturers, buff marks may occur on the pattern high points; this is unavoidable when annealed glass is transformed into toughened safety products, Village Glass cannot accept any complaints or liability for the visual quality caused in this process. Annealed Flemish is unaffected. We would urge that an alternative pattern be offered to avoid the visual quality of toughened Flemish.

Defects – Other
Optical phenomenon such as Rollerwave distortion, double reflections, and Brewsters Fringe are acceptable.

 

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IGU Warranty

Australian IG Pty Limited of 10/15 Industrial Avenue, Molendinar in the State of Queensland, Australia hereby provides the following Warranty in respect of Australian IG Units (“the product”) for the benefit of the end user of the product (“the Buyer”).

 

1. Overview and interpretation

The Warranty set out below is an express Warranty which is in addition to the Buyer’s rights under the Competition and Consumer Act 2010 (Cth) and any other applicable law. In the event that the Buyer is the direct customer of Australian IG , by purchasing the Product the Buyer agrees to the Australian IG , by purchasing the Product the Buyer agrees to the Australian IG standard Terms and Conditions of Sale, which may be viewed on the Australian IG website at www.australianig.com.au.

In this Warranty, unless the context otherwise requires: –

  • “Delivery” means the time at which the Product leaves the possession of Australian IG ; and
  • “Fail” means to develop a defect which, in the opinion of Australian IG , which opinion shall be formed in good faith and based on reasonable grounds, has developed as a result of, or has been caused by, the manufacture of the Product and a ”failure” has a corresponding

2. Warranty Period and Details

Subject to the provisions of this Warranty and in particular the conditions in Clause 3: –

 

  • Australian IG warrants that the Product shall, for a period of seven (7) years from the date of manufacture perform in accordance with the following (“Performance Warranty”): –
  • Be free of material obscuration of vision resulting from moisture or film formation or dust collection on the interior glass surfaces of the airspace under normal conditions of use that is visible from 3 meters in normal viewing
  • Not fail due to inadequacy of structural strength resulting from faulty materials up to the specified design wind pressure as determined in accordance with Australian and New Zealand Standards AS/NZS 1170.2 and AS
  • In the case of Products ordered with toughened glass portion of the Product conforms with the applicable Australian and New Zealand Standard AS/NZS 2008. Dimensions and tolerances are in accordance with Australian and New Zealand Standard AS/NZS 4666 (“Standards Warranty”).

3. Conditions

This Warranty only applies if each of the following conditions are satisfied at all times from the time of delivery of the Product to the time that the Buyer suffers loss as a result of non- compliance with the Performance Warranty or the Standards Warranty: –

  • Where the application of the Product (unit) is structural or overhead glazing, or if it is a stepped unit, the Product must be made with silicone secondary seal, and glazing must comply with the industry standard; –
  • For weather sealing Insulated Glass Unit butt joints, only Dow Corning 991 Silicone High Performance Sealant or Dow Corning 995 Silicone Structural Glazing Sealant are approved. For structural glazing, only Down Corning 995 Silicone Structural Glazing Sealant is Where units are manufactured with a polysulphide secondary seal, silicone must NOT come into contact with the polysulphide as the two products are not compatible. Any other types of sealants must be checked or compatibility with the components of Insulated Glass Units and approved by Australian IG;
  • The Product at the time of delivery was undamaged and free from any
  • The Product is protected from contact and wet cement, hard foreign objects, metals and materials likely to cause abrasive damage;
  • The installation of the Product is in accordance with AS/NZS 4666 which requires a minimum edge cover of 12mm plus an edge of clearance of an additional 3mm;
  • In addition to the installation, the design and maintenance of the Product is in accordance with AS/NZS and any specific correspondence pertaining to this Setting blocks made from EVA, EPDM, PVC and/or recycled plastic or rubber must not be used in installation. Aromatic synthetic material must be avoided, eg, polysyrole “PS”, acryle butadienstyrole copolymere “ABS” or any other polyblends or copolymers. Major sealant manufacturers are advised they are not compatible with polysulphide and silicone. The selection of product is in accordance with Australian Standard AS 1288. Setting blocks recommended are those made from polyethylene “PE”, polypropylene “PP” of polyamide (reinforced with fibreglass).
  • The Product was not damaged in any way before or during the
  • The Product is not exposed to chemical fumes or gases other than those present in normal clear atmospheric air, nor subject to prolonged exposure to water or moisture which may cause rainbow type staining, nor exposed to radiation of any type other than normal
  • The Product is not subject, or likely to be subject to stresses from any cause in excess of the stresses advised as acceptable in AS
  • The intended application has been brought to the attention of Australian IG prior to order acceptance. If a thermal assessment is recommended by Australian IG, the Buyer agreed to implement that recommendation prior to Australian IG accepting the order. If heat soaking of toughened glass is recommended by Australian IG but is not mandatory pursuant to the National Construction Code, the Buyer agreed to implement that recommendation prior to Australian IG accepting the

For the avoidance of doubt, subject to any applicable law, Australian IG will not be liable for any loss suffered by the Buyer as a result of the Product not complying with the Performance Warranty or the Standards Warranty in the event that one or more of the above conditions are not met.

 

4. Reporting and Verification of Product Failure

Australian IG reserves the right to establish to its satisfaction that any product deterioration or failure fails within the scope of the Performance Warranty and the Standards Warranty and that all of the conditions in clause 3 have been met. The Buyer must:-

  • Report the Product’s non-compliance with the Performance Warranty and the Standards address or in any event within 7 days of the time that the Product:-
  • In the case of non-compliance with the Performance Warranty, when the Product first ceases to comply with the Performance Warranty; and
  • In the case of the Standards Warranty, the earlier of the time when the Product fails or the time when the Buyer suffers loss as a result of non-compliance with the Standards
  • Do all things which Australian IG reasonably requires to be done to enable Australian IG to assess whether or not the conditions in clause 3 have been complied with and whether the Product has failed to meet the Performance Warranty or the Standards Warranty and in particular the buyer must allow the product to be examined in situ by Australian IG to determine the cause of failure or of the buyer’s loss as the case may

 

5. Warranty Coverage

If this Warranty is breached, the liability of Australian IG for that breach is limited to whichever Australian IG chooses, in its absolutely discretion, from the following:-

  • Supplying the customer with a free replacement of the Product; or
  • Refunding the value of the original invoice paid by the buyer, whether that invoice was paid directly to Australian IG or to another person, or the average market price of the product at the time at which the buyer purchased that product, whichever is the lesser

Australian IG will not be liable, as a result of breach of this Warranty, for any loss directly or indirectly resulting from the purchase or use of the Product including, without limitation, personal injuries, losses, claims, property damage or wasted labour, material or other costs. The Buyer will bear the expense of claiming this Warranty.

6. Exclusions

The Warranty specifically excludes liability for any failure from any cause other than faulty materials up to the specified design wind pressure as determined in accordance with Australian and New Zealand Standards AS/NZS 1170.2 and AS 1288, and specifically excludes any liability for consequential losses or damage following installation.

Subject to limitations imposed by the Competition and Consumer Act 2010 (Cth) and any other applicable legislation, this Warranty is in substitution for and to the exclusion of all other rights

and remedies (if any). In particular implied conditions and warranties under s12 to s15 of the

Sale of Goods Act 1895 (SA) are specifically excluded from this Warranty.

7. Warranty of Replacement Product

Any replacement Product supplied pursuant to this Warranty shall be warranted only until the expiration of the Warranty period for the original Product.

8. Advice

Advice as to applications to which the Product can be put may be obtained from Australian IG representatives.

9. Governing Law

This Warranty shall be governed and interpreted according to the laws applying in the State of Queensland, Australia and the Buyer agrees that any proceedings in relation to this Warranty shall be commenced in Queensland Courts.

10.  Australian Consumer Law (Consumers only)

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods to be acceptable quality and the failure does not amount to a major failure.

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TERMS OF TRADE

1. Definitions

  • “Supplier” means Australian IG Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Australian IG Pty
  • “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and
  • “Goods” means all Goods or Services supplied by the Supplier to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
  • “Price” means the Price payable for the Goods as agreed between the Supplier and the Customer in accordance with clause 4

2. Acceptance

  • The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the
  • These terms and conditions may only be amended with the Supplier’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the
  • In the event that the Goods and/or Services provided by the Supplier are the subject of an insurance claim that the Customer has made, then the Customer shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by the Supplier and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.

3. Change in Control

  • The Customer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this

4. Price and Payment

  • At the Supplier’s sole discretion the Price shall be either:
    • as indicated on any invoice provided by the Supplier to the Customer; or
    • the Price as at the date of delivery of the Goods according to the Supplier’s current price list; or
    • the Supplier’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30)
  • The Supplier reserves the right to change the Price:
    • if a variation to the Goods which are to be supplied is requested; or
    • if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
    • where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations, prerequisite work by any third party not being completed, obscured building defects, change of design etc) which are only discovered on commencement of the Services; or
    • in the event of increases to the Supplier in the cost of labour or materials which are beyond the Supplier’s control.
  • At the Supplier’s sole discretion a non-refundable deposit may be
  • Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Supplier, which may be:
    • on delivery of the Goods;
    • before delivery of the Goods;
    • by way of instalments/progress payments in accordance with the Supplier’s payment schedule;
    • the date specified on any invoice or other form as being the date for payment; or
    • failing any notice to the contrary, the date which is fourteen (14) days following the date of any invoice given to the Customer by the
  • Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Customer and the Supplier.
  • Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the

5. Delivery of Goods

  • Delivery (“Delivery”) of the Goods is taken to occur at the time that:
    • the Customer or the Customer’s nominated carrier takes possession of the Goods at the Supplier’s address; or
    • the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the

 

  • At the Supplier’s sole discretion the cost of delivery is either included in the Price or is in addition to the
  • The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or
  • The Supplier may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and
  • Subject to clause 5.6 it is the Supplier’s responsibility to ensure that the Services start as soon as it is reasonably possible.
  • The Services commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that the Supplier claims an extension of time (by giving the Customer written notice) where completion is delayed by an event beyond the Supplier’s control, including but not limited to any failure by the Customer to:
    • make a selection; or
    • have the site ready for the Services; or
    • notify the Supplier that the site is
  • Any time or date given by the Supplier to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and the Supplier will not be liable for any loss or damage incurred by the Customer as a result of the delivery being

6. Risk

  • Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before
  • If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further
  • If the Customer requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole
  • Whilst every care shall be taken by the Supplier, any damage or breakage to the Customer’s existing glass during Services by the Supplier shall be at the Customer’s own
  • Where the Customer has supplied measurements or templates for the Supplier to complete the Goods, the Customer acknowledges that the Supplier shall not be liable for any errors or damage resulting from the Customer’s incorrect measurements or templates, unless the is a mistake by the Supplier by virtue of misinterpreting the measurements
  • Holes, cut outs and cutting of the Goods may weaken the strength of the Goods and although it’s unlikely, cracking may occur. The Supplier accepts no responsibility against cracks occurring after such Goods (that are subject to holes and cut outs) are installed unless a toughened glass is

7.  Access

  • The Customer shall ensure that the Supplier has clear and free access to the work site at all times to enable them to undertake the Services. The Supplier shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of the

8. Title

  • The Supplier and the Customer agree that ownership of the Goods shall not pass until:
    • the Customer has paid the Supplier all amounts owing to the Supplier; and
    • the Customer has met all of its other obligations to the
  • Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or
  • It is further agreed that:
    • until ownership of the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must return the Goods to the Supplier on
    • the Customer holds the benefit of the Customer’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or
    • the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.
    • the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so
    • the Customer irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the
    • the Supplier may recover possession of any Goods in transit whether or not delivery has

 

  • the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the
  • the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the

9. Personal Property Securities Act 2009 (“PPSA”)

  • In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the
  • Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Supplier to the
  • The Customer undertakes to:
    • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to;
      • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
      • register any other document required to be registered by the PPSA; or
      • correct a defect in a statement referred to in clause 9.3(a)(i) or 3(a)(ii);
    • indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
    • not register a financing change statement in respect of a security interest without the prior written consent of the Supplier;
    • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Supplier;
    • immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such
  • The Supplier and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and
  • The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
  • The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the
  • Unless otherwise agreed to in writing by the Supplier, the Customer waives their right to receive a verification statement in accordance with section 157 of the
  • The Customer must unconditionally ratify any actions taken by the Supplier under clauses 9.3 to 5.
  • Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

10. Security and Charge

  • In consideration of the Supplier agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
  • The Customer indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this
  • The Customer irrevocably appoints the Supplier and each director of the Supplier as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Customer’s

11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

  • The Customer must inspect the Goods on delivery and must immediately upon delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow the Supplier to inspect the
  • Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
  • The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non- Excluded
  • Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by
  • If the Customer is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule

 

  • If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Customer has paid for the
  • If the Customer is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Goods is:
    • limited to the value of any express warranty or warranty card provided to the Customer by the Supplier at the Supplier’s sole discretion;
    • limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods;
    • otherwise negated
  • Subject to this clause 11, returns will only be accepted provided that:
    • the Customer has complied with the provisions of clause 11.1; and
    • the Supplier has agreed that the Goods are defective; and
    • the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
    • the Goods are returned in as close a condition to that in which they were delivered as is
  • Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
    • the Customer failing to properly maintain or store any Goods;
    • the Customer using the Goods for any purpose other than that for which they were designed;
    • the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
    • the Customer failing to follow any instructions or guidelines provided by the Supplier;
    • fair wear and tear, any accident, or act of
  • Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that

12. Default and Consequences of Default

  • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any
  • If the Customer owes the Supplier any money the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s contract default fee, and bank dishonour fees).
  • Without prejudice to any other remedies the Supplier may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Customer. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this
  • Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:
    • any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Customer will be unable to make a payment when it falls due;
    • the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the

 

13. Compliance with Laws

  • The Customer and the Supplier shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the
  • The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for the Services.
  • The Customer agrees that the site will comply with any work health and safety laws relating to building/construction sites and any other relevant safety standards or

14. Cancellation

  • The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Supplier shall repay to the Customer any money paid by the Customer for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such
  • In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).
  • Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been

15. Dispute Resolution

  • If a dispute arises between the parties to this contract then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:
    • referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and
    • conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

16. Privacy Act 1988

  • The Customer agrees for the Supplier to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by the
  • The Customer agrees that the Supplier may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
    • to assess an application by the Customer; and/or
    • to notify other credit providers of a default by the Customer; and/or
    • to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
    • to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
  • The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial
  • The Customer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other agreed purposes or required by):
    • the provision of Goods; and/or
    • analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
    • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
    • enabling the collection of amounts outstanding in relation to the
  • The Supplier may give information about the Customer to a CRB for the following purposes:
    • to obtain a consumer credit report;
    • allow the CRB to create or maintain a credit information file about the Customer including credit
  • The information given to the CRB may include:
    • personal information as outlined in 16.1 above;
    • name of the credit provider and that the Supplier is a current credit provider to the Customer;
    • whether the credit provider is a licensee;
    • type of consumer credit;
    • details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
    • advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Supplier has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
    • information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement;
    • advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
  • The Customer shall have the right to request (by e-mail) from the Supplier:
    • a copy of the information about the Customer retained by the Supplier and the right to request that the Supplier correct any incorrect information; and
    • that the Supplier does not disclose any personal information about the Customer for the purpose of direct marketing.
  • The Supplier will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the
  • The Customer can make a privacy complaint by contacting the Supplier via e-mail. The Supplier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at oaic.gov.au.

17. Building and Construction Industry Payments Act 2004

  • At the Supplier’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Payments Act 2004 may
  • Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where

18. General

  • The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or
  • These terms and conditions and any contract to which they apply shall be governed by the laws of the state of Queensland in which the Supplier has its principal place of business, and are subject to the jurisdiction of the Southport Courts in that
  • Subject to clause 11 the Supplier shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
  • The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.
  • The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
  • The Customer agrees that the Supplier may amend these terms and conditions at any time. If the Supplier makes a change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Supplier to provide Goods to the
  • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either
  • The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

 

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PRIVACY POLICY

This privacy policy (“Privacy Policy”) sets forth how we, Australian IG, (“Australian IG,” “we,” “our,” “us”), collect, use and protect the information provided to us when you visit our website or engage with our representatives (“Personal Information”). If you do not agree to the terms and conditions of this Privacy Policy, please do not access this Website.

We reserve the right to change this Privacy Policy from time to time in our sole discretion. You should periodically review this Privacy Policy to review any changes that may have been made. If changes have been made, and if you do not agree with them, you must discontinue your use and access of the Website. Your continued access and use of the Website after changes have been made to this Privacy Policy constitutes your agreement to and acceptance of the changes. This Privacy Policy is effective as 1/1/19 (“Effective Date”).

Personal Information Collected

  • Australian IG may, without limitation, collect the following Personal Information from you when you visit our Website or engage with our personnel and representatives:
  • information about your device, including your IP address, geographical location, browser type and version, and operating system,
  • information about your visits to our website and the use of this website, including the referral source, length of visit, page views, and website navigation paths,
  • information that you enter when you create a customer account on our website—for example, your name, mailing address, telephone number, email address, and information related to specific projects, invoices, and accounts associated with your specific customer accounts,
  • your name, mailing address, telephone number, email address that you enter when requesting quotes or additional information on Australian IG products via our website,
  • information that you enter while using the services and contact forms on our website,
  • information that is generated while using our website, including when, how often, and under what circumstances you use it,
  • information relating to anything you purchase, services you use, accounts and invoices managed through your online account, or transactions you make through our website, including your name, mailing address, telephone number and email address,
  • information contained in any communications that you send to us by email or through our website, including its communication content and metadata,
  • information that you provide to representatives of Australian IG at trade shows, meetings, or other in person communications,
  • any other personal information that you send or communicate to us.

Uses of Personal Information Collected

  • Australian IG collects the Personal Information set forth above to improve the Website and our services offered, and to provide you with better service and products. In particular, we may use your Personal Information for the following purposes, without limitation:
  • administering our Website and business,
  • to customize/personalize this Website based on user interests,
  • enabling your use of the services available on our Website,
  • sending you goods or products purchased through our Website,
  • supplying or fulfilling services purchased through our Website,
  • sending statements, invoices, and payment reminders to you, and collecting payments from you,
  • sending you non-marketing commercial communications,
  • sending you email notifications that you have specifically requested,
  • sending you email newsletters or other email communications that you have requested,
  • sending you marketing communications relating to our business(you can opt out at any time if you no longer require marketing communications),
  • sharing information with third parties as necessary for such third parties to provide services to Australian IG necessary to operate its business and provide for the various uses described in this Policy (for example, information collected and shared by our website service analytics providers or information stored in our Customer Relations Management System),
  • dealing with inquiries relating to our Website, products or services,
  • keeping the Website secure and to prevent fraud,
  • verifying compliance with the terms and conditions governing the use of our Website,
  • sending you useful information about our programs, products or services,
  • for enhancing this Website’s operations,
  • for statistical purposes,
  • to improve our products, programs or services,
  • to maintain the integrity of the information and services provided on this Website,
  • to create testimonials for generally available marketing materials,
  • other appropriate uses in connection with IG Blind’s business operations.
  • Australian IG does not sell or rent your Information to others. Except as set forth in this Policy or unless otherwise authorized by law, we will not distribute your Personal Information to third parties without your permission.

Disclosing Personal Information

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as may be reasonably necessary for to complete any of the uses set forth in this policy.

Australian IG will not publish your personal information or information that can identify you personally or share it with the general public unless we have a specific written authorization and license from you to do so.

Additionally, we may disclose your personal information as follows:

  • if we are required to do so by law;
  • in connection with any ongoing or prospective legal proceedings;
  • to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
  • to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
  • to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this policy, we will not provide your personal information to third parties. Information may be stored or maintained in servers or other document management systems owned and operated by third parties or on servers and systems maintained and owned by Australian IG. When Australian IG does disclose to or store information with third parties, we disclose or store only the personal information that is necessary for the third party to deliver the requested service, and we have a contract or agreement in place that requires them to keep your information secure and not to use it for their own purposes.

Retaining Personal Information

  • Our data retention policies and procedure are designed to help ensure that we comply with our legal obligations regarding the retention and deletion of personal information.
  • We will not keep Personal information that we process for any purpose or purposes for longer than is necessary for that purpose or those purposes.
  • We will retain documents, including electronic documents, containing personal data:

 

  • to the extent that we are required to do so by law,
  • if we believe that the documents may be relevant to any ongoing or prospective legal proceedings,
  • to establish, exercise, or defend our legal rights, including, but not limited to, providing information to others for the purposes of fraud prevention and reducing credit risk.

Security for Personal Information

Australian IG recognizes and appreciates the importance of responsible use and protection of your information, and has implemented appropriate physical, technical, and managerial safeguards to protect your information, but no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.

  • We will take reasonable technical and organizational precautions to seek to prevent the loss, misuse, or alteration of any of your personal information you have provided.
  • You acknowledge that the transmission of any information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
  • You are responsible for keeping the password you use for accessing our website confidential.

Non-Personally Identifiable Information

Our webserver automatically records certain information about each visit to the Website. This information does not track visitors, is not attributable to an individual, and is not merged with other data sources.

Other information may be collected through your use of the Website via cookies and Google Analytics. Cookies are used to collect some non-personally identifiable information such as anonymous usage data, browser and platform types and versions, and number of clicks.

Forms you submit to us may also automatically log this information as well as the date and time the form was submitted. The collected information is used to provide an overview of how and where people are accessing and using the Website in order to improve and optimize the Website and for security purposes. It is not used for any additional purpose. Under no circumstances does Australian IG use this information to identify you personally. We reserve the right to provide aggregate data to third parties for statistical analysis. Such data will not be linked to any particular individuals or contain personally identifiable information.

Third-party Websites

This Website may contain links to other Websites. We have no control over and are not responsible for the privacy policies and practices or the content of such Websites and third parties. Australian IG makes no representations whatsoever about other websites, including but not limited to websites that may contain a link to, or information about us. You should examine the privacy statements posted on those third-party websites to understand their procedures for collecting, using, and disclosing personal information. Upon leaving this Website, you are subject to the privacy policy of the new site.

Analytics Services

Australian IG collects information through cookies and other similar technologies. We may use third parties to provide advertisements for other websites that may be of interest to you, based on Information collected about your use of our Site and other websites. To do this, either our Website or these third parties may place or recognize a unique cookie on your browser, which may include, without limitation, the use of pixel tags and/or web beacons. You can choose to accept or decline cookies; most browsers automatically accept cookies unless you modify settings to decline them. However, declining to accept cookies may prevent you from taking full advantage of the Site.

Australian IG also uses web analytics services, which currently includes Google Analytics. Although we currently use the foregoing analytics services providers, we reserve the right, within our sole discretion, to change analytics services providers, or to add additional analytics services providers, without notice to you.

Google Analytics is a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies and similar technologies to track and report website traffic. The Information generated is transmitted to Google. This information is used to evaluate users’ use of the domain, compile statistical reports on domain activity, and provide other services related to the site and internet use. Google may also collect information about users’ use of other websites.

The information generated from Google Analytics is used only to improve the Site. We do not combine the Information collected through the use of Google Analytics with your Personal Information. Google’s ability to use and share Information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google privacy policy, which are available at www.google.com/policies/. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. You may also opt out of Google Analytics.

Correcting Your Personal Information

You may indicate your desire to change your privacy preferences at any time. You have the right to request access to, correct, or delete the information Australian IG has about you. You can contact us at any time to request access to, correct, or delete any information Australian IG has about you. In order to comply with your request, we may ask you to verify your identity. Please include your name, address, and/or e-mail address when you contact us, with as much detail as possible regarding the change(s) you wish to make. Direct your request to the address listed in the “Our Contact Information” section of this Privacy Policy below.

Please note that we will acknowledge and follow any changes to your privacy preferences as of the date of the creation of this policy but may not be able to implement such changes with respect to information that Australian IG has already used or transmitted in the past based on its reliance of your prior preferences.

International Privacy Laws

Australian IG processes personal information both as a Processor and as a Controller as defined in the General Data Protection Regulation (Regulation EU 2016/679). If you are visiting our Website from outside the United States, please be aware that you are sending information to the United States where our servers are located and that by using our Website and providing us with your data you are consenting to such a transfer. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your information will at all times continue to be governed by this Privacy Policy.

Cookies

This Website uses cookies. A cookie is a file containing an identifier, a string of numbers and letters, that is sent by a web server to a web browser and is stored by the web browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date. A session cookie will expire at the end of the user session, when the web browser is closed. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. We use cookies on our website.

We use Google Analytics cookies on our website to recognize a computer when a user:

  • visits the website
  • track users as they navigate the website
  • improve the website’s usability
  • analyze the use of the website
  • administer the website
  • prevent fraud and improve the security of the website
  • personalize the website for each user
  • target advertisements which may be of particular interest to specific users

Please review and consult the Google Analytics cookie usage policy for further information on how Google Analytics uses cookies to measure your interactions on this Site.

We also use a cookies to track whether users have previously reviewed and accepted our Privacy Policy. This cookie allows the Site to determine whether to present the Privacy Policy for consent each time a user visits the Site.

If you so choose you may refuse to accept cookies on your browser. Blocking all cookies may have a negative impact upon the usability of many websites. You may also delete cookies already stored on your browser. Deleting cookies may also have a negative impact on the usability of this Site and many other websites. If you block cookies, you will not be able to use all the features on our website. Please see the Analytics Services section above for further information on how to disable cookies on your browser.

Our Contact Information

Unit 10/15 Industrial Avenue,
Molendinar QLD 4214

Phone: 07 5597 0864 or 0405 226 790

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