These Terms and Conditions exclusively govern and control each of the parties’ respective rights and obligations regarding the purchase and sale of any products. Any terms and conditions in any purchase order, confirmation, documents, or written or oral communications conflict with these Terms and Conditions, are deemed rejected by Torstenson Glass, LLC (“TG”) and will not modify these Terms and Conditions or be binding on the parties unless such terms have been fully approved in a signed written document by authorized representatives of both parties.
- Payments. All payments shall be made in US Dollars and must be made in full, without setoff. Any payment that is not made in accordance with the terms shown on the invoice may, at TG’s option, be subject to a late payment fee in an amount equal to 1-1/2% per month of the past due amount or the maximum amount permitted by applicable law, whichever is less.
- Energy Surcharges. Certain orders may include an energy surcharge. Due to constant changes in the supply chain the energy surcharge may change; we will continue to monitor and review this quarterly.
- Quotes. All quotes are valid for 30 days, after 30 days a new quote is required.
- Taxes. All applicable federal, state or local sales, use, occupational, or excise taxes are the obligation of Buyer and shall be in addition to the price or prices stated on any quote or invoice. TG shall have the right to invoice separately any such tax as may be imposed by any governmental taxing authority and Buyer shall promptly pay such tax unless applicable tax exemption certificates are furnished by Buyer.
- Transfer of Title. Buyer hereby grants to TG, and TG hereby retains a security interest in the products and the proceeds thereof, until the purchase price therefore is fully paid. If requested, Buyer will execute and file whatever documents are reasonably requested by TG to perfect the security interest granted hereby. However, no security interest shall be granted to or retained by TG in any state where doing so would, under that state’s laws, impair or limit TG’s exercise of mechanic’s lien rights. Title to each of the products will transfer to the Customer upon payment in full for such product.
- Damaged or Missing Items. All claims for damaged good or missing items must be made in writing within 5 days of delivery. All damaged goods and packaging materials must be saved for inspection by TG.
- TG Return Policy. Any damaged material that a Buyer wishes to return must be pre-approved by TG and have an authorization number issued by a TG salesperson or representative. TGs liability is limited to the replacement cost of the product, additional expenses are not covered. TG will assume that any product damaged after installation was not damaged prior to installation and therefore does not constitute a defect of manufacture.
- Delivery Damage Claims. If delivery is made by a third party (not by TG) then all damage claims must be made by Buyer against such delivery party, regardless of who paid the freight.
- Buyer Responsibility for Product Retrieval. Unless Buyer directs delivery to a location specifically addressed on the front of an invoice, Buyer is responsible for arranging pickup of product from TG. Buyer is solely responsible for providing adequate transportation, equipment and manpower to ensure the adequate and safe loading, securing for transportation, and transport of product away from TG, including, but not limited to, providing drivers and other loading personnel who are properly trained in loading, securing, and assessing loads and vehicles to ensure safe transportation. Buyer represents to TG that it will maintain adequate insurance coverage related to all aspects of the loading and transport of the product and shall ensure full compliance with all applicable laws related to transport of the product, including, but not limited to, with respect to the equipment, vehicles, drivers, and other personnel provided by Buyer or its agent for transport of the product. TG shall have no obligation to assist in the loading of product or the securing or assessment of loads and vehicles on behalf of Buyer or its agent. Regardless of whether TG personnel assisted in the loading of product or the securing or assessment of loads and vehicles on behalf of Buyer or its agent, Buyer agrees that: (A) Buyer is solely responsible for securing the load, assessing the load and vehicle to ensure safe transport, and the safe transport of the product; (B) TG shall have no obligations or liability to either the Buyer or any third party for any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind arising out of or in any way related to the loading, assessment of the load and vehicle, or transport of the product by Buyer or its agent; and (C) Buyer will indemnify TG for any related third party claims pursuant to this section.
- Compliance with Laws. Buyer assumes responsibility to ensure that all materials are installed per product specifications and in accordance with all applicable building codes, laws and ordinances by the authorities having jurisdiction. TG does not control the selection of products and therefore assumes no responsibility for their use.
- Limited Warranty. Limited warranty terms applicable to specific TG products are available on TG’s website at https://tglass.com. Except as expressly set forth in the limited warranty applicable to the specific product, TG makes no warranties of any kind, express or implied, and TG expressly disclaims all any and all other warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any claim of a breach of any of the limited warranties must be received in writing by TG from Buyer on or before the end of the applicable limited warranty period or the claim is waived. TG, at its exclusive option, will upon receipt of a written claim within the applicable limited warranty period and confirmation of the existence of a manufacturing defect covered by the applicable limited warranty either: (A) provide a replacement product (equivalent to the original or the then currently produced substantially equivalent or better product, at TG’s option) to Buyer in exchange for the defective product, or (B) refund to Buyer TG’s original selling price for such defective product.
- Limitation of Liability. Neither party nor such party’s representatives shall be liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of or relating to any breach of this agreement, whether or not such damages were foreseeable or such party was advised of the possibility of such damages, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event will TG’s total liability exceed the price for products as specified in the invoice.
- Governing Law. Sales invoices, and the purchase and sale of any products listed thereon, shall be governed and construed in accordance with the laws of the State of Illinois, without regard to principles of conflicts of laws.