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These Conditions of Service form part of a contract between you (the “Customer”) and us (“Roo Glass Replacement ABN 21662825765”) for the provision of Glass Replacement Services (“Services”). Please read these Conditions of Service carefully as they contain important information about your rights and obligations.
Acceptance of Terms
1. By requesting or purchasing the Services, you agree to be bound by these Conditions of Service. If you do not accept these Conditions of Service, you must not request or purchase the Services.
2. These Conditions of Service may be amended from time to time at our discretion. The latest version of these Conditions of Service will be available on our website and will apply to any Services provided after the date of amendment.
Definitions and Interpretation
In these Conditions of Service, unless the context otherwise requires:
3. “Agreement” means the agreement between us consisting of these Conditions of Service and any other terms and conditions notified to you by us in relation to the provision of the Services;
4. “Business Day” means a day that is not a Saturday, Sunday or public holiday in NSW, Australia;
5. “Confidential Information” means all information disclosed by one party to the other party whether before or after the date of this Agreement which is by its nature confidential or would be regarded as confidential by a reasonable person including (without limitation) information regarding products, business plans, marketing strategies, finances and software;
6. “Customer Data” means any data inputted or uploaded by the Customer or its representatives in connection with the Services;
7. “Intellectual Property Rights” means all patents, copyright, registered designs, trade marks (whether registered or unregistered), trade secrets, know-how and all other intellectual property as defined in article 2 of the Convention Establishing the World Intellectual Property Organisation 1967;
8. “Request” means a request made by you for the provision of the Services;
9. “Services” means the glass replacement services to be provided by us to you in accordance with these Conditions of Service;
Provision of the Services
10. We will provide the Services using reasonable care and skill in accordance with any agreed specifications set out in a Request.
11. We will use reasonable efforts to meet any dates specified in a Request for the provision of the Services but we cannot guarantee that such dates will be met and we are not liable for any loss or damage suffered by you as a result of any delay in the provision of the Services.
12. We may need to make changes to the way in which we provide the Services from time to time and we will use reasonable efforts to notify you in advance of such changes.
13. The Customer acknowledges that the Services are provided on an “as is” and “as available” basis.
14. We reserve the right to refuse to provide the Services to you if:
(a) you or your representatives are in breach of these Conditions of Service; or
(b) we believe that providing the Services to you would be unlawful.
Customer Obligations
15. In order for us to provide the Services, you must:
(a) provide us with any information or materials that we reasonably request from you;
(b) obtain and maintain all necessary licences, consents and permissions which may be required before the date on which the Services are to start;
(c) comply with all applicable laws and regulations in relation to the Services;
(d) cooperate with us in all matters relating to the provision of the Services; and
(e) provide us, our employees, agents, contractors and sub-contractors with access to your premises as reasonably required.
Lifetime Warranty on Workmanship
16. We offer a lifetime warranty on workmanship for all of the Services that we provide. This means that if, at any time after the Services have been provided, you are not satisfied with the quality of our workmanship, we will come back and fix it free of charge.
17. This warranty does not cover any damage caused by you or any third party.
Limitation of Liability
18. Nothing in these Conditions of Service limits or excludes our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
19. Subject to clause 18, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Conditions of Service.
20. Subject to clause 18 and 19, our total liability to you arising under or in connection with these Conditions of Service, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, will not exceed the amount paid by you for the Services.
21. This clause 21 does not apply to any condition, warranty or guarantee that cannot be excluded by law.
Indemnity
22. You agree to indemnify us, and hold us harmless, against all liabilities, damages, losses, costs (including legal costs) and expenses incurred or suffered by us as a result of or in connection with any breach of these Conditions of Service by you.
Quote Validity
23. Our quotes are valid for a period of 7 days from the date of issue, unless stated otherwise in the quote.
Refunds and Cancellations
24. We do not offer refunds on any of the Services that we provide unless required to do so by law.
25. If you need to cancel an appointment for any reason, you must do so at least 24 hours in advance, otherwise you may be charged a cancellation fee.
Force Majeure
26. We will not be liable to you or be deemed to be in breach of these Conditions of Service by reason of any delay in performing, or any failure to perform, any of our obligations under these Conditions of Service, if the delay or failure was due to any cause beyond our reasonable control including acts of God, war, strikes or other industrial disputes (whether involving our employees or those of a third party), terrorist attacks, nuclear accidents, fires, floods, explosions, storms and earthquakes.
Manufacturers Warranty on Glass
27. In addition to our own lifetime warranty on workmanship, all of the glass that we use for the Services is covered by a manufacturer’s warranty. This means that if there are any defects in the glass itself, you will be covered by the manufacturer’s warranty and not ours.
Manufacturers Warranty on Windows & Doors
28. In addition to our own lifetime warranty on workmanship, all of the windows and doors that we use for the Services are covered by a manufacturer’s warranty. This means that if there are any defects in the windows or doors themselves, you will be covered by the manufacturer’s warranty and not ours.
Entire Agreement
29. These Conditions of Service constitute the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
30. You acknowledge that in entering into these Conditions of Service, you have not relied on any statement made by us which is not set out in these Conditions of Service and you agree that you shall have no remedy in respect of any such statement and that your only remedies shall be for breach of contract as set out in these Conditions of Service.
Waiver
31. No failure or delay by us in exercising any right, power or privilege under these Conditions of Service shall operate as a waiver thereof, nor shall any single or partial exercise by either party of any such right, power or privilege preclude any further exercise of the same or any other right, power or privilege.
Severability
32. If at any time one or more provisions of these Conditions of Service are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
Assignment and Subcontracting
33. You shall not assign or transfer your rights or obligations under these Conditions of Service to any other person without our prior written consent.
34. We may assign or transfer our rights or obligations under these Conditions of Service at any time without your prior written consent.
35. We may use any subcontractors that we choose to perform all or any of the Services and we shall remain responsible for the performance of the Services even if they are performed by a subcontractor. However, you agree that you will direct all communications relating to the Services to us and not to our subcontractor.