Terms and Conditions for Energy Smart Glazing

Last updated: September 2025

These Terms and Conditions (“Terms”) govern your access to and use of the Energy Smart Glazing website and related services (the “Site”). By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

Supply only. Designed for DIY/Builder installation.

1) Who we are

Trading name: Energy Smart Glazing (ABN 89 426 329 468)
Contact: [email protected] • 0438 567 089
Registered address: Busselton Western Australia 6280

2) Scope of services

We specify and supply high‑performance double‑glazed glass, aluminium frames, windproof outdoor blinds, and motorised louver pergolas for Australia’s climate, especially coastal areas.
Supply only: We do not provide installation services. Products are designed for installation by your builder/installer. Documentation is provided for your installer.

3) Quotes, orders and pricing

Quotes: Quotes are based on information you provide (plans, dimensions, site context). Quotes are typically valid for [30] days unless stated otherwise and may change due to supplier/freight price movements or specification changes.
Specifications: You are responsible for ensuring dimensions, counts, and site conditions are accurate. We may request clarifications or updated plans before finalising a quote.
Acceptance: An order is formed when you accept a quote in writing and pay any required deposit.
Pricing: All prices are in AUD and may be exclusive of GST unless stated. Freight, handling, or special packaging may be additional.
Variations: Any change to scope, specification, quantities, finishes, or delivery requirements after order acceptance may result in a variation to price and lead time.

4) Compliance and standards

We provide product documentation aligned to applicable Australian Standards (e.g., AS 2047/1288/AS‑NZS 2208) and NCC notes where relevant to the ordered products.
Building approvals and compliance: You/your builder are responsible for ensuring all local approvals, compliance requirements, and site‑specific engineering are met.

5) Supply‑only responsibilities

Your responsibilities:
- Engage a qualified builder/installer.
- Verify all measurements, tolerances, openings, and site readiness before installation.
- Ensure safe handling, storage, and installation per documentation.
Our responsibilities:
- Supply the products described in the order confirmation/spec pack.
- Provide product documentation for your builder/installer (spec sheets, installation notes where available, care/maintenance guidance).

6) Lead times and delivery

Lead times: Indicative and subject to supplier capacity, customs/border processes (if applicable), and freight conditions. We will provide updated ETAs if timelines change.
Delivery: Kerbside or site delivery as quoted. You/your builder must ensure safe site access, unloading resources (e.g., forklift/manpower), and inspection on receipt.
Risk and title: Risk passes on delivery. Title passes on full payment.
Inspection on receipt: Check for visible damage, short‑deliveries, or incorrect items upon delivery and note on the carrier’s docket. Notify us within [48] hours with photos and details.

7) Cancellations and returns

Custom products: Most products are made to order and cannot be cancelled or returned once manufacturing has commenced, except as required by law.
Non‑custom items: May be returned within [7–14] days if unused, in original packaging, and approved by us; restocking and freight fees may apply.
Australian Consumer Law (ACL): Your rights under the ACL apply and cannot be excluded.

8) Warranties

Manufacturer warranties apply to products and finishes as stated in the relevant brochures/spec sheets (e.g., powder coat colour fastness, hardware, fabrics).
Exclusions: Damage due to improper handling, storage, installation, misuse, neglect, alterations, or failure to follow care/maintenance guidance is not covered.
Warranty claims: Provide proof of purchase, photos, and a description of the fault. We may require inspection and will coordinate with the manufacturer/supplier where applicable.
ACL: Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; and to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

9) Site content and information

Informational only: The Site provides general information (including example glass makeups and configuration options). It is not professional advice. Final specifications should be confirmed for your project.
Accuracy: We aim to keep content accurate and current but make no warranty that content is error‑free or complete. We may update content at any time without notice.

10) Intellectual property

All content on the Site (text, images, graphics, logos, documents) is owned by us or our licensors and is protected by IP laws. You may not copy, modify, distribute, or use content except as permitted by these Terms or with our prior written consent.
You may download brochures/spec sheets for personal or project use and share them with your builder/installer.

11) Acceptable use

You agree not to misuse the Site, interfere with its operation, introduce malicious code, or attempt to access non‑public areas.
You must not use the Site to infringe others’ rights or to post unlawful or misleading material.

12) Third‑party links and tools

The Site may link to third‑party websites or use third‑party tools (e.g., Google Analytics, Bing Webmaster). We are not responsible for third‑party content or practices. Review their terms/policies before using their services.

13) Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Site, you consent to such processing.

14) Limitation of liability

To the maximum extent permitted by law, we exclude all liability for indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, goodwill, or data; or business interruption arising from or related to the Site, quotes, or products, except where liability cannot be excluded under the ACL.
To the extent liability cannot be excluded, our aggregate liability is limited to the amount paid for the goods giving rise to the claim or the minimum permitted by law.

15) Indemnity

You indemnify us against claims, losses, and costs arising from: (a) your breach of these Terms; (b) your misuse of the Site or documentation; or (c) claims related to your installer’s workmanship or failure to follow documentation, except to the extent caused by our breach or negligence.

16) Force majeure

We are not liable for delays or failure to perform due to events beyond our reasonable control, including supplier delays, transport disruptions, extreme weather, industrial action, acts of government, or force majeure events.

17) Changes to the Site and Terms

We may update the Site or these Terms at any time. Changes take effect when posted on the Site. Continued use after changes constitutes acceptance.

18) Governing law

These Terms are governed by the laws of Western Australia, Australia. You submit to the exclusive jurisdiction of the courts of Western Australia and courts of appeal therefrom.