Terms and Conditions
All Orders are subject to these General Terms:
ACRE Windows & Doors to furnish labor and materials to complete the work specified above for the amount shown below in accordance with and subject to the terms and conditions below, which are part of this agreement. The Company carries Workers Compensation and Liability Insurance in the amount of $2,000,000. Work will be performed in accordance with company specifications. Trash removal is included in this contract. Customer is responsible for painting/staining of all interior trim moldings and new window frames. Do not place your order until you read all Terms and Conditions. If your order involves an installment sale, under state law you have the right to pay off the full amount due in advance and under certain conditions to obtain a partial rebate of the finance charge. Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debt hereunder. All payments after the amount paid upon Order are to be paid by Cash or Check, Credit Cards are not accepted. Due on Completion amount must be paid when window units are installed and operational.
- Except to the extent expressly provided by applicable law, it is expressly understood and agreed that this order is binding immediately when terms and conditions are agreed to and cannot be canceled thereafter, and it is further agreed in that the Customer shall pay to the Company, as liquidated damages for breach of contract, a sum amounting to 25% of the cash Contract Price, plus Company's costs to date, if customer terminates this contract without the consent of the company after expiration of any cancellation time limit allowed by law.
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Limited warranty: Company warrants the installation of the work for a period of two years from the date installation is completed. Company will provide, free of charge, all service labor necessary to repair the installation during this 2 year warranty. This warranty is in addition to the manufacturer's warranty of materials and workmanship, which will be issued and become effective only after Customer has paid Company in full. This warranty does not include damag to the work resulted from accident, misuse, improper operation or unauthorized repair or alteration. Tom screens, malicious destruction or damage due to natural causes are excluded from this warranty.
Note: Condensation on interior surface of glass is a natural result of moisture in the home and may vary with changes in temperature or humidity. The company does not give any warranties that condensation will not occur. You may obtain warranty service by calling or writing to the Company at the address and phone number listed on the reverse side of this agreement. This warranty constitutes the entire warranty with respect to the work and there are no implied warranties of merchantability or fitness for a particular purpose. Company shall not be liable for any incidental or consequential damages resulting for breach of this warranty. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific rights and you may also have other rights which may vary from state to state. - Approvals, Permits & EPA Lead Paint Practices: Company is not responsible for building and other permits, ,if necessary, for installation of the work. Customer is responsible for obtaining Homeowners Association approval of work, if necessary, and agrees to allow Company to alter material specifications to comply with HOA requirements without Customer consent provided total Cash Price is not changed. Company will not be responsible for costs associated with obtaining permits or additional work required by any municipality including, but not limited to, upgrade of smoke detection/carbon monoxide systems. Costs associated with performing the installation in accordance with EPA Lead Paint Practices are not included in this agreement and will be billed separately at commencement of work on a time and materials basis, unless otherwise noted on the reverse. Customer is hereby notified that “ACRE” branded vinyl windows are manufactured by Harvey Industries under a private label agreement. Company reserves the right to substitute materials without consent of customer provided substituted materials are of equal or greater value, as determined by Company.
- Other customer responsibilities: Customer agrees to provide access to job site. The customer thereby authorizes the Company, and agrees to obtain consent for the company, to enter the premises, and any adjoining premises, if necessary, in order to enable the company to commence or complete the work to be performed hereunder. Customer is responsible for removal of blinds, curtains & drapes, etc. Customer is responsible for, and releases company of; any liability for damage to any landscaping, shrubbery, lawn, etc. in the general proximity of the job site. Damage to the job site access route is the responsibility of the customer.
- Work under the agreement is scheduled to start approximately 120 days after the date of this agreement and be completed approximately 180 days after of the date of this agreement. This time frame may be extended due to delays beyond the control of the Company. Upon installation, in the event Company must re-order units that were mis-measured, damaged, or delivered by the manufacturer not as specified, buyer agrees to pay an amount equal to the full contract price less $500, (five hundred dollars), when all other door and window units not requiring re-order are installed and operational. Remaining balance of $500 is due immediately upon installation of the re-ordered units. Customer agrees not to withhold any monies upon installation if windows are installed and auxiliary materials such as screens or hardware need to be re-ordered, repaired, or replaced.
- If judgment is entered in connection with this contract, interest will accrue on all sums owed at the rate of twelve percent (12%) or the highest interest rate allowed by applicable law, whichever rate is lower. Parties agree that venue for any disputes will be Montgomery County PA. The Company is a registered Pennsylvania home improvement contractor. Registration is on file with the PA Attorney General’s Office, 1-888-520- 6680. It is agreed that all promises, understandings or agreements of any kind relating to this agreement, not noted in writing on this agreement are expressly waived, and it is agreed that this agreement shall constitute the entire agreement between the parties, and shall not be modified in any manner except in writing signed by both parties. It is further understood and agreed that the rights and liabilities herein given to, or imposed upon, either of the parties shall extend to the successors, executors, administrators and assignees of such parties, as if they were named.