FOR CONTRACTOR, COMMERCIAL OR MATERIAL ONLY SALES*
(* – NOT Applicable to contracts for materials with installation made directly with residential homeowners)
- Specifications: Customer is solely responsible to verify and confirm the correctness of the order specification(s). Sivan Windows and Doors (“Sivan”) is responsible for supplying the written specification(s) of third-party manufactured products to meet the Customer’s product(s) request, and not for the appropriateness or correctness of a specification for a particular project or particular usage. Signature on the Contract represents Customer’s express approval of all items, incl. type, size, color, material, etc., listed on the Contract.
- Suitability of Usage: Sivan is not responsible for product suitability for any purpose or compliance with government regulations. Customer is responsible for investigation into and verification of any regulatory and governing laws and regulations prior to placing an order. Disapproval of materials by any public or private regulating agency, body or entity, Home Owner’s Association (“HOA”) or Condominium Owner’s Association (“COA”) does not relieve Customer of responsibility for full payment to Sivan.
- Materials and products carry manufacturer’s warranty only; Sivan makes no warranties, either express or implied, of merchantability of products, or for fitness of products for any general or specific purpose. Customer hereby agrees to indemnify Sivan against all claims related to material defects.
- All defects must be reported to the manufacturer within the timeframe stipulated in the applicable product warranty.
- Limitation of damages: Sivan will not be held liable for any damages or consequential damages including installation or re-installation labor cost.
- Claim Indemnification: Under the above terms, if merchandise supplied by Sivan is picked up or delivery is completed, there will be no viable claims against Sivan by any person or any entity.
- Customer acknowledges that Sivan is not a manufacturer, and windows and doors are supplied to Sivan by third-party manufacturers. Vinyl windows and doors normally are delivered to Sivan between four (4) to five (5) weeks after the order has been placed with the manufacturer. Aluminum, fiberglass and wood windows and doors can take between six (6) and eight (8) weeks to be delivered to Sivan. Sivan is not responsible for any change in lead time or delivery time due to manufacturer delay and Customer shall indemnify Sivan for all such delay related claims by Owners or other end users.
- Pick up or delivery delayed more than five (5) days from notice to Customer of material availability, due to no fault of Sivan, shall incur a $75.00 per day extra storage charge.
- A change by customer from pick up to delivery will incur a $100.00 extra charge, which will be immediately due upon delivery of material.
- “Materials only” orders are subject to all terms above and all Payment Terms set forth below.
IF INSTALLATION BY SIVAN IS ALSO INCLUDED:
- Installation performed by Sivan is warranted against installation defects for a period of two (2) years from installation completion.
- Sivan is not responsible for moving and replacing furniture and other impediments to access, Removal and replacement of window treatments/coverings, Connection and reconnection of alarm systems, Painting, Drywall Repair, Stucco Repair, any city or town associated fees, and HOA or COA approvals. Sivan will not be responsible for damage due to Customer’s failure to remove impediments to free and clear access to work areas. Customer shall indemnify and hold Sivan harmless for all such damage to the full extent of the law.
- Customer must report patent, obvious and reasonably discoverable installation defects to Sivan as soon as practicable; in Sivan’s sole discretion, an unreasonable delay in reporting may result in a waiver of the Warranty claim.
- Execution of job completion certificate listing no patent, obvious and reasonably discoverable installation defects waives all Warranty claims for installation defects.
- Damage to anything other than to the window or door installation itself must be reported to Sivan on the Job Completion Certificate or any such claims against Sivan for collateral and incidental damage are waived by Customer, and Customer shall indemnify Sivan for all such claims made by others.
- Sivan will not be held liable for consequential damages for any reason.
- A delay in installation date, due to no fault of Sivan, in excess of five (5) days from the originally scheduled date shall incur a $75.00 per day storage charge; If customer requests advance delivery to the job site due to delayed installation (at no fault of Sivan), there will be a $100.00 extra charge, which will be immediately due upon delivery of material.
- Materials and Installation orders are subject to all Materials terms set forth above and all Payment terms set forth below
- Payment terms: All orders require a 50% deposit prior to production. Remaining balance due, including extra charges, must be paid in full prior to or upon delivery, pick-up or Sivan installation completion.
- Order Cancellation: Written authorization is required to cancel an order; In Sivan’s discretion, Order cancellations that take place prior to window and/or door ordering by Sivan, may be subject to a liquidated damages charge of 30% of the total contract price. Orders already in production are not cancellable and customer is responsible for full payment.
- If installation is performed by Sivan, once windows and/or doors are installed, if there is a bona-fide installation workmanship issue that requires service, the maximum amount Customer may withhold from final payment is 5% of the Final Payment amount. All withholding must be released to Sivan upon resolution. If withholding is made and it is subsequently found by Sivan that no bona-fide workmanship issue exists upon inspection by Sivan service personnel, the amount withheld shall bear a finance charge from the date payment was due at the maximum legal rate of 24% per annum and Customer shall pay Sivan for the service call at the rate of $150.00 per hour, including service personnel travel time, in addition to the 5% withheld amount. Withholding from Final Payment for any other reason is not allowed.
- Credit Card payments: Additional 3% service fee will be added to all credit card payments.
- Returned Checks: a 5% service fee is added to all returned and ISF checks. All returned and ISF checks must be replaced and/or satisfied within five (5) working days of notice of the check’s return to Sivan or service fee added shall increase to 20%.
- Balances unpaid after due dates for any reason shall accrue late charges calculated at the amount of 24% per annum.
- Sivan reserves the right to send preliminary lien notices, record mechanics liens and engage in any and all collection procedures allowed by law.
- Further, customer is liable for any and all collection expense incurred by Sivan, including attorney’s fees.
- Assignment: Neither party may assign this Contract, or the proceeds thereof, without written consent of the other party.
- Construction Lender: If the project is financed by a lending institution, Customer shall furnish Sivan with the Lender’s name, address, telephone number and contact name for Sivan’s file.
- No Oral Agreement: This Contract can be modified only by a written document signed by both parties. No attempt to modify this Contract by an oral agreement shall be recognized. The Parties specifically agree that electronic signatures and acceptances are as valid and binding as if handwritten.
- No Other Agreement: This Contract constitutes the entire agreement of the parties, and no written or oral communication between Sivan or its representatives and the Customer before the time of execution of this Contract shall be considered to enlarge, modify, or explain the terms of the Contract
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Limited Installation Warranty
Renovating Specialist Inc dba Sivan Windows and Door (“Seller”) makes the following express Installation Warranty for Covered Installations, subject to the stated conditions and limitations. Seller warrants that all installation work performed as part of a Covered Installation will be free of Installation Defects for a period of two (2) years from the date of substantial completion of the original installation.
An “installation defect” is an error that significantly impairs the proper operation of the product. If Seller is given Prompt Notice (as defined below) of an Installation Defect within two (2) years from the date of substantial completion of the original installation, Seller shall, at its sole discretion either 1) furnish labor to repair any such Installation Defect (and provide replacement materials if Seller determines such materials necessary to make the repairs) or 2) refund the original purchase price of the defective product(s) including the price of installation.
WHO IS COVERED
The “Buyer” is covered by this Warranty. For purpose of this Warranty, “Buyer” shall mean the individual(s) who owns and occupies the home when products are installed.
CONDITIONS AND LIMITATIONS APPLICABLE TO ALL COVERED INSTALLATIONS
If Seller provided trim as part of the Covered Installation and such trim must be replaced under this Warranty, Seller shall provide reasonably suitable trim but cannot assure it will match the original trim.
The extent of coverage with respect to finishes is limited as set forth in this paragraph. If the original product or component was finished by Seller and a replacement is required because of a Product Defect (other than the finish itself) or Installation Defect pursuant to this Warranty, the product will be replaced with finish. If the finish was provided by someone other than Seller, the product or component replaced will not be finished and no coverage is provided by Seller for such finish.
Even where Seller chooses to repair or replace product, the coverage afforded by this Warranty does not include any labor or material associated with finishing space surrounding or adjacent to the repaired or replaced product (including, but not limited to, any stucco, painting, and carpentry work). Buyer is responsible for performing any finishing work to the home as a result of any warranty or servicing work, including, but not limited to, any stucco, painting, and carpentry work. Replacement product and installation provided pursuant to this Warranty shall be covered only for the remainder of the terms of this Warranty.
TRANSFER OF WARRANTY
This Warranty is automatically transferred to any subsequent owner of the home on which the Covered Installation occurred. All subsequent owners (also referred to as “you” or “Buyer”) are subject to all conditions and limitations of this Warranty to the same extent and in the same manner as the original Buyer. This Warranty applies with equal force to multiple buyers, including spouses, and the term “Buyer” is both singular and plural as the case may be.
LIMITATION OF WARRANTY
This Installation Warranty is the exclusive warranty for a Covered Installation. SELLER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE INSTALLATION OF YOUR PRODUCTS.
LIMITATION OF LIABILITY
THIS WARRANTY SETS FORTH THE MAXIMUM LIABILITY FOR THE INSTALLATION WORK. IN NO EVENT (INCLUDING WHERE SELLER HAS NO PERFORMANCE OBLIGATIONS DUE TO THE OPERATION OF CONDITIONS OR LIMITATIONS) SHALL SELLER OR INSTALLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE SALE, INSTALLATION, SERVICE OR USE OF ANY PRODUCTS. IN NO EVENT SHALL THE LIABILITY OF SELLER OR INSTALLER EXCEED THE PRICE PAID FOR THE PRODUCT AND INSTALLATION.
LIMITATION OF REMEDY
THE EXCLUSIVE REMEDY OF THE BUYER, AND THE SOLE LIABILITY OF SELLER AND INSTALLER FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE SALE, INSTALLATION, SERVICE OR USE OF A PRODUCT OR INSTALLATION SERVICE, SHALL BE, AT THE OPTION OF SELLER, REPAIR OF INSTALLATION DEFECT OR PRODUCT DEFECT OR RETURN OF THE ORIGINAL PURCHASE PRICE. IF SELLER PROVIDES ANY OF THE REMEDIES IDENTIFIED IN THE INSTALLATION WARRANTY ABOVE (I.E., REPAIR OR REFUND), THEN BUYER AGREES THAT THIS REMEDY SHALL NOT HAVE FAILED OF ITS ESSENTIAL PURPOSE.
DISCLAIMERS AND EXCEPTIONS APPLICABLE TO ALL COVERED INSTALLATIONS
Seller is not responsible for any loss or damage due to or make any warranty commitment as to:
- Loss or damage arising from exceeding the performance parameters for the products set forth in product labeling.
- Installations, repairs or modifications performed by anyone other than Seller or someone under the control or supervision of Seller.
- Covered Installations or service that has not been paid for in full.
- Installation or product failure, or loss due to:
- Structural settlement or movement, vibration, excessive localized heat, high in-home humidity, high moisture environments or latent defects in home.
- Condensation: On windows and patio doors, condensation may occur as the natural result of humidity within a home or changes in interior/exterior temperature. It does not indicate a product defect. The warranty covers neither condensation, not frost, nor freezing from condensation on the windows or patio doors.
- Water leakage not caused by installation performed by Seller.
- Power washing.
- Acts of God.
- Salt spray, acid rain, or other corrosive elements.
- Accident (including glass breakage), misuse, abuse, alterations, or improper handling, operation or cleaning (by others outside of Seller’s control).
- Improperly installed security systems or damage by security systems.
- Failure to utilize proper maintenance or finishing practices.
- Failing to properly seal and maintain the exposed wood portions and veneer of a product.
- Normal wear and tear.
- Damage and/or discoloration to fabric shades, screens or blinds from product usage, sun exposure, abuse or age, including variations in color or texture or loss of pleating if product is not being cycled (held in the raised position a portion of the time).
- Damage and/or discoloration from sun exposure, abuse or age.
- Any breaches, such as scratches, chips or abrasions, that have not been timely repaired.
- Application of after-market window films to glass surfaces.
- Minor imperfections in glass that do not affect the product’s structural integrity or significantly obscure vision.
- Minor variations in glass color.
- Minor imperfections up to 1/4″ along the edges.
- Variations in wood grain, color, texture or natural characteristics.
- Minor variations in screen mesh weave.
- Caulking – To seal window frame or trim package against water and/or air filtration, caulking may be necessary on some installations. Caulking maintenance is the responsibility of the Buyer (or homeowner). It is not considered part of the product and is not covered under the warranty.
NOTICE AND CLAIM PROCEDURES APPLICABLE TO ALL COVERED INSTALLATIONS
PROMPT NOTICE OF CLAIM FOR SERVICE
Seller shall have no obligation under this Installation Warranty for claims received after two (2) years, and all suits commenced after this time period shall be barred. Within the warranty period, Buyer shall notify Seller in writing immediately, and in no case more than fifteen (15) days, after any known or reasonably suspected “Installation Defect,” “Product Defect” (“Prompt Notice”) or other basis of a claim covered by this Warranty is discovered or should have been discovered. Any claims otherwise covered, but for which Seller did not receive written notice within fifteen (15) days from the time the problem became known, shall be barred.
WARRANTY CLAIM PROCEDURE
Claims under this Warranty should be made in writing to Seller as follows: Renovating Specialist Inc dba Sivan Windows and Doors, 19865 Nordhoff Street, Northridge, CA 91324, or email at email@example.com.
Claims should include the following information:
- Claimant’s name, address, and phone number and the installation address (if different);
- A description of the product, purchase price, and the date and location of purchase, the name and other identifying information for Seller, and copies of the Agreement and any invoices;
- The serial number located on the insulating glass spacer or the unit identification number located on the lower left-hand corner of the glass (as seen from the inside);
- A description of the product or installation concerns (including photographs); and
- A brief summary of attempts made to address the concerns.
Buyer agrees there is no reliance on any statement, agreement, writing, warranty or representation, whether written or oral, other than the terms contained in this Warranty and the Agreement, and any applicable product warranties. This Warranty may only be modified upon Seller’s written notice to Buyer and Buyer’s consent to the proposed modification.
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