1. Price
a. All quotations are valid for a period of 30 days from the date of issue. If subsequent amendments and revisions are put forward, new revised quotations must be produced to supersede the original.
b. All quotations are subject to confirmation in writing by the Diamond Switchable Glass Ltd upon receipt of the order from the Purchaser. Any discrepancies between the quotation and the order will be notified to the client in writing, generally in e-mail format, and the revised price agreed prior to acceptance of the order and receipt of the deposit.
c. All quotations for installation are based on a daily rate that assumes completion of set out with uninterrupted access to site. The installation quotation is also subject to a site survey carried out by a representative of Diamond Switchable Glass Ltd or an approved Smartglass Partner Company.
2. Delivery
a. Time of delivery shall not be included in the essence of the contract, nor shall the Purchaser have the right to make it such. Whilst every endeavour will be made to adhere to the quoted / agreed delivery date and time for the programme, Diamond Switchable Glass Ltd shall under no circumstances be liable for any costs, including indirect or consequential loss due to delay in delivery, shortages of material, labour or any other cause whatsoever.
3. Post-Delivery Storage
a. Smartglass is an electrical product and needs to be stored in appropriate conditions. Immediately following delivery the glass must be stored in a dry, well ventilated place where the temperature does not fall below O degrees C or rise above 50 degrees C. Smartglass must be stored away from water and strong magnetic fields.
b. The maximum interval between delivery to customer and final installation of Smartglass is 30 days from date of delivery. Failure to install and commission the Smartglass panels within a 30 day period will result in warranty being void. Diamond Switchable Glass Ltd will not accept any responsibility for product malfunction where the interval between delivery and final commissioning exceeds 30 days.
4. Payments
a. All payments shall be made at the time specified within the quotation / contract document. The order value to be paid will be that specified in the face of the contract or calculated in accordance with the formula therein. The amount payable shall not be subject to any discount, Main Contractors Discount (MCD), or set off charges, except with express prior written agreement from Diamond Switchable Glass Ltd.
b. Payments that are not received within 30 days from date of invoice will be subject to the additional charges as set out in the European Communities: “Late Payment in Commercial Actions” Regulations 2002.
5. Delivery Terms
a. In the case where goods are exported, or sent by independent freight carrier, whether arranged by Diamond Switchable Glass Ltd, or others, the Purchaser agrees to comply in all respects, with the freight carrier’s terms & conditions of carriage for notification of claims, loss, or damage in transit. If damage has occurred, the Purchaser must notify both the freight carrier and Diamond Switchable Glass Ltd immediately and document proof of damage prior to unpacking completely.
b. The product will be delivered in a custom made wooden crate / box for each individual order. The crate / box remains property of the purchaser / recipient. It is the responsibility of the purchaser / recipient to dispose of all packaging materials including the wooden crate / box. If this is left on the vehicle disposal charges will apply.
6. Certificate of Conformity
Diamond Switchable Glass Ltd shall not supply certificates of conformity as standard, unless specifically requested by the Purchaser at the time of placing the order. Diamond Switchable Glass Ltd reserves the right to charge a fee for any certification supplied.
7. Glass Certification – CE Marking
All Toughened Glass is produced to BS EN 12150 standards. It has been impact tested by an Independent Test Laboratory in accordance to BS EN 12600 standards.
The Smartglass lamination takes place in a controlled environment and has been independently tested to conform to the EN-ISO 12543-4 standards.
8. Insurance
All goods that are purchased from Diamond Switchable Glass Ltd are insured under the Diamond Switchable Glass Ltd Transit Insurance Policy until they are signed for on arrival by the Purchaser.
9. Retention of Title
a. The goods shall be at the Purchasers risk from the time of delivery or collection.
b. In spite of delivery being made, ownership of property in the goods shall not pass from Diamond Switchable Glass Ltd to the Purchaser until the contract value has been paid to the full, inclusive of VAT, where applicable.
c. Until ownership of property in the goods passes to the Purchaser in accordance with clause b. (above) the purchaser shall hold the goods and each of them on a fiduciary basis as Bailee for Diamond Switchable Glass Ltd.
d. Until such time as property in the goods passes from Diamond Switchable Glass Ltd, the Purchaser shall, upon request, deliver up such of the goods as have not ceased to be in existence or resold, to Diamond Switchable Glass Ltd. If the Purchaser fails to do so, Diamond Switchable Glass Ltd may enter upon any premises owned, occupied or controlled by the Purchaser, where the goods are situated, and repossess the goods.
e. The Purchaser shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the companies act. Without prejudice to the other rights of Diamond Switchable Glass Ltd, if the Purchaser fails to do so, all sums whatever owing to the Purchaser, and Diamond Switchable Glass Ltd shall forthwith become due and payable.
10. Jurisdiction & Liability
a. The Purchaser accepts that any claim in respect of this or any contract, claim, action or dispute resolution with Diamond Switchable Glass Ltd, shall be governed by the jurisdiction of the courts of the Republic of Ireland.
b. In the event of a failure of the glass, the maximum that Diamond Switchable Glass Ltd may be liable for is the gross sale price less the VAT. They will in no way be held liable for any consequential loss as a result of the product malfunction.
11. Subsequent Orders
The Purchaser agrees that these conditions of sale shall bind any subsequent orders and business with Diamond Switchable Glass Ltd unless expressly excluded or varied in writing by Diamond Switchable Glass Ltd.
12. Free Issue Materials
Diamond Switchable Glass Ltd will not accept liability for damage / breakage of free issue glass or other materials supplied by the Purchaser. The Purchaser will issue all replacement materials free of charge when requested
13. Condition of Supplied Panels
a. It should be noted that Privacy Smartglass is NOT as optically clear as normal float glass and that there will always be an element of haze within the switchable glass panel. This will not be considered a fault or constitute reason for return or refund. It should also be noted that ambient lighting conditions will have an effect on visible haze and that direct lighting onto the switchable glass panel should be avoided as this will accentuate the haze level; as will viewing the switchable glass from an oblique angle. To minimise the appearance of haze a tinted glass (bronze, green, blue, grey) can be used instead of clear glass. It is important to be aware that SMARTGLASS SOLAR and BLACK-OUT products have a blue tint in the transparent state. This occurs due to the chemistry of the switching molecules. Potential purchasers of these products need to consider this before placing orders.
b. Diamond Switchable Glass Ltd promises that all products will be sold of merchantable quality, fit for purpose and as described. Caveat emptor, the purchaser is responsible for ensuring that the goods they are purchasing are the goods that they expect to receive.
c. Diamond Switchable Glass’s Privacv Smartglass™ panels will have a clear border from the edge of the glass to the switchable area of up to 5mm in width on the long edges, 10mm on the short edges and 15mm on the bus bar edge, this will always remain in the clear state with power on or off. This is the industry standard and will not merit cause for rejection.
d. Diamond Switchable Glass’s Solar Smartglass™ & Blackout Smartglass™ panels will have a painted frit border of 20mm around three edges with a 30mm border on the busbar edge.
e. During any inspection for clarity of the switchable glass panels, the distance between the eyes of the inspector and the film should be 1000mm. The angle of the glass surface and the eyes of the inspector should be 90° (+ / – 10°). At inspection, the ambient brightness of the environment should be 300-500 Lux and the visible spectrum range should be between 400nm- 700nm.
f. Permissible spot or scratch defects in the vision area: Visual imperfections will only be considered as unacceptable when visible from a distance equal to or greater than 2 metres from the surface of the glass. Any defect less than or equal to 1.0mm is permitted
g. Wave distortion or rippling effects: In certain lighting conditions and environmental surroundings a wave pattern may be observed in items reflected in the switchable glass. This can occur in either the on or off states. The visual clarity of items viewed through the glass is unaffected and it is not considered a fault.
14. Silicone
All acidic and many neutral-based silicones are extremely hazardous to switchable glass products and can cause de-lamination and irreversible damage. In any instance that silicone is to be used; only the Diamond Switchable Glass Ltd Approved Silicone that has been expressly specified for use by Diamond Switchable Glass Ltd in conjunction with its switchable glass product may be used. The use of any other silicone will invalidate the warranty and may cause harm to the switchable glass panels.
15. Installation / Fixings
a. Any installation carried out by Diamond Switchable Glass Ltd does not include the final electrical connections made to the mains 22O/24OV power supply. This must be supplied by a fully-qualified electrician that is appointed by the Purchaser.
b. Diamond Switchable Glass’s switchable panels can be fitted into UPVC, Steel, Aluminium or Timber frames. Where switchable panels are fitted into timber frames, the section of this frame must be formally approved by Diamond Switchable Glass Ltd prior to installation, or the warranty may be invalidated. All Joinery and framework that Diamond Switchable Glass’s switchable panels are installed into must meet the GGF Official Standards. Failure to meet these standards may result in the invalidation of the warranty.
c. Where door mechanisms / fixings such as door handles, pivots, strike boxes, locks etc. are to be fitted to the Smartglass panels, care should be taken when fitting, as any excessive pressure will cause irreversible damage around the fixing area such as de- lamination or clearing of the liquid crystal. In these circumstances, this will not be covered by the Diamond Switchable Glass Ltd warranty unless expressly approved prior to installation.
16. Operations and Maintenance
a. Smartglass lnternational’s switchable glass panels are designed to be switched on and off regularly. Diamond Switchable Glass Ltd recommends that panels be LEFT IN THE OFF POSITION FOR AT LEAST 6 HRS/DAY (i.e. no current going through the panel). Failure to do so may affect performance and invalidate the warranty. This point is application / usage dependent and the final product construction also needs to be taken into consideration. Should this be of a concern please contact your local representative to discuss in further detail.
b. Once installed correctly, maintenance of the Diamond Switchable Glass Ltd switchable is similar to any glazing solution. Regular cleaning is advised to keep the glass operating at its optimum clarity.
c. It is recommended that all consumable items (i.e. the power transformer, the remote control switch and receiver etc.) are checked annually and serviced if there is any fault to be found.
17. Warranty
a. In the event that the materials supplied by Diamond Switchable Glass Ltd develop a fault which is considered to be due to bad workmanship or material fault within the warranty period, Diamond Switchable Glass Ltd will repair or replace at their discretion, such items to the original supply specification. Diamond Switchable Glass Ltd will not be held responsible or accept any costs incurred by others which are associated with access, removal or replacement of the goods.
b. Due to the manufacturing techniques and materials used, each batch of PDLC is manufactured individually. If a Smartglass panel is replaced under warranty supply it may be possible that the new product may have a difference in appearance. This could be in both the ‘on’ and ‘off’ states of operation in comparison to the original panels supplied on the project. This is not considered a fault of Diamond Switchable Glass Ltd and as such not a reason for further rejection and replacements.
c. Spontaneous Glass breakage following receipt and acceptance of Smartglass Delivery is not covered by any warranty
d. Where glass is replaced under warranty only the period remaining from the original warranty applies to the replacement glass.
e. Please see Diamond Switchable Glass Warranty Document for further information.
18. Product Data
The Smartglass Handbook which is available upon request from our office, or available for viewing on our web-site, should always be reviewed by the customer for specific instructions on the products.
19. Design
Diamond Switchable Glass Ltd reserves the right to modify the design/ materials of its products at any given time with just cause without notification to the client beforehand. While all efforts will be made to keep customers fully up-to-date of any changes to the production, this will not give the client any right of complaint.
20. Tolerances
A bending/bowing tolerance of up to 3mm per meter in glass length is accepted as being within tolerance and will not be cause for rejection or be considered as defective.
21. Force Majeure
Diamond Switchable Glass Ltd shall not be liable or deemed to be in breach of any agreement by reason of any delay in performing any of its obligations of these terms and conditions if the said delay is due to Force Majeure or any causes beyond the reasonable control of Diamond Switchable Glass Ltd.
22. Termination/ Cancellation
Any order received and accepted by Diamond Switchable Glass Ltd cannot be cancelled by the Purchaser, unless agreed in writing by Diamond Switchable Glass Ltd on the condition that the Purchaser indemnifies Diamond Switchable Glass Ltd, in full against all costs, losses, expenses, damages or charges incurred as a result of the cancellation.
23. Intellectual Property
The Purchaser shall indemnify Diamond Switchable Glass Ltd against any loss, costs, damages, charges and expenses incurred as a direct result of the work infringing the rights of any third party.