General Terms and Conditions of Trade – ID8 Creative Ltd (t/a Canning Glass)

    1. Introduction
      1. These Terms and Conditions of Trade (“Terms”) govern the provision of design services by ID8 Creative Ltd t/a Canning Glass (“Company”, “we”, “us”, “our”) to our clients (“Client”, “you”, “your”).
      2. By engaging our services, you agree to be bound by these Terms.
      3. If there is any inconsistency between these Terms and the terms in a project quotation or contract, the terms of the quotation or contract will prevail.
    2. Services
      1. We provide design services for architectural and decorative glass, including concept development, artwork preparation, technical drawings, and the coordination of subcontracted sandblasting or related fabrication (“Services”).
      2. We do not provide delivery or installation services. Delivery, transportation, site access, glazing, and installation are the Client’s responsibility, including engaging qualified installers and ensuring compliance with all relevant building and safety requirements.
      3. Project-specific details, including design scope, production requirements, timelines, and pricing, will be outlined in individual quotations or contracts.
    3. Fees and Payment
      1. Fees for our Services are specified in the project quotation or contract. All fees are exclusive of GST unless stated otherwise.
      2. A deposit may be required before work begins or before authorising fabrication. Remaining balances are due as specified in the quotation or contract.
      3. Invoices are payable within 30 days from the invoice date. Late payments may incur a penalty at a compounding rate of 5% per month.
      4. We will make the finished glass available for collection once all invoices have been paid.
    4. Client Responsibilities
      1. You agree to provide all required information, measurements, site details, approvals, and reference material needed for accurate design and production.
      2. You are responsible for ensuring that all site measurements you provide are correct and suitable for fabrication.
      3. You are responsible for engaging a qualified installer or glazier, handling the glass safely once collected, and ensuring compliance with all building and safety requirements.
      4. For residential projects, installation must be carried out by a qualified glazier. We are not responsible for damage or injury arising from incorrect handling or installation.
      5. Any content or material you supply must not infringe third-party rights.
    5. Changes and Revisions
      1. Changes to the design, scope, measurements, or production specifications after approval may incur additional charges, including subcontractor costs.
      2. The number of revisions included will be defined in the quotation or contract. Additional revisions will be charged at our standard rate.
    6. Intellectual Property
      1. All creative concepts, designs, drawings, artwork, and related material produced by us remain our property. This includes the underlying idea, style, motifs, composition, or any elements that may form part of a wider series or future work.
      2. When full payment has been received, you own the finished physical glass panels. The underlying design remains our intellectual property and may not be reproduced, modified, adapted, reused, or used to create new or derivative works without our written consent.
      3. If the design incorporates or influences your brand, you own your brand elements. We own the underlying artwork and design. If your brand development draws on or is influenced by our design, this does not grant rights to reproduce, adapt, create new work, or create similar glass, based on our design, without our written consent.
      4. We retain the right to reuse the concept, design, or any of its elements, apart from your brand elements, in future projects, exhibitions, series, or commercial work.
      5. We may use images of the completed work in our portfolio or promotional material unless otherwise agreed in writing.
    7. Confidentiality
      1. Both parties agree to keep confidential any proprietary information disclosed during the engagement.
      2. This obligation does not apply to information that is publicly available or required to be disclosed by law.
    8. Limitation of Liability
      1. To the extent permitted by law, our liability for any claim connected to the Services is limited to the amount you paid for those Services.
      2. We are not responsible for breakage, damage, or defects arising during transportation, handling, storage, glazing, or installation performed by the Client or third parties.
      3. We are not liable for indirect, incidental, or consequential losses arising from the design, fabrication, delivery, or installation of the glass.
      4. Variations in tone, texture, appearance, or depth inherent in handcrafted sandblasted glass are not considered defects.
    9. Termination
      1. Either party may terminate the engagement by written notice. You will be liable for all work completed up to the termination date, including any subcontractor or production costs already incurred.
      2. We may terminate the engagement immediately if you breach these Terms.
    10. Governing Law
      1. These Terms are governed by New Zealand law.
      2. Any disputes will be resolved in the New Zealand courts.
    11. Amendments
      1. We may amend these Terms from time to time. Updated Terms will be posted on our website and will apply to future engagements.

Contact Information
ID8 Creative Ltd, trading as Canning Glass
100 Moa Road, Point Chevalier
Auckland 1022, New Zealand