Terms and Conditions

1. APPLICABILITY OF TERMS.

These terms and conditions shall apply to, and govern, the purchase, sale and installation of any Cascadia Windows Ltd. (“Cascadia”) products, whether or not such products are specifically identified in a Supply Quotation and Order Form. Cascadia hereby objects to any conflicting, additional and/or different terms contained in any purchase order or other documents provided by Purchaser, and the same shall not become part of these Terms and Conditions unless specifically authorized in writing by Cascadia’s authorized representative.

2. PRICING, ESCALATION, AVAILABILITY, AND SCOPE OF ORDER.

Purchaser acknowledges that the volatility in markets may impact Cascadia’s ability to supply the Products at the Purchase Price or within the delivery time and that Cascadia would not be willing to enter into an Order with Purchaser without the ability to change the Purchase Price and/or the delivery time. Accordingly, Purchaser agrees that both the Purchase Price and the delivery time are subject to change after Acceptance due to price escalation in material costs and/or transportation costs, and/or the availability of materials required by Cascadia to fulfill the Order. At any time after the date of the Order, Cascadia may increase the Purchase Price and/or the delivery time by notifying the Purchaser in writing of the increase, provided that Cascadia presents Purchaser with evidence, in the form of correspondence or other records from Cascadia’s supplier(s), of an increase in price and/or the unavailability of materials that impacts Cascadia. Cascadia reserves the right to increase the Purchase Price based upon a corresponding increase of prices of any materials from its suppliers for the manufacture of the Products, and based upon an estimate that the input of materials for the manufacture of the Products are according to the following percentages: fiberglass-10%, insulated glass units (IGUs) or glass-20%, aluminum-10%, hardware-10%, and paint-5%. If the price escalation results in an increase in the Purchase Price of 15% or less, Purchaser agrees to accept and pay the revised Purchase Price. If the increase in the delivery time is 30 days or less, Purchaser agrees to accept the revised delivery time. If the increase in the Purchase Price is more than 15% of the total Purchase Price or if the increase in the delivery time is more than 30 days, Purchaser shall have three (3) days after receipt of Cascadia’s written notice to cancel the Order, subject to any applicable cancelation fees, by providing Cascadia with a written cancelation. Purchaser’s failure to provide Cascadia with a written request for cancelation of the Order after receipt of Cascadia’s notice, shall operate as Purchaser’s acceptance of the revised Purchase Price and/or revised delivery time and Purchaser agrees to pay Cascadia the revised Purchase Price in accordance with the Payment terms herein. In addition, fuel surcharges may apply due to escalating transportation fuel costs.

3. SHOP DRAWINGS.

If shop drawings are provided by Cascadia with respect to any Order, then such shop drawings shall take precedence over any other drawings, specifications or other requirements provided by, or on behalf of, Purchaser. In the event Purchaser does provide any drawings, details, specifications or other requirements, Cascadia assumes no liability whatsoever for its interpretation thereof, and Purchaser’s acceptance of the shop drawings must be based on final approval by Purchaser or architects, engineers or other third parties retained by Purchaser.

4. IMPROPER INSTALLATIONS OR DESIGNS.

Purchaser is responsible for understanding the window and door configurations and requirements for proper installation of the products supplied by Cascadia, including but not limited to the rough opening sizing and technical requirements for the products supplied, and must prepare the project or building to allow for proper installations. Purchaser must ensure the accuracy and quality of window and door rough openings, including sizes, alignments, flashings, the quality of workmanship, and other building details as required to allow the products to function properly in conjunction with Cascadia’s specified tolerances and requirements applicable to the products to be supplied. If products supplied by Cascadia are improperly installed, or if the project or building is improperly designed so as to affect the performance of supplied products, then Cascadia shall have no responsibility or liability where such improper installations or designs affect the performance of supplied products.

5. LEAD TIME REQUIRED PRIOR TO DELIVERY.

Provided that an Order has been accepted by Cascadia, written notice of the requested delivery date(s) must be given to Cascadia by Purchaser up to twelve (12) weeks prior to such requested delivery date(s). Cascadia shall not be liable for any delay in delivery due to any cause beyond Cascadia’s control including, but not limited to, governmental action, strikes or other labour disputes, fire, damage or destruction of goods, manufacturers’ shortages, delays or inability to obtain materials, fuels or supplies, acts of God, or any other cause whatsoever beyond Cascadia’s control.

6. PAYMENT.

Except as otherwise agreed upon in writing by Cascadia and Purchaser, fifty percent (50%) of the Purchase Price shall be due upon Purchaser’s submission of the Order to Cascadia, which payment will be applied pro rata in partial payment for each item ordered. The balance of the Purchase Price shall be paid prior to delivery or shipment of the Products. Any amounts above and beyond the Purchase Price are due within thirty (30) days of the date of Cascadia’s invoice for such additional amounts. All payments shall be submitted to Cascadia’s address as shown in the Order, and must be made in the currency specified in the Order. Interest shall accrue on all past due amounts at the rate of one and one-half percent (1-1/2%) per month until paid in full. In the event a payment provided to Cascadia is returned as “NSF,” Purchaser shall pay to Cascadia a fee of $300, plus interest at the rate of one and one-half percent (1-1/2%) per month until the outstanding amount is paid in full, and any lawyer or attorneys’ fees and costs associated with Cascadia’s collection of the amount owed. In the event of late or non-payment Cascadia reserves the right to stop work and collect product from Purchaser for which payment has not been made.

7. WARRANTIES AND LIMITATIONS.

Cascadia warrants any products sold to Purchaser as set forth in Cascadia’s Limited Express Warranties & Limitations, a copy of which is attached hereto and expressly incorporated by reference as though fully set forth herein.

8. DEFECTS IN INSULATING GLASS UNITS.

Defects in insulating glass units that may warrant replacement will be determined in accordance with CAN/CGSB-12.3-M91 (R2017) (flat, clear float glass) and CAN/CGSB-12.8-2017 (insulating glass units).

9. LIMITATION OF DAMAGES.

To the extent a legal claim is made against Cascadia Windows arising from or relating to any Order or products supplied, whether based on breach of contract or warranty, negligence, or any other basis, Cascadia Windows shall not be liable for any indirect, consequential or incidental damage or for any delay damages.

10. INDEMNIFICATION.

To the extent permitted by law, Purchaser agrees to indemnify, defend and hold Cascadia harmless from all claims for injury or death to persons or damages to property of any kind arising out of the use of Cascadia’s products.

11. DISPUTES, REMEDIES AND LIMITATIONS.

The Order and these terms and conditions shall be governed and interpreted under the laws of the Province of British Columbia, Canada. Unless otherwise specifically provided herein, all claims of any nature, whether in contract or in tort, must be asserted within one (1) year from date of delivery of the products. All claims or disputes between the parties hereto are subject to either judicial resolution in a court of competent jurisdiction in the Province of British Columbia or shall be decided by a single arbitrator in accordance with the rules for commercial disputes of the Commercial Arbitration Act. Cascadia shall have the sole discretion as to whether the dispute will be handled through the courts or through arbitration and shall make its selection within thirty (30) days of written notice of a claim or dispute.

12. LEGAL OR ATTORNEYS’ FEES AND COSTS.

Purchaser agrees to pay Cascadia all lawyer or attorneys’ fees and costs, including any related to post-judgment collection, should it become necessary for Cascadia to pursue collection of the amounts owed hereunder.

LIMITED EXPRESS WARRANTIES & LIMITATIONS

Cascadia Windows Ltd. (“Cascadia”), with respect to the sale, supply, use and installation (when installed by Cascadia), of its fiberglass window and door products (the “products”) and subject to the exclusions and limitations herein, provides to the original Purchaser of the products the following limited express warranty (the “Warranty”):

FIBERGLASS FRAMES:

Cascadia warrants, for a period of twenty (20) years, commencing from the date of delivery of the products to the original Purchaser, that its fiberglass window and door frame components are free from defects in materials and workmanship. Fiberglass has material properties relative to strength, flexibility, durability, and thermal resistance that make it ideal for window and door frame applications. It is possible, however, for fiberglass to exhibit micro fissures at penetrations or concentrated stress locations. Cascadia’s products are designed, manufactured, and tested with this potential in mind. Such minor fissures are a function of the material properties of fiberglass, do not compromise product performance, structural integrity, or durability, are not a product defect and therefore are not covered by this Warranty. Cascadia reserves the right to determine if stress induced micro fissures are material in nature. Cascadia’s obligations under this section of this Warranty are limited to the repair or replacement of fiberglass frames, at its sole discretion.

HARDWARE:

Cascadia warrants, for a period of ten (10) years, commencing from the date of delivery of the products to the original Purchaser, that its operating hardware supplied integrally with the products is free from defects in materials and workmanship. Cascadia’s obligations under this section of this Warranty are limited to the supply only of replacement hardware components, FOB Cascadia’s plant. Labor costs to replace defective hardware components are not covered under this Warranty.

INSULATING GLASS UNITS - Annealed and Tempered Glass:

The sealed insulating glass units (IGUs), consisting of annealed and/or tempered glass, which are contained in Cascadia products are manufactured by a third-party glazing supplier, and are installed by Cascadia within its fiberglass frames. The IGUs shall only be covered by the manufacturer’s limited warranty for a period of 10 (ten) years, commencing from the date stamp found on the spacer bar between the sheets of glass. An optional warranty, up to 20 (twenty) years, may be provided to the Purchaser to the extent that it is available from the manufacturer. The warranty of the IGUs is limited to the failure of the hermetic seal, and warrants only against the formation of water and/or dust on or within the interior surfaces of the IGUs. Cascadia shall provide no warranty of the IGUs separate and apart, or in addition to, the manufacturer’s warranty. The remedy provided under this section of this warranty is limited to the supply only of replacement IGUs by Cascadia, FOB Cascadia’s plant, for defective IGUs. Labor costs to replace defective IGUs are not covered under this warranty.

INSULATING GLASS UNITS - Laminated Glass and Capillary Tubes:

The sealed insulating glass units (IGUs) consisting of laminated glass, and /or those IGU’s that have capillary tubes, and which are incorporate into Cascadia Products, are manufactured by a third-party glazing supplier, and are installed by Cascadia within its fiberglass frames. The IGUs shall only be covered by the manufacturer’s limited warranty for a period of 5 (five) years, commencing from the date stamp found on the spacer bar between the sheets of glass. The warranty of the IGUs is limited to the failure of the hermetic seal, and warrants only against the formation of water and/or dust on/or within the interior surfaces of the IGUs. Cascadia shall provide no warranty of the IGUs separate and apart, or in addition to, the manufacturer’s warranty. The remedy provided under this section of this warranty is limited to the supply only of replacement IGUs by Cascadia, FOB Cascadia’s plant, for defective IGUs. Labor costs to replace defective IGUs are not covered under this warranty.

EXCLUSIONS:

This Warranty does not cover, and excludes without limitation, the following:

1. Damage caused by others arising from improper handling, accidents, abuse, or vandalism, or any other causes beyond Cascadia’s control;
2. Glass breakage or screen tears occurring after delivery of the products;
3. Malfunction or reduced performance resulting from improper building design or product installation;
4. Damage or malfunction resulting from settlement of the building containing the products;
5. Discoloration occurring after delivery of the products to the original Purchaser and arising from accumulations of dirt or other substances having the capacity to stain the painted surface or fiberglass products;
6. Damage resulting from wind, hail, fire, lightning, or other acts of God, or exposure to caustic chemicals or pollutants;
7. Defects or damage resulting from any modification of the product(s) without Cascadia’s written approval;
8. Condensation on the surface of any product that may occur as the result of excess humidity or moisture; and
9. Micro fissures in the fiberglass frames at penetrations or concentrated stress locations.
10. Screens are covered under a separate warranty if provided by Cascadia.

Unless otherwise specifically provided herein, Cascadia’s sole liability and Purchaser’s exclusive remedy with respect to this Warranty shall be, in Cascadia’s sole discretion, limited to either the repair or replacement of defective products covered by the Warranty.

This Warranty is null and void if Purchaser fails to properly maintain the products, or fails to comply with Cascadia’s maintenance guide and maintenance requirements, or if the Purchaser fails to maintain complete and accurate maintenance records confirming compliance with stated maintenance requirements. Cascadia’s maintenance guide and maintenance requirements are found at http://www.cascadiawindows.com/maintenance-guide.php.

NO IMPLIED WARRANTIES:

The foregoing limited express warranties are the only warranties applicable to products sold and/or supplied by Cascadia, and are provided to the exclusion of any other warranties.

ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THOSE RELATING TO MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED EXCEPT TO THE EXTENT THEY ARE CONSISTENT WITH CASCADIA’S LIMITED EXPRESS WARRANTIES OR ARE OTHERWISE EXPRESSLY AGREED TO BY CASCADIA. ACCORDINGLY, THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE WARRANTIES DESCRIBED HEREIN.

LIMITATION OF CLAIMS:

Except as otherwise stated in Cascadia’s Terms and Conditions, Cascadia’s liability for any and all claims made against it arising from the sale, supply, use and installation (when installed by Cascadia), of its products shall cease if no action is commenced prior to the expiration of the warranty periods defined above. In no event shall Cascadia be liable to Purchaser for any indirect, incidental, or consequential damages of any kind whatsoever.

1. APPLICABILITY OF TERMS.

These terms and conditions shall apply to, and govern, the purchase, sale and installation of any Cascadia Windows Ltd. (“Cascadia”) products, whether or not such products are specifically identified in a Supply Quotation and Order Form. Cascadia hereby objects to any conflicting, additional and/or different terms contained in any purchase order or other documents provided by Purchaser, and the same shall not become part of these Terms and Conditions unless specifically authorized in writing by Cascadia’s authorized representative.

2. PRICING, ESCALATION, AVAILABILITY, AND SCOPE OF ORDER.

Quotes are valid for 15 days from the quote date indicated. Purchaser acknowledges that the volatility in markets may impact Cascadia’s ability to supply the products at the Quoted Price or within the Lead Time for Delivery (“Quoted Time”) and that Cascadia would not be willing to enter into an Order with Purchaser without the ability to change the Quoted Price and/or the Quoted Time. Accordingly, Purchaser agrees that both the Quoted Price and the Quoted Time are subject to change after Acceptance due to price escalation in material costs and/or transportation costs, and/or the availability of materials required by Cascadia to fulfill the Order. At any time after the date of the Order, Cascadia may increase the Quoted Price and/or the Quoted Time by notifying the Purchaser in writing of the increase, provided that Cascadia presents Purchaser with evidence, in the form of correspondence or other records from Cascadia’s supplier(s), of an increase in price and/or the unavailability of materials that impacts Cascadia. If the price escalation results in an increase in the Quoted Price of 15% or less, Purchaser agrees to accept and pay the revised Quoted Price. If the increase in the Quoted Time is 30 days or less, Purchaser agrees to accept the revised Quoted Time. If the increase in the Quoted Price is more than 15% of the total Quoted Price or if the increase in the Quoted Time is more than 30 days, Purchaser shall have three (3) days after receipt of Cascadia’s written notice to cancel the Order, subject to any applicable cancelation fees, by providing Cascadia with a written request for cancelation. Purchaser’s failure to provide Cascadia with a timely request for cancelation of the Order after receipt of Cascadia’s notice, shall operate as Purchaser’s acceptance of the revised Quoted Price and/or revised Quoted Time and Purchaser agrees to pay Cascadia the revised Quoted Price in accordance with the Payment terms herein. Any taxes, tariffs, and/or import duties, if applicable, are the responsibility of the Purchaser. In addition, fuel surcharges may apply due to escalating transportation fuel costs.

3. SHOP DRAWINGS & ENGINEERING.

Unless otherwise specified in the Order, the Purchase Price therein shall not include the provision by Cascadia of shop drawings, engineering, installation services or shipping. Such additional items may be provided by Cascadia for an additional charge. If shop drawings are provided by Cascadia with respect to any Order, then such shop drawings shall take precedence over any other drawings, specifications or other requirements provided by, or on behalf of, Purchaser. In the event Purchaser does provide any drawings, details, specifications or other requirements, Cascadia assumes no liability whatsoever for its interpretation thereof and Purchaser’s acceptance of the shop drawings must be based on final approval by Purchaser or architects, engineers or other third parties retained by Purchaser.

4. IMPROPER INSTALLATIONS OR DESIGNS.

Purchaser must be aware of applicable code requirements and take responsibility to ascertain the suitability of Cascadia products for project specific applications. Purchaser is responsible for understanding the fiberglass girt configurations and requirements for proper installation of the products supplied by Cascadia, including but not limited to the attachment, spacing, code requirements, and technical requirements for the products supplied, and must prepare the project or building to allow for proper installations. Purchaser must also ensure the suitability of back-up studs, or other substrates, to carry loads and to provide suitable fastener pull-out resistance. Purchaser must ensure the accuracy and quality of girts, including sizes, alignments, fastening provisions, the quality of workmanship, and other building details as required allowing the products to function properly in conjunction with Cascadia’s specified tolerances and requirements applicable to the products to be supplied.

5. LIMITATION OF LIABILITY.

Purchaser acknowledges and agrees that Cascadia shall have no responsibility or liability for any damages that might result from the improper installation of products supplied by Cascadia, or if the project or building, including backup studs or other substrate to which the cladding supports are fastened, is improperly designed so as to affect the performance of supplied products, where such improper installations or designs affect the performance of supplied products.

6. LEAD TIME REQUIRED PRIOR TO DELIVERY & SHIPPING.

Provided that an Order has been accepted by Cascadia, written notice of the requested delivery date(s) must be given to Cascadia by Purchaser at least eight (8) weeks prior to such requested delivery date(s). Cascadia shall not be liable for any delay in delivery due to any cause beyond Cascadia’s control including, but not limited to, governmental action, strikes or other labor disputes, fire, damage or destruction of goods, manufacturers’ shortages, inability to obtain materials, fuels or supplies, acts of God, or any other cause whatsoever beyond Cascadia’s control. Shipping estimates are based on a single, standard ground delivery, unless otherwise indicated in writing from Cascadia. If shipping is not included in the order, pick up from Cascadia’s facility in Langley, BC, Canada, can be scheduled during normal business hours.

7. PAYMENT.

To ship orders, Cascadia requires payment in full if Purchaser does not have approved credit terms. With approved terms, any required deposit is due before products are shipped, with balance due 30 days after shipping date, unless established credit terms indicate otherwise. All payments shall be submitted to Cascadia’s address as shown in the Order, and must be made in the currency specified in the Order. All payments made by credit card, subject to limits, shall incur a two percent (2%) surcharge. Interest shall accrue on all past due amounts at the rate of one and one-half percent (1-1/2%) per month until paid in full. In the event a check provided to Cascadia is returned as “NSF,” Purchaser shall pay to Cascadia a fee of $300, plus interest at the rate of one and one-half percent (1-1/2%) per month until the outstanding amount is paid in full, and any lawyer or attorneys’ fees and costs associated with Cascadia’s collection of the amount owed. In the event of late or non-payment Cascadia reserves the right to stop work and collect product from Purchaser for which payment has not been made.

8. LIMITATION OF DAMAGES.

To the extent a legal claim is made against Cascadia arising from or relating to any Order or products supplied, whether based on breach of contract or warranty, negligence, or any other basis, Cascadia shall not be liable for any indirect, consequential or incidental damage or for any delay damages.

9. INDEMNIFICATION.

To the extent permitted by law, Purchaser shall indemnify and save harmless Cascadia from and against any claims, suits, demands, awards, actions, proceedings, losses, costs, damages or expenses (including legal costs on a solicitor and own client basis) suffered or incurred by Cascadia resulting from any action, suit or proceeding brought by any third party arising out of the use of Cascadia’s products.

10. DISPUTES, REMEDIES AND LIMITATIONS.

The Order and these terms and conditions shall be governed and interpreted under the laws of the Province of British Columbia, Canada. Unless otherwise specifically provided herein, all claims of any nature, whether in contract or in tort, must be asserted within one (1) year from date of delivery of the products. All claims or disputes between the parties hereto are subject to either judicial resolution in a court of competent jurisdiction in the Province of British Columbia or shall be decided by a single arbitrator in accordance with the rules for commercial disputes of the Commercial Arbitration Act. Cascadia shall have the sole discretion as to whether the dispute will be handled through the courts or through arbitration and shall make its selection within thirty (30) days of written notice of a claim or dispute.

11. LEGAL OR ATTORNEYS’ FEES AND COSTS.

Purchaser agrees to pay Cascadia all lawyer or attorneys’ fees and costs, including any related to post-judgment collection, should it become necessary for Cascadia to pursue collection of the amounts owed hereunder.

12. RETURN POLICY.

All returns must be received in the same condition as it left our warehouse. A 30% restocking fee will be applied to all returns. This restocking fee can be reimbursed in full, as a credit on any new order that occurs within 60 calendar days of the return.

13. INVENTORY STORAGE FEES.

Orders not picked up or shipped within five (5) days after the customer is notified of the order being ready shall be subject to a storage fee of $10/pallet/day.