Standard Terms and Conditions:

Terms
Acceptance of this Proposal/Quote (“Proposal”) by Customer/Contractor (“Contractor”) constitutes an order and contract for the purchase of the materials and/or services described in the Proposal. If Customer/Contractor does not accept this Proposal within 30 days, Kern Glass and Aluminum Company reserves the right to change the services and/or equipment and prices quoted. Signature on this document or issuance of a purchase order or other writing by Customer/Contractor expressing an intention to purchase the services/equipment that is the subject of this Proposal constitutes acceptance of the scope of work and these Terms and Conditions (“Agreement/Contract”). Any additional orders, changes, or extras for material or labor will be subject to all terms and conditions of this Agreement. No terms, provisions, or conditions of any previously or subsequently submitted Customer/Contractor agreement or purchase order (including but not limited to any verbal representation or understandings) shall have any effect on the obligations of the parties under or otherwise modify this Agreement/Contract.

Payment
Kern Glass and Aluminum Company shall be paid monthly progress payments on or before the 15th of each month for the value of work completed plus the amount of materials and equipment suitably stored on or off-site. Final payment shall be due 30 days after the work described in the Proposal is substantially completed. No provision of this Agreement/Contract shall serve to void Kern Glass and Aluminum Company’s entitlement to payment for properly performed work or suitably stored materials or to require Kern Glass and Aluminum Company to continue performance if timely payments are not made for completed work or stored materials. Kern Glass and Aluminum Company retains the right to file a lien or claim on its behalf in the event that any payment is not timely made.

Delays
Kern Glass and Aluminum Company shall be given a reasonable time in which to make delivery of materials and/or labor to commence and complete the performance of the Agreement/Contract. Kern Glass and Aluminum Company shall not be responsible for delays or defaults where occasioned by causes beyond its control, including but not limited to: delays caused by the Owner, Contractor, Architect, and/or Engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents, and acts of God. Kern Glass and Aluminum Company shall be entitled to equitable adjustment in the Agreement/Contract amount for additional costs due to unanticipated project delays or accelerations caused by others and to time extensions for unavoidable delays. The Contractor shall make no demand for liquidated damages for delays in excess of the amount specified in the Agreement/Contract, and no liquidated damages may be assessed against Kern Glass and Aluminum Company for more than the amount paid by the Contractor for unexcused delays actually caused by Kern Glass and Aluminum Company. Any such delays will be considered an extension to the project schedule.

Construction Schedule
The construction schedule shall be mutually agreed upon to establish the activities, sequencing, and working time necessary to perform and complete the contracted scope. All work performed outside of such hours shall be charged at a rate or amounts agreed upon by the parties at the time overtime is authorized.

Extra Work, Change Orders, and Back Charges
Changes, deletions, and additions to Kern Glass and Aluminum Company’s work will not be performed without an approved change order with an agreed price. Field change orders will be performed on a time-plus-material basis. Unless notified in writing to the contrary by the Contractor, Kern Glass and Aluminum Company will assume the Contractor’s field personnel are authorized to issue field change orders. No back charges or claim of the Contractor for services shall be valid except by an agreement in writing by Kern Glass and Aluminum Company before the work is executed, except in the case of Kern Glass and Aluminum Company’s failure to meet any requirement of the Agreement/Contract. In such an event, the Contractor shall notify Kern Glass and Aluminum Company of such default, in writing, and allow Kern Glass and Aluminum Company reasonable time to correct any deficiency before incurring any cost chargeable to Kern Glass and Aluminum Company.

Trade Damage and Fireproofing
Acceptance of Kern Glass and Aluminum Company’s work shall be completed by a mutually agreed-upon method, such as floor by floor. Kern Glass and Aluminum Company will not be responsible for trade damage after the work is installed and accepted by the Contractor. Kern Glass and Aluminum Company excludes glass breakage unless broken by its own forces.

Protection of Work
Kern Glass and Aluminum Company excludes all protection of its material after installation. Job damage caused by the Contractor or other subcontractors on the work performed by Kern Glass and Aluminum Company shall be reported immediately, and the Contractor shall be responsible for its repair. Kern Glass and Aluminum Company is not responsible for marking, taping, or masking of glass or metal or its removal after installation.

Warranty
Kern Glass and Aluminum Company’s equipment and work are guaranteed for a period of one year from the date of installation or substantial completion, whichever is earlier. Compliance with Title 24 Requirements, NFRC Labeling, STC and/or Acoustic Requirements, Fire Rating Requirements, CalGreen, and LEEDS Requirements may not be available subject to manufacturer’s limitations, engineering, or constructability and may require an increase to Agreement/Contract. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.The exclusive remedy shall be that Kern Glass and Aluminum Company shall replace or repair any part of its work found to be defective. Kern Glass and Aluminum Company shall not be responsible for damage or defects caused by abuse, modifications not executed by Kern Glass and Aluminum Company, improper or insufficient maintenance, improper operation, or normal wear and tear. Contractor shall provide written notice to Kern Glass and Aluminum Company with reasonable time to cure.

Attorney’s Fees
In the event that it becomes necessary to retain the services of an attorney to enforce any of the provisions of this Agreement/Contract, the prevailing party shall be entitled to recover attorney’s fees and costs, in addition to any other relief to which the prevailing party may be entitled.

Exclusion for Project Labor Agreement (PLA)
This agreement expressly excludes any requirements related to the Project Labor Agreement (PLA). The undersigned party is not required to sign or adhere to the terms of any PLA, nor is the undersigned party required to be a signatory to any union in connection with this agreement. Participation in or compliance with any union agreements, including but not limited to the PLA, is not a condition of this agreement, and the undersigned party is not obligated to join or become a member of any union as a result of executing this document.

Dispute Resolution
The parties agree to attempt to resolve disputes in good faith. If the dispute cannot be resolved, mediation will be required before submitting the matter to binding arbitration. Mediation costs shall be shared equally by both parties.

Governing Law
This Agreement shall be construed in accordance with and governed by the laws of the state in which the project is located.

Last Updated: April, 2024