Terms and Conditions

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CUSTOMER REVIEW:

Quotes are based on the products as listed. Customer must review quote and verify, including but not limited to: quantities, sizes, types, finishes, glazing, and adherence to specifications and job requirements and any relevant local or national codes.

PRICE ADJUSTMENTS:

Park Avenue reserves the right to adjust its pricing in any of the following circumstances:

• if this quote expires prior to Customer approval;

• if changes are made to quantities, products, or other terms and conditions of this quote;

• if the Customer requests delivery dates extending beyond agreed timeframes or beyond 6 months from the date of this quote;

• if the order is not fully defined for entry (if applicable, shop drawings must be approved within 30 days after Customer submits its purchase order or otherwise approves this quote); or

• in the event of any extraordinary increase in cost associated with manufacturing, supplying, or distributing the quoted products, upon notice to the Customer at any time prior to Park Avenue’s entry of Customer’s order.

ORDERING PROCESS:

A quote is an offer by Park Avenue Windows & Doors (“Park Avenue”), a Texas corporation, to sell to the Customer the products described herein at the prices indicated, subject to the terms and conditions stated in this document, including the referenced Park Avenue warranty and the limitations of liability described therein. Unless otherwise agreed, this offer shall expire after the quote availability date listed on the quote.

In order to accept such offer, and before Park Avenue begins to fabricate such products, Customer must:

• Review and approve this quote;

• Provide any additional details or information Park Avenue requires regarding the job or the Customer;

• If applicable, complete and submit a credit application subject to approval by Park Avenue’s credit department; and

• If applicable, submit approved Shop Drawings which are incorporated into the order.

Park Avenue’s entry of a sales order will serve to acknowledge completion of these steps. Any purchase order or other document that Customer may use to indicate acceptance of this quote shall be considered for Customer’s internal purposes only, and notwithstanding any language to the contrary in any such document, any resulting order shall remain subject to the governing terms and conditions stated in this quote. Park Avenue expressly objects to, and does not accept, any conflicting, modified, or additional terms or conditions proposed by Customer unless such proposed terms and conditions are specifically approved in writing by Park Avenue’s credit department, legal counsel, or an appropriate officer of the company.

TAXES:

Unless otherwise indicated, sales or use taxes are not included in this quote. If taxes are not included, it shall be Customer’s responsibility to ensure payment of any applicable state, municipal, or local sales or use or other taxes, and Customer shall indemnify Park Avenue against any claimed failure to pay such taxes when due.

PAYMENT TERMS:

Payment terms are subject to approval by Park Avenue’s credit department, based in part on Customer’s credit application and its terms and conditions, including interest of 18% per annum plus all costs of collection, such as attorney fees and court costs. It is understood and agreed that the goods quoted are specially manufactured or fabricated to order and will be paid for by Customer in accordance with these terms and conditions. All orders require a 50% deposit, 40% upon delivery and 10% at installation. 

LEAD TIME ESTIMATES:

Any lead times provided are estimates only. An estimated delivery date will be established by Park Avenue and communicated to Customer once the sales order is entered. Park Avenue shall not be responsible for any delay damages or any other associated costs resulting from the delivery of goods after the estimated delivery date.

CHANGE ORDERS:

If the Customer requests any change to an order after placing an order, then the Customer will be responsible for all costs incurred by Park Avenue in processing such change, and Park Avenue may require submittal of a written Change Order documenting the requested changes.

WARRANTY:

The sale of the quoted products is subject to Park Avenue’s Limited Warranty for Luxury Homes dated 6/1/2024, which contains the relevant manufacturer’s warranty and various limitations of liability, and is hereby incorporated by reference. This warranty may be enclosed with this quote and is available at www.parkavenuewindows.com/warranty-information/. Customer will provide this warranty to the end user as appropriate. This warranty is not applicable to orders involving parts or service for purposes of repair or replacement.

• UNDELIVERABLE PRODUCT STORAGE FEE:

If Customer is not willing or able to accept delivery of an order that is ready for shipment, then for any delivery delayed by more than 14 calendar days from the estimated delivery date, an undeliverable product storage fee of $1,000 per trailer per week will be added to the order, which may be invoiced at that time. For deliveries delayed beyond 4 weeks, such fee shall increase to $1,500 per week.

• DELIVERY – UNLOADING – DETENTION FEE:

Customer acknowledges that Park Avenue products may be large or heavy, may require lifting assistance, and may shift during transport, presenting various risks of damage or bodily injury resulting from tipping or falling during delivery, unloading, or handling.

Upon delivery, the Driver is responsible for removing straps and otherwise preparing products to be unloaded, unless Customer performs such tasks. Upon request, Customer must assist Driver inside the trailer when necessary to handle large items or otherwise ensure safety and avoid product damage. Customer will provide Driver sufficient opportunity to scan each item in an orderly fashion during the unloading process, in order to properly document which items were delivered and whether any products were damaged during transit. Any damaged product must be photographed and documented using Driver’s electronic scanner or the paper delivery ticket.

Customer is responsible for inspecting products during delivery, unloading products from the trailer in a safe and efficient manner, and properly training relevant staff to safely unload and handle such products. Customer assumes all risk and shall be responsible for any damage, loss, or injury resulting from the unloading process or subsequent handling.

If offloading time exceeds 4 hours for a full trailer at a jobsite, or 2 hours for other deliveries, then Customer will be responsible for payment of detention fees in the amount of $150 per hour. Park Avenue is not responsible for any product loss, damage, or injury occurring after delivery.

• PRODUCT HANDLING & STORAGE:

Customer is solely responsible for proper handling and storage of the product after delivery. In order to retain warranty coverage, products must be stored in an upright and secured position not exposed to outside weather, both during and after delivery. Specifically, Park Avenue window and door units must be kept in an upright/vertical position, and may be damaged by laying in a flat or horizontal position. For pre-fabricated wall panels, such panels must be erected and installed before Park Avenue window and door units are installed and incorporated into the building envelope.

• PRODUCT RATING INFORMATION:

Individual units greater than gateway size may have a reduced rating per Park Avenue’s calculations.