WARRANTY, TERMS & CONDITIONS
1. About the Website
1.1. Welcome to www.marshallglass.com (the 'WebsiteWebsite'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services Purchase Services').
1.2. The Website is operated by Marshall Glass (ABN 39769600144). Access to and use of the Website, or any of its associated Products or Services, is provided by Marshall Glass. Please read these terms and conditions (the 'Terms’) carefully. By using, browsing, reading the Website and/or purchasing our products & services, signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Marshall Glass reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Marshall Glass updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Marshall Glass in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Mailing address
(c) Telephone number
(d) Full name
3.2. You warrant that any information you give to Marshall Glass in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website ('Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Marshall Glass; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Marshall Glass of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Marshall Glass providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Marshall Glass for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price upon accepting the quoted price for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through Stripe and Paypal (the 'Payment Gateway Provider’).
5.3. Following payment of the Purchase Price being confirmed by Marshall Glass, you will be issued with a receipt to confirm that the payment has been received and Marshall Glass may record your purchase details for future use.
5.4. Marshall Glass may, at their sole discretion, provide a refund on the return of the Products within 30 days. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6. Quality of Construction
6.1. All work done in this contract will comply with:
(a) the building code of Australia to the extent required under the relevant State legislation;
(b) all other relevant codes, standards and specifications that the Work is required to comply with under any law
7.1. Marshall Glass warrants all products for 2 years from completion of works. from completion of works. Where extended warranty is purchased, Marshall Glass will honour the extended warranty period from completion of works.
7.2. Marshall Glass's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty’).
7.3. You may make a claim under this clause (the ' Warranty Claim') for material defects and workmanship in the Products within 2 Years from the date of completion of works (the ' Warranty Period’).
7.4. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Marshall Glass showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending an email at firstname.lastname@example.org.
7.5. Where the Warranty Claim is accepted then Marshall Glass will, at its sole discretion, either repair or replace any defective Products or part thereof with anew or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the WarrantyClaim.
7.6. The Warranty shall be the sole and exclusive warranty granted by Marshall Glass and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
7.7. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
7.8. The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
7.9. Other exclusions:
(a) Products that are not maintained and cared for in line with Marshall Glass instructions;
(b) General wear and tear;
(c) Goods not installed to our instruction advice;
(d) Goods installed outside of Australian building standards or standard building practices;
(e) Defects caused by transportation not carried out by Marshall Glass;
(f) Product servicing which is not carried out by Marshall Glass and;
(g) Any abnormal stress imposed on the Goods due to coastal conditions, salt spray, corrosive chemicals, acid rain, extreme heat and/or humidity, excessive vibration or movements of buildings or foundations;
(h) Glass breakage not caused by our faulty workmanship;
(i) Natural variations in colour (e.g. yellowed plastic and/or rubber).
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Marshall Glass are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by Marshall Glass or its contributors.
8.2. Marshall Glass retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
- the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Marshall Glass; or
- the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Marshall Glass and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. General Disclaimer
10.1. You acknowledge that Marshall Glass does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
10.2. Marshall Glass will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which arenot expressly stated in these Terms are excluded; and
- Marshall Glass will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Marshall Glass is at your own risk. Everything on the Website, the Purchase Services, and the Products of Marshall Glass, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Marshall Glass make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Marshall Glass) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. Marshall Glass's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Marshall Glass is there supply of information or Purchase Services to you.
11.2. You expressly understand and agree that Marshall Glass, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. Marshall Glass is not responsible or liable in any manner for any site content(including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Marshall Glass, by third parties or by any of the Purchase Services offered by Marshall Glass.
12. Termination of Contract, Cancellation and Holding Jobs
12.1. The Terms will continue to apply until terminated by either you or by Marshall Glass as set out below.
12.2. If you want to terminate the Terms or cancel your order; your notice should be sent, in writing, to Marshall Glass via the 'Contact Us' link on our homepage.
(a) notifying Marshall Glass at any time; and
(b) closing your accounts for all of the Purchase Services which you use where Marshall Glass has made this option available to you.
12.3. Marshall Glass may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Marshall Glass is required to do so by law;
(c) the partner with whom Marshall Glass offered the Purchase Services to you has terminated its relationship with Marshall Glass or ceased to offer the Purchase Services to you;
(d) Marshall Glass is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e)the provision of the Purchase Services to you by Marshall Glass is, in the opinion of Marshall Glass, no longer commercially viable.
12.4. In the circumstance that you choose to cancel your order, if manufacturing and ordering of materials has already commenced, you may be required to pay reasonable charges for such cancellation which take into account expenses incurred by Marshall Glass and all other losses incurred from such cancellation. Marshall Glass may retain the monies paid and deposits which are security to Marshall Glass for damages awarded to Marshall Glass.
12.5. In the circumstances you need to put your order/job on hold, we can only do so for 3 months. Marshall Glass may at their sole discretion extend this hold period upon reasonable request. Once the hold period has ended, you are liable for the costs incurred by Marshall Glass as a result of holding your order. This cost is 50% of the total quoted amount which will be charged and held upon the hold request until the job is recommenced.
12.6. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Marshall Glass have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify Marshall Glass, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
- any breach of the Terms.
14. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent inter locutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice’) by that other party, the parties to the Terms('Parties’) must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or Conflict Resolution Service or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;(d)The mediation will be held in Gold Coast, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by Marshall Glass is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
16. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, not withstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of in equality or bargaining power or general grounds of restraint of trade.1717..SeveranceSeveranceIf any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Terms & Charges
1. Standard callout charges – in the Gold Coast council area we charge $66, Brisbane Metro we charge $88, and Sunshine Coast region we charge $176 for an initial callout charge to attend to your property.
Extra travel charges may apply if your location is outside of these areas so please enquire with us about your callout charge.
2. Incorrect callout fee (ICOF) – AN ICOF will be charged if we attend your premises and find there is no fault or the fault is caused by you or another party/factors unrelated to Marshall Glass’ Products & Services.
a) A warranty callback where there is no actual fault.
b) A warranty callback or repair callout where we find the issue is deemed to have been caused by factors unrelated to our Products and Services.
c) A warranty callback where the issue where the warranty is found to be void (see Section 6 of our terms & conditions).
d) And any other reasonable circumstance which is deemed an incorrect callout at our discretion.
The ICOF is the same prices as our standard callout charges which covers for the first 30 minutes of labour. If the job takes longer that 30 minutes, you will be charged an additional $22 per 15 minutes thereafter.
Our technicians can usually identify the fault or if the issue is related to our works or not within the initial 30 minutes.
We have a collect on deliver (COD) policy - Collection of the callout charge is required to be paid before our technician leaves your premises.