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 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 30 days after an invoice’s date.

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 service and all other obligations under this contract and/or under any other contract between EGLASS and Client. EGLASS may claim a lien for all materials, labor, and services 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).

PROFESSIONAL STANDARDS: EGLASS shall only be responsible, to the level of competency and the standards of care, skill, and diligence maintained by professionals providing similar services in EGLASS’s local community at the time that EGLASS provides services under this Agreement. EGLASS makes no other warranty, expressed or implied including the warranty fitness for a specific purpose.

Q-RAILING PRODUCTS: EGLASS retails Q-Railing products. The warranty, and terms and conditions related to Q-Railing products can be found by contacting Q-Railing:

Q-Railing USA
14321 Franklin Ave., Suite A
Tustin, CA 92780

WARRANTY EXCLUSIONS: Our limited warranty does not cover, and eGlass LLC assumes no responsibility or liability for damages or injury arising from, caused by or related to:
  • Use, care, maintenance and handling of the Product, including without limitation, use of the Product with any product or system not designed, produced or manufactured by eGlass LLC or otherwise designated by eGlass LLC in writing as being compatible with the Product;
  • Failure to observe any safety procedures or precautions in the use, care and handling of the Product;
  • Installation, removal, shipping or other labor costs and expenses of the Product, including without limitation, installation of the Product on, to, or with any products or systems not designed, produced or manufactured by eGlass LLC or otherwise designated in writing by eGlass LLC as being compatible with the Product;
  • Any Product that has been subject to improper or incorrect maintenance or repair;
  • Any Product that has been damaged by negligence, accident, mishandling, abuse, faulty installation, or has otherwise been maintained, handled, or operated inconsistent with or in contravention with the procedures described in the installation and maintenance instructions or in violation of the Product specifications or local building codes;
  • Any Product that has been purchased or acquired from a party other than eGlass LLC or its authorized dealer;
  • Any Product that has been purchased through an inventory clearance or liquidation sale or other sale in which eGlass LLC expressly disclaims its warranty obligation pertaining to such Product;
  • The ordinary wear and tear of the Product; or
  • The condition of the Product caused by or resulting from weathering, scratching, discoloration, tarnishing or performance caused by exposure to corrosive elements or atmospheric contaminants such as salt spray, salt air, chemicals, and pollution; vandalism; surface oxidation; settlement, structural shrinkage, distortions or expansions of the property or structures on property on which the Product is installed, affixed or otherwise placed; fire, flood, acts of God or other causes beyond the control of eGlass LLC. Discoloration of the Product shall not be considered a defect covered by this Limited Warranty.

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 services or 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 fee 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.

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 contract. 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 request by Client for ENW to proceed with work shall constitute an express acceptance of all terms to this Agreement, including these General Provisions.

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 instruments of professional service intended for one-time use by Client for this project only. Work Product is and shall remain the property of EGLASS.

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.

WORK OF OTHERS: Client agrees that EGLASS shall not be responsible or liable for any work performed or services provided by any entity other than EGLASS and/or any person that is not a direct employee of EGLASS. Client expressly acknowledges that EGLASS does not assume responsibility for determining, supervising, implementing or controlling the means, methods, technique, sequencing or procedures of construction, or monitoring, evaluating or reporting job conditions that relate to health, safety or welfare.

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.

CHANGE OF TERMS: We may, at any time, and at our sole discretion, modify these Terms and Conditions, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms.