eGlass Railing Terms & Conditions
PAYMENT: The invoice amount must be paid before any items are shipped. Items are purchased FOB shipping point. Client agrees that, if it disputes any portion of an invoice, Client must notify EGLASS of such dispute in writing within thirty (30) days of the invoice date, which notice must set forth the disputed amount and the reason for such dispute. Client hereby waives any right to dispute an invoice more than thirty (30) days after an invoice's date. By making payment to EGLASS, Client accepts all terms and conditions contained herein.
FAILURE TO PAY: Client acknowledges that failure to timely pay any amount hereunder is a material breach of this Agreement, and that EGLASS may, in its sole discretion, suspend or terminate its obligations under this contract and/or under any other contract between EGLASS and Client (collectively, “Parties”). EGLASS may claim a lien for all materials and labor, if any, furnished if any amount due hereunder is not timely paid.
Client agrees to pay EGLASS all collection costs that EGLASS incurs, regardless of whether or not litigation is initiated, including but not limited to reasonable attorney's fees, court costs, and charges for EGLASS staff time (at EGLASS regular rates).
LIMITATION OF LIABILITY: Client hereby agrees to indemnify, hold harmless and defend EGLASS from any claim, demand, loss or liability, including reasonable attorneys' fees, that results from for any loss, damage or liability arising from any acts by the Client, its agents, staff, and/or other consultants or agents that act at the direction of Client. Client hereby waives all claims against EGLASS and releases EGLASS from any claim, demand, loss, or liability that Client may now or hereafter have against EGLASS arising out of or in connection with this Agreement or the materials provided hereunder (whether in tort, contract or otherwise), provided that any such claim, demand, loss or liability has not resulted from EGLASS gross negligence or willful misconduct. In no case shall EGLASS's liability to the Client for any cause or combination of causes, in the aggregate, exceed the amount of the price actually paid to EGLASS under this Agreement. In no event shall EGLASS be liable for any indirect or consequential damages of any kind. Client warrants that it has had the opportunity to review this provision with its own independent legal counsel and has either done so or freely waived the right to do so. EGLASS shall only be responsible to the level of competency and the standards of care, skill, and diligence maintained by manufacturing companies providing similar product or products in EGLASS's local community at the time that EGLASS provides product or products under this Agreement. EGLASS makes no other warranty, expressed or implied, including but not limited to the warranty of fitness for a specific purpose. Client agrees that EGLASS shall not be responsible or liable for any work performed or services provided by any third-party entity or individual that is not a direct employee of EGLASS. Client expressly acknowledges that EGLASS does not assume responsibility for creating, determining, supervising, implementing, or controlling the means, methods, technique, design, sequencing or procedures of construction, or monitoring, evaluating or reporting job conditions that relate to health, safety or welfare.
ENGINEERING: EGLASS is not familiar with all jurisdictions in which EGLASS products may be used. EGLASS strongly recommends that Client enlist appropriate professionals to advise client about such things as architectural design, engineering, including but not limited to structural engineering, safety and compliance with prevailing and/or local building codes, ordinances and other laws in the appropriate jurisdiction. Among other things, Client is responsible for determining whether EGLASS products are appropriate for a given project, and is strongly encouraged consult with an architect, engineer, other contractor, or licensed professional, with respect to whether and how to utilize EGLASS products in the context of an overall project and applicable building codes, ordinances and laws. EGLASS may provide engineering plans to client for materials ordered. EGLASS provides these plans solely for aiding client in communicating with an architect or engineer or other licensed professional, as described above. Client acknowledges that EGLASS does not provide any plans for permitting or construction purposes. The client agrees to obtain their own, independently drafted plans for the construction phase of the Client’s project and that no warranty accompanies the delivery of any plans or drawings from EGLASS. The client agrees, to the fullest extent permitted by law to indemnify, hold harmless and defend EGLASS, its officers, directors, employees and subcontractors against all damages, liabilities or costs, including reasonable attorneys' fees and costs, arising out of or in any way connected with the Client’s use of the illustrative plans. EGLASS carries no further responsibility or liability concerning the illustrative plans and any purported warranty, express or implied, including fiduciary duties, is null and void. In no event shall EGLASS be liable for any indirect or consequential damages.
EGLASS excludes the implied warranty of merchantability and the implied warranty of fitness. There are no warranties which extend beyond the description on the face hereof. Except as expressly warranted, EGLASS makes no warranty of any kind, express or implied, and specifically makes no warranty of merchantability or fitness for a particular purpose. Client agrees to assume all risks and liability related to the EGLASS products, whether used individually or in combination with other products. The qualities and characteristics which are not being warranted are as follows:
- If the glass surface or panes are broken or fractured.
- If the LAMINATED GLASS is subjected to standing water or other liquids.
- If the cap rail or edge protection is removed despite being recommended by EGLASS to prevent weathering, delamination, and other water related damages.
- If the LAMINATED GLASS product is damaged or altered by handling, storage, fabrication, or installation contrary to recommended instructions by reference or industry standards GANA - Glass Association of North America, which includes these former independent associations: FGMA, LSGA, and GTA; SIGMA - Sealed Insulating Glass Manufacturers Association; IGMAC - Insulating Glass Manufacturers Association of Canada; NAAMM - North America Association of Mirror Manufacturers; and AAMA - American Architectural Manufacturers Association or equivalent.
- If the LAMINATED GLASS is attacked by incompatible glazing lubricants, glazing soaps, incompatible glazing gaskets, glazing sealants, incompatible cleaning fluids, moisture or building runoff, gluing or attachment of applied films, moisture or paints, adhesives, solvents or insulation, or exposure to solvent or chemical fumes.
- If the LAMINATED GLASS was discarded or destroyed.
- If the LAMINATED GLASS is installed in watercraft, solar collectors, or commercial refrigeration products.
- If the LAMINATED GLASS PVB Interlayer is cut with assistance of flammable liquids, either ignited or non-ignited.
ARBITRATION: If any dispute shall arise between the Parties, it shall be resolved by binding arbitration in Vancouver, Washington. The laws of the State of Washington shall govern this Agreement. The prevailing party shall be entitled to its attorney fees, costs, and expenses.
ENFORCEABILITY: In case any one or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired.
AUTHORIZATION TO PROCEED: Any acceptance by Client of a product from EGLASS in exchange for payment shall constitute an express acceptance of all terms of this Agreement.
ACCEPTANCE OF PRODUCT: Upon receipt of all EGLASS packaging and products, Client shall immediately inspect the EGLASS packaging and products and, within ten (10) days following receipt, give written notice to EGLASS of any claim that (1) the EGLASS products do not conform with the terms of the Sales Order, or (2) the EGLASS products are defective, provided that a visual inspection should have revealed such defect. If Client fails to give such notice, the EGLASS products shall be deemed to conform to the terms of the Sales Order, and Client shall be deemed to have accepted and shall pay for the EGLASS products in accordance with the terms of the Sales Order and this Agreement, and Client forever releases and discharges EGLASS from all claims and demands related to clauses (1) or (2) of this paragraph. EGLASS reserves the right to substitute materials used to manufacture EGLASS products due to improved technology, supply limitations or other factors.
OWNERSHIP OF DOCUMENTS: It is understood and agreed that the calculations, drawings, and specifications prepared pursuant to this Agreement ("Work Product"), whether in hard copy or machine- reader form, are intended for one-time use by Client for this project only. Work Product is and shall remain the property of EGLASS, and subject to this Agreement.
INSURANCE: EGLASS is covered by a general liability insurance policy and a professional liability policy, which policies shall each provide for at least $1,000,000 coverage per occurrence. If Client requires additional coverage in excess of that amount and, if procurable, EGLASS will obtain additional insurance to the level Client requests, at Client's sole expense.
ALL TERMS MATERIAL: All provisions herein are material to EGLASS's agreement to provide services and materials, and were expressly negotiated by the parties.
NOTICE OF CLAIMS: Client shall, and expressly agrees to, provide EGLASS immediate written notice of any facts that could potentially result in any potential claim against EGLASS, including but not limited to any dispute, any claimed damages, any perceived failure by EGLASS, or otherwise. As a condition precedent to any recovery from EGLASS, Client shall give EGLASS written notice of any such claim or facts that could result in a claim not later than ten (10) days after the date of the occurrence of the event causing the potential claim. Client's failure to provide such notice, for any reason, shall constitute waiver of such claim.
REPRESENTATION: Both parties warrant that they have had this document reviewed by their own independent legal counsel, or have willingly waived the opportunity to do so, and accept each and every term herein.
TERMS AND CONDITIONS SHALL APPLY: The Terms and Conditions recited in this Agreement shall remain in full force and effect unless the Parties mutually agree, in writing which is fully executed, to terminate this Agreement, or unless the Parties mutually agree, in writing which is fully executed, to a separate agreement explicitly altering the Terms and Conditions of this Agreement.
This site is owned and operated by EGLASS LLC (EGLASS). Your privacy on the Internet is of the utmost importance to us. At EGLASS, we want to make sure your experience online is satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
INFORMATION EGLASS GATHERS & TRACKS
EGLASS gathers information about users:
Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards or forums, to email a friend, and from participation in polls and surveys.
Newsletters and Catalogs:
We offer free print brochures and occasional email newsletters to users. EGLASS gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page.
USAGE TRACKING: EGLASS tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. EGLASS does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser).
EGLASS sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
USE OF INFORMATION: EGLASS uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and print catalogs. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. EGLASS never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners.
When we use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas, we do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don’t track which terms a particular user enters.
EGLASS creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we don’t track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
SHARING OF THE INFORMATION: EGLASS uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience’s demographics. This is essential to keeping our estimation service free. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
SECURITY: EGLASS operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
OPT-OUT POLICY: We give users options wherever necessary and practical. Such choices include:
- Opting not to register to receive our electronic newsletters.
- Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users