Terms & Conditions
The following terms and conditions apply to all sales, including direct shipments,
made or arranged by American Group Windows and Doors Inc., its and their divisions,
subsidiaries, affiliates, successors and assigns (“Doorandoor”) and shall prevail over
any notifications, inconsistent terms of Purchaser’s purchase order(s) or other
documents; and all prior proposals and agreements are merged herein. Purchaser and
Purchaser’s successors-in-interest and assigns (“Purchaser”) agree to the following
terms and to make payment for purchases upon the following terms.
Introduction
Your use of this agreement, “Doorandoor”, and your purchase of goods and services offered on this physical location, or any purchase from American Group Windows and Doors Inc (“Doorandoor”), shall be governed by the terms and conditions contained in this agreement (“Agreement”). This Agreement constitutes a legal contract between you, the purchaser (“Purchaser”), and American Group Windows and Doors Inc, pursuant to § 672.204, Fla. Stat., and other applicable law, and by placing an order on this location. Purchaser agrees to be bound by the terms contained in this Agreement, which shall control over any subsequent terms and conditions exchanged between the parties.
Pricing
American Group Windows and Doors Inc always attempts to provide Purchaser with the best user experience including by providing Purchaser with the most up-to-date pricing information. However, prices on Doorandoor location, catalogs, or provided in Doorandoor quotes are subject to change without notice. Price extensions are sometimes made in writing by Doorandoor at its sole discretion and are intended for Purchaser’s convenience only, and they, as well as any mathematical, stenographic, or clerical errors, are not binding on Doorandoor. In the event a pricing error is discovered by Doorandoor subsequent to Purchaser’s placement of an Order, Doorandoor agrees to notify Purchaser of the error in writing within ten (10) business days of placement of the Order. Upon Purchaser’s receipt of the notice of pricing error, Purchaser shall have the option to: 1) pay the difference in price and continue with the placement of the Order; or 2) cancel the Order for a full refund.
Payment
Unless otherwise agreed in writing by Doorandoor, payment must be received by Doorandoor by credit card, personal check, or wire transfer prior to acceptance of, and the duty to fulfill, any order. Where Doorandoor has agreed to payment terms other than the foregoing, including purchases on credit, then the Purchaser will receive an invoice for the amount due for the order. Payment is due immediately upon Purchaser’s receipt of the invoice. Full or partial payment may be required at the time of order, in Doorandoor’s sole discretion. In the event payment is not timely made in accordance with this Agreement, delinquent accounts will be assessed a monthly service charge in the amount of 1.5% of the delinquent balance, or the maximum allowable by law, for every thirty (30) calendar days that the account remains delinquent. Doorandoor retains the right to cancel any order that is placed for any item or items for which the price appearing on this location is inaccurate in any respect, including prices resulting from typographical or other errors; in such event, Doorandoor will provide the Purchaser the right to purchase the item or items at the correct price, or a full refund, whichever the Purchaser requests. Purchaser agrees Doorandoor acceptance of less than the full purchase amount shall not be construed as a waiver of Doorandoor right to collect the remainder due. Doorandoor reserves all rights and remedies for non-payment, breach, or default hereunder. Upon default of any of these terms and conditions, including nonpayment, Purchaser agrees to pay Doorandoor its costs for collection, including an additional 33% of the total account balance as attorney fees, plus all costs necessary for and incident to collection, whether or not suit is filed, and this fee provision shall not merge into any judgment obtained by Doorandoor.
Door Specifications
All interior single swing doors to have a lockset prep of 2-1/8" diameter with a 2 3/8" backset, two (2) for 80” height and three (3) for 96” with standard US2D colored hinges, and door stop, unless otherwise specified. All door jambs will be shipped knocked down to avoid damage during transit. Double doors with astragal, door slabs or bi-fold doors are not pre-drilled for locksets, unless otherwise specified. Door drawings on the website or order form may not be exactly to scale. Narrow doors and bifold’s will only be one (1) panel wide. We reserve the right to re-proportion non-standard doors. Purchaser must specifically request shop drawings to ensure the door proportions are as desired. Doors 1'-6" or less may have narrow side stiles unless otherwise. All images on the Website are representative of the appearance of the products offered and actual products may vary slightly from those images. Locks, handles, door frames, and related fixtures are not included unless specified as being included. All doors are sold unfinished unless specified as finished, or Purchaser chooses a finish, notwithstanding any finish depicted in product image. Purchaser shall be solely responsible for ensuring that the products purchased from Doorandoor will comply with all current state and/or local zoning requirements, fire regulations, and buildings standards, including, but not limited, state and/or local building codes. Purchaser expressly acknowledges that it has not relied upon any measurements provided by Doorandoor to make any openings for the door. Purchaser agrees to verify opening size after receipt of doors from Doorandoor. Purchaser acknowledges and agrees that Doorandoor will not be responsible for any damages related to measurements provided by it to Purchaser.
Tempering Logo
A tempering logo is a small etching that is made in one corner of each piece of glass indicating that it has been tempered and meets government standards for tempered glass. The default for us is to logo the glass. Unless specified, the logo location will be placed at Doorandoor discretion. Undesired logo location will not warrant a remake. In the event the tempering logo is missed, Doorandoor will provide the glass factory documentation that proves the glass is tempered.
Lead Time
Any Lead Times provided by Doorandoor are calculated using the best information available at the time the Order is received. However, any Lead Times provided to Purchaser are merely estimates and are subject to change due to various circumstances. Purchaser expressly states that he/she has not relied upon the Lead Time proved by Doorandoor in any way. Purchaser should not schedule any installation or other trades until Purchaser is in possession of the product ordered. In the event of shipping delay of more than four (4) weeks from the original projected Lead Time, Purchaser shall have the option to cancel the Order within twenty-four (24) hours of his/her receipt of the notice of delay from Doorandoor. Purchaser’s option to cancel the order does not apply to custom orders where production has already commenced.
Color Disclaimer
Due to monitor settings, monitor pixel definitions, limitations of desktop scanners, digital photography, and dye lot variations, we cannot guarantee that the color you see on your screen as an exact color of the product. We strive to make our colors as accurate as possible, but screen images are intended as a guide only and should not be regarded as absolutely correct. All colors are approximations of actual colors. If color is important, you must order Free or Paid (depends on the product) samples prior to ordering. Stain samples are produced to be as accurate as possible. However, actual colors on your new wood windows and doors may vary from these samples slightly. Wood is a natural substance used for windows, doors and trims and as such will display its own unique characteristics. Wood has grains that will absorb stains at different amounts, depending on orientation of the grain, types of woods used and the moisture content of the wood. As a result, variation will occur throughout the wood. Doorandoor cannot be responsible for the actual degree of variation of stain color that may occur in your windows or doors.
Shipping Policy and Terms
Shipping of the goods is the Purchaser’s responsibility and may be provided by Doorandoor at the Purchaser’s request as a courtesy service. All orders will be shipped by ground via a freight company selected by Doorandoor. Doorandoor estimates shipping costs to the best of its ability at the time of purchase; however, actual shipping costs may vary based on various circumstances. In the event shipping charges are greater than initially estimated by Doorandoor, Purchaser shall: 1) Pay the actual cost of shipping, even if those costs are greater than initially estimated by Doorandoor; or 2) Purchaser may elect to cancel shipping through Doorandoor chosen freight company and arrange shipping through a freight company of Purchaser’s choice at Purchaser’s sole expense. Any change of requested delivery date or address must be received in writing by Doorandoor within six (6) hours of order placement. Purchaser will receive an email confirming receipt of the order, and a second email when the order has shipped (Purchaser may receive multiple shipping confirmations if order is fulfilled in multiple shipments). Please save these email invoices for your records. Doorandoor does not ship to P.O. Boxes or military APO/FPO addresses and a valid physical address must be provided by Purchaser during checkout. All goods and prices for goods shipped by Doorandoor or by direct shipment from Doorandoor’s supplier or manufacturer are shipped FOB, place of shipment, unless otherwise stated in writing. Purchaser agrees to assume all risk of loss and carry the necessary insurance for FOB, place of shipment. Unless otherwise stated, all orders, quotations, and estimates do not include freight and applicable federal, state and local taxes, and prices quoted are subject to additional fees set forth on all quotes, as well as federal, state and local taxes and any other charges assessed by any governmental entity.
Delivery
A freight company representative will contact Purchaser prior to shipment to schedule a convenient date for delivery. Doorandoor will provide Purchaser with all necessary delivery information to prepare for delivery, including: full carrier information, contact numbers, and tracking numbers. It is Purchaser’s responsibility to work with the delivery center servicing Purchaser’s area to schedule an appointment on the expected date of delivery. Purchaser is responsible for providing a commercial address with a receiving deck or hiring a professional to unload the shipment with a forklift for larger orders. If Purchaser misses an appointment, a re-delivery fee may be assessed by the freight company for which Purchaser is exclusively responsible. If Purchaser is unable to accept delivery of the products within two (2) calendar days after the shipment arrives to the service center, the carrier may also assess monetary charges for storage fees, for which Purchaser is exclusively responsible. If the delivery address is inaccessible or invalid, Purchaser agrees to pay the purchase order amount and the additional delivery charges. Doorandoor strongly advises against pick-up of orders from the freight company's terminal or any location other than the delivery address and Doorandoor will not be liable for any damages arising from Purchaser’s decision to do so. At the point of delivery, Doorandoor will have paid all standard shipping costs, and therefore Purchaser should not be required to pay anything to the shipper at the time of delivery. Any and all such payments, if made by the Purchaser to the carrier or its representatives for any additional services, will be at Purchaser’s sole discretion and cost, and Doorandoor is not liable for the same. Any estimated delivery dates given to you are estimates only and the actual delivery date may vary for a variety of reasons. You expressly state that you have not relied upon the delivery date given and expressly and knowingly waive any and all claims for damages based upon reliance upon a delivery date given to you.
Doorandoor shall not be liable for delay in delivery or default resulting from any cause beyond Doorandoor’s reasonable control, including, but not limited to, governmental action, strikes or other troubles, fire, damage or destruction of goods, wars (declared or undeclared), acts of terrorism, manufacturers’ shortages, availability of timeliness of transportation, materials, fuels, or supplies, and acts of God (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event: (a) the time for Doorandoor’s performance shall be extended reasonably and the Parties shall adjust all affected dates accordingly; (b) the purchase price shall be adjusted for any increased costs to Doorandoor resulting from such Force Majeure Event; and (c) Purchaser shall not be entitled to any other remedy.
Pre-Hung Doors May Be Shipped 'Knocked Down'
All doors, including 'pre-hung' doors, may be shipped knocked down and will require assembly prior to installation.
Receiving - Best Practices
In the exercise of best practices, Purchaser should have basic hand tools present at delivery (e.g., knife, hammer, cutting pliers, etc.) to open crates for inspection without destroying packing materials, as well as a camera or smartphone with camera in order to take pictures of the shipment. For larger orders, it is recommended that Purchaser open the crate in the truck and unload the doors individually (driver’s permission may be required); or alternatively, change the receiving address to a commercial address with a receiving deck. Purchaser is entitled to inspect the shipment before acceptance of the same, and failure to do so may absolve the carrier from liability for concealed damage. If the delivery driver refuses inspection, please note on the delivery receipt the following: 'SHIPMENT REFUSED. DRIVER WILL NOT ALLOW ME TO EXAMINE FREIGHT'. Doorandoor is not responsible for any additional shipping fees other than the standard shipping fee. Doorandoor assumes no responsibility for damage to the product, or personal injury, arising by virtue of the unloading or unpacking of shipments. Do not sign proof of delivery until you inspect the freight. In the case of damage or return, you may use the same packaging. If damage is visible, please take pictures of such damage and note the same on the delivery receipt. Do not sign for deliveries 'subject to inspection'.
Missing Parts
If parts are missing, Purchaser will agree to accept the delivery and notify Doorandoor of the same within three (3) calendar days of the date of taking delivery. Doorandoor will provide replacement parts necessary to complete the order within a reasonable time of being provided notice of missing parts. Doorandoor is not responsible for providing replacement or missing parts in the event it is not timely notified of the same.
Damages
If a shipment arrives with damaged goods, Purchaser must accept the delivery and clearly notate the damage on the Proof of Delivery (POD). Purchaser must inform Doorandoor of any damaged goods within three (3) calendar days of the date of taking delivery.
Minimum Order Amount
As a wholesaler, we are not set up to process orders below $750. A $100 processing fee applies to orders below this amount. This fee is not refundable in case of order cancellation.
Will Call
Some orders are available for pick up from the manufacturer’s warehouse provided Purchaser contacts Doorandoor to advise of pick-up prior to the order shipping. Doorandoor will refund Purchaser’s shipping charges and email Purchaser further instructions for pick-up. The manufacturer’s warehouse is not a retail location, and all orders must be fully processed prior to pick-up.
International Orders
Please call or email Doorandoor for details and shipping rates for international orders.
Refunds and Cancellations
All sales are final except as set forth herein. Orders may be cancelled if a written notice of cancellation is provided to Doorandoor within three (3) business days of placement of the order and the order has not yet shipped. A fifteen percent (15%) cancellation fee will apply to all cancelled orders. ALL CUSTOM ORDERS, INCLUDING CUSTOM-SIZE, PRE-HUNG, AND PRE-FINISHED DOORS ARE MADE TO ORDER AND ARE NOT SUBJECT TO CANCELLATION OR REFUND WHERE PRODUCTION HAS ALREADY COMMENCED. Purchaser has sole responsibility to inspect the products upon their delivery to determine the condition of the products; if Purchaser receives non-conforming or defective goods, Doorandoor will agree to provide conforming goods or a full refund at Doorandoor ‘s option provided Purchaser gives notice to Doorandoor of receipt of non-conforming or defective items within three (3) calendar days of the date of delivery. No refunds will be provided unless the product is returned to Doorandoor by Purchaser in the condition in which it was delivered to Purchaser. Purchaser shall retain receipt and return it with the product in its original packaging. Failure to provide notice in accordance with this section shall result in delivery being deemed accepted for all purposes and will constitute a waiver of any right to refund, return, or cancellation otherwise provided hereunder. Any and all defects in the product must be brought to Doorandoor’s attention prior to any alteration of that product; staining, painting, cutting, installing, or any other alteration of the product by Purchaser voids any cancellation, refund, warranty, and/or other accommodation to which Purchaser might otherwise be entitled.
Risk of Loss
All items purchased from the Website are made pursuant to a shipment contract. The risk of loss for, and title to, such items passes to Purchaser upon Doorandoor’s delivery to the carrier.
Purchase Orders
If any order is preceded by, accompanied by, or followed by a purchase order or other similar document supplied by Purchaser, the parties agree that the terms and conditions set forth in this Agreement shall prevail over any terms contained in such purchase order to the extent they conflict with the terms of this Agreement.
Intellectual Property
Purchaser agrees that intellectual property existing on its Website, and associated with any product oAered on such Website, is the exclusive property of Doorandoor and/or its manufacturers, and Purchaser agrees that it will not use such intellectual property for economic gain or benefit, or in any fashion not contemplated under this Agreement.
Disclaimer of Warranties and Limitation of Liability
Any and all warranties on goods purchased from Doorandoor are those made by the manufacturer. Doorandoor, hereby, expressly disclaims all warranties, either express or implied, including but not limited to, any implied warranty of merchantability or f itness for a particular purpose and neither assumes nor authorizes any other person to assume for it, any liability in connection with the sale of said goods. PURCHASER WAIVES ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. SEE § 672.316(2), FLA. STAT. Any warranties provided hereunder do not extend to any third-party beneficiaries not specifically enumerated in § 672.318, Fla. Stat. Doorandoor does not represent or warrant that the operation of the Website site will be uninterrupted or error-free, and is not liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products, and services are provided on an “as is” and “as available” basis.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THESE TERMS, SHALL Doorandoor BE LIABLE FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE, LOST PROFITS, LOSS OF USE, LOST DATA, OR FOR ANY DAMAGES OR SUMS PAID BY PURCHASER TO THIRD PARTIES, ATTORNEYS’ FEES OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY Doorandoor’s BREACH OF THIS AGREEMENT, (B) ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (C) ANY AMOUNT EXCEEDING THE AMOUNT PAID TO Doorandoor FOR GOODS FURNISHED TO PURCHASER WHICH ARE THE SUBJECT OF SUCH CLAIM(S). PURCHASER WAIVES ANY AND ALL NEGLIGENCE CLAIMS IT MAY SEEK AGAINST Doorandoor ARISING IN CONNECTION WITH PERFORMANCE OR NONPERFORMANCE UNDER THIS AGREEMENT.
Non-Waiver
The failure to assert any right or remedy available under the terms of this Agreement shall not be deemed to be a waiver of any other right or remedy available under the terms of this Agreement Doorandoor
Applicable Law and Venue
The parties acknowledge that this Agreement shall be governed exclusively by Florida state law except where, and only to the extent that, applicable federal law preempts Florida state law. The parties agree that any proceeding regarding the rights and obligations arising under this Agreement shall be brought exclusively in the state or federal courts of: a) Miami Dade County, Florida; b) the location where the goods/materials were incorporated; or c) as otherwise provided by law with Doorandoor having the sole right to choose among any of these jurisdictions and venues for any dispute related to or arising under this Agreement.
Attorneys’ Fees and Costs
In any proceeding brought pursuant to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs against the non-prevailing party, whether those fees are incurred in trial, appellate, or bankruptcy court. The parties waive trial by jury in any action to enforce the terms of this Agreement or to collect any monies owed or claimed to be owed to Doorandoor.
Severability / Entire Agreement
If any term or condition contained herein is deemed unenforceable for any reason, then that term or condition shall be deemed severable from the remaining portions of this Agreement, which shall continue in full force and eAect. The terms and conditions contained on this Website, and the terms and conditions contained on the invoices generated Doorandoor, constitute the entire agreement between Purchaser and Doorandoor. All purchases from Doorandoor are subject to those terms and conditions, which shall be construed in harmony with one another so as to avoid any conflict; in the event of a conflict, the website terms and conditions shall control.