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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE &/OR PLACING AN ORDER. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. All customers placing an order for any product on this site are hereby bound by the following terms and conditions:
 
Terms & Conditions On Product Purchase Only
 
GENERAL TERMS
This contract together with the preceding attached invoice constitutes the sole and complete agreement between the Customer and House of Windows (HOW) regarding the subject matter and is subject to additional charges should changes be required after signed by Customer. However, once order is placed there is no guarantee that changes can be made. There are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between Customer & HOW relating to this subject matter, other than as set forth in this contract. The pricing of the attached proposal is valid up to 30 days from date of proposal. HOW reserves the sole right to substitute manufacturer of any product which is equivalent or greater in quality. At any time prior to receipt of signed contract, full payment &/or production of product HOW has right to cancel this proposal without recourse. No statement, representation or agreement, written or verbal, not appearing in this contract is binding on HOW. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by Arbitration administered within the State of Maryland.
 
PAYMENTS
All payments are to be made to "MGC, Inc.". For the purpose of this document "Payment" is received once method of payment Customer has utilized has cleared and is recorded as deposit into HOW's bank account. Customer agrees to pay $85.00 for all returned &/or cancelled checks. 100% of this invoice must be paid in full before delivery will be made.
 
DELIVERY
Delivery is Curbside Delivery only. Customer must furnish help to unload at time of delivery. Customer should carefully check material upon arrival. Any shortage, damage or incorrect size/color/options, etc. must be noted immediately on the delivery list and copy provided to driver. HOW is not responsible for material once delivered unless shortage, damage or incorrect size/color/options, etc. unless deficiency is reported at time of delivery. Note, on delivery of windows & doors, allow up to 4 weeks from the time HOW is in receipt of a fully signed contract & full payment. All products will be delivered upon receipt from manufacturer. Any product asked to be held by HOW for delayed delivery will incur additional charges. It is at the sole discretion of HOW on whether any delivery will be held upon Customer's request or delivered immediately upon completion. 100% of this invoice must be paid in full before delivery will be made. HOW will not be responsible for delays due to labor troubles, fire, accidents, transportation, or other causes beyond its control.
 
COLLECTION
Customer agrees to pay all collection fees & charges, including but not limited to, all legal & attorney fees that result should customer default for any reason under this contract. This agreement must be governed by the laws of the State of Maryland. In the unfortunate event your account becomes past due and referred to a collection agency or attorney, Customer shall be responsible for a collection fee equal to 50% of any balance past due in addition to an accruing interest rate of 24.9% (APR). HOW reserves the right to file a lien, report to credit bureau, collect and, but not limited to, file suit for any and all outstanding balances owed by Customer.
 
CANCELLATIONS
All product orders are final & Cancellations WILL NOT be accepted. In most situations customers are in a hurry to receive their product therefore we do everything in our power to get product into production as soon as possible. Once item is put into production it is being manufactured to custom specifications of the Customer and therefore prevents us from cancelling or accepting returns on orders. It is to the sole discretion of HOW to cancel an order that has not yet gone into production, however there will be a $125.00 administrative fee deducted from any returned monies paid back to Customer.
 
CUSTOMER RESPONSIBILITY
Customer is responsible for checking all permit & HOA/Condo requirements prior to placing order. It is Customer's sole responsibility to ensure these approvals are in place prior to placing order with HOW. HOW is not responsible for and/or has not made any investigations as to HOA/Condo/City/Town/County/State rules, regulations, architectural design or other such compliances. Customer should carefully check quantities, sizes, and specifications. It is the Customer's sole responsibility to ensure entire order is correct (i.e., sizes, color, etc.) and to confirm all Actual Make Sizes of products before ordering. On Glass Block orders due to manufacturer restrictions with the actual sizes of the individual glass block that is used, the actual size of the window may be smaller than size ordered. If you have any concerns on actual make size please check with your sales rep. before processing order. Some of the products ordered within the preceding invoice will be made and or assembled to the specific requirements, and therefore this order is not cancellable. Regardless, no items within this order can be returned.
 
WARRANTY
Customer has reviewed manufacturers/sellers warranty. HOW is not responsible for any warranties expressed or implied. Customer is using House of Windows for obtaining products from a specific manufacturer and by signing below has approved the attached proposal. Warranties are in effect only after complete and full payment has been made. HOW has the sole right to substitute manufacturer of any product whose quality is equal to or greater than that shown on website.
 
Terms & Conditions On Install Purchases
 
GENERAL TERMS

This "Terms & Conditions" along with the attached "Estimate" and/or "Contract" constitutes the sole and complete agreement between Customer & House Of Windows (HOW) a subsidiary of Maryland General Contracting, Inc. regarding the subject matter and is subject to additional charges should changes be made after signed by both Customer & HOW. However, once contract has been signed there is no guarantee that changes can be made since some material might be custom order. There are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between Customer & HOW relating to this subject matter, other than as set forth in this contract. The pricing on the attached "Estimate" and/or "Contract" is valid up to 30 days from date of this proposal. HOW reserves the sole right to substitue manufacturer of any product which is equivalent or greater in quality. At any time prior to production of product HOW has the sole right to cancel this proposal without any recourse. No statement, representation or agreement, written or verbal, not appearing in this contract is binding on HOW. HOW will not be responsible for delays due to labor troubles, fire, accidents, transportation, or other causes beyond its control.

 

PAYMENTS

All payments are to be made to "MGC, Inc.". Payments will be made as follows: 1/3 upon contract signing, 1/3 upon start of production & remaining balance immediately upon completion. For the purpose of this document "Payment" is received once method of payment Customer has utilized has cleared and is recorded as a deposit into HOW's bank account. An $85.00 fee will be assessed to Customer for all returned &/or cancelled checks. All DirectBuy Members must pay 100% of the total material cost in advance due to distributor/volume pricing.

 

COLLECTION

Purchaser agrees to pay all collection fees & charges, including but not limited to, all legal and attorney fees that result should Customer default for any reason under this contract. Overdue accounts are subject to interest charges from the first overdue date at the highest rate allowable by law. Upon default, Contractor, his subcontractors, &/or any material supplier who performs work or supplies materials or equipment on Customer's property may have the uncontested right to place a lien on the property in accordance with applicable law. In the unfortunate event your account becomes past due and referred to a collection agency or attorney, Customer shall be responsible for a collection fee equal to 50% of any balance past due in addition to an accruing interest rate of 24.9% (APR). This agreement must be governed by the laws of the State of Maryland.

 

CUSTOMER RESPONSIBILITY

Customer is responsible for all permits &/or HOA and Condo approvals prior to work being started unless otherwise here noted. It is Customer's sole responsibility to ensure these approvals are in place prior to start date under this contract. Unless noted in writing on this contract, Contractor is not responsible for and/or has not made any investigations as to HOA/Condo/City/Town/County/State rules, regulations, architectural design or other such compliances. Customer is required to carry fire, tornado and other necessary insurance. It is the Customer's sole responsibility to ensure entire order is correct (i.e. sizes, color, etc.) prior to signing.

 

WARRANTY

Customer has reviewed manufacturer's/seller's warranty. Contractor is not responsible for any warranties expressed or implied on products. Contractor offers a 1 year warranty only on labor when Contractor installs product. Warranties are only in effect after complete and full payment has been made.

 

INSTALLS

On all window installs, attached price includes complete installation unless otherwise noted. "Complete Installation" includes professional measuring, removal & disposal of existing window/door, installation of new window/door, caulking & matching capping on exterior trim (up to 3.25") where needed. Trim larger than 3.25" in need of capping will incur added cost referred to below as "wide coverage capping". All window sizes are approximate, exact window measurements will be taken upon contract ratification. Allow apprx. 3 weeks for production from time of "final measure". Once contract has been signed and final measure has been performed, Customer will be charged a $250.00 measuring fee should Customer need to cancel contract for any reason. Once production has begun the order cannot be cancelled since all items are being manufactured to meet Customer's specific measurements. Additional costs may be incurred due to additional carpentry needed on rotted wood, wide capping coverage, etc.

Most costs will be identified prior to installation, but not limited to. Such additional costs may be added to total cost of job. After start of production, any alterations or deviations from specifications will become an extra charge over & above estimate & will be sole responsibility of Customer and may require 100% of extra cost paid in advance. Contractor shall not be liable for any delay due to circumstances beyond its control, including but not limited to, unavailability of materials. Contractor may engage subcontractors to perform work hereunder. Contractor reserves the sole right to cancel this contract at any time prior to receipt of Customer's acceptance in writing below & on attached invoice/estimate. Any additional work required outside of this contract will be charged at a rate of $75.00/per man hour.


 
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HOUSE OF WINDOWS. The collective work includes works that are licensed to HOUSE OF WINDOWS. Copyright 2003, HOUSE OF WINDOWS ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HOUSE OF WINDOWS or purchasing HOUSE OF WINDOWS products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HOUSE OF WINDOWS or to purchase HOUSE OF WINDOWS products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HOUSE OF WINDOWS. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of HOUSE OF WINDOWS used in the site are trademarks or registered trademarks of HOUSE OF WINDOWS


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HOUSE OF WINDOWS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HOUSE OF WINDOWS does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HOUSE OF WINDOWS does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
HOUSE OF WINDOWS shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HOUSE OF WINDOWS has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a HOUSE OF WINDOWS product is mistakenly listed at an incorrect price, HOUSE OF WINDOWS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HOUSE OF WINDOWS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HOUSE OF WINDOWS shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HOUSE OF WINDOWS without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
HOUSE OF WINDOWS may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HOUSE OF WINDOWS.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HOUSE OF WINDOWS products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HOUSE OF WINDOWS products) must be commenced within one (1) year after the claim or cause of action arises. HOUSE OF WINDOWS's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HOUSE OF WINDOWS may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HOUSE OF WINDOWS or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
HOUSE OF WINDOWS does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HOUSE OF WINDOWS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HOUSE OF WINDOWS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HOUSE OF WINDOWS in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless HOUSE OF WINDOWS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, HOUSE OF WINDOWS may link to sites operated by third parties. However, even if the third party is affiliated with HOUSE OF WINDOWS, HOUSE OF WINDOWS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HOUSE OF WINDOWS. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HOUSE OF WINDOWS seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


HOUSE OF WINDOWS
20203 Goshen Rd. #363
Gaithersburg, MD  20879
301-577-8100
Fax (301) 515-1320
sales@thehouseofwindows.com
www.thehouseofwindows.com


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