EURO Windows and Doors MFG

Terms and Conditions

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DETERMINATION OF PRICE

Prices shown do not include Provincial Sales Tax or Goods & Services Tax or any other tax or government charge upon the production, sale or shipment of material which is effective within the life of the sales contract, all of which will be paid by the customer. All prices are subject to change without notice, and are not guaranteed against change. Inventory adjustments will not be made. Stenographic and clerical errors made by EURO Windows and Doors MFG on an acknowledgement or invoice shall be subject to correction.

NOTE: In the event that a discrepancy arises between the index and the body of the price catalog, the information contained in the body of the catalog will take precedence.

PRICE PROTECTION

In the event of a price decrease, unshipped orders, with the exception of special sales contracts covered by a lot or job estimates, will be invoiced at the new and lower prices. In the event of a price increase, orders on hand will be invoiced at the prices in effect when the orders were received, provided, however, those shipments are made at EURO Windows and Doors MFG‘S convenience thereafter. EURO Windows and Doors MFG quotations on specific jobs made in writing by EURO Windows and Doors MFG are valid (or firm) for thirty (30) days.

ACCEPTANCE OF ORDERS

All orders are subject to approval and acceptance by a duly authorized representative of EURO Windows and Doors MFG.

The acceptance of orders constitutes a complete and binding contract which cannot be modified or canceled without written consent of both parties, except that all orders are accepted subject to delays caused by strikes, fires or any other causes (including those set out in the section “Force Majeure” below) beyond the control of EURO Windows and Doors MFG. All orders are accepted subject to governmental regulation on material usage, whenever applicable.

MINIMUM ORDER SIZE

Will depend on product and minimal quantity will be adviced at the time of quotation.

PAYMENT

EURO Windows and Doors MFG stated payment terms are COD, unless otherwise approved in writing by a duly authorized representative of EURO Windows and Doors MFG. Early payment discounts are available. Please contact EURO Windows and Doors MFG for additional information.

CREDIT CARD PAYMENT (U.S. Customers Only)

EURO Windows and Doors MFG will accept credit card payments. Credit Card invoices are paid in advance upon acceptance of invoice. Early payment discounts are available with credit card payments. Please contact EURO Windows and Doors MFG for additional information.

FREIGHT CHARGES AND RISK OF LOSS

Unless stated otherwise, all items are shipped F.O.B. EURO Windows and Doors MFG manufacturing facility.

CLAIMS

No claims due to errors, shortages or rejection because of defects or defective materials ascertainable on visual inspection will be considered unless reported to EURO Windows and Doors MFG within ten (10) days after receipt of shipment. Claims for damages resulting from delays or use of defective materials will not be honored.

DELIVERY

Orders should include complete shipping instructions. EURO Windows and Doors MFG reserves the right to ship as it deems advisable unless specific instructions are given. EURO Windows and Doors MFG will use reasonable efforts to meet delivery dates but such dates are deemed approximate and EURO Windows and Doors MFG shall be allowed a reasonable variance from all such dates.

FORCE MAJEURE

EURO Windows and Doors MFG shall not be liable for delays or inability to perform due to strikes, labor disputes, lockouts, fire, flood, war, declared or undeclared, insurrections, riots, acts of God, embargoes by foreign nations, inability to obtain or unusual delay in obtaining materials, shortages of power needed to operate EURO Windows and Doors MFG facilities, governmental regulations or priorities, or any other cause beyond the control of EURO Windows and Doors MFG. In case of any delays in receipt or shortages of materials or shortages of power needed to operate EURO Windows and Doors MFG facilities, EURO Windows and Doors MFG reserves the right in its sole discretion to determine the assignment of materials, and the order of priority in filling orders. EURO Windows and Doors MFG also reserves the right in its sole discretion to cancel order by written notice in the event EURO Windows and Doors MFG believes that by reason of the foregoing it will not be able to meet the scheduled completion date.

INDEMNIFICATION

Customer is solely responsible for proper selection and installation of EURO Windows and Doors MFG products as well as the incorporation of EURO Windows and Doors MFG products into other products (if this is applicable). Customer agrees that it will use EURO Windows and Doors MFG products only for their intended uses and according to specifications and limitations established by EURO Windows and Doors MFG from time to time. Customer shall indemnify and hold EURO Windows and Doors MFG harmless from and against any and all damages arising out of or relating to improper selection, application, use or incorporation of products or abuse of products.

Laws and building and safety codes governing the design and use of glazed entrance, window and curtain wall products vary widely. EURO Windows and Doors MFG does not control the selection of product configurations, operating hardware or gazing materials, and assumes no responsibility therefor. It is the responsibility of the customer to determine at the time of order entry or revision, whether EURO Windows and Doors MFG material and products meet any federal, state, provincial and /or local law interpretation and regulations, including those relating to building construction, safety and to the Americans with Disabilities Act of 1990 and any other similar federal, state, provincial or local statutes.

ORDER CANCELLATION AND CHANGE CHARGES

In the event a customer changes an order or cancels or partially cancels an order that has already been accepted by EURO Windows and Doors MFG, EURO Windows and Doors MFG may assess a charge to the customer for costs incurred in performance of that portion of the order that has been changed or cancelled up to and until the time EURO Windows and Doors MFG receives notice of the change or cancellation.

Customer orders for special materials (those not described in the effective price book), or for products fabricated specifically to customer’s dimensions or other specifications, or where special materials or services are procured by EURO Windows and Doors MFG for use on customer’s order, or where drafting or take-off services have been performed, will be subject to charges for cancellation or change for those costs incurred in performance of that portion of the order that has been cancelled or changed up to and until the time EURO Windows and Doors MFG receives notice of the change or cancellation.

BALANCE DUE MATERIALS

Any portion of an order not included in an original shipment because of shortage of stock or other cause beyond EURO Windows and Doors MFG‘S control will be invoiced at the same price and on the same terms as if included in the original shipment.

INSTALLATION

EURO Windows and Doors MFG herby disclaims all liability for, and is not responsible or liable for, any damages or costs that may result from improper installation of its products. It is the responsibility of the customer purchasing a EURO Windows and Doors MFG product to ensure that the EURO Windows and Doors MFG product is installed properly and in accordance with EURO Windows and Doors MFG‘S printed instructions. This responsibility is retained by customer even though the product may be resold for installation by a third party. EURO Windows and Doors MFG will not be liable for damages and costs that result from improper installation of EURO Windows and Doors MFG products, regardless of who actually performs the installation.

SPECIAL LENGTH CHARGES

For special length painted material requirements, consult with a EURO Windows and Doors MFG officer for pricing.

DOORS AND WINDOWS

EURO Windows and Doors MFG offers furnished to order products as well as a full range of components for doors and windows. Please contact EURO Windows and Doors MFG for a quote for finished product as well as assembly components.

HARDWARE:

EURO Windows and Doors MFG uses only premium European hardware by DR. HAHN, FAPIM, SAVIO, ICSA, GIESSE. EURO Windows and Doors MFG normally doesn’t install custom hardware, however depending on quantity this might be applicable to some orders. Please contact EURO Windows and Doors MFG for more information. Please contact EURO Windows and Doors MFG for more information.

EQUIPMENT AND TOOLS

Any equipment or tools for aluminum profiles processing manufactured by third parties and supplied by EURO Windows and Doors MFG are covered by respective manufacturer’s warranty.

SHOP DRAWINGS

EURO Windows and Doors MFG products may be detailed by EURO Windows and Doors MFG to confirm specifications. In such cases, drawings will be submitted to the customer for approval. EURO Windows and Doors MFG will fabricate in accordance with dimensions and specifications shown on the customer approved drawings but will take no responsibility for failure of the customer to check drawings against job site conditions or for any other purpose. Special entrances cannot be scheduled for production until the approved detail, with the customer’s signature, has been received, and all special hardware is in EURO Windows and Doors MFG‘S possession. Changes made to any drawing after approval of details by customer may involve additional charges on the order.

GOVERNING LAW

The sale of EURO Windows and Doors MFG products hereunder with shipping addresses located in the United States shall be governed by the laws of New York State, excluding its laws related to choice or conflicts of law.

ILLUSTRATIONS

The illustrations within this catalog are for part identification only, and do not indicate size or proportions by comparison.

ENTIRE AGREEMENT

The Limited Warranty and Remedy and Other Terms and Conditions set forth the entire agreement between the customer and EURO Windows and Doors MFG relating to the sale of EURO Windows and Doors MFG‘S products to customer.