Terms and Conditions of Trade

1. Definitions.
(a) “Seller” shall mean “Glazing Films Ltd”, or employees thereof.
(b) “Customer” shall mean the Customer, any person acting on behalf of or with the authority of the Customer, or any person purchasing goods or services from Glazing Films Ltd.

2. Price.
(a) Prices quoted includes GST unless otherwise stated.
(b) Where no price is stated in writing or agreed to orally, the goods or services shall be deemed to be sold at the current price applying at the date on which the invoice for the goods or services is issued to the Customer.
(c) The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond the control of the Seller between the date of the contract and delivery of the goods or providing of the services.

3. Quotation.
(a) Where a quotation is given by the Seller for goods or services:
(b) The quotation shall be valid for 60 days from the date of issue; and
(c) The quotation shall be inclusive of GST unless specially stated to the contrary.
(d) If an estimate has been accepted by the customer and an agreed formal quotation consultation has been completed (including travel) to establish film & glass type etc and the Customer decides not to proceed, a cost of $175.00 + GST Residential & $250.00 + GST Commercial will be charged to recover costs.
(e) If the quotation has been accepted after the consultation period and an installation date has been confirmed. Two weeks’ notice prior to the installation date will be required in writing to postpone / cancel. If two weeks’ notice has not been given and product has been ordered and/or prepared, a charge of 50% of the total amount of the quoted job including GST which covers a portion of the product cost and includes, labour, pre-cutting and preparing product prior to installation and courier fees, will be charged, or, If the product has not been ordered pre the installation date and a postponement / cancellation is indicated without the seven day notice, fees will apply as per 3. (d).
(f) Where additional goods or services are required over and above the accepted quotation, the Customer agrees to pay for the additional cost of goods or services. i.e., Scaffolding etc. Glazing Films and the customer discuss what is needed and accepted.

4. Deposit & Payment.
(a) Deposit payment of 20% of the total quoted amount including GST prior to an installation unless the customer has a credit account already in place with the Seller or unless otherwise agreed with the Seller.
(b) Payment terms for credit accounts is on or before the 20th day of the month following date of invoice.
(c) Method of payment is as detailed at the time of the sale being confirmed unless otherwise arranged.
(d) The Customer undertakes to pay the account in full on or before the due date. In default of such prompt payment, the Customer undertakes to pay late payment fees of 10% per month or part thereof to the nearest month on any amount outstanding and to indemnify the Seller and/or pay all costs and expenses on a solicitor/client basis if legal action is necessary; and/or debt recovery costs which may be incurred in recovering any overdue by you, the Customer.
(e) Any claim by the Customer under the terms of the warranty or consumer law is not to be used as a reason to withhold payment in full.
(f) The Customer shall agree that the window film installed remains in the name of the seller from the installation date until the goods have been paid for in full.

5. Sale by Description.
(a) The goods and services are sold on description as set out on the Seller’s quotation / invoice forms.

6. Risk / all care.
(a) In accordance with the film parameters and limitations, we only practise safe “film to glass” guidelines as specified by the window film manufacturer and the window film industry. Where we are not involved in the importation, manufacturing, production, preparation, or installation of glass, we do not hold responsibility for glass or unit failure due to poor or inadequate glass procedure or practice set out by the glazing industry. Where film removal is carried out by the Seller, all care, but no responsibility for any costs incurred due to unforeseen glass or window damage during or after this process.
(b) The Seller shall not be held liable for any glass failure due to thermal cracking or any other unforeseen contributing factors (as per 6.a) that may be present at the time of the goods being installed or at any time thereafter.
(c) The Seller shall not be held liable for any damage occurring to the glass pane, window frame, and its components and associated window coverings as a result of the installation of the film or the procedures used.
(d) The goods are supplied and/or installed on the basis that the Customer has made the final decision regarding correct product selection for the purpose that they are intended for, and that the Seller is not liable for incorrect product choice by the customer.
(e) The Customer is liable for the full cost of the goods and any associated costs incurred by the Seller if the Customer cancels or changes the goods and /or services agreed too after the Seller has incurred any costs and/or changed the format of the goods for this Customer (ref 3.e)

7. Retention of Title.
(a) Ownership of the goods shall be retained by the Seller until payment in full is made by the Customer without deduction or deferment on account of any disputes or counterclaims. If payment is overdue the Seller (without prejudice to its other rights and remedies) may recover such costs through a collection agency and all associated costs to be paid by the customer.

8. Force Majeure.
(a) If a shipment or delivery is delayed for any reason beyond the control of the Seller or because of fire, accident, earthquake, industrial dispute or inability to obtain transport or product, the time for delivery and/or installation shall be extended by an agreed time.
(b) If for any reason beyond the control of the Seller, the Seller is unable to supply the full quantity specified in the Customer’s order, this failure shall not give rise to any claim against the Seller or be deemed to be a breach of contract.

9. Consequential Law.
(a) Any claim against the Seller shall not exceed the price paid for the goods and/or services complained of.
(b) All product and/or services supplied by the Seller are supplied in good faith under the terms of the Consumer Guarantees Act, Fair Trading Act, and product warranty.

10. Miscellaneous.
(a) The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of the Seller.
(b) The Seller shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
(c) Failure by the Seller to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations the Seller has under this contract.
(d) Where the terms of this contract are at variance with the order or instruction from the Customer, this contract shall prevail.
(e) If any provision of this contract shall be invalid, void, or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
(f) Failure to meet credit worthiness will constitute reason for cancellation of the contract by the Seller without incurring any costs.

11. Limited Product Warranty.
(a) Our window film is warranted to the original owner against: Bubbling, Loss of optical clarity, Cracking, Crazing, De-metalising, and any other material fault for the period of the warranty period.
(b) The warranty does not cover film damaged by glass failure, glass breakage, defective glass fitment or leaking glass, film which has been subject to mistreatment, abuse, improper care or excessive heat, film to which stickers, suction caps or similar are attached and it does not cover any consequential loss however caused. All warranties implied statute which can be excluded are excluded.

12. Warranty Service.
(a) Under the terms of the warranty, contact Glazing Films Ltd. To make a claim under the terms of the warranty, proof of purchase is required to be presented by the customer / owner. This can be in the form of the original invoice from Glazing Films Ltd and/or completed warranty card.

13. Warranty Periods.
(a) Periods range from 3 years to limited lifetime from date of installation, depending on the window film product installed.

14. Scope of Coverage.
(a) This limited warranty is provided and applies to any individual or entity that originally engaged Glazing Films Ltd to install window film to the address nominated on the invoice. The limited warranty coverage begins from the date that the film was originally installed, is not transferable from the original purchaser of the film, and is only valid in New Zealand.
(b) Glazing Films Ltd shall not be liable for any loss, damage, expense, or cost caused or partially caused through:
(1) Inappropriate film care or cleaning or abuse.
(2) noncompliant applications and noncompliant film use.
(c) Any other acts, occurrences, defects, faults, or damages not associated with the manufacturer of the window films, or for the quality of workmanship of the glass, or insulated glass (IG) units.
(d) If such glass or unit failure should be observed by a glazier as being at fault due to film installation, The seller reserves the right to seek inspection from the manufacturer and/or an independent 3rd party to inspect the glass/unit failure to determine the actual cause. If the repair / replacement takes place without the seller being notified or had an opportunity to inspect the glass / frame, or film not being the cause of failure there will be no action taken against the seller.
(e) If it is necessary to replace defective film or placement of film on repaired glass and/or insulated glass (IG) unit(s), any such repairs or replacement will not extend the warranty coverage.