Glass And Glass Terms & Conditions

“GLASS AND GLASS” SALES AGREEMENT – ATTACHMENT “A”

“Glass And Glass” is a CUSTOM ARCHITECTURAL GLASS AND STEEL FABRICATOR. Large or complex orders may require an extended lead-time. Customer will be given an estimate lead time, and Customer order will begin production after “Glass And Glass” have received the following:

1. A SALES ORDER and SALES AGREEMENT SIGNED by Customer with the designated payment received.

2. SHOP DRAWINGS approved by Customer and second payment received. Also exact sizes, quantities, and any special edge condition, shapes, drilling for custom work are needed.

3. A signed CONTROL SAMPLE APPROVAL. At that time, a Customer Service Representative will be able to give Customer an approximate lead-time, based on actual production workload.

SIZE LIMITATIONS: Some products are limited in size due to the glass manufacturing, pattern direction and fabrication techniques. Before specifying a product, please contact a Customer Representative.

ADDITIONAL DESIGN WORK: If additional design is needed and/or above agreed scope, a fairly hourly rate will be charged.

PAYMENT TERMS: All orders are custom made. Once work begins, deposits will not be returned. Customer/GC will pay Deposit with Draws as work progresses, leaving 5% balance at time of final installation.

“Glass And Glass” schedule of values will be used for projects requiring AIA pay application. “Glass And Glass” will submit to Customer a schedule of values along with a notarized “conditional release of lien” which will be effective when payment is received and has cleared. Customer/GC may come to Factory to inspect materials prior payment.

If a progress payment is not received within a 10-day grace period, the job will be stopped, and an additional set up fee of $1,000.00 might be charged for the disruption of production.

Invoices not paid within 15 days will be subject to a service charge of 1-1/2” per month compounded on all past due accounts. “Glass And Glass” reserve the right to cancel agreement after 60 days of non-payment from the date of any invoice.

PRICING TERMS: Prices may change based on final measurements and upon final shop drawings, if exceeds 10% allowance. If original scope of work is changed in any way, "Glass And Glass" is not bound by original schedule of delivery, pricing and terms. All prices will be subject to escalation costs if any, in the event that Customer delays the project.

LEAD TIME: Due to the fabrication process and nature of products, lead times are set as a guidance and cannot be taken as exact. Therefore a waiver exists and is accepted by Customer.

In the event engineering require changes in scope of work due to engineer recommendations, building code new addendum, or extra requirements by City, “Glass And Glass” will not be bound by original terms and conditions.

Due to the nature of glass, any type of architectural glass might break during production. If this happens, “Glass And Glass” will remake glass and make an additional delivery if necessary at no additional cost. This might affect lead time, therefore a waiver exists and is accepted by Customer.

In the event Customer chooses to cancel job, “Glass And Glass” will be paid for all job performed, work in progress and stored materials, and No Refunds should be made to Customer. A waiver therefore exists and is accepted.

MATERIALS READY BEFORE SCHEDULED INSTALLATION: All ready materials will be either delivered to job site or stored in our facilities until job site is ready to accept installation, and “Glass And Glass” will receive payment balance leaving only 5% at time of final installation. Customer may come to “Glass And Glass” premises to inspect materials prior payment.

MATERIALS DELIVERED AT JOB SITE: All materials delivered to job site will be accompanied with a Packing List to be signed by Customer/GC at time products are received. In the event any material is lost at the job site, Customer shall be responsible for additional cost of reorder, and “Glass And Glass” will not be bound to original schedule.

In the event that materials delivered are being damaged by others at job site, Customer/GC shall be responsible to pay for damages.

INSTALLATION: Customer will be billed additional trip charges in the event areas are not ready for field measure/installation yet "Glass And Glass" has been told by Customers or their designate that areas are ready to proceed.

INSTALLATION IN PROGRESS: “Glass And Glass” products that are installed in stages, cannot be used by owner, GC or any other vendor at the job site. A waiver of liability therefore exists towards “Glass And Glass” and is agreed.

In the event the product goes through Permit, products cannot be used until final inspection is done by City, unless authorized in writing by “Glass And Glass” and Customer/GC follow safety guidelines.

JOB PERFORMANCE: For “Glass And Glass” products to be working properly and be covered by warranty, all job site conditions must be up to code, and it is Customer responsibility to make sure all walls are plump, floors are leveled, and concrete accepting our products to be as per code.

Customer shall be liable to “Glass And Glass” for all costs “Glass And Glass” will incur due to Customer not complying with codes required by City for support done by others that will receive our products, which might include uninstalling and reinstalling products.

Customer will hold “Glass And Glass” harmless from any liability whatsoever due to Customer’s failure to follow compliances and safety guidelines. A waiver exists and therefore is accepted.

WARRANTY: “Glass And Glass” warranty applies to all products paid in full. See “Glass And Glass” complete warranty and liability.

STORAGE: In case of no delivery of materials due to lack of payment from Customer, “Glass And Glass” may charge a monthly fee to be added to the invoice due, pending upon factory space for materials allocation.

GOVERNMENTAL FEES: Governmental fees, including but not limited to Property Taxes, Sales Taxes, Permit fees, and penalty fees if any, shall be paid by Owner.

JOBS THAT GO THROUGH PERMITS: If permit is closed by City due to delay from Customer’s job site, renewal cost to be paid by Customer.

CUSTOMER SUPPLIED GLASS ONLY: "Glass And Glass" is not responsible for the handling of customers materials. In the event "Glass And Glass" chooses to fabricate glass provided by Customer, "Glass And Glass" is not in any way responsible nor liable if customer's glass breaks, scratch, chip, etc. while is being handled by "Glass And Glass". Customer responsible for glass replacement and any associated installation charges. All work is done at the risk of the customer.

CUSTOMER SUPPLIED DIMENSIONS ONLY: "Glass And Glass" will build product to client supplied specifications. In the event that glass does not fit but is deemed to be as per the specifications supplied, "Glass And Glass" will be paid in full for products. Replacement product will be at full cost.

TEXTURED/CAST GLASS DISCLAIMER: Due to the nature of the architectural glass, variation in lamination, casting, texturing and slight imperfections such as small bumps, lines, etc. can occur. No remake should it be under these circumstances, therefore a waiver exists and is accepted.

TEXTURED/CAST GLASS TEMPERING DISCLAIMER: Fully tempered glass is subject to the risk potential of spontaneous breakage. Various textures have a tendency to bow during the tempering operation. No remake should it be under these circumstances. A waiver therefore exists and is acceptable. Temper bugs might be present on textured side of glass due to process during tempering cycle. A waiver therefore exists regarding control of placements of bugs and no remake will be made if stamp is visible on either smooth or textured side of glass pieces.

GLASS STANDARDS: In the conventional glass industry it is common to have small hairline scratches. As an industry standard, if Customer cannot see the mark from 3 feet away from the glass, then the piece is acceptable.

WOOD CRATE CHARGES & FREIGHT CHARGES: Subject to re-quote at time of actual shipment.

NATIONAL SHIPMENT: All our glass products are safely packed for national and international shipping. It is customer responsibility to insure freight and place claim with freight carrier in case of glass breakage.

INTERNATIONAL SHIPMENT: Customer is responsible for all custom clearance, duties, tariffs and/or fees.

FLORIDA NOTICE TO OWNER: Under Florida Law, a Notice to Owner is placed to any property where a job is performed. Notarized releases of lien will be submitted along with request of payment.

CONTRACT ACCEPTANCE: The prices, specifications and conditions are satisfactory and hereby accepted. If payment is not made within 15 days from invoice date, "Glass And Glass" will be entitled to a service charge of 1-1/2% per month compounded on all past due accounts. It is agreed that in the event any dispute arises regarding this contract, the prevailing party shall be entitled to interest at the legal rate, together with all collections charges incurred, including attorney's fees. Any form of acceptance of this contract (i.e. verbal, signature or payment toward the job) indicates your acceptance of terms and conditions.

SAFETY RATINGS FOR GLASS : Our glass products fulfill the requirements for ANSI Z-97.1-2004 American National Standard for Safety Glazing, materials Used in Buildings - Safety Performance Specifications and Methods of Test. “Glass And Glass” also qualifies for 16 CFR 1201 (Consumer Product Safety Standard / CPSC), Safety Standard for Architectural Glazing Materials.

SAFETY RATINGS FOR GLASS RAILINGS SYSTEMS: “Glass And Glass” Flextech Railing Systems comply with 2007 Florida Building Codes, as per latest dated signed and sealed shop drawings submitted and approved by City. In the event City and/or Florida Building Code require new test and /or increase requirement conditions, this extra cost shall be paid by Customer.

DISCLAIMERS & WARRANTIES

DISCLAIMER

ART GLASS AND HAND MADE METAL PRODUCTS

METALS : Some of our handrail hardware is a hand made, hand polished products. Minor imperfections may be noticed on the stainless steel joints. It is the nature of these materials to have small flaws and it is humanly impossible to achieve perfection. Customer must understand that this will not be categorized as defective products.
GLASS : The glass may have minor imperfections , and anything that is not seen at 4 feets away., it is considered within standards. Air bubbles, texture and color glass may also occur, even though is the same tone of glass . This cannot be controlled and will vary within a sheet.
FABRIC & HANDMADE PAPER IN GLASS : Many fabrics are made of natural fibers which may have slight variations in weave and color. These characteristics are not to be considered flaws. Every attempt will be made during fabrication to maintain a consistent and even distribution. Some directional variations may occur which cannot be prevented. Fabrics may also be affected by light and cannot be guaranteed for color-fastness.

BACK-PAINTED GLASS: Samples are represented of color, opacity, finish and performance. Slight variations may occur during fabrication.

PATTERN ALIGNMENT : Due to the nature of rolled glass, we cannot guarantee the pattern will align perfectly. Every effort will be made to fabricate this glass to your specifications.

WIRE IN GLASS :Our wire mesh products are produced for industrial use, not aesthetic appearance. Some inconsistencies of weave and color will occur throughout the mesh. Every attempt will be made during fabrication to maintain a consistent and even distribution of the mesh. Some directional variations may occur which cannot be prevented.

HAND-TINTED INTERIOR ETCHED : This is an artistic process in which custom colors are hand applied. Every effort will be made to supply a consistent product. Slight variations in color saturation mat occur due to humidity and temperature. This product may appear dramatically different in various lighting conditions. Therefore, samples must be viewed in lighting which closely simulates the final installation.

CUSTOM COLOR & LIGHT DIFFUSING INTERLAYERS : Every attempt is made in production to match colors that have been specified. However, slight variations may occur in manufacturing.

INTERIOR GLASS DOORS AND PRODUCTS : All our glass doors and products are for interior purposes only. They are not rated for ADA steam direct use or fired rated partitions. All of our door and products must be installed by a Local Licensed Glass and Glazing Contractor, and it is the duty of the Customer to hire a local structural engineer to do signed and seal shop drawings unless Glass & Glass Company is hired to do that in writing. All shop drawings must be presented by Customer to the City where the job site is located for proper building code permitting.

Maintenance and Care for Architectural/Artistic Glass

For best results and to maximize the performance of the Architectural/Artistic Glass, it is suggested to reapply a sealing to the glass once a year or as required, which will maximize the long life protection of your glass. This service is offered by Glass And Glass at an additional cost,

If your decorative/artistic glass is exposed to the environment, it is recommended that you clean your decorative glass twice as frequently or as required.

For architectural glass that has satin process, if grease or stain gets to the satin, glass must be treated with alcohol and plenty of water. If there is any re-seal to be done after stain is taken off, please contact us for further instructions.

DO NOT USE any abrasive scouring powders or pads, highly acidic / alkaline cleaners or sharp instruments to clean your artistic Glass. These can permanently damage the glass. Avoid Glass Cleaners with ammonia. Never use commercial strength cleaners or products on Glass.

An effective and inexpensive glass cleaner that will not harm the artistic Glass is a simple mixture of 80% water and 20% vinegar. Place mixture in a spray bottle, apply to glass and wipe clean.

Ammonia Free “CRL Sprayway” can also be used and is found on supermarkets.

(The durability of the special protection may be affected by harshness of the environment and the type of cleaning compounds and methhods used. Such matters are outside the control of the manufacturer).

WARRANTIES

LIMITED WARRANTY FOR COMMERCIAL AND RESIDENTIAL HARDWARE AND PRODUCTS

WARRANTY INFORMATION : Hardware and Products that are not covered by specific warranties are subject to the following general warranty.All Rolando Serra Inc DBA Glass and Glass (“G&G”) Commercial and Residential

GENERAL WARRANTY : G&G warrants to our immediate customer only, that our Commercial and Residential Hardware and Products will be free of material defects and defects in workmanship for a period of twelve (12) months from date of receipt by G&G’s customer. All warranty claims are subject to inspection by G&G prior to G&G providing a remedy for the warranty claim.

This Warranty will not apply if after inspection by G&G, it is determined that the Commercial and Residential Hardware and Product has been installed and maintained in a manner that is not in conformity with the instructions and guidelines set forth by G&G for proper installation and maintenance. This Warranty does not cover failures caused by abuse, misuse, improper maintenance, alterations, modifications, neglect, fire, war, flood, earthquake and acts of God.

G&G’s responsibility to provide a remedy under this Warranty shall be limited to either a refund of the purchase price, or to provide a replacement of the Commercial and Residential Hardware and Products. The refund or replacement shall constitute the limit of G&G’s liability and obligation for any material defect or defect in workmanship in a Commercial and Residential Hardware and Product.

This Warranty is exclusive, and G&G makes no other warranty, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. In no event shall G&G be liable under any legal theory (including but not limited to contract, negligence, strict liability in tort, or warranty of any kind) for any indirect, special, incidental, consequential, or exemplary damages (including but not limited to lost profits).

DISCLAIMER, STORAGE AND CLEANING INSTRUCTIONS FOR DECORATIVE LAMINATED GLASS .

DISCLAIMER

These are not Fire Rated Products nor are designed to absorb heat or be close to any kind of heat.

This glass cannot be re-cut, re-glued or re-polished without damaging the edge seal of lamination. In case this happens, warranty will be voided.

CLEANING : All our glass must be cleaned with professional glass cleaners that have no ammonia, or a solution must be made with Palmolive dish soap on a rate of 10% soap to 90% water. If grease or stain gets to the sandblasting, glass must be treated with alcohol and plenty of water. If there is any re-seal to be done after stain is taken off, please contact us for further instructions.

PRODUCT & LIABILITY WARRANTY :

No warranty for glass breakage. The warranty covers delamination and decoloration for a period of five (5) years from date of manufacturing, for reasons other than negligence, lack of maintenance, improper handling or use of glass without local engineering. Glass and Glass will replace the glass panels for new ones FOB Florida, but it shall not be liable for freight, hardware or labor cost to replace glass.

Please refer to “Glass and Glass Product & Liability Warranty for Laminated Glass” attached for more details.

NOTE : DISCLAIMER, STORAGE AND CLEANING INSTRUCTIONS FOR DECORATIVE LAMINATED GLASS FOR HANDRAILS, DOORS AND FURNITURE : twelve (12) months warranty.

FOR HANDRAIL, GLASS DOORS & GLASS FURNITURE, INCLUDING LAMINATED.

SELLER warrants :

a) Each handrail, glass door and glass furniture, to have a warranty for a period of twelve (12) months from date of manufacture, dated ______ _______________ .

b) Glass and Glass do hereby warranty that all labor and material furnished is in accordance with the contract documents, approved shop drawings, and authorized modifications thereto, and will be free from defects due to defective material or workmanship for a period of twelve (12) months from the date of Substantial Completion (manufactured date).

The above warranties are subject to the following terms and conditions:

1. The warranty shall be void if any Glass Product have been damaged in handling or installation; or have not been installed with Glass and Glass’ Glazing Guidelines; or have been subjected to stress or strain by reason of localized application of heat which causes excessive temperature differentials over the surface or edges; or have not been protected against movement of building structure; or have been installed without provisions required by sound practices for adequate expansion and contraction of framing members; or have been stored in humid areas; or have been subjected to contact with acetoxy cure sealants; or have not been otherwise properly handled, installed, modified or changed in any way. The manufacturer reserves the right to field inspect and make final determinations as to warranty validity for any architectural-decorative laminated and/or tempered glass, handrail, door or glass furniture, security or hurricane glazing products, glass-clad or laminated polycarbonate products or insulated units which is alleged to be defective. Seller warrants its terms and conditions supercede all Purchaser request for variations, unless Seller accepts such variations in writing prior to manufacturing and shipments of materials.

2. Any Glass Product glazed by materials which do not completely repel water for the life of the warranty, or with materials which do not remain resilient for the life of the warranty, or with materials that deteriorate the Glass Product, security or hurricane glazing products, glass-clad or laminated polycarbonate products or insulated units will not be covered by the warranty.

3. There is no warranty for product breakage. The buyer is responsible for processing any and all freight claims.

4. Glass and Glass assumes no responsibility for, and this warranty shall not apply to glass that has not been paid in full.

5. The warranty shall not apply to what is considered glass and glazing standards.

6. Warranty for the Glass Product installed outside of the United States, will be issued contingent upon consideration of product application and warranty requested.

7. THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER END PURPOSE OR USE AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. BUYER SHALL ASSUME ALL RISK AND LIABILITY FOR RESULTS OBTAINED BY USE OF THE PRODUCTS WHETHER SINGLY OR IN COMBINATION WITH OTHER MATERIALS OR PRODUCTS.

Due to the inclusions of hidden or visible “stones” in glass which are detrimental to the strength and appearance of glass and which may cause “spontaneous breakage” (most often found in tempered glass products), a warranty will not be considered or issued for breakage due to nickel sulfide, quartz, silicone, devitrification, scum, aluminous, cristobalite, batch or other stones formed by insoluble grains of contaminating minerals and raw materials.

LIABILITY UNDER ANY WARRANTY BY SELLER IS LIMITED TO THE REPLACEMENT OF THE MATERIAL ONLY AND THIS INCLUDES REPLACEMENT OF THE GLASS PRODUCT WITHOUT CHARGE, FOB GOOD HOPE, FLORIDA. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL EXPENSES, SUCH AS LABOR COSTS, ANY FREIGHT COST, ARISING FROM OR ALLEGED TO HAVE ARISEN FROM THE USE OF ANY PRODUCT COVERED HEREIN. GLASS AND GLASS LIABILITY DOES NOT EXCEED THE INVOICE VALUE. THIS WARRANTY DOES NOT COVER REPLACEMENT OF GLASS PRODUCT BEYOND THE WARRANTY PERIOD APPLICABLE TO THE ORIGINAL PRODUCT PURCHASED.

NO DISTRIBUTOR, DEALER, REPRESENTATIVE OR EMPLOYEE OF GLASS AND GLASS HAS AUTHORITY TO CHANGE OR MODIFY THIS WARRANTY IN ANY RESPECT.

GLASS AND GLASS IS NOT TO BE HELD LIABLE FOR DAMAGES OR EXPENSES DUE TO THE FOLLOWING: LATE DELIVERY OF RAW MATERIALS, MANUFACTURING DELAYS, DEFECTIVE OR BROKEN PRODUCTS (EXCEPT TO EXTENT OF EXPRESS WARRANTY), INTERNAL ERRORS, IMPROPER HANDLING OR NEGLIGENCE BY BUYER, DELAYS DUE TO STRIKES, FIRES, DELAY OF CARRIERS, PRIORITIES OF THE GOVERNMENT OR ANY DEPARTMENT THEREOF, NATURAL DISASTERS, ACTS OF GOD OR ACTS THAT ARE UNAVOIDABLE AND BEYOND THE CONTROL OF GLASS AND GLASS.

GLASS AND GLASS PRODUCT & LIABILITY WARRANTY

FOR DECORATIVE LAMINATED GLASS UP TO 48" x 48".

SELLER warrants :

a) Each unit of architectural-decorative laminated glass, to have a warranty for a period of five (5) years from date of manufacture, dated ______ _______________ .

b) Glass and Glass do hereby warranty that all labor and material furnished is in accordance with the contract documents, approved shop drawings, and authorized modifications thereto, and will be free from defects due to defective material or workmanship for a period of five (5) years from the date of Substantial Completion (manufactured date).

The above warranties are subject to the following terms and conditions:

3. There is no warranty for product breakage. The buyer is responsible for processing any and all freight claims.

4. Glass and Glass assumes no responsibility for, and this warranty shall not apply to glass that has not been paid in full.

5. The warranty shall not apply to what is considered glass and glazing standards.

6. Warranty for the Glass Product installed outside of the United States, will be issued contingent upon consideration of product application and warranty requested.

NO DISTRIBUTOR, DEALER, REPRESENTATIVE OR EMPLOYEE OF GLASS AND GLASS HAS AUTHORITY TO CHANGE OR MODIFY THIS WARRANTY IN ANY RESPECT.