Glass Genius Limited Terms and Conditions
Core Service Position
Glass restoration services provided by Glass Genius do not guarantee defect-free, flawless, or “like-new” glass.
In many cases, the glass presented for restoration is already in a condition where replacement is the expected or recommended outcome. Restoration is therefore offered strictly as an alternative to replacement, and is performed on a best-efforts basis with the objective of improving the visual clarity and overall condition of the glass, rather than restoring it to a new or original state.
By engaging Glass Genius, the client expressly acknowledges and agrees that:
The glass is already damaged, degraded, or otherwise below its original condition
Restoration involves controlled material removal and may alter the surface profile, optical characteristics, appearance, or uniformity of the glass
Complete removal of all defects, including but not limited to scratches, staining, etching, or distortion, is not guaranteed and may not be achievable
Results are inherently variable and may be affected by factors outside the control of Glass Genius, including but not limited to the type and severity of damage, glass composition, manufacturing tolerances, fabrication or processing defects, prior treatments or repairs, latent or undisclosed defects, environmental exposure, and site conditions
Certain defects, distortions, or visual variations may only become visible or more apparent as a result of the restoration process
Glass Genius will apply reasonable care, skill, and professional judgement in carrying out the services, consistent with generally accepted industry practice. However, to the fullest extent permitted by law, Glass Genius makes no representation, warranty, or guarantee that:
All defects will be removed
The glass will be free from visible, optical, or cosmetic imperfections under any lighting condition, angle, distance, or method of inspection
The glass will be restored to a flawless, undistorted, or original condition
The restoration outcome will meet any subjective, aesthetic, or personal expectation beyond what is reasonably achievable within the limitations of the material and process
To the fullest extent permitted by law, Glass Genius shall not be liable for:
Pre-existing damage, defects, or conditions (including manufacturing, fabrication, processing, or installation-related defects), whether visible or latent
Any change in appearance resulting from the exposure, highlighting, or interaction of existing defects during or after restoration
Inherent characteristics of the glass, including but not limited to distortion, roller wave, anisotropy, fabrication or processing defects, edge damage, installation stresses, frame pressure, and optical variation
Outcomes that are consistent with the known limitations of glass restoration processes
Breakage Risk and Structural Limitations
The client acknowledges that glass, particularly toughened or installed glass, may contain inherent or latent defects, including but not limited to internal stresses, inclusions, edge damage, microfractures, fabrication defects, or installation-related stresses, which may not be visible or detectable prior to restoration.
The client further acknowledges that the restoration process may expose or interact with such conditions and, in rare cases, may result in cracking, fracture, or full breakage of the glass.
To the fullest extent permitted by law, Glass Genius shall not be liable for any cracking, fracture, or breakage of glass where such outcomes are attributable, in whole or in part, to pre-existing conditions, manufacturing or processing defects, installation stresses, or inherent characteristics of the glass.
For the avoidance of doubt, the presence of residual defects, optical variation, distortion, or visual inconsistency following restoration, where such outcomes are consistent with the condition of the glass and the inherent limitations of the restoration process, does not constitute a defect in the service, a breach of contract, or a failure to exercise reasonable care and skill.
The client acknowledges and agrees that restoration is a process of improvement, not perfection, and that Glass Genius is engaged to improve the condition of the glass to the extent reasonably practicable, not to eliminate all defects or restore the glass to a new or original condition.
2. Scope of Services
Services provided by Glass Genius include, but are not limited to, glass restoration, stain removal, scratch repair, surface preparation, and protective coating application.
All services are carried out in reliance on:
Information provided by the client prior to attendance
Visual inspection and assessment at the time of service
Site conditions, access, and environmental factors at the time of service
The client warrants that all information provided is accurate and complete to the best of their knowledge, and acknowledges that Glass Genius relies on this information in determining scope, methodology, and pricing.
The client acknowledges and agrees that:
Any initial assessment, estimate, or quotation is based on limited or preliminary information and may be revised upon physical inspection
The true condition of the glass, including the nature and extent of damage, may not be fully identifiable until work has commenced
The scope of work may be revised where additional damage, complexity, or risk factors are identified
Any variation to the agreed scope of work will result in additional charges
Where a material change to the scope, cost, or risk is identified, Glass Genius will, where reasonably practicable, seek client approval before proceeding. However, the client acknowledges and agrees that where prior approval is not reasonably practicable, Glass Genius is authorized to proceed, modify, limit, or cease work as necessary, and any resulting costs shall be payable.
The client is responsible for ensuring safe, unobstructed, and adequate access to the work area. Any delays, additional labour, or costs arising from restricted access, site conditions, or third-party interference may be charged to the client.
The client further acknowledges that Glass Genius has no control over, and is not responsible for, the actions of other trades or third parties before, during, or after the provision of services.
Glass Genius reserves the right to:
Refuse, limit, or decline services where the condition of the glass, site, or access presents an unreasonable risk to the glass, surrounding property, or personnel
Modify methods, materials, sequencing, or processes as required based on site-specific conditions, glass behavior, or professional judgement
Suspend or cease work at any time where conditions differ materially from those represented, or where continuing would be unsafe, impractical, or likely to result in an unsatisfactory outcome
Where work is suspended, modified, or ceased under these conditions, the client remains liable for all work performed up to that point, including time, labour, materials, travel, and any associated costs incurred.
3. Pricing & Payment Terms
All prices are in New Zealand Dollars (NZD) and are exclusive of GST unless expressly stated otherwise.
Quotes and estimates are based on information provided at the time and are subject to change in accordance with the Scope of Services section. Any variation to the agreed scope of work, including additional time, labour, materials, or complexity, will result in additional charges.
Unless otherwise agreed in writing, payment is due in full immediately upon completion of the services. Where an invoice is issued, payment must be made no later than 7 days from the invoice date, regardless of whether the client has inspected, approved, or commenced use of the glass.
Payment obligations are not subject to third-party approval, insurance processes, funding arrangements, or project completion milestones unless expressly agreed in writing.
Glass Genius reserves the right to:
Require full or partial payment in advance at its sole discretion
Withhold commencement, continuation, or completion of services until satisfactory payment arrangements are confirmed
Issue progress payments or interim invoices where work is staged, extended, or materially altered
The client acknowledges and agrees that:
All time spent on assessment, setup, mobilization, work performed, and any partial, suspended, or aborted work is chargeable
Travel, call-out, and access-related charges are additional to service fees unless expressly included
Any costs arising from delays, restricted or unsafe access, inaccurate information, site conditions, or third-party interference will be charged
Late Payment and Recovery Costs
Any amount not paid by the due date may, at the discretion of Glass Genius, incur interest at a rate of 2% per month, calculated daily from the due date until payment is received in full.
The client shall be liable for all reasonable costs incurred by Glass Genius in recovering any overdue amounts, including but not limited to administrative costs, collection agency fees, legal expenses, and any costs on a solicitor–client basis where applicable.
Acceptance of partial payment does not constitute full settlement of any outstanding amount.
Glass Genius reserves the right to suspend further services, withhold documentation, warranties, or future bookings, and/or refer the debt to a third-party collection agency in the event of non-payment.
Cancellations and Rescheduling
Glass Genius requires reasonable notice for any cancellation or rescheduling of booked work.
Without limiting its rights, Glass Genius reserves the right to charge a cancellation or rescheduling fee where:
Insufficient notice is provided
Access to the site is not available at the agreed time
The job cannot proceed due to client-related factors, including but not limited to incomplete site readiness, obstruction, or conflicting trades
Any time, travel, labour, or costs incurred as a result of cancellation, delay, rescheduling, or non-productive attendance are chargeable and payable by the client.
4. Warranty, Aftercare & Client Responsibilities
Warranty Coverage
Any warranty provided by Glass Genius applies strictly and exclusively to NanoGlass Protection™ coatings and does not apply to glass restoration services.
Glass restoration is a corrective process performed on existing damaged or degraded glass. No warranty or guarantee is provided in relation to the future condition, performance, or ongoing appearance of restored glass, as these outcomes are dependent on factors outside the control of Glass Genius, including maintenance, usage, and environmental exposure.
Performance of NanoGlass Protection™
NanoGlass Protection™ is designed to:
Reduce the adhesion of mineral deposits, contaminants, and residues
Improve ease of cleaning and ongoing maintenance
Reduce the likelihood of permanent staining and long-term surface degradation
The client acknowledges and agrees that:
NanoGlass Protection™ does not prevent all visible water spotting, residue, or contamination
The appearance of circular spotting, patterned deposits, or visible residue is a normal and expected characteristic of hydrophobic surfaces and does not indicate coating failure
Visible contamination may, in some cases, appear more defined or pronounced due to the surface behaviour of NanoGlass Protection™
The presence of surface deposits, residue, or staining does not constitute a defect where such contamination remains removable using appropriate cleaning methods
For the avoidance of doubt, visual appearance alone is not a reliable indicator of coating performance, and the presence of visible deposits does not, of itself, constitute a failure of NanoGlass Protection™.
NanoGlass Protection™ shall not be deemed to have failed unless there is a demonstrable loss of functional performance consistent with its intended purpose, as determined by Glass Genius acting reasonably.
Warranty Conditions (Strict Compliance Required)
The validity of any NanoGlass Protection™ warranty is strictly conditional on full and ongoing compliance with all aftercare instructions provided by Glass Genius.
The client agrees to:
Follow the prescribed cleaning and maintenance system as provided via written instructions, QR code, or video guidance
Clean the glass regularly and consistently to prevent the buildup of mineral deposits, soap residue, or contaminants
Remove water, residue, and contaminants from the glass in a timely manner and not allow repeated drying cycles to occur without maintenance
Use only non-abrasive tools, materials, and methods suitable for coated glass surfaces
The client must not:
Use abrasive pads, steel wool, scraper blades, or any aggressive or mechanical cleaning methods
Use harsh, acidic, alkaline, or otherwise unsuitable chemical cleaning products
Allow significant buildup of contaminants to accumulate over time
Failure to comply with any of the above conditions will result in the immediate and automatic voiding of the warranty, without requirement for further notice.
Limitations and Exclusions
To the fullest extent permitted by law, the warranty does not apply to:
Damage, contamination, or deterioration resulting from incorrect maintenance, neglect, misuse, or failure to follow aftercare instructions
Environmental conditions outside the control of Glass Genius, including but not limited to coastal exposure, hard water, airborne contaminants, or site-specific factors
Pre-existing damage, defects, staining, or surface degradation present prior to NanoGlass Protection™ application
Any change in appearance caused by the interaction of contaminants with the coated surface
Any damage or deterioration caused by third parties, including but not limited to cleaners, tradespeople, occupants, or subsequent service providers
Glass Genius has no control over, and accepts no responsibility for, the ongoing care, maintenance, or environmental exposure of the glass following completion of the service.
The absence of expected visual or aesthetic outcomes does not, of itself, constitute a failure of NanoGlass Protection™.
Warranty Claims
In the event of a warranty claim, the client must:
Notify Glass Genius within a reasonable timeframe of becoming aware of the issue
Provide reasonable and timely access for inspection
Provide sufficient evidence, if requested, demonstrating that all aftercare requirements have been consistently followed
The client acknowledges that the burden of demonstrating compliance with aftercare requirements rests with the client.
Glass Genius reserves the right to determine, acting reasonably, whether NanoGlass Protection™ has failed under normal use and compliant maintenance, and whether the claim meets the conditions of this warranty.
Where a valid warranty claim is accepted, Glass Genius will, at its sole discretion:
Reapply NanoGlass Protection™ to the affected area
The warranty is strictly limited to the reapplication of NanoGlass Protection™ only and does not extend to:
-Glass replacement
-Compensation for staining, appearance, or damage
-Any indirect, incidental, or consequential loss
Client Responsibility and Acknowledgement
The client acknowledges and agrees that:
The long-term condition and appearance of glass is primarily dependent on maintenance practices and environmental exposure
NanoGlass Protection™ is a performance-enhancing system and not a substitute for proper care
Failure to follow the prescribed maintenance system will result in reduced performance and may lead to staining or contamination
The warranty is conditional, limited, and subject to strict compliance with all terms outlined above
5. Limitation of Liability
To the fullest extent permitted by law, Glass Genius shall not be liable for any loss, damage, cost, or expense except to the extent that such loss or damage is directly and solely caused by the proven failure of Glass Genius to exercise reasonable care and skill in the performance of the services.
For the avoidance of doubt, Glass Genius shall not be liable for any loss or damage that is not directly attributable to its proven actions.
Pre-Existing Condition of Glass
The client acknowledges and agrees that the glass subject to the services is already damaged, degraded, or otherwise below its original condition prior to any work being carried out.
Glass Genius is not responsible for:
The underlying condition of the glass
Any defects, damage, or deterioration existing prior to commencement
Any consequences, outcomes, or loss arising from the pre-existing condition of the glass
Restoration as an Alternative to Replacement
Glass restoration is provided strictly as an alternative to replacement.
The client acknowledges that:
Replacement is the standard method of achieving a flawless result
Restoration is a best-efforts process intended to improve the condition of the glass
In some cases, a near-new or visually clear result may be achieved; however, this is not guaranteed and will depend on the condition of the glass and other influencing factors.
Glass Genius shall not be liable for any claim on the basis that:
The glass requires replacement following restoration where such replacement reflects the original condition of the glass
The glass does not meet a standard equivalent to new or replacement glass where such an outcome was not reasonably achievable
The absence of a “like-new” outcome does not, of itself, indicate that the service has been performed without reasonable care and skill.
No Liability for Inherent Material Limitations
Glass Genius shall not be liable for any loss, damage, or dissatisfaction arising from:
The inherent limitations of glass as a material
Optical distortion, roller wave, fabrication marks, or manufacturing characteristics
Variations in appearance resulting from restoration processes
Any outcome consistent with generally accepted industry visual standards
No Liability for Appearance-Based Claims
Glass Genius shall not be liable for any claim based solely on:
Subjective dissatisfaction with appearance
Changes in visual characteristics following restoration
Outcomes observed under unusual lighting conditions, angles, distances, or methods of inspection
Where the outcome is consistent with the condition of the glass and the limitations of the restoration process, it shall not constitute damage, defect, or failure of the service.
Causation
Glass Genius shall only be liable for loss or damage that is directly and solely caused by its proven actions.
Glass Genius shall not be liable for any loss or damage that is:
Caused, contributed to, or exacerbated by pre-existing conditions
Caused, contributed to, or exacerbated by third parties
The result of environmental exposure, ongoing use, or maintenance practices
The result of factors outside the control of Glass Genius
The client acknowledges that where multiple factors contribute to an outcome, Glass Genius shall not be liable for any portion of loss that is not directly attributable to its proven actions.
Indirect and Consequential Loss
To the fullest extent permitted by law, Glass Genius shall not be liable for any indirect, incidental, special, or consequential loss, including but not limited to:
Loss of use
Loss of enjoyment
Project delays
Loss of opportunity
Additional costs incurred by the client or any third party
6. Safe Access to Site And Safety
The client is responsible for ensuring that Glass Genius is provided with safe, clear, and unobstructed access to the work area at all times.
This includes, without limitation:
Adequate and suitable physical access to all glass surfaces
Safe working conditions free from unnecessary hazards or risks
Compliance with all applicable site safety requirements and obligations
Glass Genius reserves the right, at its sole discretion, to refuse, delay, or cease work where safe and suitable access is not provided.
Hazard Identification and Disclosure
The client must disclose all known or reasonably foreseeable hazards present on site prior to commencement of work.
This includes, but is not limited to:
Fragile, unstable, or unsuitable surfaces
Working at height risks or fall hazards
Restricted or confined access areas
Chemical exposure, hazardous substances, or environmental risks
Glass Genius shall not be liable for any injury, damage, delay, or additional cost arising from hazards that were not disclosed or were inaccurately represented.
Health and Safety Compliance
Glass Genius will carry out all work in accordance with applicable health and safety legislation, regulations, and generally accepted industry practices.
The client agrees to:
Comply with all reasonable health and safety requirements communicated by Glass Genius
Facilitate any required site inductions or safety procedures
Ensure that other persons on site do not interfere with, compromise, or obstruct safe work practices
Right to Suspend or Cease Work
Glass Genius reserves the right to suspend or cease work immediately, without liability, where:
Site conditions are unsafe or present an unacceptable risk
Hazards are identified that pose a risk to personnel, property, or the glass
Site conditions differ materially from those represented prior to commencement
Where work is suspended or ceased for safety reasons, the client remains liable for:
All work completed up to that point
All time, travel, mobilisation, and associated costs incurred
Responsibility for Site Conditions
Glass Genius is not responsible for:
Unsafe, unsuitable, or non-compliant site conditions
Structural limitations or issues affecting access or safety
Any damage, delay, or inability to complete work resulting from unsafe or inadequate working environments
Glass Genius has no obligation to remedy or adapt to unsafe site conditions beyond what is reasonably practicable.
7. Third-Party Damage and Interference
Responsibility for Third-Party Actions
Glass Genius is not responsible for any damage, deterioration, or change in condition of the glass caused, in whole or in part, directly or indirectly, by third parties at any time before, during, or after the completion of services.
This includes, without limitation:
Builders, contractors, and subcontractors
Painters, plasterers, tilers, and other trades
Cleaners or maintenance personnel
Occupants, tenants, or visitors
Post-Service Damage
Upon completion of the agreed services, all responsibility for the care, protection, and ongoing condition of the glass passes to the client.
Glass Genius accepts no liability for:
Scratches, marks, or surface damage occurring after completion
Improper, unsuitable, or inconsistent cleaning methods used by any party
Contamination, deterioration, or damage introduced by construction activity, environmental exposure, or site conditions
Glass Genius has no obligation to monitor, supervise, or protect the glass once services have been completed.
Interference During or After Service
The client acknowledges that interference by third parties may:
Affect the outcome of the services
Compromise the condition of the glass
Impact the performance of NanoGlass Protection™
Glass Genius shall not be liable for any reduction in performance, change in appearance, or damage where such outcomes are caused, contributed to, influenced by, or exacerbated by third-party interference.
Protection of Glass Surfaces (Construction and Post-Service)
The client acknowledges that glass surfaces on active construction sites are inherently at high risk of damage from subsequent trades, handling, and site activity.
Where NanoGlass Protection™ has been applied, or where restoration work has been carried out, the client must ensure that:
All treated or restored glass is adequately protected from contact, contamination, and damage
Appropriate and effective protective measures are implemented and maintained throughout the construction process and any subsequent works
Failure to adequately protect the glass following completion of services will result in any resulting damage, contamination, or deterioration being deemed the responsibility of the client, regardless of whether such damage was caused directly or indirectly by third parties.
Pre-Existing and Undisclosed Damage
Glass Genius is not responsible for any damage, defects, or conditions caused by third parties prior to commencement of work, including where such damage becomes more visible, apparent, or pronounced during or after restoration, cleaning, or inspection.
8. General Terms
Governing Law
These Terms and Conditions are governed by and shall be interpreted in accordance with the laws of New Zealand.
The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
Consumer Guarantees Act
Nothing in these Terms and Conditions is intended to limit or exclude any rights the client may have under the Consumer Guarantees Act 1993 where that Act applies.
Where the client is acquiring services for the purposes of a business, the client agrees that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 shall not apply.
Entire Agreement
These Terms and Conditions, together with any quotation, scope of work, or written communication provided by Glass Genius, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.
No representation, statement, or agreement not expressly set out in writing and incorporated into these Terms and Conditions shall be binding.
Variations
Glass Genius reserves the right to amend or update these Terms and Conditions from time to time.
Any updated Terms and Conditions shall apply to all services carried out after the date of publication.
No variation to these Terms and Conditions shall be binding unless agreed in writing by Glass Genius.
Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, that provision shall be severed to the extent necessary, and the remaining provisions shall continue in full force and effect.
No Waiver
Failure or delay by Glass Genius to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other provision.
Any waiver must be in writing and shall apply only to the specific instance to which it relates.
Assignment
The client may not assign, transfer, or otherwise deal with any rights or obligations under these Terms and Conditions without the prior written consent of Glass Genius.
Glass Genius may assign, transfer, or subcontract any of its rights or obligations under these Terms and Conditions as reasonably required.