TERMS AND CONDITIONS
SCHEDULE FOR WORK. Illumination Window & Door Co estimates, but does not guarantee, that the project work will be completed within 45 days after work commences. This date is contingent upon weather, material, and labor availability, acts of God, owner delays in making material selections, making payments, and changes or other additional work.
MATERIAL SELECTIONS. Owner shall be responsible for making material selections in a timely manner. Once the order is placed all sales are marked final. No returns or exchanges after 24 hours of receipt of confirmation of order.
EXCLUSIONS. Illumination Window & Door Co’s scope of work, and the contract sum, exclude the following items: pre-existing conditions, such as concrete, framing, plumbing, electrical, painting or staining, permitting, flooring repairs or leveling, window and door coverings (awnings, blinds & shutters) Illumination will remove but not reinstall security doors or screens doors, any wiring such as (coaxial cable, audio video)alarm security components, pool code compliance such as (closures, locks or alarms) unless specified in contract scope of work. The owner acknowledges and agrees that IllumiNation cannot match caulking colors to existing paint colors, and that owner will have to paint caulking. The owner acknowledges that Illumination will try to match existing stucco and/or drywall as close as possible and some textures or finishes may have a variation from original texture, this includes synthetic stucco. Interior wall with plaster to be finished and repaired by others.
WARRANTY. Materials supplied by IllumiNation are covered by a manufacturer’s warranty. Any labor performed by Illumination is guaranteed for 2 years from the date of completion of installation. Illumination Window & Door Co will assist the owner in submitting any warranty claims to product manufacturers, however they are not liable for manufacturer warranty issues. IllumiNation will adjust doors and windows for the owner within one year after completing the project.
CONTRACT PRICE. The Owner agrees to pay Illumination Window & Door Co the Contract Sum, as shown in the Proposal, plus any change orders.
PAYMENTS. The owner shall make a minimum down payment of 50 percent (50%) of the contract amount at the time this agreement is signed, which shall be applied first towards the cost of materials. The owner shall pay the remaining material amounts owed at time of scheduling installation, upon substantial completion of installation remaining balance due is owed. On materials-only orders, the Owner shall pay one hundred percent (100%) at the time of entering the Contract or placing the order, whichever is sooner. Owner acknowledges that the failure to make timely and complete payments in accordance with this Agreement entitles the IllumiNation to cancel orders, stop work and/or terminate this Agreement.
CHANGE ORDERS. Owner acknowledges that any changes must be made in writing, additions or substitutions to the labor or materials required to complete the project may result in additional costs. Owner agrees to make payment for those additional costs in the form of a change order. Owner is responsible for additional costs for owner-requested changes, delays caused by the owner or its agents, additional requirements from government agencies or municipalities, discrepancies in the plans and specifications, and for unforeseen conditions. Payment for change orders shall be due immediately.
STORAGE. Illumination Window & Door Co will store your new windows and/or doors for a period of 30 days after receiving the windows and/or doors. A storage fee of 1% of the entire order will be added to the balance due to any delays with the project for each additional month of storage needed.
STATUTORY NOTICE. Pursuant to statute, Illumination Window & Door Co gives notice that the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The Registrar of Contractors’ phone number is 602-542-1525 and its website is www.azroc.gov . Complaints must be made within the applicable time period as set forth in section 32-1155, subsection A.
ADDITIONAL PROVISIONS. If either Owner or Illumination Window & Door Co brings any judicial action or administrative proceeding to enforce, protect, or establish any right or remedy under this Contract, or regarding the project work, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. The rights and obligations of the parties shall be governed by the laws of the State of Arizona. This Agreement may be modified or amended only upon written agreement signed by the parties. This Agreement represents the entire contract and agreement of the parties unless such Agreement is subsequently amended or modified as provided above. This Agreement may be superseded in its entirety by any subsequent contract, signed by the parties, which expressly provides that all prior contracts and agreements are superseded or voided by the new contract.
MANUFACTURER LEAD-TIMES AND CANCELLATIONS:
Customer agrees that the Lead-Time's are only estimates by the manufacturer and cannot be guaranteed or could change at any time. Illumination Window & Door Co is not responsible for any Manufacturer delays. Illumination Window and Door Co does not schedule any installations until all materials have been received and inspected.
