Eco Windows & Doors LLC dba ECO WINDOWS
Effective January 01, 2016
all units and items are special order, special assemblies or custom merchandise requires a 70% deposit
• Payment structure #1- Includes Shop Drawings: 20% / 50% deposit after final approval of drawings & merchandise for production / 30% COD payment
• Payment structure #2 – NO shop drawings requirements: 70% deposit – approved quotation for production- NO shop drawings provided / 30% COD payment
• Customer will be informed on status and delivery date of merchandise 5 – 7 business day prior to delivery date and remaining balance is due prior or at the time of delivery.
• All payments for orders totaling over $5,000 must be Wired prior to delivery or paid by CERTIFIED / BANK CHECK at the time of delivery.
• Seller retains title to all merchandise until it is paid for, in full. Seller shall have the right to repossess such merchandise in the event of a default in payment or non-payment, in accordance with these Terms of Sale.
• Customer accepts primary liability for the payment of all merchandise shipped and/or billed hereon and waives the right to use as a defense against payment the obligation of a third party to pay Customer for said merchandise.
• Seller is responsible to Customer for all merchandise ordered and will replace or compensate for any defected or damaged product during shipping.
• Selling prices shown on quotation are valid if entire order is placed within 10 days of the initial date shown on the quote.
• Seller has right to change pricing of items if quantity of order has been reduced or if after period of 10 days offer is not approved by Customer. No price quotation on custom or special-order merchandise shall be recognized until the order is approved by Seller and Customer.
• Seller shall notify Customer of any change in such pricing and, thereafter should Seller change pricing.
• Customer shall have the right to cancel the order within 72 hours from placing the order for any reason and request deposit refund. In case of Payment Structure #1, only 50% of deposit will be returned and 20% will be acquired by Seller for Shop Drawings & Operation expenses. In case of Payment Structure #2, full 70% deposit will be refunded
• Included deliveries are side walk only and unloading allowance time is 2 hours unless agreed otherwise. Each additional hour to be charge at shipping company rate $150 per hour and will be billed additionally.
• Delivery dates and times are furnished merely as a general guide; but under no circumstances are delivery dates times guaranteed
• Seller shall not be responsible for the failure to perform delivery for any reason other than gross negligence
• Re-delivery or storage fees of merchandise due to Customers cause will be assessed based on shipping company rates.
• Customer takes full responsibility for all cost involved with re-delivery and storage merchandise if scheduled delivery was unattended or COD payment wasn’t submitted at time of delivery.
• ECO WINDOWS reserves the right not to complete delivery if Staff Member or driver determine that the drop off site does not meet ECO WINDOWS criteria for security, damage and protection of merchandise. If this situation occurs there will be a redelivery charge.
• Customer shall count quantities and inspect all items during or after unloading.
• Unless otherwise agreed customer is responsible for unloading labor. Most of items is packed on pallets and requires equipment like Lull / forklift to support unloading.
• Customer takes full responsibility for all merchandise after unloading.
• Oversized units or assemblies are delivered un-glazed and require on site glazing installation.
• Delivery in excess of 40 miles radius of ECO WINDOWS location will be assessed additional delivery charge.
• Custom assemblies and merchandise require minimum of 12 to 24 weeks to fabricate and deliver.
• ECO WINDOWS is not responsible or can not be held accountable for any product delivery delays and/or project delays due to human-initiated action that can not be predicted or controlled by ECO WINDOWS including not limited to war, terrorism or threats of terrorism, civil disorder, labor strikes or disruptions, or Natural Disasters like like hurricanes, floods, earthquakes , disease or medical epidemics or outbreaks
• Customer is responsible to confirm all sizes and operation type of each unit, Egress Window or Tempered Glass locations prior to fabrication
• Customer is responsible to confirm and inform Seller about any special conditions required by Local Building codes, or local municipalities
• It is customers responsibility to obtain any necessary permits in order to execute delivery.
• Upon receipt of merchandise at delivery, customer acknowledges by signature acceptable condition and count of merchandise and should note any discrepancies on in -voice at time of taking possession.
• After acceptance of merchandise, ECO WINDOWS shall not be held responsible for damages, broken glass or shortage, unless so noted at time of delivery.
• Special Orders, Special Assemblies, Custom Merchandise: NO RETURNS OR REFUNDS; further, such merchandise is specially manufactured to Customer’s specifications. It is understood and agreed that, in the event of Customer’s failure or refusal to accept such merchandise, no ready market for resale is available to the Seller. In the event of Customer’s failure or refusal to take delivery of such merchandise within 30 days after notification of availability, time being of the essence, Customer shall be deemed in default of this agreement. In such event Seller’s measure of damages shall be the full contract price of the merchandise together with incidental damages including, but not limited to, charges incurred by Seller in stopping delivery and in storing the merchandise after Customer’s default, less any deposits or payments made by Customer on account of the contract price
• In the event of a default by Customer in the payment of the purchase price or of any other term and condition of this agreement on Customer’s part to be performed, Seller shall be entitled to reasonable attorney’s fees and/or collection fees incurred in the collection of any sums due hereunder or in the enforcement of this agreement, whether suit is filed or not.
• All transactions shall be governed by the laws of the State of Connecticut.
• Unless otherwise agreed, 5-year limited on IG and 5-year frame assemblies warranty. Subject to proper maintenance, terms & conditions. Refer to warranty card for details for proper maintenance or further details.
• ECO WINDOWS may at its discretion repair or replace any defective part or product without incurring any further liability therefore.
• Under no circumstances will ECO WINDOWS be responsible for consequential damages, delay claims or any other collateral claims including claims for labor costs.
• ECO WINDOWS is not responsible for warranty of any installation of products performed by others.
• All additional sills, thresholds, extensions or auxiliary pieces comes separate and require on site assembly.
• All inquiries should be made by using the following email: info@ecowindowsusa.com . If further assistance is required, please contact office @ 347-537-5707
• Monday thru Friday, 9AM to 5PM.
