TERMS & CONDITIONS
Updated February 2018
Prices on specified products are exclusive of all city, state and federal excise taxes, including, without limitation, taxes on manufacture, sales receipts, gross income, occupation, use and similar taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by the buyer. Sales Taxes are always responsibility of Buyer.
AWNEX requires 100% payment with the order unless specified otherwise in our Proposal. To ensure installation schedules and manufacturing economies, Awnex may produce product in advance of installation by 30 days or more. If Progress Payments have been pre-arranged, balance for product is due upon manufacturing completion. If product is ready and installation is delayed for reasons outside of Awnex’s control, Awnex reserves the right to invoice for any product that is complete and ready for installation. Installation is invoiced separately and is due 30 days after installation. Additionally, AWNEX accepts Credit Card payments for all charges including Product, Professional Services, Installation, Engineer’s Seal, and Change Orders.
Retainage is strictly forbidden.
All permitting to be done by the owner, owners representative or general contractor. Awnex does not include ANY permits unless specifically outlined in our project specific quote. Permitting can be done by Awnex as long as sufficient time is allotted for and prior to project fabrication of materials. Permitting costs to include all costs required to pull the permit (expediter, cost of permit, Awnex PM time, etc…) plus 20%.
Awnex pricing has been calculated based on the current prices for the component materials, labor and availability. Due to market volatility occasionally sudden price increases occur. Awnex agrees to use our best efforts to obtain/negotiate the most economical pricing/terms for materials, labor, third party services and operating cost. Should there be an increase in the pricesofthese componentsafterexecutionof contract, Buyer/Customer agrees topay that costincreaseto Awnex as provided herein. Any claim by Awnex for payment of a cost increase, as provided above, shall require written notice delivered by Awnex to Buyer/Customer stating the increased cost in question. When Awnex has experienced a rise in cost of any component that would cause the total contract price to increase by 2.5% or more, a Price Increase Change Order will be issued specifying the reason for the change. Owner/Buyer may terminate the Order/Contract at that time by advising Awnex within 3 days of receipt of the Change Order plus payment to Awnex for purchased materials, engineering and labor expended up to this point in connection with the Order. Price Increase Change Orders of this type not officially answered by Buyer/Customer in 5 days of receipt, at Awnex’s option the Order will be terminated or Awnex will proceed pursuant to the increased price. All pricing is subject to change based upon site conditions, state and local structural engineering requirements or any necessary changes beyond the control of AWNEX, Incorporated.
PRODUCT DELIVERY DELAYS
All orders are accepted by AWNEX, Incorporated with the understanding of Buyer that such orders are subject to AWNEX, Incorporated’s ability to obtain the necessary raw materials. Shipments are subject to AWNEX, Incorporated’s current manufacturing schedule. Without limiting the foregoing, AWNEX, Incorporated will not be liable for any delay in the performance of orders or contracts, or in the delivery of shipments of goods, or for any damages suffered by Buyer by reason of such delay, if such delay is, directly or indirectly, caused by, or by any manner arises from, fires, floods, accidents, civil unrest, Acts of God, war, government interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these hereinto fore specified) beyond AWNEX, Incorporated’s control.
All the material necessary for AWNEX, Incorporated to fill this order is custom produced. Accordingly, it is understood and agreed that this order is not subject to cancellation by Buyer accept as noted below. It is further understood and agreed that if the Buyer breaches this contract prior to shipment for any reason whatsoever, the Buyer immediately owes AWNEX a sum equal to fifty (50%) percent of the contracted price set forth above as fixed, liquidated, and ascertained damages without further proof of loss or damages. All product orders are non-cancellable when product is ready for shipment.
This instrument shall become binding on AWNEX, Incorporated upon the acceptance hereof by AWNEX, Incorporated or upon commencement of the work. It is to be understood that this instrument upon such acceptance or such commencement constitutes the only agreement between AWNEX, Incorporated and the Buyer, and that no representative of AWNEX, Incorporated has made any representations, oral or written, modifying or adding to the terms and conditions herein set forth on this copy.
It is further understood and agreed by the parties hereto that if any payment as here or elsewhere set forth is not made by Buyer in accordance with the terms hereof or thereof, Buyer agrees to pay all cost of collection incurred by AWNEX, Incorporated, including all reasonable attorney’s fees .
SITE SURVEYS/FIELD MEASURE & STAMPED ENGINEER DRAWINGS
Site Surveys, sometimes referred to as Field Measures or Field Surveys, must be conducted prior to manufacturing commencing. Awnex, Incorporated takes full responsibility for the manufactured product complying with the measurements provided from the Site Survey when performed by Awnex. When the Site Survey measurements are provided by the Customer, General Contractor or their agent, Awnex warrants it will manufacture the products according to the measurements as provided in said Site Survey. ALL MEASUREMENTS FROM THE SITE SURVEY ARE CONSIDERED FROZEN WHEN SITE SURVEY HAS BEEN SUBMITTED AND APPROVED. Charges for potential product changes required when the product does not properly fit due to faulty Site Survey measurements as taken by the Customer, General Contractor or their agent are the customers’ responsibility. Moreover, customer warrants that they will follow the Blocking Details as specified and detailed in Awnex drawings to ensure proper fit of products. Product produced based on the Customer or General Contractor’s commitment to “HOLD TO” all measurements not confirmed by Site Survey are the responsibility of Customer. Awnex provides “Stamped Drawings” by a certified Structural Engineer when requested. Stamped Drawing fees are generally determined by the Structure, Local Building Code, and Awnex provided product. All Stamped Drawings are provided electronically unless “Wet Stamps” are requested. Wet Stamp delivery will incur an additional charge of $150. *Please note that any deviation from the approved blocking details voids the Engineers Stamp (If Applicable).
SITE CONDITIONS FOR AWNEX PROVIDED OR COORDINATED INSTALLATION
Awnex provides Blocking Details (see blocking section below) for each installation provided by Awnex or others. It is imperative that Blocking be installed per Awnex specific project details. The optimal Blocking methodology is to install a continuous run of Blocking at the specified height(s) in double or triple layers per Awnex submittal drawing details. Additionally, before installation can start building exterior finishes need to be 100% (paint, stucco, EIFS, brick, pressure washing, etc…) completed. Site concrete needs to be complete or building edges need to have compacted GAB installed for material lift to be used to raise product and safe ladder operation. Exterior paving complete, including concrete pours, as to not interfere with site mobility. Open trenches on site need to be filled prior to Awnex arrival. Scheduling conflicts such as paving, concrete pours, signage contractors, equipment delivery, glazing contractors, etc… should be avoided if at all possible. Any deviation from the above conditions may results in a remobilization that includes crew re-deployment and equipment rental for which the customer is responsible. Rental equipment may be included in bundled Installation Quotes and will be charged separately when remobilization is required should the equipment be required as per Awnex Installation Mgr. Afterhours Installation (night installs requiring work to take place after 7PM or start before 6AM) must be coordinated in advance and will incur increased Labor Fee of $1500 and potentially additional equipment. Unless Awnex’s proposal specifically calls-out Afterhours/Night Time Installation, all work will take place during regular working hours and daylight.
Inclement weather (snow, ice, high winds and rain) can cause serious safety issues and downtime if not dealt with in a timely manner. If snow or ice exists in the areas where Awnex materials are to be installed, please have it cleared prior to the install teams’ arrival so ladders and equipment can be used in a safe manner. Any downtime incurred, due to unsafe site conditions, will result in a change order of $240/crew hour, remobilization, equipment, per diem and hotel expenses.
Occasionally Changes are required to the Approved Construction Design. Any changes, revisions or deletions, to the original contract/purchase order, must be authorized by both parties, in the form of a change order. In the event of a required Change, Awnex will inform the customer of the change and reasoning, advise any increase or decrease in financial amounts involved and timeline increases of decreases. Change Orders require the approval of Awnex and the customer on the signed form or by return email including the Change Order with the specific statement “I/WE Approve the Changes as presented herein”. Change Order(s) will reflect changes to the Contract Sum, Contract Time, or Guaranteed Maximum Price. As such, Change Orders supersede the original contract. Owner/Buyer may terminate the Order/Contract at that time by advising Awnex within 3 days of receipt of the Change Order plus payment to Awnex for purchased materials, engineering and labor expended up to this point in connection with the Order. Pursuant to Price Increase Change Orders ONLY, should they not be officially answered by Buyer/Customer in 5 days of receipt, at Awnex’s option the Order will be terminated or Awnex will proceed pursuant to the increased price.
Without exception, Awnex installation crew leaders are not authorized to issue/approve change orders. Work cannot commence without the prior written receipt of a change order executed by the Awnex Project Manager.
At the conclusion of the Installation, if Awnex installed, we will provide a list of items needing further attention to close out the job. Awnex will advise a course of action regarding any open issue within five business days from leaving the site with a plan of action to resolve in 30 days. Should Awnex not be the installer of record, it is the responsibility of the GC or Owner to advise any product related open issues within 30 days of installation departure.
Modifications made to the product without the express written permission from Awnex that are not specified in the Installation Guide and/or Drawings void the product warranty. Examples but not limited to includes cutting components defacing the exterior, altering the paint, drilling holes, and changing the attachment specifications Alterations made to attach lighting to front or back supports do not affect the warranty unless other functional areas of the system are invaded and rendered nonfunctional.
Proper blocking is critical to a safe and successful installation. It is the responsibility of the customer or their General Contractor (G.C.) to ensure that the blocking is in place and is in accordance with Awnex supplied specifications. If for any reason the blocking is not in place when we arrive for the installation, Awnex will either (a) leave or re-schedule the installation applying a trip charge equal to estimated miles and time or (b) stay, we will charge $120.00 per man-hour ($240 per crew) for any time spent resolving the issue. *Please note that any deviation from the approved blocking details voids the Engineers Stamp (If Applicable).
The production drawings will be completed within five business days from the completed Site Survey. They will then be sent to the customers’ Project Manager for approval. Once we receive the approval, the four-week manufacturing leadtime begins
Listed lead times below are typical. However, lead times can vary depending on current backlog.
• Submittal Drawings -5-10 business days after receipt of PO / Contract and any required deposit.
• Field Measure – should be scheduled as soon as the Site Supervisor advises required wall, siding, EFIS, Stone etc. is inplace should this be a contracted service provided by Awnex. If finished wall materials are not complete, general contractor must abide to hold to measurements.
• Delivery – 4-6 Weeks upon Construction Drawing or Submittal Drawing Approval, confirmed final measurements or as specified in Proposal.
AWNEX, Incorporated is not responsible for final electrical connections or any costs associated with local or state permits (see permitting section above).
AWNEX, Incorporated is not responsible for proper functioning of the lights, fans or other electrical equipment once the electrician runs power to these devices. If a problem occurs, the Buyer is responsible for contacting the electrician responsible for making the final electrical connections.
All Shipping is FOB Origin.