FINISH – DOOR CONVERSIONS warrants against flaking or peeling of finish from normal wear and tear for a period of five (5) years from date of installation or delivery. All product finishes may age relative to exposure, such aging is not considered a defect and is not covered by warranty. Doors may be cleaned with a mild soap and water mixture. Cleaning with harsh chemicals including ammonia based products (e.g. glass cleaner) may damage the finish.
GLASS – DOOR CONVERSIONS warrants glass from fogging as a result of normal use for a period of five (5) years from date of delivery. DOOR CONVERSIONS uses guidelines established by federal standard ASTM C 1036-0 in accepting minor glass imperfections which do not impair structural integrity or obscure normal vision, including slight bubbles, lines, surface imperfections or discolorations; any imperfections in the glass not detected from within ten feet whilst looking through the glass.
SHIPPING/HANDLING – For all inserts, we require 100% of the cost to allow immediate shipment. It is reasonable to expect some scratching or scuff marks as a result of handling during installation process or shipping this is not considered a manufacturers’ defect.
FAILURE OF CUSTOMER TO PAY –
In the event that DOOR CONVERSIONS must collect amounts due and unpaid from Customer, Customer agrees to pay all costs allowed by law and reasonable attorney’s fees incurred in collections efforts. Any due and unpaid amounts owed by you (customer) to DOOR CONVERSIONS shall accrue interest at the current prevailing rate as permitted by law, per month. In the event of a returned check, an administration fee of $100.00 shall be assessed, in addition to bank charges paid by DOOR CONVERSIONS.
DISPUTE – In the event a dispute arises regarding work completed by DOOR CONVERSIONS, this agreement, or any aspect of this project, the parties agree to resolve the matter amicably prior to mediation or arbitration. If not, the parties agree to submit the dispute to non-binding mediation with a mutually selected mediator. If mediation fails, the parties agree to resolve the matter through binding arbitration. The parties agree to use the American Arbitration Association or a mutually selected arbitrator service and/or arbitrator. The arbitration shall take place in Santa Clara County. The owner’s initial filing fee to initiate the arbitration shall not exceed normal court filing and service fees. The arbitrator shall be an attorney in California, shall concentrate in construction law and shall have full power to rule on all matters of the dispute. The parties mutually agree to waive their right to a trial by jury. The prevailing party (who obtains the majority of the relief it seeks) is entitled to recover its reasonable and necessary attorney’s fees.
FORCE MAJEURE CLAUSE – Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure:
1. Acts of God, such as severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions;
2. War, acts of terrorism, and epidemics;
3. Acts of governmental authorities such as expropriation, condemnation, and changes in laws and regulations;
4. Strikes and labor disputes; and
5. Certain accidents. Economic hardship typically is not enough to qualify as a force majeure event on its own.
INDEMNITY – The client agrees to indemnify and hold DOOR CONVERSIONS and its affiliates harmless from and against any and all liability, claims, losses, costs, and expenses including but not limited to attorneys’ fees. This indemnification and obligation to hold harmless will survive the termination of these terms and conditions.
*All other warranties, whether express or implied, including but not limited to warranties of merchantability and fitness are hereby expressly excluded. There are no warranties which extend beyond the description on the face hereof. Failure of customer to pay DOOR CONVERSIONS in full under this contract shall void the warranty set forth herein and such warranty shall be deemed null and void.
**Please note that the specific product specs on this estimate/invoice supersedes any and all prior conversations had, be it via email, phone call, or otherwise, and the specs noted on this estimate/invoice to be signed will be final. If there is any confusion on any of the specs, including swing, glass options, measurements, top shape, etc, please make certain to bring that up with your sales person prior to signing this estimate/invoice. DOOR CONVERSIONS is not responsible for incorrect specs as they appear on this estimate/invoice.
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