1. Application of Terms

The Goods and Services supplied by NTK Industries are governed by these Terms and Conditions. Any proposed variation to these Terms must be submitted to us in writing, clearly identifying the requested changes. No variation will be binding unless agreed to by us in writing and signed by an authorised representative. We do not review, accept, or agree to any terms or conditions contained in documents issued by you unless we confirm our acceptance of those terms in writing. To the maximum extent permitted by law, any terms or conditions contained in, attached to, or referenced in any document provided by you will have no effect and will not be binding on us unless agreed to by us in writing.

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2 Quotation & Orders

2.1 Any quotation provided by us: 

   a) must be in writing; verbal quotes are not official;

   b) remains valid for 30 days from the date of issue unless withdrawn earlier by us;

   c)is exclusive of GST unless stated otherwise;

   d) does not include delivery, installation, or any additional charges unless stated;

   e) may require payment upfront, even if you have a credit account;

   f) assumes that all Services will be performed and all Goods supplied during our normal business hours, unless otherwise stated;

   g) may include additional terms and conditions which will apply in addition to these terms; and

   h) does not constitute an offer to supply Goods or Services;

 

2.2 The price payable for the Goods or Services will be:

   a) the price agreed in writing between the parties; or

   b) where no written price has been agreed, the price will be determined in accordance with our current price list or rates applicable at the time you place your Order.

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2.3 A contract for supply will be formed, and these Terms will be deemed accepted by you, when:
   (a) you place an Order with us;
   (b) we receive any deposit required by us in relation to that Order; and
   (c) we either:
      (i) confirm acceptance of the Order in writing; or
      (ii) commence supplying the Goods or performing the Services.

 

2.4 We reserve the right to vary the price or applicable rates if:

   a) you request a variation to the Goods or Services to be supplied under the contract for supply; or

   b) you request that the supply of the Goods or Services be delayed for thirty (30) days or more.

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2.5 You acknowledge and agree that:

1. Orders for non-stock or externally sourced goods may be subject to minimum order quantities imposed by our suppliers or manufacturing requirements.

2. Non-stock/specialty orders cannot be changed or cancelled after the order has been accepted; and

3. we will use reasonable endeavours to notify you as soon as practicable where such minimum quantities apply to your Order.

 

3 Delivery

3.1 If Services are requested, or Goods are required to be delivered, outside our normal business hours, additional charges may apply.

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3.2 Any delivery dates or timeframes provided by us are estimates only and do not constitute a contractual guarantee.

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3.3 We will use reasonable endeavours to deliver the Goods to the time and location agreed for delivery. You must make all necessary arrangements to accept delivery of the Goods. If the delivery site is considered unsafe or unsuitable, the driver may:

• refuse delivery, where additional delivery fees may apply for redelivery;

• deliver to a safe location agreed with the customer; or

• return the Goods to our workshop.

 

3.4 If you authorise delivery of the Goods to an unattended location, delivery will be made at your sole risk.

 

3.5 Goods may be collected or delivered on an NTK A-frame, where it is your responsibility to unload the Goods, and return or arrange freight of the A-frames return to NTK in a timely manner at your own cost. For late A-frame returns, fees may apply. 

 

3.6 NTK Industries may deliver the Goods in one or more instalments. Each instalment may be invoiced separately and must be paid in accordance with these Terms.

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3.7 Unless otherwise agreed in writing, you are responsible for all costs associated with delivery of the Goods, including freight, insurance, handling, and transportation charges.

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3.8 Risk in the Goods passes to you, and delivery is deemed to occur, at the earliest of the following times:
   (a) when you, or a third party on your behalf, collect the Goods from us;
   (b) when we or our nominated carrier deliver the Goods to the delivery location specified in your Order (or another location agreed in writing); or
   (c) when your nominated carrier takes possession of the Goods.

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4 Particular Purpose

4.1 If you require the Goods for a particular purpose, you must notify us of that purpose before placing your Order and obtain our written assurance that the Goods are suitable for that purpose. 

4.2 If you do not provide such notice, or if we do not expressly warrant in writing that the Goods are fit for your particular purpose, you acknowledge and agree that:
   (a) you have not relied on any skill, advice, or judgment of ours in relation to the suitability of the Goods for that purpose; and
   (b) we do not accept any liability for the Goods failing to meet that purpose.

 

5 Payment terms

5.1 Unless you have been approved for a credit facility with us and your account is not in default:
   (a) any deposit required by us must be paid before we commence supplying the Goods or performing the Services;
   (b) payment for all Goods must be made in full before the Goods are dispatched, and must be made in cash or cleared funds; and
   (c) payment for all Services must be made progressively as the Services are performed, based on our applicable hourly rates.

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5.2 Payment may be made by cash, cheque, electronic funds transfer, Visa, or Mastercard. We reserve the right to vary or withdraw any accepted payment method at any time. A surcharge applies to payments made on a card of $1,000.00 (GST inclusive) or more. All amounts payable to us must be paid in full without any set-off, counterclaim, deduction, or withholding unless required by law.

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5.3 If you have a credit account with us and you have an overdue account, NTK Industries reserves the right to charge an interest fee until the account has been cleared.

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6 Claims & Returns

6.1 You must, within 48 hours of delivery of the Goods:

   a) notify us in writing, providing full particulars of any claim that the Goods supplied do not comply with the contract for supply, including any claim for shortage, incorrect supply, defect, or damage; and

   b) upon request, provide photographic or other evidence satisfactory to us supporting the alleged claim.

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6.2 If you fail to notify us of a claim in accordance with the above clauses, then to the maximum extent permitted by law:

   a) the Goods will be deemed to have been delivered in good condition and in accordance with the contract for supply; and

   b) you will be deemed to have accepted the Goods.

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6.3 Goods will be accepted in return when;

   a) NTK Industries has approved in advance and authorised the return of the Goods

   b) the goods supplied do not comply with the order

 

6.4 To the extent permitted by law, we will not accept the return of Goods where:

   a) the Goods have been installed incorrectly (email NTK Industries for fixing details for windows and doors prior to installation), processed, altered, or used; or

   b) the Goods have been damaged after delivery.

 

6.5 NTK is not responsible for the incorrect handling of glass or glazing, or the incorrect installation of frames done by non-NTK Industries employees. Standard fixing details can be provided upon request to customers once the order has been confirmed. It is not the responsibility of NTK Industries to sign off on customers’ installation of windows and doors if they requested ‘supply only’.

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7 Acceptable Defects for Glass

Glass is a manufactured product produced through high-temperature processes. Minor visual characteristics may occur as a natural result of production and may not be considered defects.

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7.1 Inspection Conditions

Glass shall be inspected under the following conditions:

• Viewed from no less than 3 metres.

• Viewed at right angles to the glass surface.

• Inspected in natural daylight, not direct sunlight or artificial backlighting.

• Glass must be clean and dry during inspection.

Any marks, distortions, or irregularities not visible under these conditions shall not be considered defects.

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7.2 Surface Imperfections

The following surface characteristics may occur and are considered acceptable within industry tolerances:

• Minor seeds, bubbles, or inclusions within the glass.

• Small scratches or scuffs not visible from the specified inspection distance.

• Roller wave or optical distortion resulting from the toughening processes.

• Slight surface haze or marks resulting from handling or washing during manufacturing.

Surface imperfections that are not noticeable from the standard viewing distance are not considered defects.

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7.3 Edge Quality

Unless otherwise specified, edges may contain:

• Minor edge chips or shelling that do not affect structural integrity.

• Slight edge irregularities from cutting or processing.

These characteristics are considered normal where edges are concealed by frames or glazing systems.

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7.4 Toughened Glass Characteristics

Toughened glass may exhibit the following normal characteristics:

• Roller wave distortion

• Anisotropy or iridescence patterns visible under certain lighting conditions

• Slight bowing or warping within acceptable tolerances

These conditions are inherent in the toughening process and do not constitute defects.

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7.5 Laminated Glass

Laminated glass may contain:

• Minor interlayer haze

• Small interlayer bubbles or inclusions

• Slight edge discolouration at exposed edges over time

Provided these do not affect structural performance or visibility from the inspection distance, they are considered acceptable.

 

7.6 Colour and Appearance Variations

Glass products may display:

• Slight colour variation between panes

• Differences in reflection or tint depending on lighting conditions

• Variations due to iron content or coating processes

Such variations are normal manufacturing characteristics.

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7.7. Exclusions

The following are not covered under warranty or defect claims:

• Damage occurring after delivery or installation

• Scratches caused by cleaning, construction debris, or tools

• Damage from improper installation or handling by non-NTK employees

• Breakage due to thermal stress, building movement, or external impact

 

7.8 Spontaneous Glass Breakage

NTK Industries shall not be liable for breakage of glass caused by spontaneous failure, which is a rare but recognised occurrence in toughened (tempered) glass. Spontaneous glass breakage can occur due to factors beyond NTK Industries’ control, including but not limited to:

• Nickel sulphide (NiS) inclusions within the glass may expand over time.

• Thermal stress caused by uneven heating, shading, or environmental conditions.

• Structural movement of the building or framing system.

• External impact, vibration, or pressure changes.

 

Nickel sulphide inclusions are microscopic impurities that may be present within float glass during manufacturing. During the toughening process, these inclusions can remain unstable and may expand over time, potentially causing the glass to break without warning. Spontaneous breakage may occur days, months, or even years after installation and can happen without any apparent cause. Heat Soak Testing may be available to limit the possibility of spontaneous glass breakage, but this does not eliminate the possibility of it occurring.

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NTK Industries shall not be liable for:

• Spontaneous breakage of toughened glass

• Any consequential damages arising from such breakage

• Costs associated with removal, replacement, labour, access equipment, or project delays

Where replacement glass is required due to spontaneous breakage, such replacement shall be treated as a new supply and chargeable item unless otherwise agreed in writing.

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8 Retention of title

8.1 Until payment in full (in cash or cleared funds) has been received by us for any Goods supplied, legal and equitable title to the Goods remains with us and does not pass to you.

8.2 While title to the Goods remains with us, you consent to our entering any premises you occupy, or any premises occupied by your receiver, receiver and manager, administrator, liquidator, or trustee in bankruptcy, to:
   (a) inspect the Goods; and
   (b) repossess the Goods where you are in default of payment.

 

8.3 You agree that our exercise of the rights in clause 8.2 does not give rise to any claim for trespass or similar action against us, our officers, employees, or agents.

 

8.4 Upon repossession of Goods, we may sell or otherwise deal with them and may sell any Goods bearing your name or trademark. You grant us an irrevocable licence to do all things necessary to affect such sale or dealing.