Terms of Service

General Terms:

1. Deposit/Acceptance/Delay/Unknown Conditions – A deposit of 50% of the total amount is required from the Buyer to put down.. All windows are custom-made at manufacturing plants located around the country and shipped to our location. Once the windows are received, the Contractor will call to set an installation date. If the Buyer needs to delay installation for more than three weeks after notification that the order is ready for installation, the remaining balance must be collected before installation. This Contract may be canceled in writing by the Contractor within thirty (30) days of its execution. In the event the Contractor determines that this Contract cannot be performed as intended by the parties due to unforeseen structural defects or pre-existing conditions to the Buyer’s property, the Contractor may cancel this Contract within thirty (30) days of its execution, notify the Buyer of such cancellation in writing from General Manager and return all monies paid by the Buyer. A quote is valid for 15 days.

The Contractor and the Buyer have determined that a definite completion date is not of the essence to this Contract. The Contractor shall not be liable for any delay due to circumstances beyond its control, including strikes, casualty, acts of God, war, public disorders, natural disasters, acts or inaction of governmental agencies or judicial bodies, changes in law, fires, or general unavailability of materials. The Contractor will not be responsible for any work not specifically listed in this Contract. The Contractor will not provide discounts for delays beyond its control or for work not specifically listed in the contract that is required to be performed to complete the work.

2. Late Payment – If payment is not made when due, the Contractor may suspend work on the job until all payments due have been made. A failure to make payment shall be deemed a material breach of this Contract. In the event the Buyer fails to pay any periodic or installment payment due hereunder, the Contractor may cease work without breach pending payment or resolution of any dispute. Maximum allowable interest will be charged on all overdue accounts. Signed contracts may be considered void if no payment is made within 30 days of signing.
3. Default – If the Buyer is in default of this Contract, the Buyer agrees to pay the Contractor’s attorney fees equal to 15% of the defaulted amount or as otherwise allowed by applicable law. The Buyer also agrees to pay any other costs or expenses of repossession, collection, or realization on any security including any court costs, to the extent not prohibited by applicable law. The Contractor’s liability for breach of this Contract shall be limited to the purchase price.
4. Permits – Other than as stated herein, the Buyer is responsible for applying for and obtaining all necessary permits. Upon request, the Contractor may assist the Buyer in obtaining any required permits at the Buyer’s cost.
5. Assignment – The Buyer agrees that the Contractor can assign any of the Contractor’s rights under this Contract without the Buyer’s consent and that the person to whom the Contractor assigns this Contract shall be entitled to all of the Contractor’s rights under this Contract. The Buyer understands that the Buyer’s rights will not be affected by such assignment.
6. Entire Contract – This Contract and any accompanying documents represent the entire Contract between the parties, and there are no prior or contemporaneous oral or written Contracts or representations on which either party is relying. Any alteration or deviation from this Contract, including but not limited to any such alteration or deviation involving additional material and/or labor costs, will be executed only upon a written order for the same, signed by the Owner and the Contractor, and if there is any charge for such alterations or deviation, the additional charge will be added to the Contract price of this Contract.
7. Warranties – There are no express or implied warranties other than those stated in writing by the manufacturer of the goods provided or by the Contractor. The home improvement work performed under this Contract shall be free from all defects caused by faulty workmanship or defective materials due to noncompliance with building standards for a one (1) year period. Window Wizards Install Labor and Service policy provided upon request. The Manufacturer’s lifetime limited warranty may be transferred one time by the original Buyer to a subsequent owner of the property within thirty (30) days of the property transfer date. The original Buyer must request the Warranty Transfer within the time frame stated. The labor warranty does NOT transfer. A transfer fee of $250.00 is charged for any transfer of warranty and a prepaid $75 trip fee will be required for each service call. For “Cash and Carry” orders, no service or labor warranty is provided.
8. Arbitration -The Buyer and the Contractor agree that all disputes hereunder shall be resolved by binding arbitration by the rules of the American Arbitration Association, to be held and arbitrated in the judicial district in which the Buyer resides. The demand for arbitration will be filed within a reasonable time after the dispute, claim, or controversy has arisen, and in no event shall any such demand be made after the date when the institution of legal proceedings would be barred by the applicable statute of limitations. Both the Buyer and the Contractor are hereby agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to address their grievances or alleged grievances. By entering into this Contract, and this arbitration provision, both parties are giving up their constitutional right to have any dispute decided in a court of law before a jury, and instead are accepting the use of arbitration, other than as set forth herein, in hopes of quick and cost-effective resolution of their grievances.
9. Collecting the Final Balance – Upon completion of the initial installation, please be prepared to provide the Final Payment in the form of a check or cash to the Lead Installer after signing the Completion Sheet. In the event you choose to pay with a credit card, the Lead Installer will assist you. All unpaid credit card balances and financing will be processed on the next business day. If the job is incomplete due to unforeseen circumstances, payment is required for all completed work and a retainer may be held by the Buyer of $500.00 per window or door, not to exceed $1000, which will be due at the time of completion. The return check fee is $50.00.
10. DISCLAIMER – The information herein related to the Federal Stimulus Package is for informational purposes ONLY. This information is not intended to be legal or tax advice. You should contact your accountant or other tax professionals for advice related to specific tax benefits of purchasing energy-efficient windows.

Preparing For Your New Windows and Doors:

Congratulations on your decision to increase the comfort level, value, and appearance of your home! To maximize your investment and enable the installation to take place smoothly, we have created this handout to acquaint you with what to expect throughout the installation process. Please read the information below and let us know if you have any questions.

SCHEDULING YOUR INSTALLATION:

1. Quality control – When your windows arrive from the manufacturer we review the size, color, trim, and glass type. If there are any discrepancies or quality issues we will address them immediately. While rare, any issues could cause a delay in your installation if there are missing or broken parts. It is our policy to wait until all parts are received before scheduling your installation.
2. Arrival and departure time – We will advise you of the expected arrival time of the installation team when your installation is scheduled. Unforeseen circumstances, such as inclement weather or traffic, are unpredictable and we ask that you understand if there is a delay or cancellation of your appointment because of these conditions. We typically do not schedule more than two weeks in advance to try and avoid such issues. If for some reason you need to delay your installation for more than two weeks after being notified 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 date requested for installation is more than three weeks.
3. Contract review – Please thoroughly review the contract with both the sales representative and installation coordinator to confirm the scope and specifications of the project. Only the items and services listed on the contract will be completed. If you have any questions or concerns, now is the time to ask.
4. Renovation projects – If you are a contractor or are remodeling your home, we advise that the first step of the remodeling project should be your windows. Should your project be delayed due to delays from our manufacturer, no discounts will be provided.
5. Communication – After your order has been placed, Window Wizards Install will periodically communicate the status of your order. Once your order arrives we will call you to schedule the installation.

BEFORE YOUR INSTALLATION:

1. Access to windows and doors – Please clear the space approximately three feet around the interior and exterior of windows and doors to allow our installation team room to work and also to protect your furniture.
2. 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 coverings removed before installation.
3. Plants and landscaping – The installation process requires that we work in planters and other landscaped areas that are adjacent to the windows and doors. Please survey your yard before installation and look for potential obstructions. Some trees and vigorous bushes need to be pruned back to provide access to the windows. We strive to be careful when working around landscaping but our priority is to focus on our work, your windows, and our safety while working on your property.
4. Pets – We will need your help in supervising your pets. We are not always able to close a gate or door behind us when carrying a window, so please keep pets in a safe place. Please secure dogs that have an aggressive nature toward strangers.
5. Alarm systems – If you have an alarm system, the company should be notified before installation as they will be responsible for the disconnection and reconnection of your alarm system. Window World does not accept any liability for issues regarding alarm systems.
6. Multi-day installations – If an installation is expected to require more than one day, we will only remove windows that can be reinstalled the same day. Although the installation may not be complete, all windows will be weather-tight and secured temporarily overnight.

DURING THE INSTALLATION:

1. Set up – We will set up our worksite as close to your windows and doors as possible. Generally, your driveway is the best spot. If using the driveway will block a garaged vehicle, please be ready to move it out if needed.
2. Getting started – Upon arrival, the crew leader will determine which window or door to begin with. If you have a preference, feel free to advise us and we will accommodate you to the best of our ability.
3. Gaps around windows – You will notice gaps around the windows during installation. The gaps allow for the expansion and contraction of both your home and windows and are required by the manufacturer. Expect the gaps to be up to one inch depending on the type of window, the squareness of the opening, and the installation method. The gaps will be sealed appropriately to be weather-tight upon the completion of the installation.
4. Dust and debris – Construction work can be messy depending on the scope of the job. It is an unfortunate reality of remodeling but we do our best to clean as we go. When the old windows are removed, gusts of wind typically flow through your home. Please gather important papers and other small items that can be disturbed by the wind and relocate them. Computers, TVs, and other electronic equipment should be covered or relocated temporarily. We do our best to use tarps and not track any debris and dirt into your home. If you are overly concerned about any of your rugs, carpet, or flooring please prepare by removing them or covering the primary walkways to and in front of windows. Even after we have cleaned up, we advise you to survey the area for anything we may have overlooked, especially in a child’s room.
5. Damage to the property – Due to the condensation or “sweat” from old aluminum or steel windows, it is common that the drywall or wood trim around the window is water-damaged and will fail during the removal process. Additionally, any patchwork done over the years will likely fall out as well. Any repair to drywall or trim is the responsibility of the homeowner and not Window Wizards Install unless explicitly stated in the contract. In some cases, due to out-of-square openings, new trim is required to make the window look finished and aesthetically pleasing. Unless written permission is granted and paid for by the homeowner at the contracted price, trim will not be provided or installed by Window Wizards Install. If the trim stops around the existing windows are dry and brittle, they may snap or crack upon removal of the window. If this happens, we can either leave them off or replace them at the contract price. Many of the old-style stops are no longer available and will be replaced with new, readily available stops.
6. Mortar – Many times during the tear out of your existing windows, the mortar will break and fall out. It is our policy to replace any broken mortar with a clear caulk as it will adhere to your vinyl frame better than mortar. It will also make the transition from the rock to the window look much smoother. If you choose mortar instead of clear caulk, you will be responsible for the cost and scheduling of a mortar professional.
7. Additional charges – Should we discover any hidden damage (water, termite, rot, mold) to the home during the process we will advise you before proceeding further with the installation. If the repair is decided upon, the contracted price of the repair will be added to the balance due. There will be an additional charge of $100.00 for our installation crew to make an additional trip to complete the installation in these circumstances.
8. A/C window units – For a charge, Window Wizards Install will remove A/C window units. Window Wizards Install will not install or reinstall any A/C window units and we recommend that the customer not install any window units until the caulk around the window fully cures (approximately 72 hours). This will reduce the likelihood of any water intrusion.
9. Stopping the installation – If the Buyer stops the installation before the Contractor has completed the installation of a window, door, or siding, the Buyer is responsible for all damages to the structure caused by the intrusion of weather or insects; the Contractor does not accept liability for any damages in these instances. There will be an additional charge of $500.00 for our installation crew to make an additional trip to complete the installation in these circumstances.

AFTER THE INSTALLATION:

1. Walkthrough – We require that you check all window locks, functionality, screens, and caulk before our team’s departure. This ensures that issues, if any, are addressed and corrected immediately. Feel free to discuss any questions you have with the installer at this
   time.
2. Clean up – We will remove any debris caused by the removal and installation of the windows or doors. Please walk around to see if anything was missed and our team will be happy to address it. Do expect there to be dust around your home up to 48 hours after the installation as that is an unavoidable effect of construction. We recommend changing your air conditioning air filter two days after installation.
3. Paint and stain touch-up – You can expect to do some touch-up painting and staining, especially if there is water damage, around/ the windows after the installation. Our interior and exterior caulk is paintable and stainable to allow for necessary touch-ups. If wood trim is purchased by the Buyer, all painting is the responsibility of the Buyer.
4. Damage to walls and trim – Due to the condensation or “sweat” from old aluminum or steel windows, it is common that the drywall or wood trim around the window is water-damaged and will fail during the removal process. Additionally, any patchwork done over the years will likely fall out as well. Any repair to drywall or trim is the responsibility of the homeowner and not Window Wizards Install unless explicitly stated in the contract. In some cases, due to out-of-square openings, new trim is required to make the window look finished and aesthetically pleasing. Unless written permission is granted and paid for by the homeowner at the contracted price, trim will not be provided or installed by Window Wizards Install. If the trim stops around the existing windows are dry and brittle, they may snap or crack upon removal of the window. If this happens, we can either leave them off or replace them at the contract price. Many of the old-style stops are no longer available and will be replaced with new, readily available stops.
5. Window cleaning and stickers – We recommend that the windows not be cleaned for 72 hours after the installation. This is because we do not want any cleaner or water to cause the caulk around the windows to fail or be stained by the cleaner. Our installation teams will also leave all stickers on the windows. In case your windows are required to be inspected we recommend that you keep the stickers to show to the inspector. When you remove the stickers, we advise that you mark which window they came off of and keep them for faster service for any future warranty service.

COLLECTING YOUR FINAL PAYMENT:

Upon completion of the installation, please be prepared to provide the final payment.

1. Pay the lead installer in the form of cash or check.

All financed jobs will be processed on the next business day. A payment statement will be provided to you after a completion form is signed.

If the job is incomplete, payment is required for all completed work. A retainer may be held by the Buyer of $500.00 per window or door, not to exceed $1000, which will be due upon completion.

Please thoroughly review your contract to confirm the scope and specifications of the project. Only the items and services listed on the contract will be completed. If you have any questions or concerns, please ask.
Thank you for letting us serve you!