STANDARD TERMS & CONDITIONS OF SALE
1. Commercial Terms
1.1 Pricing and Order Specificity
- Project-Specific Pricing: The quoted price applies solely to this project and cannot be used as a basis for future requirements.
- Minimum Chargeable Area: The minimum chargeable area of glass is 0.5 square meters.
- Optimization & Wastage: Invoices may be adjusted based on actual waste from partial orders if it exceeds agreed wastage as indicated in the proposal.
- Invoicing for Shaped Glass: Invoicing for shaped glass will be based on the nearest rectangle area coverage unless otherwise indicated.
- Invoicing for Templates: All templates will be charged as shaped units and a digitization fee of 250 AED per template will apply.
- Packing, forwarding, and freight charges: Not included unless specifically mentioned in the proposal.
- Detention Charges: If vehicles are not unloaded within 4 hours of arrival at the site, detention charges of 10% of the freight amount apply. Redelivery charges will incur if delivery is refused or the destination changes after dispatch.
- Taxes & Duties: Prices exclude VAT and duties unless specifically mentioned and are subject to change based on applicable taxes at the time of order placement.
- Order Modifications: No changes to the order will be entertained once confirmation is given. If the order is modified or canceled after being issued to production, all material expenses, processing costs, and cancellation penalties incurred up to that date will be invoiced.
- Cancellation Charges: If an order is canceled at any stage, the buyer agrees to pay a cancellation charge of 10% of the contract price or the actual costs incurred up to the time of cancellation, whichever is higher.
- Quantity Variations: The price is based on the specified quantity. If the actual quantity varies by more than ±5%, Future Architectural Glass LLC (hereafter referred to as Future Glass) reserves the right to adjust the pricing accordingly.
- Price Revisions: Future Glass reserves the right to revise prices due to fluctuations in material costs and currency exchange rates after the price validity date.
- Order documentation: Future Glass cannot accept any order without a formal purchase order (P.O.) with the full name of the authorized signatory containing all the details of the order. Future Glass Terms & Conditions apply unless agreed otherwise.
- Attic Stock & Spares: No provisions are made for attic stock or spares unless specifically requested by the buyer.
1.2 Non-Standard Product Considerations
- Unless expressly stated, the quoted rates apply only to standard monolithic, insulated, or laminated glass panels. Additional charges will apply for custom specifications, including but not limited to:
- Special shapes, edgework, holes, cutouts and other modifications.
- Larger byte sizes, special spacers, U-inserts, stepped units, edge deletions, silicon bed, routel fixing and bonding for insulated glass.
- Step lamination, special inserts, non-standard interlayers.
- Any curved glass order with more than one radius.
- Any design involving multiple screens for ceramic frit processes.
- These charges are based on industry-standard practices. Future Glass reserves the right to adjust pricing or include additional charges in Proforma Invoice to reflect these additional features or requirements.
1.3. Testing, Mock-ups, and Verifications
- Exclusion of Additional Testing: Unless expressly agreed, the quotation excludes any supplementary testing.
- Exclusion of Mock-ups: Unless expressly agreed, the quotation excludes the provision of specific mock-ups for visual inspection, acoustical testing, or any other testing.
- DGBR (Sa’afat) Compliance & DCD / DCL Certification: Future Glass commits to supplying, free of charge, any necessary samples and materials to the designated contractor to comply with DGBR Sa’afat compliance or DCD / DCL Certification. However, adherence to these compliances or obtaining these certifications is not within Future Glass’s scope.
1.4. Storage Charges
- Raw Materials: Future Glass procures raw materials based on the buyer’s provided delivery schedule. If finished goods are not ordered within 3 months of receiving the raw material, storage charges of 2% per month will be applied to the stored material’s value. The standard shelf life of raw materials is 6 months from the date of arrival. If the ordering period for finished goods exceeds this timeline, the raw material may get damaged, in which case the full value of the material will be invoiced.
- Finished Goods: Any storage of finished goods exceeding two weeks will incur a storage cost of 2% per month on the stored material’s value.
1.5. Claims and Liability
- Transit Breakage: Claims for breakage must be reported within one week of material receipt, including all relevant details (e.g., breakage photos, glass details) necessary for insurance purposes. For local deliveries, claims must be made at the time of receipt and noted on the Delivery Note, verified by the driver. Claims will not be accepted if breakage occurs during unloading or if the value of the damage is less than 5000 AED.
- Thermal Breakage: Future Glass is not liable for thermal breakage of annealed glass caused by thermal stress.
- Quality Claims: Any claims related to the quality of the materials must be reported within one week of material receipt unless a different timeline has been mutually agreed upon in writing at the time of contract signing. Replacements for quality issues will be provided ex-factory (unless agreed otherwise in writing), subject to verification and acceptance by our quality department.
- Client-Supplied Materials: Future Glass is not responsible for the quality of products made from materials supplied by the client. Any required reprocessing or replacement will be chargeable at contract rates.
- Self-Pickup Deliveries: Self-pickup deliveries are not insured, and claims for breakages or defects due to transport will not be accepted. For detailed information on claim procedures and supply liability limits please request for Future Glass Supply Chain Manual.
2. Technical Terms
2.1 Sustainability
- Local Sourcing: Products quoted are based on local sourcing of float and coated glass to uphold sustainability and reduce the embodied carbon footprint. International coatings may be selected as per project specifications.
- Buyer Awareness: Buyers are encouraged to participate in sustainability efforts by choosing products made from responsibly sourced and efficiently utilized glass materials.
2.2 Thickness / Thermal / Structural / Acoustical Integrity
- Products have been quoted for thicknesses, sizes, and specifications as per your indication/schedule, without any commitment to the structural, deflection, thermal, or acoustical integrity of the unit unless explicitly indicated otherwise.
2.3 Standards and Compliance
- Future Glass products comply with various international standards, including EN572 (Glass in Building), EN1096 (Coated Glass), EN12150 (Thermally Toughened Safety Glass), EN1863 (Heat Strengthened Glass), EN12543 (Laminated Glass), EN1279 (Insulated Glass), ASTM C1036 (Flat Glass), ASTM C1048 (Heat-Treated Glass), and ANSI Z97.1 (Safety Glazing in Building).
- Our processes are ISO 9001, ISO 14001, and ISO 45001 certified. Additional certifications from IGCC, Dow - Quality Bond, Kuraray, and all glass manufacturers are also maintained.
2.4 Colour and Workmanship Evaluation
- Hand-Samples: Small hand-samples (300x300mm) are provided for initial color reference only.
- Mock-ups: For comprehensive color and workmanship evaluation, mock-ups are recommended and are crucial for proper color and distortion assessment.
2.5 Special Processes
- For special processes such as shaped glasses, step-glazed glasses, and fabricated glasses with holes, notches, or cutouts:
- Approved AutoCAD drawings, plywood, hardwood, or wooden templates are required. Paper, cardboard, and plastic templates are not acceptable. The minimum acceptable thickness for plywood/hardwood/wooden templates is 6mm. Failure to provide these on time may result in delivery delays.
- Templates submitted for manufacturing may be digitized and disposed of unless specifically instructed otherwise.
2.6 Product Characteristics
- Tempered/Shaped Glass: Glasses less than 5 mm thick or with sharp corners (less than 45 degrees) have a high risk of breakage or chipping at the corners.
- Nickel Sulfide Inclusions: Tempered glass is susceptible to spontaneous breakage due to Nickel Sulfide inclusions, which are natural characteristics of tempered glass and are not considered defects. Heat soaking is recommended to mitigate this risk.
- Heat-treatment Features: Heat-treated glasses may have inherent features like quench-marks, iridescence, or roller imprints, which shall not be considered a reason for rejection.
- Edge Mismatch: Minor edge mismatches in laminated glass are not defects if within tolerances outlined in the EN12543 standard.
- ecoENAMEL (Ceramic frit) Glass: Ceramic frit glass with 100% or partial flood coat is not suitable for transmitted light applications due to visibility issues, and spandrel applications should avoid light gaps.
- Optical Interferences: Optical interferences like Newton Rings, Brewster fringes, pillowing, or Moiré may occur in IGUs with smaller gas cavities, identical substrate thicknesses, or silk-screen positioning. Early mock-up reviews are advisable.
- Laminated Glass: Future Glass recommends a 2.28mm interlayer thickness for pane thickness ≤8mm and 3.04mm for pane thickness>8mm when laminating two panes of curved glass. For detailed information on quality parameters and inspection methodology, please request for Future Glass Quality Manual.
3. Financial Terms
3.1 Advance Payment
Unless otherwise specified, a 100% advance payment is required before the order is taken into production.
3.2 Letter of Credit
If a Letter of Credit is selected as the method of payment, the following conditions shall apply:
- The Letter of Credit must be confirmed, irrevocable, and transferable without recourse. It must allow for partial shipments, transshipments, and be payable at a bank nominated by Future Glass.
- It must be established in favor of Future Glass within 30 days from the date of order acknowledgment and valid for a minimum of 30 days after the last scheduled delivery date.
- All associated costs, including opening, confirming, and extending the Letter of Credit, shall be borne by the Buyer.
3.3 Payments Delays
- Delay Charges: Payments delayed beyond the agreed credit period will incur interest at the rate of 2% per month on the outstanding amount applicable from the due date.
- Suspension of Obligations: Future Glass reserves the right to suspend its obligations, including withholding deliveries, until all outstanding payments and accrued interest are cleared.
- Acceleration Clause: If the Buyer fails to make payment within 60 days of the due date, the Future Glass may declare all amounts due under this Agreement immediately payable, regardless of previously agreed terms.
- Right to Terminate: If the Buyer fails to make payment within 90 days of the due date, Future Glass may terminate the contract and claim compensation for any losses incurred.
- Costs of Collection: The Buyer agrees to reimburse Future Glass for any and all costs incurred in collecting overdue payments, including but not limited to legal fees, court costs, and collection agency fees.
4. Legal Terms
4.1. Limited Liability Warranty
- Future Glass provides a limited liability warranty (if applicable) for its products, valid for the duration agreed upon at the time of contract execution. This warranty is expressly limited in scope and does not extend to additional coverage through bank guarantees or insurance policies unless explicitly agreed upon in writing by the parties.
- Liability is limited only for glass supply; Future Glass is not liable for any losses or damages incurred by the Buyer in connection herewith including for any indirect / direct or consequential loss.
- Future Glass expressly disclaims any liability arising from the improper use of its products, including but not limited to glass used in hazardous applications. The buyer bears full responsibility for ensuring that the products are used in compliance with applicable international safety standards.
4.2 Indemnification
- The Buyer agrees to indemnify, defend, and hold harmless Future Glass and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Buyer’s breach of these Terms and Conditions, misuse of the products, or violation of any law or the rights of a third party.
4.3. Force Majeure
The delivery timelines specified in the Commercial Terms are subject to delay in the event of Force Majeure, which includes but is not limited to:
- Acts of God (e.g., fires, explosions, earthquakes, floods).
- War, hostilities, invasion, or acts of foreign enemies.
- Rebellion, revolution, insurrection, military or civil war.
- Radioactive contamination or nuclear hazards.
- Riots, commotion, strikes, lockouts, or terrorist activities.
4.4. Termination Clauses
- Either party may terminate this Agreement with immediate effect by delivering written notice to the other party in the event of a material breach of any provision of this Agreement by the other party. A material breach includes, but is not limited to, failure to make timely payment, violation of intellectual property rights, and breach of confidentiality obligations.
- Upon termination, the non-breaching party shall be entitled to all remedies available under the law or in equity.
- In addition to the right of termination, Future Glass reserves the right to pursue any other remedies available under the law for any breach by the Buyer, including the recovery of damages and enforcement of any performance obligations.
4.5. Governing Law and Order of Precedence
- In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and any Purchase Order or other contractual documents, the terms set forth in this document shall take precedence and govern.
- The courts of [insert country name where the buyer’s company is located], shall have exclusive jurisdiction to hear and decide any suit, action, or proceedings, and to settle any disputes that may arise out of from the sale of items mentioned in this Proforma Invoice/Delivery Note/Invoice.