Hardware Warranty and Maintenance & Terms and Conditions

Hardware Warranty

FGS warrants to its immediate customers that our range of Frameless Architectural Glass Fittings and Commercial Door Hardware (“the product”) will meet standard FGS specifications.
FGS’ warranty on the Product shall extend for a period of one year after the date of sale. If Fethers elects to supply another Product as described below, the warranty on said Product will extend for the balance of the original one year period.
FGS MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE PRODUCT, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY OTHER MATTER. In particular, FGS assumes no responsibility for glass breakage, improper usage, failure of Product on account of faulty installation or building construction or design, improper handling or failure to follow FGS’ instructions regarding the Product.
In the event that the Product fails to conform to the FGS warranty described above, and if FGS is notified, in writing, of such failure during the warranty period, then FGS will, at its option, furnish the customer with replacement product or refund the purchase price of the product.
FGS WILL BEAR NO OTHER EXPENSE, SUCH AS LABOUR COSTS OF ANY KIND, AND CUSTOMER’S EXCLUSIVE REMEDY, IN LIEU OF ALL INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING THE CASE OF NEGLIGENCE, IS LIMITED TO A REFUND OR THE FURNISHING OF ANOTHER PRODUCT AS HERETOFORE DESCRIBED.

Maintenance

There are some common misconceptions about stainless steel that are important to clarify. Stainless steel is stain-less it is NOT stain proof. Stainless steel can stain, it can rust, it can mark and it can scratch. It can also look like new for a very long time, provided it is properly maintained.
As stainless steel is installed in a wide variety of applications, it is impossible to determine the exact maintenance program required in each application. The more aggressive the environment, the greater frequency of maintenance will be required.
Maintenance procedures
As part of the routine maintenance items with moving parts should be lubricated with a Lanolin spray such as “Lanotec”. This will protect the gaskets and keep them supple.
Users should be cautious to not get oil based lubricants on porous tiles.
This should be done on a routine basis, based on distance from the ocean.
– 0-1km from the ocean: every Month.
– 1-5km from the ocean: every 3 months
– >5km from the ocean: every 6 months

Stainless steel will hold its appearance and remain free of staining if it is washed regularly with soap or a detergent containing low chloride. Ordinary household cleaners with low chloride applied with a soft cloth or brush should be used to avoid scratching the surface. It should always be dried afterwards to avoid leaving streaky marks.
There are many stainless steel cleaners available today in the retail market and most will be suitable for maintaining your stainless steel product. Should you require further information or clarification, please do not hesitate to call us toll free on 1800 099 918.

Terms and Conditions of sale

To the fullest extent legally possible, all dealings between Fethers Glazing Systems Pty Ltd ACN 108 033 825 (“FGS”) and any Customer (“Customer”) relating to any products or services are subject to the following Terms & Conditions of Trade (“these Terms”) unless otherwise agreed in writing.

1. Payments to be within 30 days of invoice date without deduction, unless
otherwise agreed
2. Interest is payable on overdue accounts at FGS’s election at the rate prescribed
under the Penalty Interest Rates Act 1983 (Vic) plus an additional 3%.
3. Property: a) Property in products shall not pass until payment in full of all monies
owed to FGS on any basis b) FGS reserves the right to take possession & dispose of
products as it sees fi t at any time until full payment & the Customer grants permission
to FGS to enter any property where any product is in order to do so with such force
as necessary c) Immediately upon delivery the Customer accepts liability for the
safe custody of products d) A certifi cate signed by an offi cer of FGS identifying FGS
products & certifying that monies are owing to FGS shall be conclusive evidence
of FGS’s title thereto e) Upon sale or disposition of products prior to payment in full
the Customer agrees to hold all proceeds Upon Trust for FGS in a separate bank
account agrees not to mix proceeds with any other monies & will upon request
immediately account to FGS therefore even if FGS may have at any time granted
any credit facility &/or time to pay f) Until full payment the Customer agrees (i) to
keep all products as fi duciary and Bailee for FGS & store them in a manner which
shows FGS as owner (ii) only to sell products in its usual course of business (iii) sale
on terms, at cost or less than cost shall not be “in the usual course” g) Clause 3 is
not intended to create a charge & shall be read down to the extent necessary to
avoid being a charge h) if the Customer uses or incorporates any products in any
production, process, manufacture or construction or combines them with anything
to create a fi nished or combined new thing for disposition by the Customer then
upon such disposition prior to payment in full of all monies owing, the Customer
agrees to hold such part of the proceeds thereof (& until payment is received by
the Customer, that part of any applicable book debt of the Customer) as equals the
costs of the products used and/or incorporated therein (at the prices invoiced by
FGS to the Customer for them) Upon Trust for FGS until payment in full of all monies.
4. Limitation Of Liability: a) The Customer will limit any claim upon FGS relating to
products, to the cost of replacement of products or the supply of equivalent
products and relating to services, to the cost of having services supplied again
b) FGS shall not be liable for any claim arising after 7 days from date of delivery
of products or performance of services (or at all once products have been
unpacked, modifi ed, on-sold or otherwise used or applied) after which there
shall be deemed to be unqualifi ed acceptance c) FGS will not be liable in
any way for any contingent consequential direct indirect special or punitive
damage arising whether due to FGS’s negligence or otherwise & the Customer
acknowledges this limit of liability & agrees to limit any claim accordingly d)
No other term condition agreement warranty representation or understanding
whether express or implied in any way extending to or otherwise relating to or
binding upon FGS is made or given e) FGS will not be liable for any claim re any
alleged fault or defect caused or contributed to by FGS, the Customer or any
3rd party nor for any transport installation rectifi cation labour or other cost.
5. Returns: a) Any products which are accepted by in writing by FGS as defective
may be returned and i) be replaced free of charge or ii) be the subject of a
credit for the invoiced value. b) Replacement free of charge does not include
labour transport or material costs. 6. Specifi c Orders. Customer specifi c orders
may be rejected by FGS at its election, unless accompanied by a nonrefundable
deposit of at least 50% of the total order price.
7. Placement Of Orders: a) if any dispute arises concerning any order (& including
any measurement quality quantity identity or authority or any telephone
facsimile e-mail or computer generated order) the internal records of FGS will
be conclusive evidence of what was ordered b) each order placed shall be &
be deemed to be a representation made by the Customer at the time that it is
solvent & able to pay all of its debts as & when they fall due c) failure to pay in
accordance with these Terms shall be & be deemed to be conclusive evidence
that the Customer had no reasonable grounds for making the representation
referred to in 7.b) & that the representations were unconscionable, misleading
and deceptive d) when any order is placed, the Customer shall inform FGS of
any material facts which would or might reasonably affect the commercial
decision by FGS to accept the order &/or grant credit in relation thereto. Any
failure to do so shall create & be deemed to create an inequality of bargaining
position shall constitute & be deemed to constitute the taking of an unfair
advantage of FGS & to be unconscionable, misleading and deceptive.
8. Delivery: a) FGS accepts no responsibility for delivery but may elect to arrange
delivery at its discretion & without any liability & at the Customer’s costs &
responsibility in all things b) FGS reserves the right to charge for any delivery c)
the Customer shall be deemed to have accepted delivery & liability for the
products immediately FGS notifi es that they are ready for collection or when they
are delivered to a carrier or to the Customer’s business premises or site whether
attended or not d) a certifi cate purporting to be signed by an offi cer of FGS
confi rming delivery shall be conclusive evidence of delivery as shall any signed
delivery docket e) FGS will not be liable for delay, failure or inability to deliver
any products f) once the Customer has been notifi ed that products are ready
for collection, the Customer agrees to pay all costs of FGS in holding or handling
products g) Frustrated Delivery: If the time spent in attempting to or effecting
delivery exceeds 30 minutes or requires more than one attempt, the Customer
agrees to pay all costs relating thereto together with a loading of 10% to cover
administration costs.
9. Variation or cancellation of any order dealing or arrangement must be
agreed in writing
10. Purchase Price: a) All sales are made by FGS at its ruling price at the time of
delivery b) government imposts and any GST (“imposts”) will be to the Customer’s
account c) FGS’s price lists exclude imposts unless expressly noted thereon.
11. Exclusions: a) No dealing with the Customer shall be or be deemed to be a sale
by sample or description b) If FGS publishes material about its products & prices,
any part which is incompatible with these Terms is expressly excluded c) the
Customer will rely on its own knowledge & expertise in choosing any product for
any purpose d) Any advice or assistance given for or on behalf of FGS shall be
accepted at the Customer’s risk & shall not be or be deemed given as expert
or adviser nor to have been relied upon.
12. Default or breach by the Customer of these Terms or in any dealings with FGS
will entitle FGS to retain all monies paid, call-up all monies owing, cease further
deliveries & recover from the Customer all loss of profi ts without prejudice to
any other of its rights.

13. Severability: Any part of these Terms can be severed without affecting any other part.
14. Products a) FGS may update modify make substitution or alter any of its products or
any component or raw material incorporated in or used in forming any party of any
products as part of its ongoing business. b) The Customer agrees to accept current
products in substitution for any products ordered provided they are not materially
different c) FGS disclaims any responsibility or liability relating to any products i)
processed or made to designs drawings specifi cations or measurements etc or with
materials which are provided or approved (whether in part or fully) by or on behalf
of the Customer ii) utilised stored handled or used incorrectly or inappropriately
d) The Customer agrees to check products for compliance with all applicable
Standards & regulatory bodies before use, on-sale or application & only to use on-sell
or apply products in accordance therewith and with any manufacturer’s or FGS
recommendations & directions as well as with sound commercial practice.
15. Other Terms & Conditions & Notice: No terms &/or conditions sought to be
imposed by the Customer upon FGS shall apply unless agreed in writing by FGS.
16. Recovery Costs: The Customer will pay all costs & expenses of FGS, its legal
advisers, mercantile agents & others acting on its behalf in respect of anything
instituted or being considered as a result of any breach of these Terms or of any
dealings with FGS.
17. Attornment: To give effect to its obligations arising under in these Terms the Customer
hereby irrevocably appoints any solicitor for FGS from time to time, as its attorney.
18. Customer Restructure: The Customer will notify FGS of any change in its structure
or management including any change in director shareholder management
partnership or trusteeship or sale of any material part of its business within 7 days
of any such change.
19. Jurisdiction: All contracts made with FGS shall be deemed to be made in
Victoria & the parties submit to the jurisdiction of the appropriate Courts in or
nearest Melbourne.
20. Credit Limit: FGS can vary or withdraw any credit facility or limit at any time at
its discretion & without any liability to the Customer or any other party.
21. Waiver: If FGS elects not to exercise any rights arising as a result of breach
of these Terms it shall not constitute a waiver of any rights relating to any
subsequent or other breach.
22. Notice: The Customer will be deemed to have notice of any change to these
Terms, immediately they are adopted by FGS in its business.
23. Security For Payment: The Customer a) agrees on written request to charge
in favour of FGS (i) by way of a fi xed charge, all its books of account goodwill
documents of title & current & later acquired real & intellectual property & (ii)
by way of a fl oating charge the whole of the Customer’s other undertaking
property & assets with payment of all monies owed to FGS b) grants alien to
FGS over any of its property in the possession or control of FGS for any monies
due and owing to FGS under these Terms or otherwise.
24. Force Majeure: FGS will not be in default or breach of any dealing with the Customer
as a result of Force Majeure (ie: anything beyond FGS’s reasonable control).
25. Returnable Packing: the Customer agrees if requested by FGS, to return all “A”
frames, “L” frames, stillages, packing materials or containers of FGS (“Packing”)
at the Customer’s cost. The Customer agrees to pay the full replacement cost
of all lost and/or damaged Packing.
26. Patents etc: If FGS utilises any design patent or intellectual property or follows
any instruction provided by or on behalf of the Customer the Customer
indemnifi es FGS against any claim proceeding damages or liability for any loss
cost or expense arising as a result whether for any alleged infringement of any
intellectual property or otherwise.
27. Inspection: Product sold subject to Customer inspection shall be inspected prior
to any dispatch and conducted at premises notifi ed by FGS within 7 days of
such notifi cation.
28. Specifi cations: a) Any illustration drawing or specifi cation supplied by FGS
(“Specs”) are drafts and approximates b) Any tangible or intellectual property
rights in Specs shall remain the property of FGS and may be recalled at any
time c) Specs to be treated at all times as confi dential and not made use of
without the prior written consent of FGS.
29. Materials: All materials supplied by the Customer must be shipped by the
Customer to the factory or site nominated by and in accordance with FGS
instructions & at the cost and risk of the Customer. Such materials will remain at
the Customer’s risk at all times.
30. Stock Discretion: FGS has a continuing discretion to allocate available stock
and gives no warranty as to certainty of supply unless expressly agreed in
writing in advance.
31. Partial Delivery/Forward Orders: If the Customer places forward orders or
request partial or instalment delivery, the Customer agrees a) to pay for so
much of any order as is from time to time delivered by FGS b) that no delay or
failure to fulfi l any part of any order shall entitle the Customer to cancel or vary
any order or delay or reduce any payment.
32. Acceptable Variation: The Customer will accept variation in quantities at plus or
minus 5% and will pay pro-rata for the actual quantity delivered.
33. Minimum Charge: The Customer will pay FGS its minimum charge for
anything the Customer orders which is below FGS’s applicable minimum
order at the time of order.
34. FGS not Manufacturer: The Customer acknowledges that FGS does not
manufacture glass product other than insulating & toughened glass and FGS
accepts no liability in relation to the manufacture of any products whatsoever
other than glass made by FGS (& then as limited in clause 4 hereof) and gives
no warranty of suitability or fi tness for any purpose of any products (refer these
Terms generally, including clauses 4 & 11).
35. On-Sale: The Customer agrees that upon on-sale of any products to inform any
third party involved of these Terms and in particular the provisions of clause 4
and sub-clause 4 (g).
36. Indemnity: The Customer indemnifi es FGS against any claim or loss arising from
or related in any way to any contract or dealing between FGS & the Customer
or anything arising therefrom or arising as a result of or subsequent to any
breach of these Terms
37. Insurance: The Customer agrees to insure FGS from any liability claim or
damage arising in any way; whether directly or indirectly under part VA or any
other part of the Trade Practices Act or these Terms, which insurance will note
the insured interest of FGS.