Terms and Conditions

“Architectural Engineering Services Pty Ltd” known as “AES” provides this Scope of Works document based on information, drawings and/or specifications understood to date and provided by the business/company referenced in this document, hereby referred to as the “Client”. The following terms are binding.

1. Inclusions: This Scope of Work includes (1) the specifications referenced in this document, (2) AES’s specifications outlined in the shop drawings (note that these do not include changes), and (3) one set of revisions provided in one single Any changes, edits or deviation from these specifications noted in the Scope of Works involving rescope, redraw, additional cost of materials or labour outside the first instance will incur additional charges over the amount referenced in this Scope of Works. Rework will be billed to the client at $85/hour ex GST.
2. Manufacturing: To commence manufacturing, clients must ensure payment of Milestone 1. Please see Payment Schedule to determine your project’s milestones. Please note, where changes to the Scope of Works are made, additional costs for works and materials must also be paid for prior to the project start. AES cannot order materials where payment has not been made.
3. Supply and Installation: Requirements around supply, fabrication, delivery, installation and the glazing of windows and doors are only those listed in the Scope of Changes, deviations, and new requests will be executed upon written orders and will incur extra charges over the amount referenced in this Scope of Works. AES will provide the additional investment pending project needs.
4. Expiry: AES’s Scope of Works are valid for 30 days from AES windows and doors are bespoke and custom made in Australia using a combination of imported and local materials. Given this unique process and current uncertainties in global pricing, supplies and deliveries, AES reserves the right to withdraw a scoped offer (‘Scope of Works’) at any time prior to receipt of signed acceptance whereby AES deems it a risk.
5. General Exclusions: Exclusions include craneage (note that horizontal movement is allowed for glass panels up to 200kg with sizes not exceeding 3000mm x 2000mm on flat surfaces only); internal or external scaffolding; any deviation in size, quantities and specifications provided at the time of quoting; any changes to any works made after raw materials are ordered; any changes to the client’s construction program as revised after the date of quotation; any thermal assessment for high performance glass g. Low E (note that thermal assessment is the responsibility of the client); any associated costs due to thermal breakages or high performance glass after installation; protection to frames, glass and tracks once installed; any costs associated with head or sill deflection over the specified amount for that product; any datum lines (note that these need to be set by builder before AES arrives on site so FFL’s and FCL’s can be determined); membrane and waterproofing angles (if required) for full height products installed directly onto slab; cleaning or application of any protective coatings or covers once installed; permits, council fees, authority fees, engineering fees; handles, drains, hydraulic design of drainage systems, number of drains and size of drains, grates, flyscreens; reveals/portals; performance glass; flashing and folding of flashings; capping/trims; glazing decals; final cleaning of windows once installed; fire rating certification; structural engineering certification, hydraulics, home warranty insurance or other insurances (outside Public Liability or Workers Compensation Insurance); anything not mentioned in this scope of works.
6. Cancellation: In the event a client decides to cancel an accepted project, a cancellation fee of 30% of the scoped price will be charged where materials have been ordered. Where no materials have been ordered, AES reserves the right to charge said client for works to date that include but are not exclusive to shop drawings, and any preparation time spent to date. Where materials ordered are above 30% of the scoped price, AES reserves the right to charge said client to the value of the materials ordered.
7. Outstanding fees: In the event where payment has not been received, AES reserves the right to use a debt collection agency or any other legal means to recover the outstanding fees. AES also reserves the right to retract an accepted Scope of Works where the client has not made the initial payment within 7 days of the issue date. In such instances, AES will charge said client for works to date that include but are not exclusive to shop drawings, materials ordered, and any preparation time spent to All goods remain the property of AES until full and final payments of the goods or services agreed to by the client are made. In the instance a final payment has not been received, the client authorises AES to enter the nominated site or property and remove the goods in accordance with our payment terms.
8. Client responsibilities: The following client responsibilities are a crucial part of the project’s Negating these responsibilities may result in delays, a stop-work and/or project cancellation. Clients are to ensure:
   1. Final shop drawings produced are approved by any governing parties, including but not exclusive to owner, builder, architect, council or other; and that a copy of the signed shop drawings or approved on email confirming to go ahead and/or the necessary signatures and stamped approvals by the authorised signatories are provided to AES must receive and sight all documentation to initiate the project and commence ordering, manufacturing, and installation protocols. Note, all drawings and designs remain the property of AES and shall not be available in any form to any third party nor re-used by the client unless agreed to in writing by AES. The property and legal title to the goods supplied to the client remain with AES until full and final payment has been received.
   2. Opening sizes contain adequate tolerance as per shop Openings must follow AES’s minimum standards for fitting frame accuracy; this means a maximum of 15mm tolerance, anything larger than 20mm is considered a structural fixing, therefore the builder must provide that structural. If we are to provide structural tolerance greater than 20mm this is an extra cost to be agreed and approved prior to commencing the installation.
   3. Window bases are prepared with rigid and stable materials. AES windows/doors are based on standard deflection. Where deflection is greater than 5mm, a re-engineering of the system will be required. Costs pertaining to this work will be charged back to the client. The client and/or the governing builder’s or the project structural engineer must notify AES of any existing or anticipated deflection in the head and/or sill. Where deflection is expected to occur, the afore mentioned must provide information regarding the extent of the deflection for each opening and a timeline g., deflection at the time of installation and for the life of the building. Information around this and these dimensions are critical to the project; AES must be notified prior to the installation to determine final clearances and tolerances from our sub sills.
   4. Glass and interlocks with excessive deflection are highlighted to AES. Excessive deflection will require a non-standard install and may incur extra Any additional materials and labour be charged back to the client as a variation to the original Scope of Works.
   5. Metre marks and grid lines are clearly Where this is not the case, AES will stop all works until rectified.
   6. Water-proofing membranes are installed and completed prior to AES’s arrival to the Further, the site must be cleaned and ready for installation. This includes all works related to levelling of floor/sills, as well as walls ceilings. We will not be held responsible for any leakage from the underside of our sub-sills.
   7. Frames, glass and handles are free from and protected against cement render, sand, dust, chemicals, and dents immediately after completion and for the duration of building works on the construction AES will not be held responsible for any damage once each window/door has been installed.
   8. Work site readiness. Where AES deems that the site is not ready for installation, AES will not proceed and will re-book the installation date. AES will not be held responsible or at fault for any delays caused. Where a client requires AES to enter a work site, then access beyond the kerbside must be safe and AES will not be held liable where the client is responsible for collection and carriage of goods and damage is deemed to have occurred after the goods have been collected and signed for.

1. Notification of damages. AES must be advised within 7 days of delivery / installation date where any scratches or defects of the goods delivered / installed have been AES will not be held responsible for identification such beyond 7 days.
2. Compliance of all instructions provided in relation to fitting, installation and use of the supplied goods. Where the client does not comply, the client agrees to indemnify AES against all claims, expenses, and liabilities.

2. Warranty: AES’s limited warranty provides coverage of any defects in the proprietary manufacturing or workmanship of the AES bespoke product outlined in this document, outside that of standard wear. AES will also provide an installation warranty of the said product on the proviso that the installation was exclusively performed by AES. The warranty period for AES’s customised workmanship is 5 AES will repair and/or replace products on mutual agreement of damages where shown the product proves defective because of improper manufacturing. AES will also repair or replace any damage when AES deems that goods have been damaged whilst in transit.
   1. Quality Assurance Review. AES provides a no-cost post-completion Quality Assurance Review approximately 3 months after project has ended. After this review, clients are expected to be vigilant and regularly review their product and its integrity in line with potential environmental and extraneous influences. As a means of support, AES will provide a custom maintenance manual. Note that inspections after 3 months are not deemed part of the AES warranty. AES warranty does not cover workmanship where there is a lack of preventative maintenance and where workmanship has been compromised due to environmental influences.
   2. Extended AES’s Warranty can be extended for clients who initiate the AES Maintenance Program. Subscription to this program extends the warranty on a per year basis. Please see details in Addendum 2: AES Maintenance Program of this document.
   3. Third Party Suppliers. Where third party suppliers form part of an AES product, e.g., locks, motors etc., warranty of the given component is based on the parameters set by the third party and not Clients should report issues directly to the third-party supplier. AES do not honour third party supplier products.
   4. Warranty Issuance. The AES Warranty will be provided at request upon project completion and on the provision that all payments have been made, excluding engineering certification unless specified. AES will not issue or honour any type of certification or warranty where fees are outstanding.
   5. Warranty Claims. To obtain a warranty service, clients should contact AES to discuss the problem. Clients should not attempt to rectify any defect without AES knowledge. Doing so will render the warranty void. Formal claims must be made in writing during the applicable warranty period and AES must receive the claim in writing within 10 days of All claims should be sent to vincenzo@byvincenzo.com and all claims should include an order reference number, full name and address of the project, and include a detailed description of the issue with evidence of timestamped images and/or video. Upon receipt of such information, AES will liaise with clients on their warranty needs.
   6. Exclusions to warranty include failure of product or damage that is caused by an improper installation by a third party or any other person or parties e.g. instals that are out of square, upside down etc., the performing of any and all adjustments or corrections due to improper installation, malfunctioning or product failure due to the application of non-AES hardware e.g. trim sets, hinges, panic hardware, locksets, closers, etc., glass & failure due to additions of films or any changes to the glass from its original production including, but not limited to, alarm systems, painting or staining, tinting of glass, application of any film or laminate, covering, etc., glass imperfections consistent with industry standards which do not affect structural integrity, failure to properly install AES windows and door hardware, units not mulled properly or assembled improperly by others, normal discolouration or fading of finishes; normal wear and tear, variation in grain, texture or wood colour, failure of product due to improper finishing, issues occurring because of installation near pools, hot tubs, saunas, or other high-humidity environments. Damage is NOT covered where the damage or malfunction has been caused by the movement or settling of the structure, by excess moisture that occurs during construction and which can cause wood products to swell, by misuse or negligence of the product, by harsh environmental conditions and exposure to environments beyond published performance specifications, by water infiltration from an outside source that is not the resolute of any defect in material, by external workmanship; by condensation, by the actions of others on AES products e.g. use of razor blades, use of sealants, brick wash, sanding or improper washing; by failure to properly seal all sides and components of any exposed wood portions of a product, by metal surfaces that cause brick wash, chemical or airborne pollutants, such as salt or acid rain; by delivery by others; by damage caused by other parties, by acts of the environment, or accidents; by damage as a result of normal wear and tear; by damage caused by abnormal weather conditions. Other items excluded include costs related to the removal and disposal of a defective product including cost of labour; minor warping of wood – note AES windows and doors will defer action on any claim for warping for a period of up to twelve (12) months from the date of the claim in order to permit conditions and equalisation to humidity and temperature conditions; slight imperfections in laminations, slight glass curvature, minor scratches, or other imperfections in the glass that do not impair structural integrity or significantly obscure normal vision; tarnish or corrosion to hardware finishes; materials or labour; stain or paint; any replaced or repaired product, trim, component, or other carpentry work that may be required; stress cracks and broken glass; service trips that provide instruction on product use; special glazing – note these will carry a specific warranty and information can be provided at the time of order with separate warranty provided; products not manufactured by AES. AES will not be held liable for incidental, environmental, or consequential damages.
3. Integrated/External Contract Provisions: Where, AES is asked to sign an external agreement by the client, AES requires that the client’s agreement include all AES terms and conditions as an addendum to his own. AES requires that the terms and conditions outlined in this document remain effective and supersede any other conflicting criteria cited in any client’s related contract.
4. Bank Guarantees: Acceptance of this Scope of Works does not allow for the provision of bank guarantees as In the event the Client is in default of the agreed trading terms, then the Client, without reservation, grants right of entry waiver to any or all properties under the Client’s control, where the goods are reasonably expected to be stored. The Client indemnifies and save harmless the Supplier, its servants, or agents in relation to loss or damage as a result of the retaking of possession of the said goods. Further in the event the Supplier exercises its right of retaking possession of the said goods, the Client grants power of sale to the Supplier to resell the said goods and the Client acknowledges that any shortfall owing after the said goods are resold will be the responsibility of the Client. If terms & conditions of payment needs to be changed or re-negotiated, this will only be allowed on receipt of a bank guarantee or the Director’s personal guarantee. The Building and Construction Industry Security of Payment Act 1999, governs payments required under this agreement.
5. Keys and Glazing: Certificates can only be provided at the completion of the job and only after the account is paid in

Liquidated damages are expressly excluded from this