Terms and Conditions of Sale




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1. The Purchaser must pay Flat Glass industries Limited (the "`Group"), or subsidiary companies, within 30 days of each statement date.

2. If any payment is not received on time all amounts payable to the Group by the Purchaser become immediately due and the Group may start legal proceedings to recover all amounts owing without notice.

3. if any payments are not made on time -the Purchaser must pay interest on those amounts from the statement date on which each amount first appeared until the overdue amount is paid in full or the interest rate of 2% per month or, the interest rate applicable from time to time to judgment debts entered in the Supreme Court of NSW, or whichever is the higher in addition to all legal costs incurred by the Group in its endeavour to collect payments due to the Group.

4. Any request for extension of credit must be communicated to the Group immediately on receipt of an invoice. The Group can agree or disagree to extend credit at any time.

5. Until the Purchaser has paid the Group in full for all amounts owing to the Group, the Group remains the legal and beneficial owner of all goods supplied by the Group and the Purchaser must store the goods in such a way that the goods are clearly identifiable as the Group's property and includes any "after -acquired property "`i.e. additional inventory supplied after registration of our security interest for the purposes of the Personal Property Securities Act 2009.

6. Risk in the goods ("Risk in the Goods) including but not limited to any loss, damage or deterioration o€ the goods passes to the Purchaser immediately on receipt of the goods by the Purchaser. If the goods are delivered by the Group, risk in the Goods passes immediately on the removal of the goods from the Group's vehicle.

7. if the Purchaser fails to pay any amount due to the Group, commits an act of bankruptcy, or if a receiver is appointed to the Purchaser or the Purchaser goes into liquidation or of cia.l management or some other form of insolvency administration or is protected from creditors under any statute, the Group can retake possession of the goods and can sell those goods.

8. If the goods are used in the manufacture of other goods the property in those other goods is transferred to the Group or if those goods are sold to a third party in the ordinary course of business the Purchaser must assign its rights in respect of the sale price to the Group at the Group's request.

9. The Group is entitled to enter the Purchaser's premises to inspect the goods or if it is so entitled to retake possession of the goods at any time during normal business hours.

10. Force Majeure. If the performance of the order of any obligation there under is prevented by force majeure, the Group shall be excused performance, provided that the Group shall use its best endeavours to remove such cause(s) of non performance, and shall continue performance there under without delay when such cause(s) are removed. For the purposes of these conditions, the term 'force majeure' includes Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, machinery breakdown, difficulty in procuring suitable materials, goods or substances required in the manufacture of the goods strike, lockout or interruption or failure of electricity or telephone service and any other circumstances, whether similar or dissimilar, beyond the reasonable control of the Group.

11. The Group is not liable for any economic or consequential loss arising out of the supply or failure to supply goods at any time under this agreement whatsoever.

12. The Purchaser is responsible for complying with any applicable codes or standards. Purchaser is responsible for their own enquiries as to suitability of product to do the job. The Group will not be held responsible for glass suitability for the application.

13. The Purchaser warrants that any design or instruction furnished to the Group shall not be such as will cause the group to infringe any patent, registered design or trade mark in the execution of the Purchaser's order and where the Group has followed a design or instruction furnished or given by the Purchaser, the Purchaser shall indemnify the Group against all damages, penalties, costs and expenses, to which the Group may become liable through any work required to be done in accordance with those instructions involving an infringement or unauthorised use of patent, trade mark, registered design, copyright or common law rights. It is specifically agreed that the dale and purchase of the goods does not confer on the Purchaser any licence or rights under any patents, trade marks or copyright which is the property of the Group.

14. To the extent permitted by law, no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for any particular purpose or for use under specific conditions, notwithstanding that such purposes or conditions may be known or made known to the Group. Whilst the Group manufactures in accordance with specific manufacturing standards, which are available on request, it is the Purchaser's responsibility to ensure that the goods comply with the requirements of the applicable Australian Glazing Standards and codes in terms of particular glazing applications. If the Group does not exercise the right, remedy or power it has at any time this does not mean that Flat Glass Industries Limited as the parent company, cannot exercise those rights later.

15. The Purchaser is responsible for and indemnifies the Group in relation to claims of any nature arising from:

15.1 The presence of the Group vehicles at any premises or job site at the request of the Purchaser; 15.2 the off loading of the goods by the Group on behalf of the Purchaser;

15.3 The Purchaser's breach of any term, condition or warranty contained in the terms and conditions including but not limited to paragraphs 12, 13 and 14.

16 Whether or not Division 2,. Part 5 of the Trade Practices Act 1974 or any other law of similar effect applies, the Groups liability for anything in relation to the goods, their use or installation, including damage or economic loss to anyone is limited as much as can be. Whatever happens, the Group liability is no more than to either.

(i)            Repair or replace the goods with the same or equivalent goods, or

(ii)           To pay the cost of repairing or replacing the goods only.

17. All quotations given by the Group are based on sizes and quantities stated by the Purchaser and any deviation may result in a price adjustment. Unless expressly stated a quotation does not include shape cutting, straight or radius edges, cut-outs, holes, any edge work or processing (including arris, polish, pencil edge, round and polish, mitre, bevel and edgemaster edge work, cutting outside of four sided straight edge cut or templates).

(1)           All quotes are valid for 60 days unless stated otherwise.

18. A Purchase Order does not become binding on the Group and no binding agreement will exist unless or until the Group accepts a Purchase Order.

(I) No order may be suspended, cancelled or amended without the Group's agreement in writing and the Buyer must indemnify the Group for all costs incurred by the Group, including but not restricted to purchases, stocks, work in progress, labour costs or unrecovered overheads consequent upon the suspension, cancellation or amendment of any order agreed to by the Group.

(ii) Orders are accepted subject to the Groups minimum order conditions and manufacturing limitations specified for various items.

(iii) Unless agreed, there will be a minimum charge for any one order, as published by the Group from time to time.

(iv) If the Purchaser commits any default whether under this or any other contact of sale between the Group and the Purchaser, the Group will be entitled to withhold further deliveries or cancel the contract of sale without prejudice to any rights to recover any debtor damages arising prior to the date of default.

19. All Purchase Orders accepted by the Group are subject to these Terms and Conditions. If there is a conflict between these Terms and Conditions and any purported Terms or Conditions appearing on a Purchase Order, these Terms and Conditions will prevail.

20. All goods are manufactured subject to manufacturing tolerances. The Group does not warrant that all goods produced will comply exactly with the specification in every respect and the Purchaser agrees to accept -the goods provided that the variations from the Group's specification do not exceed the guidelines as stated in Australian Standard 1288 and 2208.

21. The Group may dispatch the goods by the form of transport which it considers to be the most suitable and may pack the goods in any manner which it considers to be the most suitable. A delivery charge is applicable to all orders under a minimum value nominated by the Group ("the nominated value) as published by the Group from time to time in its Price Lists unless otherwise agreed in writing.

22. The Goods are sold Free Into Store (F.l.S.) to the Purchaser's premises provided the value of the order is equal to or greater than the nominated value and that the mode of necessary packing and transportation is at the group's discretion. Where the value of an order is less than the nominated value or if the Purchaser requests that the goods be packed or transported in accordance with its specifications, packing and freight are chargeable extras. Free into store means delivery into the Purchaser's premises only. This clause does not apply to container orders or interstate deliveries.

23. Container orders - Unless the Group expressly agrees otherwise goods will be Free into store to the Purchaser's premises only. If the goods are to be packed in accordance with the Purchaser's specifications or if the mode of transport is to be at the Purchaser's specification, the packing or freight will be charged as extras. Free into store means delivery into the Groups premises or direct from the wharf to the Purchasers premises.

24. Interstate deliveries - Unless the Group expressly agrees otherwise goods are Free into store to the Purchaser's premises only where the mode of packing and transportation are at the the Groups discretion. If the goods are to be packed in accordance with the Purchaser’s specifications or the mode of transportation is to be in accordance with the Purchaser's specifications packing and freight will be charged extra. Free into store means delivery to the customer's premises only.

25. All price lists are subject to change without prior notification

26. Defective Goods: Without limiting the obligations of the Group at law:

(i) Goods alleged by the Purchaser to be defective, if notified to the Group within 30 days of receipt by the Purchaser (time being of the essence) and accepted by the Group as defective, will at the absolute discretion of the Group be replaced free of charge to the original delivery point) or credited to the account of the Purchaser. The Group reserves the right to inspect defective goods prior to determining as above. If the goods are in the custody of the Group for investigation or repair, they shall be at the risk of the Purchaser and no liability shall attach to the Group, its servants or agents for any damage occasioned to the goods howsoever arising.

'ii.) It is the responsibility of the Purchaser to inspect the goods as soon as practically possible after delivery.

Inspection procedures should have due regard to the nature of the goods and their intended application.

(iii) The Purchaser shall not assert any, claim for any reason after the goods are used, sold, cut, processed or otherwise altered or if the Purchaser is in default of any of the terms for payment stipulated herein.

(iv) In no case shall any claim exceed the invoice value of the goods in respect of which that claim is made. Only one claim may be made with respect to any particular goods and that claim must clearly identify the specific transaction number to which the allegedly defective goods relate.

27. If pallets, packing cases, A frames or other containers are returnable, allowance will only be made when they are returned to and received by the Group in good condition, carriage paid to the works of origin. The Purchaser shall be responsible for the care and safety of return equipment whilst on its premises. The cost of replacement or repair of any returnable equipment lost or damaged whilst in the possession of the Purchaser shall be for the Purchaser's account.

28. If the Group does not exercise the right, remedy or power it has at any time this does not mean that Flat Glass Industries Limited as the parent company cannot exercise those rights later.

29. The Group may give a copy of these Terms and Conditions and, copies of, any notices sent to the Purchaser or other documents in relation to the purchases including demands and invoices, to any guarantor.

30. A reference to the Group in these Terms and Conditions includes a reference to its employees, agents or sub-contractors.

31. A reference to the Purchaser in these Terms and Conditions means the Purchaser, its employees, agents or sub- contractors. The Purchaser will be liable for the actions of any person who appears to have the authority of the Purchaser.

32. The Purchaser must pay all goods and services tax payable on the goods supplied.

33. If any term or part of a term of this agreement is illegal, void or unenforceable for any reason it does not invalidate the remaining terms or their operation.

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