Peninsula Glass Company
WARRANTIES AND GENERAL TERMS AND CONDITIONS
CONDITIONAL ACCEPTANCE OF ORDER: Peninsula Glass Company (“Peninsula Glass” ), (URL address “motionwindows.com” ), acceptance of customer’s order and therefore, the formation of a valid contract for sale, is EXPRESSLY CONDITIONED on Customer’s acceptance of the general terms and conditions as set forth herein and any additional terms and conditions indicated on the face of Peninsula Glass order confirmation or quotation form. By accepting delivery of the products described on the Peninsula Glass order confirmation or quotation form, you agree to be bound by and accept these terms and conditions.
Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) or services that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and the Company.
Delivery. Peninsula Glass use of the URL address “onedayglass.com” does not promise or guarantee shipment of the product within 1 day. Though most orders are shipped within this time frame, orders may take up to 5 business days to ship. Special orders may require additional processing time. All agreements are contingent upon strikes, accidents or material delays beyond our control.
Shipping Charges; Taxes. All costs of freight, transportation, or mailing and all demurrage charges shall be paid by Customer, unless the Peninsula Glass has agreed in writing to make shipments on a prepaid basis. Customer also shall pay for all increased freight rates, whether prepayment for freight rates has been made or not. Buyer shall not reject damaged shipments, but shall accept same and preserve its remedies against the appropriate party. Unless Customer provides Peninsula Glass with a valid and correct tax exemption certificate applicable to the product ship-to location prior to the Peninsula Glass acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated.
Payment Terms. Peninsula Glass shall determine terms of payment that are within its sole discretion, and unless otherwise agreed to in advance by the Peninsula Glass, payment must received payment prior to its acceptance of an order. Payment for products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to in writing by Peninsula Glass. Orders are not binding upon Peninsula Glass until accepted by Peninsula Glass. Any quotations given by Peninsula Glass will be valid only for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Collections. In the event it should it become necessary to bring collection proceedings against the Customer as a result of acceptance of an order, the Customer agrees to pay Peninsula Glass not only the past due balance, but also any reasonable and customary expenses incurred in the collection process, including but not limited to, collection agency fees, attorney fees, and court costs.
Warranties. Peninsula Glass products are warranted to be free from defects in material and workmanship for (1) year from the date of shipment to the original purchaser. Glass breakage is not warranted. Within this warranty period, Peninsula Glass will repair or replace, at its option, defective parts at no charge, provided the product is returned, “freight prepaid” to Peninsula Glass. This warranty does not cover improper installation, misuse, abuse or neglect on the part of the owner. Peninsula Glass ASSUMES NO RESPONSIBILITY FOR GLASS BREAKAGE.
CAUTION: Tempered glass must not be exposed to temperatures above 500F and 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 also voids any Peninsula Glass warranty provisions.
NOTE: THIS WARRANTY IS VOID IF THE PRODUCT IS DAMAGED IN HANDLING OR INSTALLATION OR THE PRODUCT IS BROKEN.
LIMIT ON REMEDIES IN EVENT OF FAILURE: In the event any Peninsula Glass product fails to perform as warranted, Peninsula Glass sole responsibility and PURCHASER’S SOLE AND EXCLUSIVE REMEDY under any warranty, contract, negligence or other claim of liability shall be limited to a refund of Peninsula Glass original selling price or, at Peninsula Glass option, furnishing the purchaser with another product without charge. In no event shall Peninsula Glass be liable for cost incurred in the removal of failed products, the installation of replacement products, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED AS NON-PERSONAL INJURY LOSSES. In the event a product is replaced pursuant to any applicable Peninsula Glass warranty, the replacement product is warranted only for the remainder of the warranty period applicable to the original product.
DISCLAIMER OF IMPLIED WARRANTIES FOR ALL PRODUCTS: Peninsula Glass MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE PRODUCTS, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF USE, OR ANY OTHER MATTER. In particular, Peninsula Glass assumes no responsibility for glass breakage, improper usage, failure of products on account of faulty installation or building construction or design, improper handling, customer processing or fabrication (including application of coatings, films, etc.) or failure to follow Peninsula Glass instructions regarding the products. No distributor, representative agent or employee has the authority to alter or change any product warranty, either orally or in writing. Peninsula Glass shall not be liable for any allegedly defective product unless Peninsula Glass first has the right to inspect such product and verify the defective condition.
SUITABILITY OF PRODUCTS: The Customer shall be solely responsible for determining the suitability for use of the products purchased from Peninsula Glass. Representations by employees or agents of Peninsula Glass (other than the warranties specified herein) concerning the suitability of Peninsula Glass products are not authorized by Peninsula Glass and may not be relied upon by the Customer.
PERMISSIBLE VARIATIONS, STANDARDS AND TOLERANCES: Except in the particulars specified by Customer and expressly agreed to in writing by Peninsula Glass, all material shall be produced in accordance with Peninsula Glass standard practices. All material, including that produced to meet exact specifications, shall be subject to tolerances and variations consistent with usages of the trade and regular factory practices concerning dimension, weight, straightness, section, composition and mechanical properties, normal variations in surface, internal conditions and quality and deviations from tolerances and variations consistent with practical testing and inspection methods.
CHANGES IN ORDER: Peninsula Glass reserves the right to void any quotation for price or terms in the event the customer to whom such quotation is made changes his order with respect to any factor reflected in price or other terms originally ordered or quoted.
FORCE MAJEURE: Shipment of goods is contingent upon strikes, work stoppages, accidents, production delays, shortages, acts of God, delays of carriers or priorities of government or any department or subdivision thereof or any other manufacture or shipment of the goods in accordance with the terms of this contract or its established practices and procedures.
WE ASSUME NO RESPONSIBILITY FOR BREAKAGE IN TRANSIT: Breakage on arrival should be noted on Bill of Lading and a claim filed PROMPTLY with carrier.
PREVAILING PRICE: Unless specifically indicated otherwise in writing, all orders at the prevailing price are deemed to be at the price prevailing the date of shipment.
FINAL ACCEPTANCE OF ORDERS: All orders are subject to final acceptance at Peninsula Glass Company in Vancouver, Washington. The mailing of Peninsula Glass Order Confirmation Form or shipment of the ordered products evidences conditional acceptance and final acceptance is effective according to the provisions herein.
CHANGE OF TERMS: Prices, terms and conditions of sale are subject to change without notice.
PRICE QUOTATIONS: All prices are quoted in U.S. dollars.
PAYMENT OF TAXES: Any federal, state or municipal tax imposed by virtue of the sale hereunder shall be added to the invoice and paid by the purchaser without discount.
NON-WAIVER: Waiver by Peninsula Glass of a breach of any of the terms and conditions of this sale shall not be construed as a waiver of any other breach. The mere passage of time shall not constitute a waiver under the terms and provisions of this sale.
CANCELLATIONS: Once an order is placed and accepted by Peninsula Glass, it may be cancelled only with the express consent of Peninsula Glass and upon terms that will indemnify the Peninsula Glass against loss including but not limited to the cost of material procurement or fabrication undertaken. Notwithstanding the foregoing, in no event may any order be cancelled after 5 business days from the Peninsula Glass acceptance of Customer’s order.
RETURN POLICY: You are purchasing a custom product and no refunds, exchanges, or returns are allowed. Any returns require the express consent of Peninsula Glass and must be approved in advance.
Peninsula Glass Company • Corporate Headquarters • 6005 NE 121st Ave, Vancouver, WA 98682 • Tel 360-892-2029 • Fax 360-892-8152