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Sales and Service Agreement Terms and Conditions of Sale

1. SCOPE OF APPLICABILITY

  1. The 1stwindows.com website is operated by California Distribution Center, Inc. dba: 1stwindows. (“1stwindows” “our website” or “the website”). The terms “we”, “us”, and “our” refer to 1stwindows.
  2. The Sales and Service Agreement Terms and Conditions of Sale (“TCS”) apply to all sales of goods and services by us through our website notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from you. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.
  3. We reserve the right to change these TCS at any time. Your purchase of goods or services from our website is subject to the most current version of the TCS posted on our website at the time of such purchase. We encourage you to review the TCS at the time of purchase.

THE TCS INCLUDES IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND ANY CONDITIONS OR LIMIATIONS RELATED THERETO THAT APPLIES TO YOU.

2. OFFERS, PURCHASE ORDERS AND ORDER CONFIRMATIONS

  1. All sales of goods are final. Your credit card will be processed at the time of the order completed electronic signature or some other form of signature on sign off paperwork that we approve at our sole discretion. All sales of services are final and a payment of 100% is due at the time of the order.
  2. All offers made by us are subject to the availability of the goods and services offered. You agree that your order is an offer to buy from us the goods and/or services identified in your order. We accept no obligation to fulfill your order until we have accepted your order with electronic signature email or some other form of signature on sign off paperwork that we approve at our sole discretion. The acceptance of your order by us is at our sole discretion.
  3. You agree to provide us with accurate, current, and complete personal information including payment (credit card) information, such as your email address, mailing address and other contact details in order for us to complete your order or contact you as needed. You agree to maintain and promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy. We rely on this information to send you important information and notices regarding your account and our goods and/or services.
  4. No rights afforded to you and no obligations of you may be assigned or delegated to another person or entity without the written permission of 1stwindows and, unless written permission is provided, your obligations according to the TCS remain intact.

3. You must become a Member to purchase goods and/or services from us. You do not need to become a member to obtain pricing.

4. REGISTRATION AND MEMBER INFORMATION

  1. To become a Member of 1stwindows you must submit a complete 1stwindows registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, (b) you personally are signing up as a Member, or that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate. Member must update registration information to ensure that it continues to be current, complete, and accurate. 1stwindows reserves the right to accept or reject Member registrations for 1stwindows. 1stwindows may also display entity names as part of the registration process to facilitate an individual registrant's affiliation with the correct entity. You consent to such use.
  2. Upon acceptance of Member's registration form, 1stwindows shall provide to Member a Username and password. Upon Member's receipt of that Username and password, 1stwindows authorizes Member to order from our website subject to the Terms and Conditions.

5. OUR PRIVACY STATEMENT

  1. After you have purchased our goods and/or services, we may be in communication with you about your account, new passwords, goods on sale, technical questions you may have about services provided by us, or any other matter relating to those goods and/or services. Those communications are essential to our relationship with you and to our ability to provide you with quality goods and/or services that are responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our services. We therefore may maintain this information for future use.
  2. The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., credit card numbers, account passwords) in the interest of heightened privacy protection and information integrity.
  3. You have the ability to correct or change certain information in our records, such as your address and contact information. You may change this information at any time and as often as necessary. If you need assistance or have questions about correcting information, you can contact us via e-mail.
  4. Another example of our use of information is our efforts to enhance the experience of users in our network of websites is our reliance on cookie files. We use cookie files to make it easier for users to access our website. A cookie file is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the website uses to track the pages you've visited. But the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other websites.
  5. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser; however, some of our websites may require a cookie for access.
  6. All Member and user information is subject to the Privacy Policy. You agree that we, in our sole discretion, may modify our Privacy Policy. You agree that, by using our services and our website, after modifications to the Privacy Policy become effective, you have agreed to these modifications. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our Privacy Policy and we will take reasonable precautions to protect your personal data from loss, misuse and unauthorized access, disclosure, alteration or destruction.

6. PRICES AND TERMS OF PAYMENT

  1. The prices for goods, including any discounts, may change at the sole discretion of 1stwindows. The prices for goods and/or services shall be those set forth in our order confirmation. All prices are exclusive of taxes, impositions and other charges, including, but not limited to, sales, use, excise, value added and similar taxes or charges imposed by any government authority or shipping and/or handling costs. 1stwindows reserves the right to cancel any order containing an inaccurate pricing amount or misdescription of any goods or services.
  2. Unless expressly stated otherwise in our order confirmation, payment for goods shall be made without offset or deduction.
  3. You must submit such financial information from time to time as may be reasonably requested by us for the establishment or continuation of payment terms. We may in our sole discretion at any time change the agreed payment terms without notice by requiring payment in advance.
  4. Title to goods delivered shall remain vested in us and shall not pass to you until the goods have been paid for in full.
  5. All purchases within California & Washington will be subject to Sales Tax For all purchases outside of California, the contractor and/or purchaser is required to pay all local, use, and state taxes.

7. TERMS OF DELIVERY

  1. Unless expressly stated otherwise in our order confirmation, all deliveries of goods shall be made by the manufacturer of the goods or its contracted carrier. It is the sole responsibility of you to identify a fully accessible location for delivery and to provide a representative at the delivery to accept the goods. You must inspect the product at the time of delivery. You agree to have yourself or other person/persons at the job to help unload the manufacturer’s delivery truck. You agree that the job site can be accessed by up to a 48 foot tractor/trailer and will have a clearance height of a minimum 14 feet.
  2. You have 5 working days to report damage or the manufacture can deny the claim or may result in you installing a warranty part/parts.
  3. If you notice damage during delivery call us to advise you if it should be refused or serviced at the job site.
  4. d. Delivery of the goods by the manufacturer may be made in partial shipments.
  5. If you refuse a delivery or job site is inaccessible then a redelivery fee will be applied and a $50.00 per day storage fee.
  6. f. We will verify that the manufacturer will approve your job site address for shipping prior to placing your order with the manufacturer.
  7. At our sole discretion, we may offer the collection of the goods as “Will Call” at our office or a manufacturer's facility. All Will Call orders of goods must be picked up within forty-eight (48) hours of availability. At our sole discretion, we may deliver goods purchased as Will Call.

8. SHIPPING

  1. A set shipping fee will apply per manufacture for all orders. See Shipping Page for Manufacturer Shipping Rates. We will notify you of your ship date once the order has been processed by manufacturer. This date cannot be changed. Shipping may be delayed upon strikes, accidents or delays beyond our control.
  2. A onetime flat rate fee of $299.00 will apply to all orders.
  3. Estimated lead time is based on customer locations. 11-27 days.

9. WARRANTY

  1. We make no other warranty, express or implied, with respect to goods delivered hereunder, and the warranty constitutes our sole obligation in respect of any lack of conformity of goods delivered hereunder (except title). In particular, we make no warranty with respect to the merchantability of goods delivered or their suitability or fitness for any particular purpose. All product warranty is under the manufacturer's warranty.

10. RETURN POLICY / ACCEPTANCE OF GOODS

  1. All purchases or goods are non-returnable and non-refundable. Such goods include, but are not limited to, windows and doors that are made to order. Purchases of goods are custom made to your specifications for your project. You must carefully inspect goods delivered to you upon receipt to ensure the goods match what you ordered from us. You are deemed to have accepted goods once delivery has been completed and accepted by you. The manufacturers tolerance for measurements is + or - 1/8th inch. It is your responsibility to make sure that your windows/doors will meet all your state and local building code requirements.

11. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

  1. If any goods delivered hereunder are held to infringe a third party’s patent, design, trademark or other intellectual property right and you are enjoined from using same, we will, at our option and expense, (i) procure for you the right to continue using the goods; (b) replace the goods with non-infringing substitutes provided that such substitutes do not entail a material diminution in performance or function; (c) modify the goods to make them non-infringing; or (d) refund the purchase price of the goods less a reasonable amount for usage. The foregoing states our sole liability for intellectual property rights infringement.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL 1STWINDOWS OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE OR ENHANCED, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS WHETHER OR NOT 1STWINDOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE TCS OR USE OF THE 1STWINDOWS.COM WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE 1STWINDOWS.COM WEBSITE.

IN ANY EVENT OF RECOVERY SET FORTH BY A COMPETENT COURT, YOUR RECOVERY FROM US FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE FOR THE GOODS GIVING RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

  1. We shall not be liable for any claims based on our compliance with your designs, specifications or instructions or repair, modification or alteration of any goods by parties other than us or use in combination with other goods.

13. FORCE MAJEURE

  1. We shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond our reasonable control, including, but not limited to, acts of God, pandemics, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature, outages of the Internet or connections thereto, communications outages, earthquake, or flood; or any acts of governmental bodies or authorities. Our obligations and rights shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, our respective obligations shall resume.

14. GOVERNING LAW

  1. The 1stwindows.com website is controlled by California Distribution Center, Inc dba 1stwindows from its office/offices within the state of California, United States of America. By purchasing goods and/or services through this website, you and 1stwindows agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to the purchase and/or the TCS. You and 1stwindows also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California with respect to such matters. 1stwindows makes no representation that good and/or service purchased on this website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

15. ARBITRATION

  1. 1stwindows reserves the right, at its sole discretion, to require you to submit any controversy or claim arising out of or relating to our website, the Terms, and/or the TCS to final and binding arbitration by the American Arbitration Association applying California law. The judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. Any other venue for dispute resolution must be approved by 1stwindows in advance and is at our sole discretion.

16. WAIVER/SEVERABILITY

  1. No waiver of any provision of these TCS shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of these TCS shall not constitute a waiver of such provision or any other provision(s) of these TCS.
  2. Should any provision of these TCS be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the parties and enforced as modified. All other terms and conditions of these TCS shall remain in full force and effect and shall be construed in accordance with the modified provision.

17. HEADINGS

  1. Any headings and titles herein are for convenience only.

18. ENTIRE AGREEMENT

  1. The TCS and any documents expressly referred to in them, including sales confirmations, represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into the TCS, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such TCS, except as expressly stated in the TCS. This Agreement may be modified only by 1stwindows posting new TCS in the same location the previous TCS were posted.
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