Click4Windows - Terms and Conditions

TERMS AND CONDITIONS

1. Entire agreement - This document states the entire agreement between Owner and Contractor. NO REPRESENTATIONS, PROMISES OR WARRANTIES, EXPRESSED OR IMPLIED, HAVE BEEN MADE BY CONTRACTOR TO OWNER EXCEPT THOSE TO WHICH ARE STATED IN THIS AGREEMENT. This Agreement cannot be changed by any conversations between Owner and Contractor. Any changes must be in writing and signed by Owner and Contractor. Contractor or its manufacturer may at its sole option, upgrade a product to similar or higher quality.

2. Assignment - It is agreed that Contractor shall have the right at anytime to sell, transfer, or assign this Agreement and the money to be paid under this Agreement.

3. Resultant Damages/Contractor Liability – Contractor shall not be liable for the following: (1) any resultant damages to premises or material located on the premises, (2) any damage to trees, shrubs, flowers, grass, or landscaping, (3) shades, blinds, or any other window treatments not fitting into the openings after work is completed; however, this does not mean that they will not fit, but it does happen on certain types of installations, (4) any caulk fumes or any other fumes caused by building materials Contractor provides, (5) any code violations existing at the time of this Agreement, (6) any window AC units, alarms, or security bars, and Contractor is not responsible for reconnecting or fitting these items, (7) alarms or doorbells except that in the event that Contractor damages Owner’s doorbell, Contractor will attempt to replace it with a wireless doorbell kit. Contractor will reinstall satellite dishes to the best of its ability, but Owner is responsible for contacting provider to restore service. In the unlikely event of ceiling damage on the interior, Contractor agrees to pay for the painting of that section only. Many homes are not square. It is not Contractor’s responsibility to change the structure of Owner’s home. Some homes have rafters that do not line up, creating an appearance of sagging. Contractor is not responsible for correcting this look. Contractor does not guarantee against any paint dings, dents, nicks, nail pops, paint scraping, or flaking. Contractor is not responsible for cleaning debris or resultant damage to unprotected property in attic. Contractor does not do any painting, decorating or wood finishing. If replacement of joists or beams is necessary, there will be an additional charge for this labor and materials. Owner shall expect to lose a certain amount of glass space/daylight opening when installing replacement windows. If, due to size limitations, we are unable to make the windows with triple pane, we will substitute with double pane energy efficient Energy Star compliant glass. The U-Value could be higher. When any work is performed, Owner shall expect paint, plaster, drywall to crack or loosen. Owner shall expect a certain amount of debris in attic associated with roof work. Michigan Uniform Energy Code requires a thermal barrier with a minimum R-Value of 38, for roof/ceiling assemblies of any new construction homes in zones 2 & 3, and a minimum R-Value of 30 for all new construction homes in zone 1. Because the aforementioned Energy Code is the accepted standard for new construction, Click4Windows will not be responsible for any moisture transfer that may occur, or ice damming caused from insufficient insulation, in any attic area located under a roof system installed by Click4Windows. Measurements contained in this Agreement are good for pricing ONLY. Trained measure-men take actual measurements. In the event that a dumpster is needed for removal of debris, Owner agrees to have such dumpster placed in his or her driveway. Contractor is not be responsible for any damage the dumpster may cause to the driveway. In order to install roof properly, if customer has existing gutter protection, we will reinstall to the best of our ability. In the event that we are unable to reinstall, we will replace it with Click4Windows gutter protection system. Gutter helmet warranty will be voided. We are not responsible for manufacturers warranty issues.

4. Workmanship Guarantee - As is further described in the labor guarantee provided to Owner, subject to certain terms and conditions, Contractor guarantees its workmanship under this Agreement. Owner should review the labor guarantee for specific details regarding the scope of the guarantee. Owner may review guarantee anytime on our website at www.Click4Windows.com

5. Delay/Unknown Conditions - Events beyond the control of Contractor, such as Acts of God, labor strikes, inclement weather, material shortages, Owner’s inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting, or other required authorizations for the job, or other events resulting in delays in performance of this Agreement do not constitute abandonment and are not included in calculating time frames for performance by Contractor. In the event that Contractor determines that this Agreement cannot be performed as intended by the parties due, for example, to incorrect pricing, unforeseen structural defects, or pre-existing conditions to Owner’s property, Contractor may cancel this Agreement within 30 days of its execution, notify Owner of such cancellation in writing and return all monies paid by Owner. Contractor and Owner have determined that a definite completion date is not of the essence to this Agreement. In accordance with the prices listed on the front of this Agreement, Buyer agrees to pay for additional wood repair, as it is necessary to replace all weak, rotted, wet, or splintered wood to guarantee a sound installation. The amount paid by Buyer for this work shall be in addition to the original contract price listed on the front of this Agreement. In the event that Contractor determines that additional wood repair is needed, Buyer agrees to enter into a change order with Contractor to reflect such additional wood repair/additional cost. Contractor shall be entitled to suspend performance under this Agreement if Buyer does not authorize/pay for this additional wood repair.

6. Time for Performance - It is understood by all parties that time is of the essence for this Agreement, and all work contracted for shall be performed as soon as scheduling, materials, and weather conditions permit. Contractor shall not be liable for delays caused by strikes, weather conditions, delay in obtaining material, permits, illness, transportation failure or other causes beyond its control. Owner agrees to make available to Contractor access to electrical service, and running water. Owner further agrees that he or she is responsible for any electrical service charges, or water costs that are used by Contractor in the course of performance of this Agreement. In the event the Contractor needs to reset an installation for reasons other than weather, (i.e., truck breakdown, sick installer) Contractor will credit Owner’s account $100.00.

7. Stipulated Damages - If Owner cancels, rescinds, or otherwise terminates this Agreement after the expiration of the applicable cancellation period provided for in this Agreement, if any, then Owner agrees to pay to Contractor the following to offset (1) Contractor’s incurred costs in preparation for work and (2) damages, including lost profits, that are difficult to determine. The parties agree that the following formula is a reasonable estimate of the actual damages that Contractor will suffer if the Owner does not allow Contractor to perform this Agreement.

A. One third of the contract price and,
B. Contractors actual cost for any custom ordered products made for owners job if any.

8. Arbitration of Disputes - Contractor and Owner agree that any and all disputes, claims, or controversies (hereafter referred to as a “Claim”) arising under or relating to this Agreement and any related documents, loans, security instruments, accounts, or notes, including by way of example and not as a limitation: (i) the relationships resulting from this Agreement and the transactions arising as a result thereof; (ii) the terms of this Agreement; or (iii) the validity of this Agreement or the validity or enforceability of this arbitration agreement, shall be subject to binding arbitration to be determined by one (1) arbitrator, in accordance with and pursuant to the then prevailing Code of Procedure of the National Arbitration Forum (“NAF”), to be held and arbitrated in the judicial district in which Owner resides. Owner agrees that he or she will not assert a Claim on behalf of, or as a member of, any group or class. The findings of the arbitrator shall be final and binding on all parties to this Agreement. Each party shall otherwise be responsible for its own fees and costs, unless otherwise determined by the arbitrator. This agreement to arbitrate, and any award, finding, or verdict of or from the arbitration, will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of the demand for arbitration will be filed by the party asserting the Claim with the other party to this Agreement and with NAF. The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. Any arbitration proceeding brought under this Agreement, and any award, finding, or verdict of or from such proceeding shall remain confidential between the parties and shall not be made public. Further information may be obtained and claims may be filed at any office of the National Arbitration Forum, www.arbitration-forum.com, or by mail at P.O. Box 50191, Minneapolis, Minnesota 55405. Both Owner and Contractor are hereby agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to address their grievances or alleged grievances. The parties believe this will allow a faster and more cost-effective method of addressing a Claim. By entering into this Agreement and this arbitration provision, both parties are giving up their constitutional right to have any dispute decided in a court of law before a jury, and instead are accepting the use of arbitration, other than as set forth immediately below. Notwithstanding anything herein to the contrary, Contractor retains the option to use judicial or non-judicial relief to enforce the monetary obligation represented by this Agreement. Such judicial relief would take the form of a lawsuit. The institution and maintenance of such an action for judicial relief in a court to foreclose upon any collateral or to enforce or collect upon a monetary debt or judgment shall not constitute a waiver of the right of any party to compel arbitration of any Claim subject to arbitration in this Agreement, including the filing of a counterclaim by Owner in a suit brought by Contractor pursuant to this arbitration provision.

9. Licensing Disclosures

A. A Michigan residential builder or residential maintenance or alteration Contractor is required to be licensed under article 24 of Act 299 of the Public Acts of 1980, as amended, being sections 339.2401 to 339.2412 of the Michigan Compiled Laws. An electrician is required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being sections 338.881 to 338.892 of the Michigan Compiled Laws. A plumber is required to be licensed under Act No. 226 of the Public Acts of 1929, as amended, being sections 338.901 to 338.917 of the Michigan Compiled Laws.

B. Click4Windows is properly licensed with the States of Michigan license number 2102087035, and Ohio :- Columbus License # HIC-L3465 and Toledo License # 7279970.

10. Permits - Contractor agrees to pull any necessary permits for the work described in this Agreement. Owner agrees to pay for the actual costs of the permit and any necessary inspections. Owner also agrees to pay $28 handling fee for permits which include processing, postage and gas expense. Contractor will bill Owner for these charges. Owner authorizes Contractor to apply for building permits on Owner’s behalf from the city, village or township where the property is located. Owner gives Contractor permission, and appoints Contractor, to sign Owner’s name to the building permit application for the work in this Agreement. Owner authorizes Contractor to proceed with the installation while the application for a permit is pending. If the city, village, or township where the property is located requires code updates (such as smoke detectors) Owner must pay for those expenses. The current price for smoke detectors including installation is $100.00. Contractor is not responsible for code violations that exist prior to the date of installation. If the property is subject to other regulations that would affect the ability of the Owner to install the materials covered by this Agreement because of deed restrictions, a homeowners’ association, a Historic District Commission or any other reason, then Owner is solely responsible for notifying Contractor of these restrictions and assuring that those regulations or restrictions have been satisfied.

11. Notices - All notices and other communications required or permitted under this Agreement will be in writing and will be deemed given when delivered personally or by mail, addressed as follows: If to Contractor: to 977 E. 14 Mile Road, Troy, Michigan 48083. If to Owner: to the name and address appearing on the front side of this Agreement.

12. Attorney’s Fees - Should Contractor require the services of an attorney for the enforcement of any provision of this Agreement, Owner agrees to pay Contractor’s actual attorney’s fees.

13. Any amounts due to Click4Windows upon substantial completion of the job will be withdrawn from your account via an ACH transfer if not paid within 5 business days of the last day of work.

14. Interest - Any sums herein which are not paid when due shall bear interest at the highest legal rate, not to exceed one and one half percent per month (18% per annum), from date of original installation.

15. Contractor’s Rights Upon Discovering Estimating Error - If Contractor finds upon measuring that an estimating mistake has been made by Contractor’s sales person, Contractor expressly reserves the right to cancel this Agreement by giving Owner notice of cancellation within 30 days of discovery of the error.

16. Mold and Other Hazardous Substances -: Contractor is not responsible for conditions beyond its control, including existing or developing spore or mold growth. Mold may be due to condensation that may form on or within walls or other surfaces resulting from pre-existing conditions in Owner’s home and internal or external temperatures. Owner indemnifies and holds Contractor and its employees, authorized contractors, and their subcontractors from any claims as to the identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead- based products or other hazardous substances inside or outside of the structure being improved.

17. Severability - Whenever possible, each provision of this agreement Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If a provision is prohibited by or invalid under applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of such provision or the remaining provisions of this agreement.