Terms & Conditions
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These are Terms and Conditions of Business by IMAGIO™ Glass Design and trademark of IMAGIO Glass Design Ltd who is the contacting part of this Agreement and the Order set out the entire agreement between you (the Customer”) and IMAGIO Glass Design. Please read these terms carefully. It is the customer’s responsibility to read and be aware of these terms and conditions prior to conducting business with IMAGIO.
iMAGIO agrees to supply (and, where applicable, install), and the Customer agrees to purchase the product(s) set out on the Order and Agree to our Terms and Conditions.
IMAGIO will undertake a survey of the site at which the Customer wishes to have the glass installed Unless otherwise agreed in writing with the Customer, IMAGIO’s lead-time for the delivery of the products shall be a minimum of fifteen (15) working days from the date that the successful site survey is completed and a 50% percent nonrefundable deposit is received. Timing may vary during high demand business periods.
IMAGIO will use reasonable efforts to carry out a site survey within 7days of the date it receives a completed and signed Quote and a 50% non-refundable deposit from the Customer. By making a payment you agree to our terms & conditions.
In the event of cancellation, IMAGIO will retain the Customer’s deposit. Deposit payments are due on or before the day of survey, any delays will incur a charge of $75. Any cancelled order for Products that have already been manufactured by IMAGIO must be paid for in full.
When all products outline on the order have been manufactured, IMAGIO will contact the Customer and arrange a mutually convenient installation date.
IMAGIO its reasonable effort to install on the Installation Date and undertakes to notify the Customer within a reasonable time in the event that the Delivery Date cannot be met.
IMAGIO excludes any and all liability (to the extent permitted by law) for any costs or damages of any kind (including direct, indirect and consequential losses) arising out of late delivery of the Product. IMAGIO shall not be responsible for delays or late delivery caused by circumstances beyond reasonable control.
The Customer must give IMAGIO at least five (5) working days written notice before the Delivery Date if the Customer wishes to delay delivery of the Product.
If the Customer wishes to delay delivery by more than five (5) working days, the full balance of the value of the Order will become immediately payable. IMAGIO agrees to store such delayed Products, at the Customer’s risk, for up to one (1) calendar month from the original Delivery Date. IMAGIO reserves the right to charge storage fees at a daily rate, until such time as the Products are delivered to the Customer.
The delivery charge as specified in the order will be payable by the Customer:
- if IMAGIO is not installing the Product
- on all installations outside a 50-mile radius of IMAGIO’s premises.
SITE PREPARATION and INSTALLATION
The Customer is solely responsible for ensuring that the site is suitably prepared for installation. Walls must be clean and free of dirt and debris and be in undamaged condition. If damp conditions or dry rot is detected IMAGIO recommends that the condition be treated well in advance of the agreed date for delivery and installation of the Product. If the walls are not suitable for installation, the CUSTOMER is responsible for fixing or repairing the walls prior to installation.
Electrical and telephone points, utensil racks, appliances, cabinetry and all fixtures must be fitted or marked before the Site Survey, as changes cannot be made to the Product once it is processed. Walls and worktops must be reasonably levelled as creation of gaps may occur. Company takes no responsibility for any unprepared surfaces resulting in unsatisfactory finish. Silicone is applied to outer perimeter of the Product for sealing and waterproofing purposes. Seals may vary depending on joinery, walls and worktops being level or plumb.
Any site preparation that is not adhered to as above on the day of survey or fitting, will charged at the current day rate for that date.
Up to 1/6” tolerances are possible on all sides due to the nature of glass production. Protrusion tolerance of up to 1/16” is acceptable due to uneven surface level of walls.
INSTALLATION BY CUSTOMER
If IMAGIO is not installing the Product, silicone should be purchased from IMAGIO and installation should be carried out using recommended products.
IMAGIO shall not be responsible for any issues relating to the size or fit of the Product if the Products are installed by unqualified installers.
COMPLETION OF ORDER
The Customer’s order will be deemed completed when all Products set out on the Order Form have been installed, or, if the Customer does not require installation, on delivery. Any Product found to be faulty after installation will be rectified under the guarantee conditions. For the avoidance of doubt, faulty Product will not constitute incomplete installation.
IMAGIO will only supply the product when full payment has been made. Once the payment is received and funds cleared proceeding of the order will commence. A $250 handling fee will be charged for each panel over 9 feet long.
Site Survey and Measure and Fit is required. A 50% deposit of estimate / quotation or pro-forma invoice is required in cleared funds before site survey. The booking for site survey will be arranged on the date of receipt of the customer’s deposit.
Final invoice is based on report of successful site survey and may be subject to change. Following site survey and written confirmation of the updated invoice you will be contacted to arrange payment of the remaining balance. Following payment of the remaining balance we will proceed with the production process. On completion of your order you will be contacted to arrange a mutually convenient installation date and time. The customer is solely responsible for ensuring that the site is suitably prepared for installation.
Unless otherwise agreed with the Customer in writing, payment shall be due immediately from the date IMAGIO submits an invoice to the Customer. In the event of late payment, IMAGIO reserves the right to:
- Cancel the contract and issue new contract
- Failure to complete payment will result in loss of deposit, payment of all costs of materials and non-delivery of the Product;
- Suspend or cancel future deliveries or outstanding work;
- Cancel any discount offered to the Customer.
- While the Customer owes money to IMAGIO, IMAGIO has a right to keep any property IMAGIO may hold of the Customers until payment has been received in full (a lien).
- If the Customer breaches any of the Customer obligation under these terms, they are to indemnify IMAGIO in full against all direct or indirect expenses and liabilities incurred including legal costs and other related costs on a full indemnity basis.
- The Customer should note that until IMAGIO receives full payment the Guarantee offered by IMAGIO to the Customer will not come into effect.
- IMAGIO may take any of the actions in this clause at any time without notice.
COLOR & DESIGN
Due to the variation in the manufacture of glass as well as screen calibrations and lighting differences, colors cannot be guaranteed.
IMAGIO will use reasonable efforts to match as closely as possible the finished product with the color sample provided. However, the Customer is advised of limitations to match a color exactly.
One hour of graphic work is included with digitally imaged artwork designs and color alteration. Additional graphic work will be subject to additional charges.
Please note any cost increases necessitated by the Site Survey are the sole responsibility of and shall be payable by the Customer. Any amendments in respect of changes requested after the final measure and survey are also payable in full by the Customer. Any changes relating to changed position of sockets, taps, phone sockets, light switches or other fixtures are at the expense of the Customer.
IMAGIO will store glass that has been paid in full for up to 6 months free of charge. Following 6 months of storage a charge of $50 per month will be applied to your invoice.
DEFECTS OR DAMAGE
Any claim for non-delivery of any Product must be notified in writing by the Customer to IMAGIO within ten (10) days of the date of the delivery. Any claim that any products have been delivered damaged, and not of the correct quantity or do not comply with their description must be notified in writing by the Customer to IMAGIO within seven (7) days of the Delivery Date.
IMAGIO accepts no responsibility for any damage once we have a signed delivery note. It is the Customer’s responsibility to check panels on receipt and sign them off. Allowing a third party to take delivery is at the Customers own risk.
Any damage claim must be in writing and must contain full details of the claim including a full description of any allegedly defective Product. The Customer shall afford IMAGIO a reasonable opportunity and facilities to investigate any claims made, and the Customer shall if applicable, and if so requested in writing by IMAGIO, properly return any Product subject to the claim and any packing materials securely packed and shipping paid to IMAGIO for examination. IMAGIO reserves the right to refuse any claim in respect of which the Customer has not complied with the claim procedure set out here.
If the Customer establishes that any Product has not been delivered, have been delivered damaged, are not of the correct quantity, or do not comply with their description IMAGIO shall, at its option, replace with similar goods any Product which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Product.
If the Customer establishes that any Product are defective IMAGIO shall, as its option, replace with similar goods or repair any defective Product, allow the Customer credit for their invoice value or to the extent that the goods are not of IMAGIO’s manufacture, assign to the Customer (so far as IMAGIO is able to do so) any warranties given by the manufacturer of the goods to IMAGIO.
The delivery of any repaired or replacement Product shall be at the Customer’s site or other delivery point specified for the original Product.
The right to a replacement Product, repair of the Product or a refund as set out in these terms and conditions shall be the Customer’s sole and exclusive remedy.
IMAGIO will use reasonable efforts to repair or replace, free of charge, any product that is discolored within 10 years of the Delivery Date. This Guarantee is subject to full payment for all Product, charges, fees, and reasonable written notice by the Customer of such a fault to IMAGIO. The Customer must maintain and clean the Product(s) in a proper manner. This excludes willful damage and normal wear and tear.
This guarantee only applies to:
(a) the Customer noted on the Order Form and is not transferable and
(b) Products installed by IMAGIO’s approved and trained installers.
The guarantee does not cover any defects caused by mistreatment of the glass caused by cleaning agents either chemical or abrasive. IMAGIO will not be responsible for any claims in respect of measuring errors when IMAGIO’s site surveyor has not taken the measurements. IMAGIO will not be held responsible for breakages or damage caused during transit where IMAGIO is not paying for the cost of freight. Where IMAGIO does not install the glass, any imperfections or damage during handling are not the responsibility of IMAGIO.
LIMITATION OF LIABILITY
Under no circumstances shall IMAGIO have any liability of any kind for:
(a) any defects resulting from wear and tear, accident, improper use by Customer or use by the Customer except in accordance with the instructions or advice of IMAGIO;
(b) any Product that have been adjusted modified or repaired except by IMAGIO;
(c) the suitability of the Product for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to IMAGIO;
(d) any substitution by the Customer of any materials or components not forming part of any specification of the Product unless agreed in writing by IMAGIO;
(e) any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions are contained in IMAGIO’s catalogues, price lists or elsewhere since they are merely intended to represent a general idea of the Products and are not to form part of these Terms or be treated as representations;
(f) any technical information, recommendations, statements or advice furnished by Company its servants or agents not given in writing in response to a specific written request from the Customer prior to the acceptance of the Order; or
(g) any variations in the quantities or dimensions of any Product or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the subject matter, and the substituted materials or components are of a quality equal or superior to those originally specified.
IMAGIO shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of these Terms or any negligence, breach of statutory or other duty on the part of IMAGIO or in any other way out of or in connection with the performance or purported performance of or failure to perform under these Terms except: (a) for death or personal injury resulting from IMAGIO’s negligence; or (b) as expressly stated in these conditions.
In no circumstances shall the liability of IMAGIO to the Customer under these Terms exceed the invoice value of the Product.
It is the responsibility of the Customer to follow manufacturer’s instructions and to treat the Products with due care and attention, as no responsibility can be accepted by IMAGIO for damage caused by incorrect use or cleaning with products that contain bleach or other corrosive agents. Glass should be cleaned with glass cleaning products or disinfectant and not sprayed directly on the glass. Cleaning products should be applied to a soft, non-abrasive cloth and then applied to the glass via the cloth.
Tempered glass should receive the same care as annealed (ordinary) glass. Careless handling and improper installation sometimes causes edge damage, and delayed breakage can occur when edge-damaged tempered glass is subjected to mechanical stress, as in installation. Further, if cut, knocked or dropped, this material will produce instantaneous total fragmentation. DO NOT under any circumstances attempt to cut or drill the product as it will shatter.
Our product is designed to withstand up to 400ºC. This will include any hot water pipework concealed within walls and any radiant heat sources. Do not expose glass to any source of direct flames.
The glass should be cleaned on a regular basis. Avoid using abrasive pastes or polishing materials. The glass will not be harmed by descaling chemicals. Spray cleaning solution on non-abrasive cloth and then apply to the glass.
In glass industry, minor defects not visible from a distance of 10 feet or greater when the glass is in its final installed position are deemed to be within tolerance. Small defects in the glass that are visible in distances less than 10 feet such as scratches less than ½ inch, bubbles and specs in the paint, are considered normal within the glass industry.
If there is any damage caused to the silicon seals, it should be repaired as soon as possible. Exposed edges must be treated with care.
These Terms shall be governed by laws of Michigan.
The parties agree that these Terms and the Order Form constitute the entire agreement and understanding between the parties. These Terms and the Order Form supersede all understandings, representations and agreements made between the parties. However, neither party seeks to exclude or limit liability for any fraudulent misrepresentations.
The waiving (which must be in writing and signed by an authorized representative of the relevant party) on a particular occasion by either party of rights under these Terms does not imply that other rights will be waived. If a party has a right arising from the other party’s failure to comply with an obligation under these Terms and delays in exercising or does not exercise that right, such delay in exercising or failure to exercise is not a waiver of that right or any other right.
Each category of these Terms is a separate term and is intended to stand alone. Should any provision of these Terms be held to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms which will continue to be valid and enforceable to the fullest extent permitted by law.