Motion Windows
TERMS OF SALE

1. Custom Fabrication

All Motion Windows products are custom-manufactured to Buyer-provided specifications. Products are not stock items and are not eligible for return except as expressly provided under the Limited Warranty.

Orders may be cancelled in writing within three (3) business days of Seller’s written order acceptance, provided production has not commenced, and materials have not been ordered.

Once production or material procurement begins, orders are non-cancellable and non-refundable. Seller reserves the right to charge for all costs incurred, including materials, labor, engineering, and administrative expenses.

Deposits are non-refundable once production has begun.

2. Buyer Responsibility for Measurements and Specifications

Buyer is solely responsible for verifying:

  • Rough opening dimensions
  • Overall frame size
  • Wall thickness (1/16” tolerance required)
  • Corner radii
  • Glass selection
  • Frame finish
  • Mounting surface flatness

Products manufactured in accordance with Buyer-provided information shall be deemed conforming.

Seller is not responsible for:

  • Field measurement errors
  • Framing irregularities
  • Structural incompatibility
  • Wall flex
  • Fitment issues resulting from inaccurate specifications

Measurement or fitment errors do not constitute manufacturing defects.

3. Installation and Structural Responsibility

Buyer assumes full responsibility for proper installation.

Installation guides are provided as a reference only. Seller is not responsible for:

  • Structural flatness of mounting surface
  • Wall thickness variation
  • Improper fastener selection
  • Over-tightening of clamp rings
  • Sealant selection or application
  • Structural flex or body distortion
  • Environmental exposure beyond intended design

Frame distortion, forcing frames into non-flat surfaces, or over-torquing may compromise insulated glass seals and void warranty coverage.

4. Shipping, Risk of Loss, and Freight Damage

All shipments are F.O.B. Vancouver, Washington. Title and risk of loss transfer to Buyer upon delivery to the carrier.

Buyer must inspect shipments at time of delivery.

Visible damage must be noted on the carrier’s delivery receipt before signing.

Concealed damage must be reported in writing within five (5) calendar days of delivery.

Failure to provide timely written notice constitutes acceptance of goods as delivered.

Freight claims are the responsibility of Buyer.

5. Pricing, Taxes, and International Shipments

Quoted pricing does not include freight, crating, packaging, sales tax, duties, tariffs, brokerage fees, installation, or other governmental charges unless expressly stated in writing.

For international shipments, Buyer is solely responsible for all import duties, taxes, tariffs, brokerage fees, and customs compliance.

6. Lead Times

Production timelines are estimates only and are not guaranteed. Seller shall not be liable for delays caused by material shortages, supply chain disruption, transportation interruption, labor availability, governmental action, or other events beyond Seller’s control.

7. Limited Warranty

Seller warrants that its products are free from defects in materials and workmanship for two (2) years from the original date of purchase.

Seller’s sole obligation under this warranty is repair or replacement of defective components, at Seller’s option.

This warranty does not cover:

  • Removal or reinstallation labor
  • Freight costs
  • Downtime or loss of use
  • Water intrusion damage
  • Mold or secondary structural damage
  • Cosmetic variations within industry tolerances
  • Seal shrinkage or normal wear
  • Condensation due to environmental conditions
  • Damage caused by improper installation
  • Damage caused by structural distortion or flex

For marine installations in saltwater environments, corrosion-related claims are limited to powder-coated finishes.

Disassembly of insulated glass units (IGUs) or frame assemblies by anyone other than Seller voids this warranty.

8. Disclaimer of Implied Warranties

Except as expressly stated herein, Seller disclaims all implied warranties, including warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

Seller’s total liability arising out of or relating to any product shall not exceed the purchase price of the specific product giving rise to the claim.

Under no circumstances shall Seller be liable for incidental, consequential, indirect, special, or punitive damages, including but not limited to:

  • Loss of profits
  • Loss of use
  • Business interruption
  • Water intrusion damage
  • Mold or structural damage
  • Property damage
  • Personal injury

10. Payment Terms

Payment terms are as stated on the Seller’s invoice or order confirmation.

Any unpaid balance more than thirty (30) days past due may be subject to a $250 administrative late fee and shall accrue interest at 2% per month (24% annually), or the maximum rate permitted by law, whichever is less.

Buyer agrees to pay reasonable collection costs, including attorney fees and court costs.

11. Force Majeure

Seller shall not be liable for delay or failure to perform due to causes beyond its reasonable control, including but not limited to:

  • Supply chain disruption
  • Raw material shortages
  • Tariffs
  • Labor disputes
  • Transportation interruption
  • Governmental action
  • Natural disasters
  • Utility interruption

12. Governing Law and Venue

These Terms shall be governed by the laws of the State of Washington.
Any dispute shall be brought exclusively in Clark County, Washington.
The prevailing party shall be entitled to recover reasonable attorney fees and costs.

13. Electronic Acceptance

Approval of quotation, payment of deposit, issuance of purchase order, or written electronic confirmation constitutes acceptance of these Terms of Sale.

Warm Regards,