Terms of trade
1. Definitions
“360 Glass” means 360 Glass Limited, its successors and assigns, or any person acting on behalf of and with the authority of 360 Glass Limited.
“Customer” means the person(s) purchasing the Goods as specified in any invoice, document, or order. Where there is more than one Customer, this is a reference to each Customer jointly and severally.
“Goods” means all goods or services supplied by 360 Glass to the Customer at the Customer’s request from time to time. Where the context permits, the terms Goods and Services are interchangeable.
“Price” means the price payable for the Goods as agreed between 360 Glass and the Customer in accordance with clause 5.
“Terms” means these Terms of Trade.
2. Acceptance
The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms upon placing an order for or accepting delivery of the Goods (“Contract”).
These Terms may only be amended with the written consent of 360 Glass and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and 360 Glass.
If the Goods and/or Services are the subject of an insurance claim, the Customer remains responsible for payment of all amounts invoiced by 360 Glass, regardless of whether the claim is successful.
Where the Customer is a tenant, the Customer warrants that full consent has been obtained from the property owner for installation. The Customer remains personally liable for payment of the Price and agrees to indemnify 360 Glass against any claims by the owner, except where such claims arise from 360 Glass’s negligence.
At 360 Glass’s request, the Customer must provide evidence that:
they are the owner of the property; or
if a tenant, they have the owner’s consent.
3. Change in Control
The Customer must provide at least fourteen (14) days’ written notice of any proposed change in ownership or changes to Customer details, including business name, address, or contact information. The Customer is liable for any loss incurred by 360 Glass due to non-compliance with this clause.
4. Authorised Representatives
Unless otherwise limited in writing, any representative introduced by the Customer shall have full authority to order Goods and Services and request variations.
If authority is limited, the Customer must clearly advise 360 Glass in writing of those limitations.
The Customer acknowledges responsibility for all costs incurred as a result of instructions given by an authorised representative.
5. Price and Payment
At 360 Glass’s discretion, the Price shall be:
as stated on an invoice; or
based on a written quote, valid for the stated period or thirty (30) days.
360 Glass may vary the Price if:
variations are requested;
unforeseen site conditions arise; or
labour, material, freight, exchange rates, or other costs increase beyond its control.
A deposit may be required prior to commencement. In the event of cancellation, the Customer remains liable for costs incurred to date, including supplier restocking fees.
Payment is due:
upon delivery;
in progress payments;
within twenty (20) days of month-end for approved Customers; or
seven (7) days from invoice date, unless otherwise stated.
Unless stated otherwise, prices exclude GST.
6. Variation of Order or Quote
Any variation shall be provided in writing, detailing changes and associated costs. This will be supplementary to the original quote.
7. Delivery of Goods and Services
Commencement and completion dates are estimates only. Delays caused by events beyond 360 Glass’s control may extend delivery timeframes.
Delivery occurs when:
the Customer or nominated carrier collects the Goods; or
Goods are delivered to the nominated address.
The Customer must accept delivery when tendered. Storage or redelivery fees may apply.
8. Risk
Risk passes to the Customer upon delivery. The Customer must insure the Goods from that time.
Goods left unattended or collected at the Customer’s request are at the Customer’s risk.
360 Glass is not liable for damage caused by substrate conditions, existing glass, or structural limitations.
9. Access
The Customer must ensure clear access to the site. 360 Glass is not responsible for site damage unless caused by negligence.
10. Dimensions, Plans, and Specifications
Industry standards apply where plans are not provided. Templates prepared by 360 Glass are guides only, and third-party accuracy remains the Customer’s responsibility.
11. Compliance with Laws
Both parties must comply with all applicable laws. The Customer is responsible for obtaining all required consents and ensuring site safety compliance.
12. Title
Ownership does not pass until all amounts owing are paid in full. Until then, the Customer holds Goods as bailee for 360 Glass.
13. Personal Property Securities Act 1999 (PPSA)
These Terms constitute a security agreement under the PPSA. A security interest applies to all Goods supplied.
Relevant PPSA rights are acknowledged, waived, or excluded as permitted by law.
14. Security and Charge
The Customer grants 360 Glass a charge over assets and authorises registration of security interests or mortgages as necessary to secure payment.
15. Customer’s Disclaimer
The Customer disclaims rights to rescind or claim damages arising from inadvertent misrepresentation and acknowledges reliance on their own judgment.
16. Defects
The Customer must notify defects within seven (7) days of delivery. 360 Glass’s liability is limited to repair or replacement.
17. Returns
Custom or non-stock items are not returnable.
18. Warranties
Workmanship is warranted for twelve (12) months, subject to exclusions including misuse, wear and tear, and unauthorised repairs.
Manufacturer warranties apply to non-360 Glass products.
19. Consumer Guarantees Act 1993
Where permitted by law, the CGA and Fair Trading Act are excluded for business Customers.
20. Default
Overdue amounts accrue interest at 20% per annum. 360 Glass may suspend or terminate supply and recover all costs.
21. Stand Down of Services
A stand-down fee of $200 per day applies where work is delayed due to site readiness or Customer request.
22. Cancellation
Cancellation may result in forfeiture of deposits and recovery of costs incurred. Custom and non-stock Goods cannot be cancelled once production begins.
23. Privacy Act 1993
The Customer authorises collection, use, and disclosure of information for credit, administration, and marketing purposes.
24. Unpaid Seller’s Rights
360 Glass retains lien rights over unpaid Goods and may sell them in accordance with applicable law.
25. Construction Contracts Act 2002
360 Glass may suspend work for non-payment in accordance with statutory rights.
26. Dispute Resolution
Disputes must follow the process of notice, discussion, mediation, and adjudication before court action (unless urgent relief is required).
27. Notices
Notices may be served in person, by post, or by email to the last known address.
28. General
These Terms are governed by New Zealand law. Auckland courts have jurisdiction. Force majeure applies except for payment obligations.
END OF TERMS