WINDOW WORLD OF TUPELO/COLUMBUS IS HEREIN REFERRED TO AS “WWTC" OR "CONTRACTOR."
GENERAL TERMS AND CONDITIONS: Basic installation includes removal of wood sashes and installation of new vinyl window. The window is sealed with foam or caulk but no interior or exterior trim is used. Installation does not include replacement or repair of any existing damage, or damage caused during installation due to moisture, insects, dry rot, or neglect, Contractor is never responsible for paint, texture, staining, plaster, or stucco unless specified in writing. Installations where existing window jamb depth exceeds 3 ¼” require additional labor and trim. This is not included unless specified in writing. Contractor is not responsible for removing or installing any window coverings. There will be a charge of $20.00 per window charge if Contractor has to perform this work. Additionally, there will be a charge of $15.00 per piece of furniture that Contractor’s installers have to move. Large furniture which cannot be moved by the installation crew without special equipment will not be moved. If this prevents window installation, Buyer will be charged $85.00 for a return trip to complete the installation. Contractor is not responsible for re-hanging window coverings or replacement of furniture. Contractor is not responsible for damage to vegetation or landscaping. Caulking is warranted for a period of one (1) year from date of purchase. Glass breakage warranty does not apply to tempered glass units, doors, specialty glass, and vandalism. Contractor considers a window to be mis-measured when it is over 1 3/8” smaller than the most restrictive in the window opening. Mis-measured windows will be replaced and installed at no extra cost to the customer. WWTC is not responsible for fitment of windows if not installed by us. All materials that are picked up at our warehouse are agreed in good condition. Proper loading and transport are the responsibility of the customer. Payment is expected at install completion. If installation cannot be completed due to mis-measured, damaged, or incorrect windows,
the balance due will be adjusted based on pre-tax average window selling price. Delinquent accounts will be turned over to a collection agency or a mechanics lien will be filed. Signature of this contract allows the Contractor to use any job site photos and videos for publication in any marketing materials unless otherwise stated by the Customer. Window World reserves the right to process transactions for financing up to 45 days in advance of your installation date.
PRICE: The price owed by the Customer to WWTC covers the Goods, Installation Services, applicable taxes, and the cost of purchasing any required building permit. The price assumes sound existing substructures, superstructures and points of attachments. The price shall be increased by the cost and reasonable profit to WWTC of having to provide additional Goods and/or Installation Services as a result of defective substructures, superstructures, points of attachments, hidden defects, special requirements by local Building Departments, or Customer changes and/or design to this existing contract.
MANUFACTURER WARRANTY FOR GOODS / WWTC WARRANTY: Customer is entitled to any warranty provided by a manufacturer of Goods and/or by WWTC. Such warranties become valid upon final payment on this contract. Written Warranties are issued within seven business days after final validation. (Signed Completion Certificate) Warranties will be mailed to the address on this contract. Customer agrees that its sole and exclusive remedy against Manufacturer and WWTC for warranty / service claims as is contained in the written warranty issued from Manufacturer of Goods and/or WWTC. No Warranties go into effect until contract is paid in full, less 10 percent (10%) retainage if required, until uncompleted work Is completed. Glass Breakage Warranty does not apply to products that are not ordered with SolarZone Elite (or a higher glass package). Condensation on the outside of the glass (i.e. can be wiped off) is not a result of your new windows, therefore, this is not covered by your warranty. Please see our Condensation Guide for solutions to this occurrence.
UNDISCLOSED CONDITIONS IN PREMISES: Customer represents and warrants that any defect or weakness in the Premise’s structure, substructure, superstructure or point of attachment that might affect performance by WWTC or its installer has been specifically and fully disclosed and described in this Contract. If any undisclosed defect or weakness is later discovered after performance of the Contract has commenced and such defect or weakness makes additional Goods and/or installation Services necessary. Customer agrees to pay WWTC the cost and reasonable profit for such Goods and Installation Services and to execute a resulting change order or new replacement Contract as requested by WWTC.
UNAVOIDABLE DELAY OR FAILURE lN PERFORMANCE EXCUSED: Any delay or failure by WWTC, or its Installer in performing this Contract because of strike, fire, flood, acts of God, inability to obtain Goods, or any other causes beyond the reasonable control of WWTC or its installer shall be excused and shall not be breaches of this Contract.
ARBITRATION: If customer has any questions or complaints regarding the Contract, Customer may contact the WWTC Operations Manager, address and telephone number appears elsewhere on the Contract. All disputes and claims between Customer and WWTC concerning this Contract which either party believes cannot be resolved informally, including without limitation any warranty claims, shall be resolved by binding arbitration conducted by a single arbitrator under the auspices, rules and procedures of the Mississippi Arbitration Code and in accordance with applicable Federal and State arbitration statutes. The arbitration shall be held in the city or county where the Premises are located or in such other convenient location as the parties may mutually agree. No discovery shall be allowed except as may be agreed to in writing by the parties. Either party may demand arbitration, or the arbitrator’s final award shall be issued within ninety (90) days after service of the arbitration demand on the other party.
EXPECTED DELIVERY TIME: All of our windows are custom made at one of our manufacturing plants located around the country and shipped to any of our over 200 Window World locations. The time between when your order is placed and when the windows are ready to be installed, though not guaranteed is typically 6 to 8 weeks. At that point we will call you to set an installation date. If for some reason you need to delay your installation for more than a couple of weeks after notification that we are ready to install your order we will be happy to work with you. We will need to collect the remaining balance before installation if the delay you request is more than three weeks.
ACCESS TO THE WINDOWS AND DOORS: We will need approximately 2 feet in front of each window, inside your home, so we can place our drop cloths and tools necessary to perform our work. When the old windows are removed, gusts of wind typically flow through your home. It is advisable to gather together important papers, and other small items that can be disturbed by the wind and relocate them. Computers and other electronic equipment should be covered or relocated temporarily. Please move aside any furnishings that are in the way of our work.
WINDOW COVERINGS: To gain access to the interior of the windows, we need all mini blinds, vertical blinds, roll-up shades, shutters, drapes and any other window covering removed prior to our installation. We are not responsible for removing or reinstallation of these items and are not responsible for damage resulting in the removal and reinstallation. We also are not responsible for any window covering alterations that may be required to reinstall them.
PLANTS AND BUSHES: Occasionally we need to work in planters and other landscaped areas of your home that are adjacent to the windows and doors. Please survey your yard prior to us arriving and look for potential problems. Some trees and vigorous bushes need to be pruned back to give us access to your windows. Delicate plants and shrubs in areas right below a window should be temporarily relocated if they cannot survive being stepped on and you want to preserve them. We strive to be careful when working around vegetation, but our priorities are to focus on our work, your windows and our safety while working on your property. We are not responsible for any damage to plants, shrubs or landscaped areas.
ARRIVAL AND DEPARTURE TIMES: We will advise you of the expected arrival time for our crew at the time we set up the installation date with you. We generally stay till the job is done, unless it will be a 2 or 3-day job, in which case we may work as long as there is daylight. It is our policy that our installers get a sign-off form and collect the outstanding balance at the completion of the job. We ask that you be available to approve the job and make final payment at the time of completion. If this is not convenient for you, we need to know before we start the job. Inclement weather and other unforeseen hindrances are a fact of life and as such we ask that you understand if the weather, traffic, etc. cause a delay or cancellation of an installation appointment. We typically do not schedule more than a day or two in advance to try to avoid such issues.
PETS: We love furry, four-legged creatures; however, we need your help in supervising them. We are not always able to close a gate or door behind us when carrying a window, so please keep them in a safe place. Our job description does not include scampering down the street after Fido with new found freedom. Many people say, don‘t worry, he doesn’t bite, but many installers have been bitten. So please secure dogs that have an aggressive bark towards strangers. Customer agrees to tie and/or pin up any and all dogs that have and aggressive bark or demeanor.
DAMAGE TO WALLS AND OLD TRIM STOPS: For those who have old aluminum and steel windows and are replacing them due to sweating and damaging of the walls be advised that all water damage plaster will most likely fall out. In addition, all the patch work you have done over the years will fall out also. This is normal; however, we are not plaster experts, so the repair to those walls would best be left to the experts. In some cases due to out of square openings, new trim is required to make the window look good. *Unless noted on the contract new trim will not be provided or installed by us. You can expect to do some touch up painting on the trim after the installation of your new windows. This is not always necessary and is usually minor if it occurs. If your trim stops around your sashes are very old, dry, and brittle, they may snap and crack upon removal. If this happens, we can leave them off if you please, or for a small up charge, replace them with newer ones. Many of the old style stops are no longer available so we would replace the entire window with newer style stops. Should we discover any hidden damage to the frame or wall area we will advise you before we proceed. Should you decide to replace or repair anything, the price will be added to your balance.
NOTICE OF CANCELLATION: You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within
10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this
contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or
dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to
do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of the cancellation notice on the back of a paper version of your contract, or send an email stating that you would like to cancel with your name, address, and phone number to firstname.lastname@example.org. We must receive your notice of cancellation by midnight on the third business day from your contract date.