Standard Terms and Conditions:

Terms
Acceptance of this Proposal/Quote (“Proposal”) by the Customer and/or Contractor (“Customer/Contractor”) constitutes an order and contract solely for the fabrication services described herein. This Proposal does not include material procurement unless otherwise specified. If not accepted within 30 days, Kern Glass and Aluminum Company reserves the right to revise pricing, scope, or availability. Acceptance may be indicated by signature, issuance of a purchase order, or other written intent to proceed. This acceptance confirms agreement to the scope of fabrication work and these Terms and Conditions (“Agreement/Contract”). All fabrication performed by Kern Glass and Aluminum Company shall be in accordance with industry standards and shall exclude any methods not approved or recognized by the original product manufacturer. Any additional or revised fabrication work shall be governed by these Terms and is subject to an approved written change order. No terms or conditions submitted by the Customer/Contractor that conflict with or alter this Agreement shall be valid unless agreed to in writing by Kern Glass and Aluminum Company. 

Payment
Kern Glass and Aluminum Company shall be paid in monthly progress payments, due on or before the 15th of each month, for work completed. Final payment is due within 30 days of substantial completion of fabrication. Failure by the Customer/Contractor to make timely payments entitles Kern Glass and Aluminum Company to suspend further performance and/or pursue legal remedies, including the right to file a lien or legal claim for payment. 

Delays
Kern Glass and Aluminum Company shall be granted reasonable time to complete fabrication. Kern Glass and Aluminum Company is not liable for delays caused by events beyond its control, including but not limited to: late delivery of products by others, inaccurate or delayed information from the Customer/Contractor, labor disputes, acts of God, transportation issues, vendor or supplier issues, machine breakdowns, power outages, and delays caused by third parties. Adjustments in schedule or cost resulting from such delays shall be mutually agreed upon. No penalties or liquidated damages shall be assessed against Kern Glass and Aluminum Company for delays unless directly caused by Kern Glass and Aluminum Company’s proven negligence. 

Fabrication Schedule
A mutually agreed-upon fabrication schedule shall be established between Kern Glass and Aluminum Company and the Customer/Contractor. Work outside of regular business hours will be subject to additional charges, as agreed upon at the time of authorization. 

Extra Work, Change Orders, and Back Charges
Changes to the original scope of fabrication will not be performed without a written change order including an agreed price and timeline. Field-directed changes without a formal change order will be billed on a time-and-material basis. Unless specifically notified in writing, Kern Glass and Aluminum Company assumes Customer/Contractor personnel are authorized to approve such changes. No back charges will be accepted unless agreed to in writing by Kern Glass and Aluminum Company prior to the work being performed, and only after Kern Glass and Aluminum Company has been given an opportunity to address the issue. 

Product Responsibility and Trade Damage
Kern Glass and Aluminum Company is not responsible for damage to any materials provided by the Customer/Contractor, including glass, metal, or hardware, either before or after fabrication. Kern Glass and Aluminum Company will not modify or fabricate any materials using processes or methods that are not approved or recommended by the product manufacturer. Acceptance of completed fabricated items will be performed by an agreed method, such as per batch or delivery. Once items are accepted or delivered to the Customer/Contractor, Kern Glass and Aluminum Company is not liable for damage, loss, or misuse. 

Protection of Work
Kern Glass and Aluminum Company excludes any responsibility for protection, packaging beyond standard shop practices, or jobsite protection after delivery. Any additional packaging or crating requirements must be specified in advance by the Customer/Contractor and may result in additional costs. Job damage to fabricated items after delivery is the responsibility of the Customer/Contractor. 

Warranty
Kern Glass and Aluminum Company warrants its fabrication workmanship for a period of one (1) year from the date of delivery. This warranty does not cover materials provided by the Customer/Contractor nor does it include damage due to mishandling, improper installation, alteration, or normal wear. Kern Glass and Aluminum Company’s warranty does not apply to any work that is performed using fabrication methods not approved by the product manufacturer. This warranty is in lieu of all other express or implied warranties, including merchantability or fitness for a particular purpose. The Customer/Contractor must provide written notice of defects and allow Kern Glass and Aluminum Company reasonable time to inspect and cure any issues. 

Attorney’s Fees
In any dispute related to this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs, in addition to any other relief granted. 

Exclusion for Project Labor Agreement (PLA)
This Agreement specifically excludes any obligation to adhere to or participate in a Project Labor Agreement (PLA). Kern is not required to be a signatory to any union or PLA, and union participation is not a condition of this contract. The Customer/Contractor agrees that no such union or PLA requirements shall be imposed as part of this Agreement. 

Dispute Resolution
Kern Glass and Aluminum Company and the Customer/Contractor agree to resolve disputes in good faith. If resolution is not achieved, mediation shall be pursued before binding arbitration. Mediation costs shall be shared equally by both Kern Glass and Aluminum Company and the Customer/Contractor. 

Governing Law
This Agreement shall be governed by and interpreted under the laws of the state where the fabrication services are performed or delivered to the Customer/Contractor. 

Last Updated: May, 2025