Terms & Conditions
All sales are expressly limited to and made conditional upon the exact terms and conditions herein. Objection by customer to any of the terms contained herein shall be deemed to have been waived if written notice of the objection is not received by American Door & Glass Industries, LLC. (the “Company”) within (5) five days of the date of receipt of these terms and conditions or before part of any goods ordered are accepted by customer, whichever occurs first.
1. LIMITED WARRANTY AND DISCLAIMER.
(a) Limited Warranty - The Company’s responsibility for a defective product is limited, to the manufacturer’s warranty for the product. AMERICAN DOOR & GLASS INDUSTRIES installation/labor has a one year limited warranty covering defects in workmanship and material under normal use from the date of purchase.(b) General Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. THE COMPANY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY OTHER MATTER. IN PARTICULAR, AMERICAN DOOR & GLASS INDUSTRIES ASSUMES NO RESPONSIBILITY FOR GLASS BREAKAGE, IMPROPER USAGE, FAILURE OF PRODUCTS ON ACCOUNT OF FAULTY BUILDING CONSTRUCTION OR DESIGN, OR IMPROPER HANDLING. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, REVENUES, PROFITS OR SAVINGS, EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Safety Specifications:
i. Annealed Glass: Annealed glass must not be glazed in hazardous locations defined by applicable codes and Federal laws. Such locations must be glazed with an approved safety glass.
ii Tempered Glass: AMERICAN DOOR & GLASS INDUSTRIES tempered glass must not be modified or receive any fabrication such as grinding, drilling, sand blasting, etc., subsequent to tempering. Such modification or additional fabrication may seriously weaken the glass or impair its tempered characteristics and voids any AMERICAN DOOR & GLASS INDUSTRIES warranty provisions. “It is recommended that tempered glass not be exposed to temperatures at or in excess of 400°F for any sustained period of time. Such exposure can result in glass breakage.”
(d) Warranty Claims: Warranty claims may be submitted by calling AMERICAN DOOR & GLASS INDUSTRIES. Mirrors, glass and/or insulated glass window units may require photo and possible return of the defective item. In all cases, customers only remedy against AMERICAN DOOR & GLASS INDUSTRIES is for the replacement or repair, at American Door & Glass Industries’ option.
(e) AMERICAN DOOR & GLASS INDUSTRIES warranties do not cover damage due to theft or vandalism.
2. TIMING
3. PRESENTATION OF CLAIMS.
(a) Notwithstanding anything in these terms and conditions to the contrary, Customer shall promptly inspect the goods ordered upon receipt of same, and if goods do not conform to the contract between Customer and the Company or are defective, Customer shall notify the Company in writing of such nonconformance or defect and afford the Company a reasonable opportunity to inspect the goods.(b) Customer shall not return any goods without the prior written consent of the Company. If the goods are defective or do not conform to the contract between Customer and the Company, the Company shall furnish instructions for their disposition.
(c) Every claim on account of defective or nonconforming goods or due to any other cause shall be deemed waiver by the Customer unless made to the Company in writing within ten (10) days of Customer’s receipt of the goods to which such claim relates.
4. CUSTOMER’S REMEDY.
5. SPECIFICATION, PERMISSIBLE VARIATIONS, STANDARDS AND TOLERANCES.
6. DELAY OR FAILURE TO PERFORM.
(c) For purposes of these Terms and Conditions, estimated installation dates shall not constitute specific installation dates.
(d) Any estimate made by the Company to the customer of the time that will be necessary to complete and deliver any order shall be based upon the assumption that all specifications for such order have been received by the Company at the time such estimate is made. In no event shall Company be responsible for any delay in delivery if additional specifications or changes in the specifications for such order are received by the Company after the estimate has been given.
(e) If the customer cancels/reschedules their appointment less than 48 hours prior to the scheduled installation date, a $25.00 rescheduling fee will be applied.
(f) If Company arrives at the Customer’s job site and is unable to complete the job, due to the Customer, and the Company has to return at a later time, a $40.00 return trip fee will be applied.
7. ESTIMATES, PRICES, CREDIT AND PAYMENT.
(d) Partial Payments. Payments by Customer to the Company of lesser amount than is due and owing by Customer pursuant to all outstanding invoices shall be deemed a payment on account of the earliest dated invoice. No endorsement or statement on or accompanying any check, money order, or other form or remittance by Customer shall be deemed in accord and satisfaction without the Company’s express written consent. Any acceptance by the Company or any agent of Company of any such check, money order, or other form or remittance by Customer as partial payment shall be without prejudice to the Company’s right to recover the balance of all outstanding invoice amounts or to pursue any other remedy provided by law or equity.