STANDARD TERMS AND CONDITIONS
- 1. Seller takes no responsibility for insuring the accuracy of Buyer supplied measurements or drawings. Buyer agrees to reimburse Seller for extra time or materials expended due to errors in Buyer's supplied measurements (unless field verified by Seller prior to Shipment) or due to delays in delivery or installation caused by a job site not being ready or interference from other trades or subcontractors.
- 2. Seller shall not be liable on any claim or demand made by Buyer unless such claim or demand shall be made in writing by Buyer and received by Seller within seven (7) days after the actual or constructive receipt by Buyer of shipment involved in such claim or demand. Buyer's failure to present any such claim or demand within the time fixed shall constitute a waiver of every such claim or claims.
- 3. All installed orders shall be 50% deposit, balance due day of installation. All uninstalled orders due 100% in advance
All other payment terms are not binding upon Seller unless executed by President of Seller. Special orders may not be canceled. Cancellations and returns are subject to a restocking and repackaging charge and may only be returned with Seller's permission.
4 Seller reserves the right to change and limit the terms of credit for any reason whatsoever. Seller further reserves the right to cancel any purchase order or other contract in whole or in part, without prejudice to any other lawful remedy, in case, upon information subsequently received, Buyer's credit shall be found unsatisfactory.
- 4. Any tax, assessment or charge upon Seller's production, labor, installation, sale or shipment of goods, imposed by Federal, State Municipal or other governmental authority and any increased costs resulting from any Governmental laws or regulations affecting the subject matter of any sale, raw material or labor involved therein, and other costs of Seller, shall be added to the contract price and paid by Buyer. In lieu of payment of any tax, Buyer shall provide Seller with a certificate, exempting Buyer from the payment of such tax, and acceptable to the taxing authorities.
- 5. Seller shall not be liable for any delay or failure in performance if such delay or failure shall be due to one or more of the following causes. Fire, explosion, accident, breakdown, strike, union activity, lockout, combination of workman, flood, embargo, riot, act of God or the public enemy, action of any governmental authority, governmental regulations or restrictions, delay or failure of carriers or contractors, shortages of materials or scarcities of labor or any other contingency, delay, failure or cause beyond the Seller's reasonable control, whether or not of the kind hereinbefore specified; provided, however, that the existence of any such cause or causes of delay shall, at the option of the Seller, extend the time of performance by the time or times measured by any such cause or causes of delay.
- 6. On wrongful refusal of Buyer to accept delivery of goods. Seller at its election may retake or resell goods and recover from Buyer all damages suffered. Notwithstanding any other provision herein, Seller shall retain the full title to all property delivered to Buyer until payment in full of the purchase price is made as provided herein. In the event Buyer does not make any payment towards the unpaid purchase price of property purchased hereunder and as provided herein, Buyer agrees that Seller at his option may retake and resell the property sold hereunder and recover from buyer all damages suffered, including repossession, transportation, selling and advertising cost as well as costs of suit and attorney's fee of twenty (20%) percent if no suit or Twenty Five (25%) percent of any recovery in an action at law, plus Forty ($40.00) dollars per hour for each individual employee of Seller whose time was deemed required by Seller in such an action, all such costs and expenses to be added to the amount of recovery.
- 7. Unless otherwise specified in Seller's proposal, Seller excludes any and all express or implied warranties - except that all manufacturers' warranties shall apply.
- 9. Prices are subject to change without notice, and orders calling for future performance will be billed according to the contract price if delivered and installed within one (1) year of proposal, delivery and installed after that date will be bill at the contract price in effect at the time of delivery. Written quotations automatically expire sixty (60) calendar days from the date issued unless accepted in writing are subject to termination within that period.
- 10. Any and all claims or controversies arising under any agreement involving The Window Place USA LLC. shall be filed in the Court of general jurisdiction in Montgomery County, Maryland. The Window Place USA LLC. Buyer and Seller agree that any and all clauses calling for Arbitration or for venue in any other jurisdiction shall be of no force and effect.
11. The owner/contractor agrees to allow Seller to place an advertising sign at or near the front of the property while contract is in effect.
- 12. Any alterations or deviations from the original plans, specifications or scope of work shall be allowed only upon execution of a written change order. All additional costs associated with any change orders shall become due and payable prior to the installation of said extra work or material.
13. This Agreement represents the whole contract between the parties, any course of dealing, usage of trade, or actual course of performance to the contrary notwithstanding, and no representations or agreements made by either party, or by any representative of either party, in the negotiations leading to this Contract, or otherwise, which are not expressly reserved herein in writing shall be binding on such Party. Failure of the Seller to insist in any one or more instances upon strict performance of any one of the provision of this contract or to take advantage of any of its rights hereunder, shall not be construed as a waiver of any such provisions of the relinquishment of any rights, but the same shall continue and remain in full force and effect.
14. Seller and Buyer hereby acknowledge that Seller is not an architect or professional engineer. Any advice or recommendations made by Seller are to be considered as suggestions. Building and Health Code Compliance is the responsibility of Buyer and Seller disclaims all liability for selection or specification of any products as they relate to code compliance.
- 15. The order of Buyer is to be deemed placed and accepted at the office of Seller and this contract will be construed as to its validity, interpretation, and performance in accordance with the law of the State of Maryland.
16. In the event of any breach of any warranty by Seller, the liability of Seller shall be limited to the repayment to Buyer of the purchase price by him upon the return to Seller of the non-conforming goods. Seller shall not be liable for any other damages, whether direct or consequential.
- 10. Should any of the terms or conditions be held contrary to the laws of the State of Maryland or any Federal Law, such fact shall not invalidate any of the remaining terms or conditions.
- 18. All terms and conditions herein shall be deemed incorporated into Buyer's purchase order or any contract or proposal submitted by Seller or Buyer. No other terms or conditions apply to our contract unless executed by an Executive Officer of Seller.
A delinquency charge of 2% per month may be added on any amount 60 days in arrears from date of this Contract and thereafter until paid.
- 11. This contract and all its provisions shall insure to and become binding upon the heirs, executors, administrators, successors and assigns of Buyer and upon the successors and assigns of Seller.
28. A charge of twenty-five ($25.00) will be made for any checks not honored by the bank. This remedy shall be in addition to any others as provided by law.
- 16. Arrangements to obtain entrance to the job site for our workmen, deliveries and inspections will be by the owner/general contractor.
- 17. Owner is responsible for theft and damage to materials on the job site.
- 18. Some Commercial jobs will be billed according to draw schedule and payable within 15 days. In the event that payment is not timely made in accordance with either the draw schedule or the billing dates, it is the privilege of The Window Place USA LLC. . to charge interest on the unpaid balance of the bill due at the rate of two (2) percent per month. Majority of all installed jobs will be 50% deposit, Balance due the day of installation.
Estimates/Proposals are good for 60 days, unless other arrangements have been made by both parties.
Thank you for the opportunity to bid this project.
Please initial all pages - indicating you have read and understood all information.
I hereby accept the proposal. (Owner or Authorized individual for Corp.)
Print Name: ______________________ Title:_____________________________
Accepted by The Window Place USA LLC.
Print Name: ______________________ Title:_____________________________