Agreement and Contract of All Services

1. PAYMENT: Before any products are ordered and project date is given 50% ($______.00) of the agreed amount will be paid. The remaining 50% ($______.00) will be paid upon completion of services.

 *IF CLIENT IS PROVIDING OWN SUPPLIESALL PRODUCTS MUST BE ON SITE BEFORE PROJECT BEGINS. IF 100% OF SUPPLIES ARE NOT PROVIDED APPGLASSBOONE LLC HAS THE RIGHT TO RESCEDULE. 

**IF APPGLASS BOONE LLC AGREES TO PICK UP MATERIALS AND DELIVER TO JOB SITE A FEE OF $125 WILL BE CHARGED FOR EACH TRIP.

***APPGLASS BOONE LLC IS NOT RESPOSIBLE FOR CHECKING ORDERS FOR ACCURACY OR DAMAGE CAUSED BY TRANSIT, MISSING PIECES ECT.

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2. CHARGES FOR ADDITIONAL WORK: this agreement was based solely on observations AppGlass Boone LLC was able to make with the project in its condition at the time the work of this agreement was quoted. If concealed conditions are discovered once work has commenced or after this agreement was executed which are not visible at the time this agreement was put in place AppGlass Boone will point out these conceled conditions to Client and these conditions will be treated as additional work. Under this  Agreement Appglass Boone LLC and Client shall execute a Change order for this additional work.  AppGlass Boone LLC is Released by Client from all Pre-existing lead, asbestos, mold, mildew, fungus and organic pathogen problems and is not responsible for costs or damages associated with correcting , containing, testing, or resolution to problems. 

 

3. PAYMENT FOR All ADDED WORK IS DUE IMMEDIATELY. 

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 4. WARRANTIES: AppGlass Boone LLC issues a 2 Year Warranty on Workmanship of the windows and shower doors.  The product purchased warranty will be provided by the supplier. AppGlass Boone LLC will provide client with this information before commencement of project All Insulated Glass units are warrantied for 10 years from fogging, moisture. Any Alterations made to any of the products provided by AppGlass will void all warranties. ie: Tinting, Graphic Design, Etching, Painting, Removal of units and reinstallation  by 3rd party ect.

 

5. TERM OF CONTRACT: This Contract will terminate upon receiving final payment after the job is completed. Warranties will remain in effect as described above.

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6. DEFAULT: The occurrence of any of the following shall constitute a material default under this contract:

a. The failure to make a required payment when due.

b. The failure to make available or deliver the services in the time and manner provided for in this  contract.

 

7. REMEDIES OF DEFAULT: In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

 

8. WORK STOPPAGE: AppGlass Boone LLC has the right to to stop all work on the project and keep the project idle if payment(s) are not made strictly in accordance with the agreement payment schedule or if Client Fails or refuses to furnish AppGlass LLC with access to job site and/ or product selections or information necessary for advancement of work.  If AppGlass Boone LLC stops work on the project they will give client written notice of the nature of the breach of contract at the address set forth in the contract. If after 14 days the client fails to take significant steps to cure the default AppGlass Boone LLC will may without prejudicing any other remedies they may have, give written notice of termination of this agreement to Client and Client Agrees to immediately  pay AppGlass Boone LLC within 3 Business days for all completed work and materials installed through the date when AppGlass Boone LLC stopped work along with an amount equal to 20% of the balance of contracted work not completed.

 

9. FORCE MAJEURE: If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, -1- insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

 

10. CONFIDENTIALITY: AppGlass Boone LLC, and its subcontractors, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for personal benefit or divulge, disclose, or communication in any manner, any information that is proprietary to _________________________. AppGlass Boone LLC and its subcontractors, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract.

 

 11. AMENDMENT: This Contract may be modified or amended if the amendment is made in writing and signed by both parties.

 

12.LIABILITY WAIVER: If AppGlass Boone LLC Employee is injured in the course of performing the specific work, Client shall be exempt from liability for those injuries to the fullest extent allowed by law.

 

13. COVERINGS: Any drapes, blinds, or window coverings will be removed by the Client prior to services of window installation. AppGlass Boone LLC will not be responsible for replacement of any such window coverings. Larger projects, renovations ect. Client is responsible for clearing room and covering furniture unless otherwise agreed to with AppGlass Boone LLC

 

 14.ALARM SYSTEMS: If there is an alarm system with window sensors, the Client is responsible to have their alarm company disconnect and reconnect the alarms.

 

15.CLEAN UP: AppGlass Boone LLC  will be responsible for the removal and disposal of the old windows and shower doors at no charge. If larger projects including but not limited to remodels, Appglass will clear debris and charge Client for dump fees

 

16.DISTANCE SURCHARGE: If AppGlass Boone has to travel more than 50 miles, there will be a $150 travel charge for every 50 Miles after allotted 50 Mile Service Area

 

17. WORK SCHEDULE: Although you have an appointment AppGlass Boone LLC is a 24 hour emergency services company. In Rare Circumstances AppGlass Boone LLC may have to reschedule your appointment by time or date.

 

18. SHIPPING DATES – Shipping dates for outsourced material are approximate only and shall not be deemed to be fixed or guaranteed. APPGLASS Boone LLC strives to provide all of our clients with prompt quality service.

 

19. CHANGE ORDERS: Any changes to orders or projects will result in a change in pricing and estimated project completion time And No Refund for already ordered materials shall be given.

 

20. REFUNDS:  Most Initial Visits for estimates are Free; Where an Emergency visit is placed on our schedule and interferes with other appointments No Refunds will be Permitted if an Emergency appointment is cancelled.  Standard Cancelations are accepted no charge.  Refusal of  Install or Acceptance Refusal of Any specialty Items ordered prior to installation will financially be the sole responsibility of the of the client and Must be paid promptly any monies owned by AppGlass Boone to clients shall be returned By Check within 60 days of refunded request. unless otherwise agreed. Client may cancel the labor portion of the agreement at anytime prior to project commencement and receive a full refund of their payment  minus any fees paid to manufactures/distributors for any Standard stock Item. NO Refunds for any “ custom” “Special order” “made to order” non stock products.  Only 50% refund for stock items. With a 15% restocking fee.